Business Terms and Conditions

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General Terms and Conditions Thuiswinkel Business

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – The price
Article 7 – Performance of agreement and additional warranty
Article 8 – Delivery and execution
Article 9 – Duration transactions: duration, termination and renewal
Article 10 – Payment
Article 11 – Liability
Article 12 – Retention of title
Article 13 – Complaints procedure
Article 14 – Disputes

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Day: calendar day;
  2. Digital content: data produced and delivered in digital form;
  3. Continuing performance contract: an agreement for the regular delivery of goods, services and/or digital content over a certain period;
  4. Durable data carrier: any means - including email - that enables the customer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period adapted to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
  5. Customer: the natural or legal person acting in the exercise of their profession or business;
  6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to customers;
  7. Distance contract: an agreement concluded between the entrepreneur and the customer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for remote communication;
  8. In writing: "In writing" in these general terms and conditions also includes communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently established.
  9. Technique for remote communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to be together in the same room at the same time.
  10. Website: The webshop of the entrepreneur where products and services are offered that can be purchased by customers.

Article 2 - Identity of the entrepreneur

NRG fitness BV
Vang 4-6
4661TX Halsteren
Netherlands

Phone number: 0165512603
Available Monday to Thursday from 09:00 – 17:00.
On Friday from 09:00 – 16:00.

Email address: info@nrgfitness.nl

Chamber of Commerce number: 64918114
VAT identification number: NL855902620B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
  2. If the customer includes provisions or conditions in his order, confirmation or communication of acceptance that deviate from, or are not included in, the general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been expressly accepted by the entrepreneur in writing.
  3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the customer's request.
  4. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the customer's request.
  5. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the third and fourth paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the customer can always invoke the applicable provision that is most favourable to him.
  6. If a provision in these general terms and conditions proves to be void, this does not affect the validity of the entire general terms and conditions. In such a case, the parties will establish new provision(s) as a replacement, thereby giving effect to the intention of the original provision as much as legally possible.

Article 4 - The offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered.
  3. The content of the website and the offer has been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typing errors.

Article 5 - The agreement

  1. The agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the conditions set therein.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
  3. If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur will immediately notify the customer of such a revocation.
  4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
  5. If it appears that incorrect data has been provided by the customer when accepting or otherwise entering into the agreement, the entrepreneur has the right to fulfill its obligation only after the correct data has been received.
  6. The entrepreneur can - within legal frameworks - inform himself whether the customer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur who refuses the request or attaches special conditions to it based on the investigation, will notify the customer as soon as possible, but no later than 3 days after the conclusion of the agreement, stating the reasons.

Article 6 - The price

  1. All prices stated on the website and in other materials originating from the entrepreneur are exclusive of VAT (unless otherwise indicated) and, unless otherwise stated on the website, exclusive of other levies imposed by the government.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices, will be mentioned in the offer.
  3. The entrepreneur has the right to change the agreed prices from two weeks after the conclusion of the agreement. The customer who does not agree with the change has the right to terminate the agreement without any costs being charged to him by the entrepreneur.
  4. Any additional costs, such as delivery costs and payment costs, will be stated on the website and, in any case, shown during the ordering process.

Article 7 - Performance of agreement and additional warranty

  1. The entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. If the delivered product, service or digital content does not comply with the agreement (is delivered deficient or defective), the customer must notify the entrepreneur of this within 3 working days at the latest after he could reasonably have discovered this. If the customer fails to do so, he can no longer claim any form of repair, replacement, compensation and/or refund with regard to this defect.
  3. If the Entrepreneur considers a complaint to be well-founded, after consultation with the customer, the relevant products will be repaired, replaced or (partially) reimbursed. The Entrepreneur may refer the customer to a manufacturer or supplier.
  4. If the customer returns based on what is stated in this article, the customer can return the products. If prepaid amounts are to be refunded, the entrepreneur will refund these amounts within 30 days of receipt of the products.
  5. It is possible that manufacturers and/or suppliers offer their own guarantees. These guarantees are not offered by the entrepreneur. If the entrepreneur chooses to do so, he can mediate in the invocation of these guarantees by the customer.

Article 8 - Delivery and execution

  1. As soon as the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible, subject to the provisions of paragraph 3 of this article.
  2. The entrepreneur is entitled to engage third parties in fulfilling the obligations arising from the agreement.
  3. The delivery period is generally 30 days, unless otherwise clearly indicated on the website or when concluding the agreement. The choice of carrier is for the entrepreneur.
  4. If the entrepreneur cannot deliver the products within the agreed term, he will inform the customer of this, stating the expected new delivery term. The customer then has the right to dissolve the agreement and also the right to compensation for his damage resulting from the late or non-delivery up to a maximum of once the purchase price if the late or non-delivery is due to intent or gross negligence on the part of the entrepreneur. The customer will immediately notify the entrepreneur after his notification of late or non-delivery whether he still wishes to fulfill the agreement or wishes to dissolve it.
  5. Unless expressly agreed otherwise, the risk of the products to be delivered passes to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to pick up the products, the risk passes upon transfer of the products.
  6. If the customer or the third party designated by him is not present at the agreed delivery time at the delivery address to receive the products, the entrepreneur is entitled to take the products back. At extra cost, the entrepreneur will offer the products to the customer again at a later time and/or another day to be determined in consultation with the customer. If delivery proves impossible, the payment obligation does not expire and any additional costs, including for taking back, will be charged to the customer.
  7. If the ordered item is no longer available, the entrepreneur will endeavour to offer a similar product of similar quality to the customer. The customer is then entitled to dissolve the agreement free of charge.

Article 9 - Duration transactions: duration, termination and renewal

Termination:

  1. The customer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity), digital content or services, at any time with due observance of the agreed termination rules and a notice period of two months.
  2. The customer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity), digital content or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of two months.
  3. The customer can terminate the agreements mentioned in the previous paragraphs in writing.

Renewal:

  1. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity), digital content or services, will be tacitly renewed for the same period as agreed.
  2. The aforementioned notice periods apply accordingly to terminations by the entrepreneur.

Article 10 - Payment

  1. The customer must make payments to the entrepreneur according to the payment methods indicated in the ordering process and possibly on the website. The entrepreneur is free in the choice of offering payment methods and these may also change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment term of 14 days applies, starting on the day after delivery.
  2. If the customer fails to meet his payment obligation(s) on time, he is legally in default immediately, without any notice of default being required. The entrepreneur has the right to increase the amount due with the statutory interest and the entrepreneur is entitled to charge and recover the extrajudicial collection costs incurred by him and any legal costs from the customer.

Article 11 - Retention of title

  1. As long as the customer has not made full payment for the entire agreed amount, all delivered goods remain the property of the Entrepreneur.

Article 12 - Liability

  1. Except in cases of intent or gross negligence, the entrepreneur's total liability towards the customer for an attributable failure to perform the agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT). If it is a continuing performance contract, the aforementioned liability is limited to compensation of the amount that the customer owed the entrepreneur in the 3 months preceding the damage-causing event.
  2. The entrepreneur's liability towards the customer for indirect damage, which in any case – but explicitly not exclusively – includes consequential damage, loss of profit, missed savings, loss of data and damage due to business stagnation, is excluded.
  3. The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the latter exercising one or more of their statutory rights with regard to a defect in those products against the customer.
  4. Insofar as performance is not already permanently impossible, the entrepreneur's liability towards the customer for an attributable failure to perform an agreement only arises after the customer has immediately and properly given the entrepreneur written notice of default, setting a reasonable period for remedying the shortcoming, and the entrepreneur also fails to fulfil its obligations after that period has elapsed. The notice of default must contain as detailed a description of the shortcoming as possible, so that the entrepreneur is able to respond adequately.
  5. A condition for the existence of any right to compensation is always that the customer reports the damage to the entrepreneur in writing as soon as possible, but no later than within 14 days, after it has occurred.
  6. In case of force majeure, the entrepreneur is not obliged to compensate for any damage caused thereby to the customer.

Article 13 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed answer.

Article 14 - Disputes

  1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Should disputes arise from the Agreement that cannot be resolved amicably, these will be submitted to the competent court of the district where the entrepreneur is located. The entrepreneur and the customer may agree to settle their disputes by means of binding advice or arbitration.

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