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Thuiswinkel General Terms and Conditions

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 - Right of withdrawal

Article 7 - Obligations of the consumer during the withdrawal period

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance of the agreement and additional guarantee

Article 13 - Delivery and execution

Article 14 - Continuing transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Sector guarantee

Article 19 - Additional or deviating provisions

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance agreement: an agreement that provides for the regular supply of goods, services and/or digital content during a specified period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which permits unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be made available if the consumer has no right of withdrawal in respect of his order;
Means of distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: NRG fitness BV

Trading under the name(s):

NRG fitness BV

Registered address:

Vang 4-6
4661 TX Halsteren
The Netherlands

Telephone number: +31165512603

Availability:

From Monday to Friday from 09:00 to 16:30

Email address: info@nrgfitness.nl

Chamber of Commerce number: 64918114

VAT number: NL855902620B01

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority.

If the entrepreneur carries out a regulated profession:

the professional association or organisation to which he is affiliated;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these shall be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution thereof.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur shall send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur’s establishment where the consumer may lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer may terminate an agreement relating to the purchase of a product during a withdrawal period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The withdrawal period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided he has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the final shipment or the final part;
in agreements for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The withdrawal period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period determined in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original withdrawal period, the withdrawal period shall expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the withdrawal period

During the withdrawal period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as he would be permitted to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him, before or at the conclusion of the agreement, with all legally required information about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any event, the consumer has complied with the return period if he returns the product before the withdrawal period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the return costs.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity that is not made ready for sale in a limited volume or specific quantity begins during the withdrawal period, the consumer shall owe the entrepreneur an amount proportionate to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity that is not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, compensation for costs in the event of withdrawal or the model withdrawal form; or
the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
The consumer shall bear no costs for the full or partial supply of digital content not supplied on a tangible medium if:
prior to its delivery, he has not expressly agreed to commencing performance of the agreement before the end of the withdrawal period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this declaration by the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur makes the consumer’s notification of withdrawal possible electronically, he shall immediately send an acknowledgement of receipt after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay and in any event within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to make reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur shall use the same means of payment for reimbursement as that used by the consumer, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer chose a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, conducted by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
performance has begun with the consumer’s express prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which, after delivery, are by their nature irrevocably mixed with other products;
Alcoholic beverages the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
performance has begun with the consumer’s express prior consent; and
the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they result from statutory regulations or provisions; or
the consumer is entitled to terminate the agreement as from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the agreement and additional guarantee

The entrepreneur guarantees that the products and/or services 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 the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.

Article 13 - Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Continuing transactions: duration, termination and renewal

Termination:

The consumer may terminate at any time an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate at any time, at the end of the fixed term, an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may, with respect to the agreements referred to in the previous paragraphs:

terminate them at any time and not be limited to termination at a specific time or during a specific period;
terminate them at least in the same manner as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, news papers and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news papers and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery by way of introduction of daily newspapers, news papers and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

Unless otherwise provided in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period within 14 days after conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfil his payment obligation(s) on time, then, after the entrepreneur has pointed out the late payment to him and has granted the consumer a period of 14 days to still meet his payment obligations, starting on the day after receipt of the reminder, and if payment is still not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service or the entrepreneur’s service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website thuiswinkel.org. The complaint will then be sent both to the entrepreneur concerned and to Thuiswinkel.org.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. If the entrepreneur directs his activities to the country where the consumer resides, the consumer may also always invoke the mandatory consumer law of his own country.
Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements relating to products and services to be delivered or delivered by this entrepreneur may, with due observance of the provisions below, be submitted by either the consumer or the entrepreneur to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (sgc.nl).
A dispute shall only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by that choice. Preferably, the consumer first reports this to the entrepreneur.
If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must, within five weeks after a written request made by the entrepreneur, state in writing whether he also wishes this or whether he wishes the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee gives its decision under the conditions as laid down in the regulations of the Disputes Committee (degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
The Disputes Committee will not handle a dispute or will discontinue the handling thereof if the entrepreneur has been granted suspension of payments, has gone bankrupt, or has effectively ceased his business activities before a dispute has been dealt with by the committee at a hearing and a final decision has been given.
If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or a disputes committee affiliated with the Dutch Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee shall preferably be competent for disputes concerning mainly the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid.

Article 18 - Sector guarantee

Thuiswinkel.org guarantees compliance by its members with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice for review by the court within two months after it has been sent. This guarantee is revived if the binding advice remains in force after review by the court and the judgment demonstrating this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess amount, Thuiswinkel.org has an obligation of best efforts to ensure that the member complies with the binding advice.
Application of this guarantee requires that the consumer submits a written appeal to Thuiswinkel.org and transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered the opportunity to transfer his claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organisation will seek payment thereof in court in its own name and at its own expense for the benefit of the consumer.

Article 19 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that, in the event of applicable amendments during the validity period of an offer, the provision most favourable to the consumer shall prevail.

Thuiswinkel.org

www.thuiswinkel.org

Horaplantsoen 20, 6717 LT Ede

P.O. Box 7001, 6710 CB Ede

Appendix I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: [name of entrepreneur]

[geographical address of entrepreneur]

[fax number of entrepreneur, if available]

[email address or electronic address of entrepreneur]

I/We* hereby give notice that I/We* withdraw from our agreement concerning

the sale of the following products: [description of product]*

the supply of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*,

withdraw/withdraws*

Ordered on*/received on* [date of order for services or date of receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only when this form is submitted on paper)
[Date]

* Delete as appropriate or complete as applicable.

Download our general terms and conditions for companies

Thuiswinkel Business General Terms and Conditions

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 the agreement and additional guarantee
Article 8 - Delivery and execution
Article 9 - Continuing 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:

Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance agreement: an agreement that provides for the regular supply of goods, services and/or digital content during a specified period;
Durable medium: any tool - including email - that enables the customer or entrepreneur to store information addressed personally to him in such a way that future consultation or use is possible for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Customer: the natural or legal person acting in the exercise of his profession or business;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to customers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the customer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the agreement;
In writing: in these general terms and conditions, “in writing” also includes communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently established.
Means of distance communication: means that can be used to conclude an agreement without the customer and entrepreneur having to be in the same place at the same time.
Website: the entrepreneur’s webshop on which 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
The Netherlands

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

Email address: info@nrgfitness.nl

Chamber of Commerce number: 64918114
VAT identification number: NL855902620B01

Article 3 - Applicability

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.
If the customer includes provisions or conditions in his order, confirmation or communication containing acceptance that deviate from or are not included in the general terms and conditions, these shall only be binding on the entrepreneur if and insofar as they have been expressly accepted by the entrepreneur in writing.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the customer as soon as possible upon request.
If the distance contract is concluded electronically, then notwithstanding 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 medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request by the customer.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the third and fourth paragraphs shall apply mutatis mutandis and, in the event of conflicting terms and conditions, the customer may always invoke the applicable provision that is most favourable to him.
If any provision in these general terms and conditions proves to be void, this shall not affect the validity of the general terms and conditions as a whole. In that case, the parties shall adopt one or more new provisions to replace it, which give effect as much as legally possible to the intention of the original provision.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these shall be a truthful representation of the products, services and/or digital content offered.
The content of the website and the offer has been compiled with the greatest possible care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, offers and other information on the website and in other materials originating from the entrepreneur are therefore subject to obvious programming and typographical errors.

Article 5 - The agreement

The agreement is concluded at the moment the customer accepts the offer and fulfils the conditions set therein.
If the customer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.
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 shall inform the customer of such revocation without delay.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the customer can pay electronically, the entrepreneur shall observe appropriate security measures.
If it appears that incorrect information has been provided by the customer upon acceptance or otherwise when entering into the agreement, the entrepreneur has the right to fulfil its obligations only after the correct information has been received.
Within legal frameworks, the entrepreneur may investigate whether the customer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution thereof. The entrepreneur who, on the basis of the investigation, refuses the request or attaches special conditions to it, shall inform the customer thereof as soon as possible, but no later than within 3 days after conclusion of the agreement, stating the reasons.

Article 6 - The price

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

Article 7 - Performance of the agreement and additional guarantee

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 the agreement was concluded.
If the delivered product, service or digital content does not comply with the agreement (is delivered defective or faulty), the customer must notify the entrepreneur thereof no later than 3 working days 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 in respect of this defect.
If the entrepreneur considers a complaint to be well-founded, the relevant products will, in consultation with the customer, be repaired, replaced or (partly) reimbursed. In doing so, the entrepreneur may refer the customer to a manufacturer or supplier.
If the customer returns products on the basis of the provisions of this article, the customer may return the products. If already prepaid amounts are to be refunded, the entrepreneur shall refund these amounts within 30 days after receipt of the products.
Manufacturers and/or suppliers may offer their own warranties. These warranties are not offered by the entrepreneur. If the entrepreneur chooses to do so, he may mediate in invoking these warranties on behalf of the customer.

Article 8 - Delivery and execution

As soon as the entrepreneur has received the order, the entrepreneur shall send the products as soon as possible, subject to the provisions of paragraph 3 of this article.
The entrepreneur is entitled to engage third parties in the performance of the obligations arising from the agreement.
The delivery period is in principle 30 days, unless clearly stated otherwise on the website or at the time the agreement is concluded. The choice of carrier is for the entrepreneur.
If the entrepreneur is unable to deliver the products within the agreed period, he shall inform the customer thereof, stating the expected new delivery period. The customer shall then have the right to dissolve the agreement and shall also be entitled to compensation for his damage resulting from the late or non-delivery up to a maximum of one time the purchase price if the late or non-delivery is attributable to intent or gross negligence on the part of the entrepreneur. Immediately after the entrepreneur’s notification of late or non-delivery, the customer shall inform the entrepreneur whether he still wishes performance of the agreement or wishes to dissolve it.
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 collect the products, the risk passes upon transfer of the products.
If the customer or a third party designated by him is not present at the delivery address at the agreed delivery time to receive the products, the entrepreneur is entitled to take the products back. At additional cost, the entrepreneur shall offer the products to the customer again at another time and/or on another day to be agreed upon with the customer. If delivery proves impossible, the payment obligation shall not lapse and any additional costs, including those for taking the products back, shall be charged to the customer.
If the ordered product is no longer available, the entrepreneur shall make efforts to offer the customer a similar product of similar quality. The customer is then entitled to dissolve the agreement free of charge.

Article 9 - Continuing transactions: duration, termination and renewal

Termination:

The customer may terminate at any time an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity), digital content or services, subject to the agreed termination rules and a notice period of two months.
The customer may terminate at any time, at the end of the fixed term, an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity), digital content or services, subject to the agreed termination rules and a notice period of two months.
The customer may terminate the agreements referred to in the previous paragraphs in writing.

Renewal:

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

Article 10 - Payment

The customer must make payments to the entrepreneur according to the payment methods indicated in the ordering procedure and, where applicable, on the website. The entrepreneur is free to choose which payment methods to offer and these may also change from time to time. Unless otherwise agreed, in the case of payment after delivery, a payment term of 14 days applies, commencing on the day after delivery.
If the customer fails to fulfil his payment obligation(s) on time, he shall be in default by operation of law immediately, without any notice of default being required. The entrepreneur has the right to increase the amount due by the statutory interest and is entitled to charge the customer and recover from the customer any extrajudicial collection costs and any legal costs incurred.

Article 11 - Retention of title

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

Article 12 - Liability

Except in cases of intent or gross negligence, the entrepreneur’s total liability towards the customer for an attributable failure in the performance of the agreement is limited to compensation up to a maximum of the amount of the price stipulated for that agreement (including VAT). In the case of a continuing performance agreement, such liability is limited to compensation of the amount owed by the customer to the entrepreneur in the 3 months preceding the event causing the damage.
The entrepreneur’s liability towards the customer for indirect damage, including in any case - but expressly not limited to - consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption, is excluded.
The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of products purchased from the entrepreneur to consumers, as a result of the latter exercising one or more of their statutory rights against the customer in respect of a defect in those products.
Insofar as performance is not already permanently impossible, the entrepreneur’s liability towards the customer for an attributable failure in the performance of an agreement shall arise only after the customer has given the entrepreneur prompt and proper written notice of default, setting a reasonable period for remedying the failure, and the entrepreneur still fails to fulfil its obligations after that period has expired. The notice of default must contain as detailed a description of the failure as possible, so that the entrepreneur is able to respond adequately.
A condition for any right to compensation to arise 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 arose.
In the event of force majeure, the entrepreneur is not obliged to compensate any damage thereby suffered by the customer.

Article 13 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the customer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed response.

Article 14 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the customer to which these general terms and conditions relate.
If disputes arise as a result of the agreement and cannot be settled amicably, they shall be submitted to the competent court in the district where the entrepreneur is established. The entrepreneur and the customer may agree to settle their disputes by means of binding advice or arbitration.

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