TERMS & CONDITIONS

General Terms and Conditions Gym Chica webshop

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 - Costs in case of revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

For the purposes of these terms and conditions:

Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
Model withdrawal form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Gym Chica by F. Mercedes

Keizer Karelplein 8

6211 TC Maastricht the Netherlands.

Phone number: +31 (0)6 81 04 24 41

Emailaddress: gymchica1@gmail.com

KvK-nummer: 80043712

VAT-id NL003386069B39

Article 3 - Applicability

These general terms and conditions apply to every offer made by Gym Chica and to every distance contract and orders placed between Gym Chica and 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, prior to the conclusion of the remote agreement, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, 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 data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
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 the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are null and void or nullified in whole or in part at any time, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced in mutual consultation by a provision that approximates the purport of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these are a true representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer are not binding for the entrepreneur.
All images, specifications and information in the offer are indicative and cannot be used as a basis for compensation or dissolution of the agreement.
Pictures of products are a true representation of the offered products. The Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the
Special:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions will be necessary for that purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after it has been concluded, and if so in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, rectify it;
any other languages in which, in addition to English and Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an enduring transaction.
Optional: available sizes, colours, type of materials.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is made 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 consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself - within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on 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.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;

b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;

c. the information about guarantees and existing service after purchase;

d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.

In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement will be entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer in advance and announced to the entrepreneur.
During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the client must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
If the customer has not made it known that he wants to use his right of withdrawal after the periods mentioned in paragraph 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
In the case of the provision of services:
With the delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions given by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of revocation

If the consumer makes use of his right of withdrawal, he shall bear at most the costs of returning the goods.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will take place via the same payment method used by the consumer, unless the consumer explicitly gives permission for a different payment method.
In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any reduction in value of the product when the entrepreneur has not provided all the legally required information about the right of withdrawal, this should be done before concluding the purchase agreement.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

a. which have been created by the entrepreneur in accordance with the consumer's specifications;

b. which are clearly personal in nature;

c. which cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for separate newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

b. of which the delivery has started with the express consent of the consumer before the expiration of the cooling-off period;

c. concerning bets and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

a. they are the result of legal regulations or provisions; or

b. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services are inclusive of VAT.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal stipulations and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.
4. The guarantee period of the entrepreneur corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defects are wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur shall take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery shall be the address which the consumer has made known to the company.
With due observance of the stipulations in paragraph 4 of this article, the company shall execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term shall not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur shall make every effort to provide a replacement article. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and renewal
Termination

The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time with due observance of the agreed termination rules and a period of notice not exceeding one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to agreed termination rules and a maximum notice period of one month.
The consumer may terminate the contracts 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 of time;
at least in the same way as they have been entered into by the consumer;
always terminate with the same term of notice as the entrepreneur has stipulated for himself

Extension

A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract for the regular supply of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consu-ment is able to terminate the renewed contract by giving up to one month's notice at the end of the renewal.
A fixed-term contract for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time giving not more than one month's notice and not more than three months' notice where the contract is for the regular supply of newspapers, newspapers, magazines and periodicals, but not more than once a month.
A contract of limited duration for the regular supply of daily newspapers, news and weekly newspapers and periodicals (trial subscription or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial period or introductory subscription.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness dictate otherwise.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for the reasonable costs made known in advance.

Article 14 - Complaints procedure

The entrepreneur shall have a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer rejection time, the entrepreneur shall answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be solved in mutual consultation, a dispute will arise which is subject to dispute resolution.
In case of complaints, the consumer must first turn to the entrepreneur.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found well-founded by the entrepreneur, the entrepreneur shall, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different stipulations

Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.