Terms and Conditions

General terms and conditions – Fittstore BV

Index

Article 1 – Definitions
Article 2 – Identity of the company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs when exercising the right of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and fulfilment
Article 12 – Continuing performance transactions: duration, cancellation and extension
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or varying provisions

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Cooling-off period: the period within which the consumer can make use of his/her right of withdrawal.
Consumer: the natural person who is not exercising a profession or business and who enters into a distance contract with the company.
Day: calendar day.
Continuing performance transaction: a distance contract for a series of products and/or services in which the delivery and/or purchase obligation has been spread over time.
Durable data carrier: any device that enables the consumer or company to store information that is personally addressed to the consumer/company and which enables the stored information to be consulted and reproduced in the future without alteration.
Right of withdrawal: the option for the consumer to terminate the distance contract within the cooling-off period.
Standard form: the standard form for withdrawal from the contract provided by the company that a consumer can complete if he/she wishes to exercise the right of withdrawal.
Company: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: an agreement which exclusively uses one or more techniques for distance communication within the context of a system organized by the company for distance sales of products and/or services up to and including the conclusion of the agreement.
Technology for distance communication: means that can be used to conclude an agreement without the consumer and company being in the same place at the same time.
General conditions: these general terms and conditions of the company.

Article 2 – Identity of the company

Fittstore BV
Vliestroom 88
1771 HG Wieringerwerf
The Netherlands

Telephone number +31 (0) 22 760 80 06 (Monday to Friday, 9 a.m. – 5 p.m.)
Email address: help@fittstore.com
Chamber of Commerce number: 72872969
VAT number: 8592.68.895.B.01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the company and to every distance contract and order between the company and the consumer.
The text of these general terms and conditions shall be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, it will be made clear before the distance contract is concluded that the consumer can inspect the general terms and conditions at the company’s premises and that the general terms and conditions will be sent free of charge as soon as possible when requested by the consumer.
Contrary to the previous paragraph, if the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the distance contract is concluded such that the consumer can easily store these on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded about where he/she can view the general terms and conditions in electronic form and they will be sent free of charge electronically or otherwise when requested by the consumer.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis.In the event of a conflict between the provisions of these general terms and conditions, the consumer can always invoke the most favourable provision that applies.
If one or more provisions in these general terms and conditions are fully or partially invalid or become void at any time, the remainder of the agreement and these terms and conditions will remain in force. The provision in question will be replaced promptly by a provision that is as close in meaning as possible to the original provision by mutual agreement.
Situations that are not regulated by these terms and conditions must be assessed in the spirit of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions in these terms and conditions must be explained in the spirit of these terms and conditions.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is free from obligation. The company is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the company uses images, then these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the company.
All images and specifications provided in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The company cannot guarantee that the colours shown are an exact match of the actual colours of the products.
Each offer contains information that clearly informs the consumer about the rights and obligations attached to accepting the offer. In particular, the offer describes:
– the price, including taxes;
– any potential shipment costs;
– the manner in which the agreement will be concluded and the required actions;
– whether or not the right of withdrawal is applicable;
– the method of payment, delivery and implementation of the agreement;
– the period for accepting the offer, or the period within which the company guarantees the price;
– the rate for distance communication if the costs for using the distance communication technique are calculated on a basis other than the standard basic rate for the means of communication used;
– whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
– the way in which the consumer can check the information he/she provides for the agreement and restore the information if so required, before concluding the agreement;
– any other languages ​​in which the agreement can be concluded in addition to Dutch;
– the codes of conduct which apply to the company and how the consumer can consult these codes of conduct electronically;
– the minimum duration of the distance contract in the event of a continuing performance contract.

Article 5 – The agreement

The agreement is concluded when the consumer accepts the offer and meets the corresponding conditions, and is subject to the provisions of paragraph 4.
If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. The consumer can terminate the agreement provided that the company has not confirmed receipt of acceptance.
If the agreement is concluded electronically, the company will take the appropriate technical and organizational measures to safeguard the electronic transfer of data and will provide a secure online environment. If the consumer has the option to pay electronically, the company will put in place appropriate security measures.
The company may obtain information within the statutory parameters on whether the consumer is able to meet his/her payment obligations, as well as any facts and factors that are important for a sound conclusion of the distance contract. If the company has good reasons not to enter into the agreement on the basis of the information obtained, it is entitled to refuse an order or request, or attach special conditions to the fulfilment.
The company will send the following information to the consumer with the product or service. This may be in writing, or in any other way that the consumer is able to store in an accessible manner on a durable medium:
– the address of the company where the consumer can lodge a complaint;
– the conditions under which the consumer can exercise the right of withdrawal and the way it may do so, or a clear statement on the exclusion of the right of withdrawal;
– information about guarantees and the service available after purchase;
– the information included in Article 4(3) of these terms and conditions, unless the company already provided this information to the consumer prior to the performance of the agreement;
– the requirements for terminating the agreement if the agreement has a term of more than one year or is for an indefinite period.
The provision in the previous paragraph applies only to the first delivery in the event of a continuing performance contract.
All agreements are concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

For the delivery of products:

When the consumer purchases a product, he/she has the option to terminate the contract within 14 days and is not required to provide reasons. This cooling-off period starts on the day following the day of receipt of the product by the consumer or by a representative who was designated in advance by the consumer and notified to the company.
During the cooling-off period, the consumer will handle the product and the packaging with care. The consumer will only unpack or use the product as far as is necessary in order to assess whether he/she wishes to keep the product. If the consumer exercises the right of withdrawal, he/she will return the product to the company in its original condition, where reasonably possible, together with all supplied accessories and packaging, in accordance with the reasonable and clear instructions provided by the company.
If the consumer wishes to exercise the right of withdrawal, he/she is obliged to notify the company within 14 days of receiving the product. The consumer must use the standard form to notify the company. After the consumer has notified the company that he/she wishes to use the right of withdrawal, he/she must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example with a proof of shipment.
If the consumer has not indicated that he/she wishes to exercise the right of withdrawal or has not returned the product to the company respectively once the periods stated in paragraphs 2 and 3 have expired, the purchase is binding.

For the delivery of services:
When services are delivered, the consumer has the option to terminate the contract within 14 days of entering into the contract and is not required to provide reasons.

In order to exercise the right of withdrawal, the consumer must observe the reasonable and clear instructions that the company provided with the offer, and/or no later than the time of delivery.

Article 7 – Costs when exercising the right of withdrawal

If the consumer exercises the right of withdrawal, he/she will pay no more than the costs of the return shipment.
If the consumer has paid any sum, the company will refund this sum as soon as possible, and within 14 days of the withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be submitted. The sum will be reimbursed via the same method of payment used by the consumer, unless the consumer gives his/her explicit permission for another method of payment.
If the product has been damaged due to improper handling by the consumer, he/she will be liable for any depreciation of the product.
The consumer cannot be held liable for a reduction in the value of the product if the company has not provided all legally required information about the right of withdrawal. The company must provide this information before concluding the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

The company may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The right of withdrawal may only be excluded if the company has clearly stated this in the offer, and at least at the time of conclusion of the agreement.
The right of withdrawal may only be excluded for:
– products created by the company in accordance with the consumer’s specifications;
– products that are clearly personal in nature;
– products that cannot be returned due to their nature;
– products that can spoil or age quickly;
– products whose price depends on fluctuations in the financial market over which the company has no influence;
– individual newspapers and magazines;
– audio and video recordings and computer software where the consumer has broken the seal;
– hygienic products where the consumer has broken the seal.

The right of withdrawal may only be excluded for services:
– concerning accommodation, transport, the restaurant business or leisure activities to be performed on a certain date or during a certain period;
– where delivery started before the expiry of the cooling-off period with the express consent of the consumer;
– concerning betting and lotteries.

Article 9 – The price

The prices of the products and/or services offered will not increase during the validity period stated in the offer except where prices change due to changes in VAT rates.
Contrary to the previous paragraph, the company may offer products or services with variable prices that are subject to fluctuations in the financial market over which the company has no influence. The offer will state the link to market fluctuations and the fact that any stated prices are guide prices.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months of the conclusion of the agreement are only permitted if these have been stipulated by the company and result from statutory regulations or provisions or the consumer has the authority to cancel the agreement with effect from the day on which the price increase enters effect.
The prices of products or services stated in the offer include VAT.
All prices are subject to printing and typesetting errors. The company does not accept liability for the consequences of printing and typesetting errors. The company is not under the obligation to deliver the product at an incorrect price in the event of a printing or typesetting error.

Article 10 – Conformity and warranty

The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or existing provisions on the date of the conclusion of the agreement and/or government regulations. If agreed, the company also guarantees that the product is suitable for uses other than the normal use.
A guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the company under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the company within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The company’s warranty period corresponds to the manufacturer’s warranty period. However, the company shall never be 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.
The warranty does not apply if:
– the consumer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;
– the delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or have been treated contrary to the company’s instructions and/or the instructions on the packaging;
– the defect is wholly or partly the result of regulations that the government has enacted or will enact regarding the nature or quality of the materials used.

Article 11 – Delivery and fulfilment

The company will take the greatest possible care when receiving and fulfilling product orders and when assessing applications for the provision of services.
The place of delivery is the address that the consumer provided to the company.
With due observance of the respective provisions in paragraph 4 of this article, the company will promptly fulfil accepted orders and in at least 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days of having placed the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any periods mentioned. The consumer is not entitled to compensation if a delivery period is exceeded.
If the agreement is terminated in accordance with paragraph 3 of this article, the company will refund the sum paid by the consumer as soon as possible, and no later than within 14 days of termination of the agreement.
If it proves impossible to deliver an ordered product, the company will endeavour to make a replacement item available. The consumer will be informed in a clear and comprehensible manner that a replacement item will be delivered at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be met by the company.
The risk of damage and/or loss of products shall remain with the company until the moment of delivery to the consumer or a representative previously designated by the customer and notified to the company, unless expressly agreed otherwise.

Article 12 – Continuing performance transactions: duration, termination and extension

Termination

The consumer may at all times terminate an agreement that has been entered into for an indefinite period covering the regular delivery of products (including electricity) or services. This is subject to due observance of the agreed termination rules and a notice period of a maximum of one month.
The consumer may at all times terminate an agreement that has been entered into for a definite period covering the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of at least one month at most.
For the agreements described in the aforementioned paragraphs, the consumer may:
– terminate the agreement at any time and is not limited to terminating the agreement at a specific time or in a specific period;
– terminate the agreement in at least the same way that he/she entered the agreement;
– always terminate the agreement with the same notice period as that stipulated for the company.

Extension

An agreement that has been entered into for a definite period of time and that covers the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration.
Contrary to the previous paragraph, an agreement entered into for a definite period of time and that covers the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months. If the consumer has extended this agreement, he/she may terminate it at the end of the extension period with a maximum notice period of one month.
An agreement that has been entered into for a fixed period and that covers the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is able to terminate it at any time with a notice period of at most one month and with a notice period of at most three months if the agreement covers the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An introductory agreement with a limited duration for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be not tacitly extended and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 – Payment

Unless agreed otherwise, the sums owed by the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 6(1). If the agreement concerns the provision of a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer is under the obligation to immediately notify the company of any inaccuracies in the payment data it has provided or specified.
In the event of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge the consumer in advance for any reasonable costs it incurs.

Article 14 – Complaints

The company has a well-publicized complaints procedure and deals with all complaints under this procedure.
Complaints about the performance of the agreement must be fully and clearly described and must be submitted to the company within 7 days of discovery of the defect by the consumer.
The company will answer any complaints submitted within a period of 14 days from the date of receipt. If it is anticipated that a complaint will require a longer processing time, the company will confirm receipt within a period of 14 days and indicate to the consumer when it will provide a more detailed answer.
If the complaint cannot be resolved through mutual consultation, it will become a dispute that is subject to the dispute settlement procedure.
In the event of a complaint, a consumer should first contact the company. If the online store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which offers free mediation. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If the consumer is still unable to reach a solution, he/she may have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. Decisions of the committee are binding and both the company and consumer agree to be bound by its decisions. There are costs associated with submitting a dispute to this disputes committee which the consumer must pay to the committee. Complaints may also be reported through the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the company, unless the company indicates otherwise in writing.
If the company finds a complaint to be justified, it may choose to have the delivered products replaced or repaired for free by a company it chooses.

Article 15 – Disputes

Any agreements between the company and the consumer which are subject to these general terms and conditions are governed exclusively by Dutch law. This also applies if the consumer lives abroad. The Vienna Sales Convention is not applicable.

Article 16 – Additional or varying provisions

Any additional provisions or provisions that vary 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 the consumer is able to store them on a durable medium in an accessible manner.