Algemene voorwaarden

Article 1 - Definitions

In these terms and conditions, the following definitions are used:

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to him in a way that future consultation and unaltered reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur 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 for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

VitaliFit is a company focused on helping its customers improve their overall health and fitness by giving access to a variety of self help products. VitaliFit's main business address is: Oder 20, 2491DC The Hague, Netherlands

 

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible at his request.

Notwithstanding 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 in such a way that the consumer can easily store it on a durable medium before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, 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 specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Should one or more provisions of these general terms and conditions be wholly or partially invalid or void at any time, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates as closely as possible to the meaning and purpose of the original provision.

Situations not provided for in these General Terms and Conditions shall be assessed in the spirit of these General Terms and Conditions.

Any ambiguity about the interpretation or content of one or more provisions of our General 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 must be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and information in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price, excluding customs clearance costs and import turnover tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to import. This regulation applies when the goods are imported into the country of destination in the EU, which is the case here. The postal and/or courier service collects the value added tax (together with the customs clearance fees, if applicable) from the recipient of the goods;

any shipping fees;

• the way in which the contract is concluded and what actions are required for it;
  
• whether or not the right of withdrawal applies;
  
• the method of payment, delivery and performance of the contract;
  
• the period for accepting the offer or the period within which the trader guarantees the price;
  
• the level of the distance communication tariff, if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the means of communication used;
  
• whether the agreement will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
  
• the way in which the consumer, prior to concluding the contract, can check the information provided by him under the contract and, if desired, correct it;
  
• any languages other than Dutch in which the contract may be concluded;
  
• the codes of conduct to which the trader 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 event of an extended duration transaction.
• Optional: available sizes, colours, type of materials.
• 
  
• 
  

Article 5 - The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may, within statutory frameworks, gather information about the consumer's ability to fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has sound reasons not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to the implementation, stating reasons.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

1. the contact address of the entrepreneur's place of business where the consumer can go with complaints;
   
2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   
3. the information about guarantees and existing after-sales service;
4. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the realisation of the agreement
   
5. the requirements for terminating the contract if the contract has a duration of more than one year or is concluded for an indefinite period.
   
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
   
7. Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
   

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option of cancelling the contract without giving reasons for a period of 30 days. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the entrepreneur receives the product.

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 30 days of receipt of the product. The consumer should notify this in the form of a written message/e-mail. After the consumer has stated that he wishes to exercise his right of withdrawal, he must return the goods within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

If the customer has not expressed his wish to make use of his right of withdrawal or if he has not returned the product to the entrepreneur after the expiry of the deadlines mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods shall be at his expense.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 14 days of withdrawal. The prerequisite for this is that the goods have already been returned to the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or at least in good time prior to the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

1. that have been manufactured by the entrepreneur according to the consumer's specifications;

2. which are clearly of a personal nature

3. which by reason of their nature cannot be returned

4. which are liable to deteriorate or expire rapidly

5. whose price is subject to fluctuations in the financial market which cannot be controlled by the entrepreneur;

6. for individual newspapers and magazines

7. for audio and video recordings and computer software, the seal of which has been broken by the consumer

Article 9 – Price

During the validity period given in the offer, the prices of the products and/or services being offered cannot 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 over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that the prices mentioned are indicative will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or stipulations.

Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has stipulated them and:

1. they are based on statutory regulations or provisions; or

2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

The place of delivery within the meaning of Article 5, paragraph 1 of the 1968 Turnover Tax Act is in the country where the transport begins. In the present case, this delivery takes place outside the EU. The postal or courier service then collects the import VAT or clearance fees from the customer. Consequently, no VAT is charged by the entrepreneur.

The place of delivery within the meaning of Article 5, paragraph 1 of the 1968 Turnover Tax Act is in the country where the transport begins. In the present case, this delivery takes place outside the EU. The postal or courier service then collects the import VAT or clearance fees from the customer. Consequently, no VAT is charged by the entrepreneur.

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

Article 10 – Conformity and guarantee

The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

The entrepreneur's warranty period corresponds to the factory warranty 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.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

the defectiveness is wholly or partly the result of regulations that the state has made or will make with regard to the nature or quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products.

The place of delivery is the address that the consumer has provided to the company.

With due observance of the provisions in Article 4 of these General Terms and Conditions, the company will implement the accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract at no cost and has a right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are at the expense of 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 pre-designated representative made known to the entrepreneur, unless otherwise expressly agreed.

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

Termination: The consumer may at all times terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may at all times terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at the end of the term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the contracts mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;

at least terminate them in the same way as they were concluded;

always terminate with the same notice period that the entrepreneur has stipulated for himself.

Renewal: A fixed-term contract that has been concluded for the regular delivery of goods (including electricity) or the provision of services cannot be tacitly renewed or renewed for a fixed period.

Notwithstanding the previous paragraph, a contract with a fixed term that was concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract with a fixed term, which was concluded for the regular delivery of goods 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, provided that the notice period may not exceed three months if the subject of the contract is the regular, but less than once-a-month, delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

A contract with a fixed term, which was concluded for the regular delivery of goods 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, provided that the notice period may not exceed three months if the subject of the contract is the regular, but less than once-a-month, delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration: For contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before the end of the agreed term is not permitted for reasons of reasonableness and fairness.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days following the commencement of the reflection period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in the payment data provided or mentioned to the entrepreneur without delay.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

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 processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Consumer: a natural person whose action is not carried out in the course of a profession or business and who enters into a distance contract with the trader;

Day: calendar day;

Duration transaction: a distance contract relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to him in a way that facilitates future consultation and unaltered reproduction of the stored information.

Article 14 - Disputes and Court District

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, with the District Court in Arnhem, Gelderland being the designated court. Even if the consumer resides abroad.