General Terms and Conditions
Article 1: Identity of Parties
In these conditions, hereafter referred to as 'General Conditions', the following definitions shall apply:
Seller: Interactive Vitality Nederland B.V.
Address: Vinkenkadee 77-R 1, 3645 BX, Vinkeveen
E-mail address: support@just2bfit-byv.com
Telephone number: TBD
Buyer: The other party to an agreement as referred to in Article 3 of these Terms and Conditions;
Article 2: Applicability and validity of General Terms and Conditions
2.1 These General Terms and Conditions apply to every offer made by Seller, every order placed by Buyer and every agreement concluded between Seller and Buyer.
2.2 Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to Buyer in such a way that it can be easily stored by Buyer on a durable data carrier.
2.3 Buyer is obliged to accept the General Conditions before the conclusion of the agreement, failing which no agreement will be concluded.
Article 3: Offers, orders and agreements Offers
3.1 All offers made by Seller are without obligation and may be revoked.
3.2 The term of all offers is: while stocks last or the term mentioned on the website. Once the term of an offer is exceeded, the offer expires by operation of law and Buyer can no longer make use of the offer.
3.3 The website contains as complete and accurate a description as possible of the products offered. If and insofar as Seller makes use of illustrations, these will be true representations of the products concerned as far as possible. Ambiguities or obvious mistakes and/or errors in the descriptions and/or illustrations shall not bind Seller and as such cannot be enforced.
Orders
3.4 Seller may inform itself - within legal frameworks - whether Buyer can meet its payment obligations, as well as of all those facts and factors that are important for the responsible conclusion of the agreement.
3.5 Seller will in any case not accept orders if Seller cannot establish Buyer's residential address.
3.6 If Seller does not accept an order or if Seller wishes to attach special conditions to the agreement, Seller will notify Buyer at the latest within 14 working days of receiving the order. Seller shall not be liable for any compensation in this case.
Agreement
3.7 Subject to the provisions of Article 3.5, the agreement is concluded at the moment that Buyer places an order with Seller on the basis of Seller's offer and Buyer complies with the conditions thereby stipulated.
3.8 Seller will confirm receipt of the order electronically. Until receipt of the order is confirmed, Buyer may dissolve the agreement.
Article 4: Prices, shipping costs and payment
4.1 The prices stated in the online webshop for the goods offered are in Euros and include VAT, unless otherwise stated or agreed in writing.
4.2 Buyer can pay for the products ordered by means of iDeal and credit card.
4.3 Seller is entitled to change governmental levies in the online listed prices. Seller is not bound by the prices listed online if they contain an obvious mistake or error. In the event of a price adjustment on the aforementioned grounds, Buyer is entitled to dissolve the agreement free of charge.
4.4 If Buyer is in default of payment for one or more order(s) already delivered to Buyer, Seller has the right to refuse new orders or to attach conditions to the order.
4.5 Seller is entitled to charge Buyer the actual payment costs.
4.6 If Buyer does not (fully and/or timely) fulfill its payment obligation(s), it will owe statutory interest on the outstanding amount after having been given written notice of default and having been granted a period of 14 days to fulfill its payment obligations. The seller shall then also be entitled to charge the extrajudicial collection costs it has incurred.
Article 5: Delivery and risk
5.1 Seller will take the greatest care when receiving orders and shipping the ordered items.
5.2 Seller ships accepted orders as soon as possible in order of receipt.
5.3 Delivery is generally made within 3 working days after the order is received.
5.4 In the event that the delivery is delayed, or if an accepted order cannot or can only partially be delivered, Buyer will be notified within 14 days of placing the order at the latest. In that case, Buyer has the right to dissolve the agreement without cost. In the event of dissolution, if Buyer has already paid for the products ordered, Seller will refund the amount received as soon as possible, but no later than 2 weeks after dissolution.
5.5 The risk of damage and/or loss of products rests with Seller until the time of delivery to Buyer, unless expressly agreed otherwise.
5.6 Delivery of the purchased products will be made to the address as provided by Buyer at the time of ordering. If Buyer is not at home at the time of delivery, Buyer can collect the product from neighbors or a DHL pick-up point in the area.
5.7 The Buyer is obliged to take delivery of the goods at the agreed location(s) at the time the Seller delivers them to him/her or has them delivered, or at the time they are made available to him/her in accordance with the agreement. If the Buyer fails to do so, he/she will be liable for the resulting costs, including the related shipping costs.
Article 6: Force majeure
6.1 Without prejudice to its other rights, Seller has the right, in case of force majeure, at its own discretion, to suspend the execution of the order, or to dissolve the agreement in writing without judicial intervention, without Seller being obliged to pay any damages unless this would be unacceptable according to standards of reasonableness and fairness in the given circumstances. Force majeure shall include, inter alia, strikes, staff illness, transport disruptions and import/export bans, regardless of whether this occurs at Seller or Seller's suppliers.
Article 7: Right of withdrawal on delivery of products
7.1 Buyer has the right to dissolve the agreement without giving reasons for 14 calendar days from the day of receipt of the product. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with Buyer.
7.2 During the (in article 7.1) so-called reflection period, Buyer will handle the product with care. Only unopened packaging can be returned.
7.3 If Buyer wishes to exercise his/her right of withdrawal, Buyer must announce the return by e-mail and return the product within the period mentioned in article 7.1. Revoked items should be shipped with care to the following address:
A.V. Just2BFit
Jac. P. Thijsseweg 1.2D
2408ER Alpen aan den Rijn
The Netherlands
7.4 The returned products must be unopened and the original labels and/or tags must not have been opened/removed. The Seller reserves the right to still charge the purchase price of the product if the returned products are not in order.
Article 8: Costs of withdrawal
8.1 If the Buyer exercises its right of withdrawal, the costs of return shipment will be borne by the Buyer.
Article 9: Complaints
9.1 All shipments are insured by Seller. If Buyer notices damage to the packaging before opening the package containing ordered products, Buyer must contact Seller immediately. If Buyer has already opened the package at the time Buyer notices the damage, Buyer must indicate this during the contact to be made.
9.2 Buyer has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, Buyer must inform Seller as soon as possible and in any case within 14 calendar days after delivery of the product to Buyer, at least after observation was reasonably possible, in writing, stating reasons.
9.3 If it has been demonstrated that the products do not comply with the agreement, Seller has the choice of replacing the products in question with new products upon their return or refunding the invoice value thereof.
Article 10: Warranty and liability
10.1 Seller guarantees that the products comply with the agreement and are suitable for the intended use, as well as that the products comply with existing statutory provisions and/or government regulations on the date the agreement was concluded.
10.2 Statements concerning the quality, composition, application possibilities, properties and treatment of delivered goods made by or on behalf of Seller are only valid as a guarantee if they have been explicitly confirmed by Seller in writing in the form of a guarantee.
10.3 The Vendor's liability to the Buyer with regard to any failure to perform on time and/or properly is excluded.
Article 11: Adjustment agreements
11.1 Changes and additions to concluded agreements are only effective if they have been signed and agreed in writing between the seller and the buyer. Article 12: Disputes and applicable law 12.1 All disputes relating to an agreement for the performance of an agreement between the buyer and the seller, which cannot be resolved by mutual agreement between the parties, can be submitted to the competent court in the jurisdiction in which the buyer resides. 12.2 The agreements and confirmed disputes between buyer and seller are governed by Dutch law.