Article 1 – Identity of the entrepreneur
Article 2 – Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
1. Entrepreneur: the natural or legal person offers products and/or services to
consumers from a distance;
2. 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;
3. Technology for distance communication: means that can be used to conclude an agreement, without the
consumer
and entrepreneur being physically near each other, such as (but not limited to) by fax, telephone and
the
Internet;
4. Distance contract: an agreement where, within the framework of a system organized by the seller or
service
provider (entrepreneur) for the distance sale or provision of products and/or services, up to and
including
the
conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
5. Right of withdrawal: the possibility for the consumer to waive the distance contract within the
withdrawal
period;
6. Reflection period: the period during which the consumer can exercise his right of withdrawal;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a number of products and/or services, the
delivery
and/or purchase obligation of which is spread over a longer period;
9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to
him/her
personally in a way that allows future consultation and unaltered reproduction of the stored
information.
Article 3 – Applicability
1. These general conditions apply to any distance contract concluded between entrepreneur and consumer
and
to
any offer made by the entrepreneur.2. Before the distance contract is concluded, the entrepreneur shall
make
the
text of these general terms and conditions available to the consumer. Where it is not possible to make
the
general terms and conditions available in advance, the entrepreneur will indicate, before the distance
contract
is concluded, that the consumer can inspect the general terms and conditions and that, at the consumer’s
request, they will be sent free of charge as soon as possible. The text of these general terms and
conditions
may also be made available to the consumer electronically in such a way that it can be easily stored by
the
consumer on a durable data carrier. Where this is not possible, before the distance contract is
concluded,
it
will be indicated where the general terms and conditions can be inspected electronically and that they
will
be
sent electronically or otherwise free of charge at the consumer’s request.3. If, in addition to these
general
conditions, certain product or service conditions also apply, the second paragraph shall apply mutatis
mutandis
and the consumer may, in the event of conflicting (general) conditions, always rely on the applicable
provision
that is most favorable to him/her.
Article 4 – The Agreement
1. The agreement is established at the moment of acceptance by the consumer of the offer and
the
fulfillment of the conditions set forth therein, subject to the provisions of paragraph 6 of this
article.2.
The
entrepreneur immediately confirms electronically the receipt of the acceptance of the offer if the
consumer
has
accepted the offer electronically. Until receipt of this acceptance is not confirmed by the
entrepreneur,
the
consumer may dissolve the agreement.3. The entrepreneur shall take appropriate technical and
organizational
measures to secure the electronic transmission of data in case the consumer has accepted the offer
electronically. The entrepreneur will observe appropriate security measures if the consumer can pay
electronically. In this regard, the entrepreneur will provide a secure web environment. (getshape-up.com
uses
an
SSL certificate)
4. To the consumer, the entrepreneur will send along with the product or service the following
information,
in
writing or in such a way that it can be stored by the consumer in an accessible way on a durable data
carrier:
a. The visiting address of the establishment of the entrepreneur where the consumer can go with
complaints;
b. the conditions for terminating the contract if the contract has a duration of more than one year or
is of
indefinite duration.
c. the data included in article 5 paragraph 3, unless the entrepreneur has already provided this data to
the
consumer before the execution of the agreement;
d. the information on warranties and after-sales service;
e. the conditions under which and the manner in which the consumer can use the right of withdrawal or a
clear
notification regarding the exclusion of the right of withdrawal;
5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has undertaken to
deliver
a series of products or services;
6. The entrepreneur can (of course within the limits of the law) inform himself whether the consumer can
meet
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 entrepreneur has good reason not
to
enter
into the agreement, he is entitled to refuse an order or application or to attach special conditions to
the
implementation.
Article 5 – The offer
1. The entrepreneur will expressly state if an offer has a limited period of validity or is
made
subject to conditions.
2. The offer contains a complete, accurate and detailed description of the products and/or services
offered
so
that the consumer can properly evaluate the product/service. If images are used in the offer, they must
be
truthful images of the products and/or services offered. Obvious mistakes or errors in the offer, where
it
can
be immediately obvious to a consumer that there is a mistake or error, do not bind the entrepreneur.
3. When making an offer, the entrepreneur shall clearly state what the rights and obligations of a
consumer
are
if the offer is accepted. Of note are the:
– price including taxes;
– cost of delivery if applicable;
– how the agreement will be established and how the consumer can have it established;
– method of delivery, payment or performance of the agreement;
– the manner in which the consumer can become aware of acts not wanted by him before the conclusion of
the
contract, as well as the manner in which he can remedy them before the conclusion of the contract;
– any languages in which, in addition to Dutch, the agreement may be concluded;
– the codes of conduct to which the trader has submitted and the manner in which the consumer can
consult
these
codes of conduct electronically; and
– the minimum duration of the distance contract in the case of a contract for continuous or periodic
delivery of
products or services.
– Whether or not the right of withdrawal applies;
– if the agreement is archived after its conclusion, in what manner it can be consulted by the consumer;
– the amount of the rate for distance communication if the cost of using the technique for distance
communication is calculated on a basis other than the basic rate;
– period for acceptance of the offer, or the period for keeping the price;
– The entrepreneur is not liable for damages from improper use of its products;
Article 6 – The price
1. All prices of products or services offered are prices including VAT. There can be no hidden
additional
costs
such as taxes (VAT), packaging or shipping costs in the offer. If these costs apply, they should be
clearly
stated with the offer.
2. The prices of the products and/or services offered will not be increased during the validity period
stated in
the offer, except for price changes due to changes in VAT rates.
3. In the case of products or services whose prices are subject to fluctuations in the financial market
that
are
beyond the Entrepreneur’s control, the Entrepreneur may, contrary to the previous paragraph, offer the
product/service with variable prices, provided that the Entrepreneur clearly states in the offer that
these
fluctuations may occur and that the prices are target prices.
4. Price increases within three months of the conclusion of the agreement are not allowed unless they
are
the
result of legal regulations or provisions.
5. Price increases from three months after the conclusion of the contract are not allowed unless the
entrepreneur has stipulated it as a result of legal regulations or provisions or the consumer has the
option
to
terminate the contract at the time of a price increase.
Article 7 – Payment
1. The amounts owed by the consumer should, unless otherwise agreed, be paid within fourteen days after
delivery
of the good or in the case of an agreement to provide a service, within 14 days after issuance of
documents
relating to that service.
2. If there is non or non-payment by the consumer, the business owner may, unless restricted by law,
charge
reasonably incurred costs to the consumer provided the consumer is notified in advance.
3. Any inaccuracies in the payment details provided or mentioned should be immediately communicated by
the
consumer to the entrepreneur.
4. General terms and conditions may never stipulate an advance payment of more than 50% when selling
products to
consumers. Prepayment of more than 50% may be agreed upon. Where advance payment has been stipulated,
the
consumer may not assert any rights regarding the execution of the order or service in question before
the
agreed
advance payment has been made.
Article 8 – Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the possibility of dissolving the contract
without
giving
reasons for at least fourteen days from the day of receipt of the product by or on behalf of the
consumer.
2. If the consumer wishes to exercise the right of withdrawal, he should only unpack or use the product
to
the
extent necessary to assess whether the consumer wishes to keep the product. During this period, the
consumer
will handle the product and packaging with care. The consumer will return the product unopened with all
delivered accessories and in the original condition and packaging to the entrepreneur, according to the
reasonable and clear instructions indicated by the entrepreneur.
3. The seal of the bottle must not be broken
Article 9 – Right of Withdrawal in the Supply of Services
1. When services are supplied, the consumer has the possibility of dissolving the contract
without
giving reasons for at least fourteen days starting from the day of entering into the contract.
2. The consumer will comply with the reasonable and clear instructions provided by the entrepreneur at
the
time
of the offer and/or at the latest at the time of delivery in order to use his right of withdrawal.
Article 10 – Costs in case of withdrawal
1. If the consumer exercises the right of withdrawal, at most the cost of return shipment shall be borne
by
the
consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but
no
later than 30 days after the return or withdrawal.
Article 11 – Exclusion of the right of withdrawal.
1. The right of withdrawal can only be excluded by the entrepreneur if the entrepreneur has clearly
stated
this
in the offer and in good time before the conclusion of the contract.
2. The exclusion of the right of withdrawal is only possible for products:
(a) that may spoil or age quickly;
(b) which by their nature cannot be returned;
c) for audio and video recordings and computer software for which the consumer has broken the seal.
(d) for single newspapers and magazines;
(e) that have been created by the entrepreneur in accordance with consumer specifications;
f) whose price is subject to fluctuations in the financial market over which the entrepreneur has no
influence;
(g) that are clearly personal in nature;
3. Exclusion of the right of withdrawal for services is possible:
(c) in betting and lotteries.
b) in the case of services whose delivery has begun with the consumer’s express consent before the
cooling-off
period has expired;
(c) concerning transportation, carriage, restaurant business, lodging or leisure activities to be
performed
on a
specified date or during a specified period;
Article 12 – Duration transactions
1. In the case of a contract entered into for an indefinite period of time, the consumer may always
terminate in
compliance with termination rules agreed upon for that purpose and a notice period not exceeding one
month.
2. The maximum term in a fixed-term contract is two years. If it has been agreed that in the event of
the
consumer’s silence, the distance contract will be renewed, the contract will continue as an open-ended
contract
and the notice period after continuation of the contract will not exceed one month.
Article 13 – Delivery and execution
1. When receiving and executing orders for products, as well as when assessing requests for the
provision of
services, the entrepreneur will take the greatest possible care.
2. The entrepreneur recognizes electronic communication and will not deny its validity or legal effect
due
to
the mere fact that the communication is electronic.
3. If delivery of an ordered product proves to be permanently impossible, the entrepreneur will make
every
effort to provide a replacement comparable article. At the latest upon delivery, clear and
understandable
notice
will be given that a replacement item is being delivered. With replacement items, the right of
withdrawal
cannot
be excluded and the consumer is free to dissolve the contract, with the costs of any return shipment
being
borne
by the entrepreneur.
4. Unless expressly agreed otherwise, the risk of loss and/or damage to products rests with the
entrepreneur
until the moment of delivery to the consumer.
5. The address that the consumer has communicated to the entrepreneur is considered the place of
delivery.
6. The entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless a
longer
delivery period has been agreed, taking into account the provisions of Article 5. If there is a delay in
delivery, or if an order cannot be fulfilled in whole or in part, the consumer will be notified no later
than
one month after placing the order. In such a case, a consumer has the right to rescind the contract
without
cost
and a right to possible damages.
7. In case of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by
the
consumer as soon as possible, but no later than 30 days after dissolution.
Article 14 – Warranty
An arrangement offered as a guarantee by the operator, manufacturer or importer cannot limit or set
aside
the
rights and claims that the consumer has against the operator in respect of a failure to comply with the
operator’s obligations under the law and/or the distance contract.
Article 15 -Conformity
The entrepreneur guarantees that the products and/or services comply with the agreement, the
specifications
stated in the offer, the reasonable requirements of usability and / or soundness and the existing legal
provisions and / or government regulations on the date of the conclusion of the agreement.
Article 16 – Complaints procedure
1.The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in
accordance
with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a
reasonable
time after the consumer has found the defects, fully and clearly described.
3. The entrepreneur will handle and answer submitted complaints as soon as possible, but in any case
within
a
period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing
time,
the
operator will respond within the 14-day period with a notice of receipt and an indication of when the
consumer
can expect a more detailed response.
4. A complaint about a product, service or the entrepreneur’s service can be made at [email protected]
Article 17 – Additional or different provisions
Additional or different provisions from these general 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 data carrier.
Article 18 – Applicable law
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate
are
exclusively governed by Dutch law.
If Seller is located in a European Union (EU) country, Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. It includes the following rights and guarantees:
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