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IDENTITY OF THE ENTREPRENEUR
Name of entrepreneur: Zen Fit Supplements B.V.
Trading under the name: Fitlyzen.
Phone number: +31 26 372 0853
Email address: firstname.lastname@example.org
View our contact page for more contact information.
Chamber of Commerce number: 85366854
Dutch VAT number: NL863600190B01
Article 1. GENERAL
1.1. These terms and conditions apply to all offers and agreements for the purchase/sale of goods and/or assignments and services of Zen Fit Supplements B.V. (hereinafter: Fitlyzen).
1.2. Additions or deviations from these terms and conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations arising from agreements between Fitlyzen and the other party cannot be transferred by the other party to third parties, unless with the written permission of Fitlyzen.
1.4. Other general terms and conditions, including those of the other party, are not accepted by Fitlyzen, unless otherwise agreed in writing and confirmed by Fitlyzen.
Article 2. OFFERS
2.1. All offers are without obligation and are valid while stocks last. An offer containing a term can nevertheless be revoked by Fitlyzen, even after receipt of the order, provided that within 5 working days after receipt of that order.
2.2. The quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for informational purposes only. Although the most important characteristics of products are displayed as accurately as possible, they have the character of an approximate indication and do not bind Fitlyzen.
Article 3. AGREEMENTS
3.1. An agreement is only deemed to have been legally concluded after Fitlyzen has confirmed the order in writing. The content of the agreement is determined by the quotation and/or order confirmation of Fitlyzen and these general terms and conditions.
3.2. If - after the order has been issued - an additional order is submitted, the originally agreed delivery time will lapse.
3.3. The other party and Fitlyzen expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions set out in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not affect the binding force of the offer and its acceptance.
3.4. There is no order minimum. For all orders above € 35, - no shipping costs will be charged in NL and BE. No shipping costs will be charged for orders above €50 in all EU countries, and no shipping costs will be charged for orders above €85 for non EU countries.. Below the order amounts stated, Fitlyzen charges a contribution in the shipping costs. The amount of this contribution varies per country and is subject to changes whenever Fitlyzen deems changes are necessary to be able to provide its services.
3.5 Goodies (any free products that Fitlyzen can send with the order) cannot be exchanged or exchanged for money or shop credit.
Article 4. PRICES
4.1. All quotations and prices of Fitlyzen are shown in euros and include VAT and other costs that fall under the agreement, such as levies.
4.2. Delivery costs are not included in the price, unless stated otherwise.
4.3. If, after the agreement has been concluded, the prices of materials, taxes and/or other factors that also determine the price of the goods undergo a change, Fitlyzen is entitled to implement these price changes. Price changes of more than 10% give the other party the right to dissolve the relevant agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as aforesaid does not entitle the other party to compensation for any damage.
Article 5. PAYMENT
5.1. Orders via the website can be paid using the payment options listed on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payment by means of invoices is only possible if expressly agreed and then takes place within 14 days of the invoice date.
5.2. The other party is in default after expiry of the payment term referred to in paragraph 1 of this article, without a notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.
5.3. Without prejudice to its further rights, Fitlyzen is then authorized to calculate the statutory (commercial) interest on the outstanding amount, to be calculated from the relevant due date.
5.4. All extrajudicial and judicial costs incurred by Fitlyzen in the context of a dispute with the other party, both claimant and defendant, are for the account of the other party.
5.5. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.
Article 6. COOLING OFF PERIOD AND WITHDRAWAL
6.1. In this article, the following terms mean the following:
Consumer: Other party who is a natural person who acts for purposes that fall outside his business or professional activity.
Cooling off period: the period within which the Consumer may invoke the right of withdrawal.
Right of withdrawal: the right to dissolve the distance contract within the Cooling Off Period in accordance with this article 6.
Distance Agreement: the agreement between Fitlyzen and the Consumer that is concluded within the framework of an organized system for distance sales or services without the simultaneous personal presence of Fitlyzen and the Consumer and whereby, up to and including the conclusion of the the agreement, only one or more means of distance communication is used.
6.2. The Consumer can revoke a Distance Agreement concluded without stating reasons until a period of 14 days (the Cooling Off Period) has expired. Non-consumers are excluded from this right. The burden of proof for the correct and timely exercise of this right rests on the Consumer.
6.3. The Cooling Off Period referred to in Article 6.1 commences:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the item; or:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last item, if the Consumer has ordered several items in the same order that are delivered separately; or:
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last consignment or the last part if the delivery of an item consists of several consignments or parts; or
- the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the first item for an agreement that extends to the regular delivery of items.
regular delivery of goods during a certain period.
Invoking the right of withdrawal
6.4. The Consumer can invoke the Right of Withdrawal by submitting the model withdrawal form (appendix 1 to these terms and conditions) to Fitlyzen before the end of the Cooling Off Period or in another unambiguous way, for example via email@example.com. Fitlyzen can ask for the reason for withdrawal, but it is not obliged to answer this. In the event of withdrawal, the Consumer must state the relevant order number and the relevant products. The Consumer can also invoke the right of withdrawal before the product has been received.
6.5 Fitlyzen will send a confirmation of receipt after receiving this notification.
6.6 The Consumer is obliged to handle the product with care during the Cooling Off Period. The Consumer may view and fit the product, but not use it. It must be returned undamaged, sealed, complete and if reasonably possible in the original packaging.
6.7. The Consumer is only liable for depreciation of the product that is the result of treatment of the product that went beyond what is necessary to determine its nature, characteristics and functioning.
6.8 Unless Fitlyzen has offered to collect the goods delivered on the basis of the dissolved agreement, the Consumer will immediately return or hand them over to Fitlyzen or to a person authorized by Fitlyzen to receive the goods.
6.9 The Consumer bears the direct costs of returning the item, unless Fitlyzen offers to pay for the returning costs.
6.10 If a complete order is returned, any goodies supplied must also be returned. If these are not returned, they will be charged.
Refund with Right of Withdrawal
6.11 After dissolution of the agreement in accordance with article 6.2, Fitlyzen will reimburse all payments received from the Consumer under the dissolved agreement, including delivery costs, without delay, but at the latest within 14 (fourteen) days after the day of receipt of the declaration of dissolution. Fitlyzen uses the same payment method as used by the Consumer, unless the Consumer has expressly agreed to another payment method and on the understanding that the Consumer may not incur any costs as a result. Without prejudice to the foregoing, Fitlyzen is not obliged to reimburse the additional costs. if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by Fitlyzen. Unless Fitlyzen has offered to collect the goods delivered on the basis of the dissolved agreement, Fitlyzen may postpone reimbursement until the goods have been received.
6.12. If the total value of the order after the return falls below the amounts described in article 3.4, Fitlyzen is authorized to charge the shipping costs to the consumer.
Excluded from Right of Withdrawal
6.14 A right of withdrawal does not apply to:
o 1°. the fulfillment has started with the express prior consent of the Consumer; and
o 2°. the Consumer has declared to waive his right of dissolution as soon as Fitlyzen has fulfilled the agreement;
o 1°. the delivery of items manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
o 2°. the delivery of items that spoil quickly or that have a limited shelf life;
o 3°. the delivery of items that are not suitable for return, such as but not limited to food (and food supplements), drinks and food supplements, for reasons of health protection or hygiene and of which the seal has been broken after delivery;
o 4°. the delivery of items that are irrevocably mixed with other items after delivery due to their nature;
o 5°. the supply of newspapers, periodicals or magazines, with the exception of an agreement for the regular supply of such publications;
Article 7. DELIVERY TIME, DELIVERY, RISK
7.1. In principle, Fitlyzen aims to ship orders placed before 10 p.m. on a working day that same day. The delivery term stated or agreed upon in the offer and/or the order confirmation does not count as a strict deadline and is only indicated by approximation, not even if it has been expressly accepted by the other party.
7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In either case, a note will be left informing you that the delivery can be picked up at the post office. When a package is refused at the door or is not picked up, it will be sent one more time in consultation with the customer. If this package is again refused or is not collected, we will charge a contribution to the return costs which are the costs of the shipment.
7.3. The stated or agreed delivery period is in any case, but not limited to, automatically extended by the period(s) during which:
- there is a delay in the manufacture and/or shipment and/or any other circumstance that temporarily prevents the execution, regardless of whether this can be attributed to Fitlyzen;
- the other party fails in one or more obligations towards Fitlyzen or there is a well-founded fear that it will fail to do so, regardless of whether the reasons for this are well-founded or not;
- the other party does not enable Fitlyzen to execute the agreement; this situation arises, among other things, if the other party fails to communicate the place of delivery.
7.4. The other party must receive and check the goods purchased from Fitlyzen (see warranty). If these goods are refused by the other party or if delivery proves impossible, the goods can be stored by Fitlyzen, such at the expense and risk of the other party. The costs for storage are at the expense of the other party. Fitlyzen will claim fulfillment but reserves the right to dissolve the agreement without judicial intervention, without prejudice to Fitlyzen 's right to compensation.
Article 8. PERFORMANCE OF THE AGREEMENT
8.1. Fitlyzen will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.2. Fitlyzen is entitled to outsource the agreement or parts thereof to third parties who are not employed by Fitlyzen without the consent of the other party. Fitlyzen is furthermore entitled, without the consent of the other party, to transfer the agreement in whole or in part to another party.
8.3. The other party will ensure that all data, which Fitlyzen indicates are necessary or which the other party should reasonably understand to be necessary for the execution of the agreement, are provided to Fitlyzen in a timely manner. If the information required for the execution of the agreement has not been provided to Fitlyzen in time, Fitlyzen has the right to suspend the execution of the agreement.
Article 9. WARRANTY
9.1. Fitlyzen guarantees that the items are in accordance with the specifications stated in the offer and in accordance with the reasonable requirements of reliability and/or usability. Only if this has been specifically agreed with Fitlyzen, Fitlyzen guarantees that the items are suitable for other than normal use.
9.2. If a product is unusable due to damage during shipment, or if it does not correspond to what was ordered, the other party has the option of returning this product in a timely manner.
9.3. Before using the delivered products, the other party is obliged to read and follow the information and advice provided by the manufacturer with the products.
9.4. We follow the law. This differs for Consumers and non Consumers. Warranty is in any case not offered if:
- the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;
- the goods have been used for a purpose other than that for which they are normally intended or, in the opinion of Fitlyzen, have been used, stored or transported injudiciously,
- the damage is caused by negligence on the part of the other party or because the other party has acted contrary to instructions, directions and advice from Fitlyzen;
- the other party has not fulfilled its obligations towards Fitlyzen (both financially and otherwise).
9.5. If the other party, with due observance of the provisions of the relevant agreement and these general terms and conditions, invokes the warranty in writing within 5 days of receipt, and for Consumers within 6 months of purchase, and this appeal is found to be well-founded by Fitlyzen, Fitlyzen will at its discretion, replace the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction.
9.6. The handling of a warranty claim does not suspend the payment obligation of the other party.
9.7. If attention is paid to a complaint outside the cases described above, this is done without obligation and the other party cannot derive any rights from this.
Article 10. INSPECTION
The items are checked by Fitlyzen before delivery. The other party has the right, at its own expense, to inspect the goods before delivery at the time and place determined by Fitlyzen.
Article 11. NON-PERFORMANCE / DISSOLUTION / SUSPENSION
11.1. Fitlyzen is authorized to dissolve the agreement with immediate effect, without judicial intervention, in whole or in part or to suspend the execution, without prejudice to its other rights (to fulfillment and/or compensation), if:
- the other party acts contrary to any provision of the agreement between the parties;
- the other party dies, applies for a moratorium or files a declaration of bankruptcy or the other party is filed for bankruptcy;
- any asset of the other party is attached;
11.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, has not provided suitable security within seven days in the opinion of Fitlyzen.
Article 12. RETENTION OF TITLE
12.1. Cash on delivery takes place subject to retention of title. Ownership is then only transferred after full payment.
Article 13. LIABILITY
13.1. Fitlyzen is not liable for damage caused as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. The fulfillment of the obligations under warranty as described in article 9 above applies as sole and full compensation. Any other claim for compensation, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Fitlyzen or managerial subordinates.
13.2. Fitlyzen is also not liable for the actions of (non-executive) subordinates or others that it has engaged in the context of the execution of the agreement.
13.3. Fitlyzen is not liable for advice provided by or on behalf of it.
13.4. The other party must always give Fitlyzen the opportunity to settle a complaint, otherwise the liability and thus the compensation will lapse.
13.5 If Fitlyzen is nevertheless liable, liability (for whatever reason) is limited to the amount that Fitlyzen has received from the other party under the relevant agreement.
Article 14. FORCE MAJEURE
14.1. Force majeure means any circumstance beyond the will and actions of Fitlyzen, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment cannot reasonably be expected from Fitlyzen, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, hacking, IT disruptions, strikes, exclusion or lack of personnel, quarantine, epidemics, pandemics, frost loss, shortcomings of third parties that Fitlyzen for the implementation of the agreement (such as late delivery by suppliers), decisions by suppliers to stop services, etc.
14.2. Force majeure gives Fitlyzen the right either to terminate the agreement in whole or in part, or to suspend the execution of its obligations, without being obliged to pay compensation. Also with regard to the part of the agreement that has already been performed, the other party remains obliged to pay.
Article 15. PARTIAL NULLITY
If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force and effect. Instead of the invalid provisions, the parties will consult on a replacement arrangement, which comes as close as possible to the intention of the parties and the economic result pursued by them in a legally effective manner.
Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT
16.1. The location of Fitlyzen is the place where the other party must fulfill its obligations towards Fitlyzen, unless mandatory provisions oppose this.
16.2. Dutch law applies exclusively to all offers and agreements of Fitlyzen.
16.3. All disputes that arise as a result of the agreement concluded between the other party and Fitlyzen or of further agreements that may be the result thereof, will be settled by the Dutch court of the court in Amsterdam. If the other party is a consumer and this would lead to the jurisdiction of a court that would not be competent according to law, this other party has one month, after Fitlyzen has invoked this provision, to opt for settlement of the dispute by the competent court according to the law.
Article 17. Reviews
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