Article 1. General
1.1. These terms and conditions apply to all offers and agreements for the purchase/sale of goods and/or orders and services from Be Fit Originals.
1.2. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations under agreements between Be Fit Originals and the other party cannot be transferred by the other party to third parties, unless with written permission from Be Fit Originals.
1.4. Different general terms and conditions, including those of the other party, are not accepted by Be Fit Originals, unless otherwise agreed in writing and confirmed by Be Fit Originals.
Article 2. Offers
2.1. All offers are without obligation and are valid while supplies last. An offer that contains a term can nevertheless be revoked by Be Fit Originals, even after receipt of the order, provided that this is done within 5 working days of receipt of that order.
2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information purposes only. Although the most important characteristics of products are shown as accurately as possible, they are an approximate indication and do not bind Be Fit Originals.
Article 3. Agreements
3.1. An agreement is only deemed to have been legally concluded after Be Fit Originals has confirmed the order in writing. The content of the agreement is determined by the quotation and/or order confirmation from Be Fit Originals and these general terms and conditions.
3.2. If - after the order has been placed - an additional order is submitted, the originally agreed delivery time will lapse.
3.3. The other party and Be Fit Originals expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions stated in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not detract from the binding force of the offer and its acceptance.
Article 4. Prices
4.1. All quotations and prices quoted by Be Fit Originals are in euros and include VAT and other costs related to the agreement, such as levies.
4.2. Delivery costs are not included in the price, unless otherwise stated.
4.3. If the prices of materials, taxes and/or other factors that partly determine the price of the goods change after the agreement has been concluded, Be Fit Originals is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the relevant agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as mentioned above does not entitle the other party to compensation for any damage.
Article 5. Payment
5.1. Orders placed via the website can be paid using the payment options stated 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 invoice is only possible if expressly agreed and will then be made within 14 days after the invoice date.
5.2. The other party is in default after the payment term referred to in paragraph 1 of this article has expired, without notice of default being required, regardless of whether or not the exceeding of this term can be attributed to the other party.
5.3. Without prejudice to its other rights, Be Fit Originals is then entitled to charge 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 Be Fit Originals in the context of a dispute with the other party, both claimant and defendant, will be borne by 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, cancellation and return regarding physical products
6.1. The other party is entitled to a cooling-off period of 30 days after delivery of the physical product if the other party is a consumer and provided that the packaging is not broken. This right also lapses if the products have been put into use. Companies are excluded from this right under the Buying or Distance Act 2001. The other party (consumer) may return a product within the aforementioned period of 30 days.
6.1A. If you would like to make use of the return option, please contact firstname.lastname@example.org, mention the order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the package with sufficient postage or free of charge.
6.2. Conditions for the right of return: The physical product must not have been used and must still be resalable as new. (Consumer must be able to view and try on the product, but not use it). It must be returned undamaged, complete and in the original packaging.
6.3. If the other party has exercised the right of withdrawal as stated in the previous paragraph and the product is offered to Be Fit Originals unused and in the original packaging with any supplied accessories without any damage due to use, then Be Fit Originals will ensure reimbursement to the other party within 30 days after receipt.
6.4. In the event of cancellation by companies, all costs incurred by Be Fit Originals in connection with the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, plus any costs incurred by Be Fit Originals as necessary. damage suffered as a result of the cancellation.
6.5. If the total value of the order falls below €150 after the return, Be Fit Originals is authorized to still calculate the shipping costs.
Article 7. Delivery time, delivery, risk regarding physical products
7.1. In principle, Be Fit Originals strives to ship orders within 24 hours. The delivery period stated or agreed in the offer and/or order confirmation does not apply as a strict deadline and is only approximate, 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 both cases, a note will be left stating that the delivery can be collected at the post office.
7.3. Different conditions may apply to deliveries abroad.
7.4. The stated or agreed delivery period will in any case, but not exclusively, be automatically extended by the period(s) during which:
– there is a delay in manufacturing and/or shipping and/or any other circumstance temporarily preventing the execution, regardless of whether this can be attributed to Be Fit Originals;
– the other party fails to fulfill one or more obligations towards Be Fit Originals 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 Be Fit Originals to execute the agreement; This situation occurs, among other things, if the other party fails to communicate the place of delivery.
7.5. The other party must receive and inspect the goods purchased from Be Fit Originals (see warranty). If these goods are refused by the other party or delivery proves impossible, the goods will be stored by Be Fit Originals, at the expense and risk of the other party. The costs for storage are borne by the other party. Be Fit Originals will demand compliance, but reserves the right to terminate the agreement without legal intervention, without prejudice to the right of Be Fit Originals to compensation.
Article 8. Execution of the agreement
8.1. Be Fit Originals will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.2. Be Fit Originals is entitled, without the consent of the other party, to outsource the agreement or parts thereof to or to have it carried out by third parties who are not employed by Be Fit Originals. Be Fit Originals 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 shall ensure that all information that Be Fit Originals indicates is necessary or of which the other party should reasonably understand that it is necessary for the execution of the agreement, is provided to Be Fit Originals in a timely manner. If the information required for the execution of the agreement has not been provided to Be Fit Originals in a timely manner, Be Fit Originals has the right to suspend the execution of the agreement.
Article 9. Intellectual property
9.1 By accepting these General Terms and Conditions, the Other Party expressly acknowledges that all designs, information, images and other content are the Product property of Be Fit Originals and are protected by intellectual property rights, including, but not limited to, copyrights, trademark rights, database rights , neighboring rights, patents and design rights.
9.2 Be Fit Originals grants the Other Party a personal, limited, non-exclusive, non-sublicensable, non-transferable right to use Be Fit Originals services and products for strictly personal purposes and under the conditions as stated in these General Terms and Conditions.
9.3 After termination of the service (due to expiry of the contract term or due to premature termination by Be Fit Originals on the basis of Article 5.3), the Other Party no longer has the right to use the services and products supplied by Be Fit Originals. The Other Party's account will then be protected from the Other Party. Products and services delivered during the term of the other party remain the property of Be Fit Originals, will not be made available to the Other Party after the end of the contract and may not be further distributed by the Other Party.
9.4 If Be Fit Originals and a third party establish a license in an Agreement for one or more of the products or services of Be Fit Originals, this concerns a limited, non-transferable, non-exclusive, non-sublicensable and revocable right to use the relevant products and services to use.
9.5 The Other Party never has the right to copy, change, make public and/or use designs, images, information and other content of Be Fit Originals for direct or indirect commercial purposes, unless expressly stated otherwise in writing. agreed with Be Fit Originals.
Article 10. Communication
10.1 Communication between Be Fit Originals and the Other Party can take place in various ways, for example through software applications, update notifications or reminders and e-mail.
10.2 The Other Party agrees that Be Fit Originals can contact the Other Party, if it deems it necessary, for information about changes or updates to the services.
10.3 The Other Party acknowledges that Be Fit Originals may approach him/her for commercial purposes. The Other Party is offered the opportunity to indicate, after an initial approach, that it does not wish to be contacted in the future.
10.4 Be Fit Originals may delete user communications or other parts of the shared information of either party at any time without further notice, provided that such deletion is justified by the content of these communications.
Article 11. Execution of the agreement
11.1. Be Fit Originals will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
11.2. Be Fit Originals is entitled, without the consent of the other party, to outsource the assignment or parts thereof to or to have it carried out by third parties who are not employed by Be Fit Originals.
11.3. The other party shall ensure that all information that Be Fit Originals indicates is necessary or of which the other party should reasonably understand that it is necessary for the execution of the agreement, is provided to Be Fit Originals in a timely manner. If the information required for the execution of the agreement has not been provided to Be Fit Originals in a timely manner, Be Fit Originals has the right to suspend the execution of the agreement.
Article 12. Warranty/Complaints
12.1. Be Fit Originals guarantees that all items are suitable and legally permissible for the purpose for which they are intended and that they conform to the agreed specifications.
12.2. With due observance of what is stated elsewhere in these conditions, Be Fit Originals guarantees the reliability and quality of the products it supplies. If a product is unusable due to damage during shipping, or does not correspond to what was ordered, the other party has the option to return this product.
12.3. The guarantees regarding the delivered goods lie with the manufacturer of the goods in question.
12.4. The other party is obliged to read the information and advice from the manufacturer accompanying the products before using the delivered products.
12.5. Advertising is not possible 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 Be Fit Originals, have been used, stored or transported in an improper manner,
– the damage was caused by negligence of the other party or because the other party acted contrary to instructions, directions and advice from Be Fit Originals;
– the other party has not fulfilled its obligations towards Be Fit Originals (both financial and otherwise).
12.6. If the other party submits a written complaint within 5 days of receipt, taking into account the provisions of the relevant agreement and these general terms and conditions, and its complaint is found to be well-founded by Be Fit Originals, Be Fit Originals will, at its option, replace the defective goods (or parts thereof) not replace it (after which the replaced items become its property) or grant a price reduction.
12.7. Processing a complaint does not suspend the payment obligation of the other party.
12.8. If attention is paid to a complaint outside the cases described above, this is entirely optional and the other party cannot derive any rights from this.
Article 13. Inspection
The items are checked by Be Fit Originals 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 Be Fit Originals.
Article 14. Non-compliance/dissolution/suspension
14.1. Be Fit Originals is entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend execution, without prejudice to its other rights (to performance 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 suspension of payments or files a declaration of bankruptcy or the other party is declared bankrupt;
– any assets of the other party are seized;
14.2. 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 appropriate security in the opinion of Be Fit Originals within seven days.
Article 15. Retention of title
15.1. Cash on delivery takes place under retention of title and after full payment the product becomes the property of the other party.
Article 16. Liability
16.1. Be Fit Originals is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. Compliance with the obligations under warranty/complaints as described in Article 9 above applies as sole and complete compensation. Any other claim for compensation, on whatever grounds, is excluded, unless there is intent or gross negligence on the part of Be Fit Originals or managerial subordinates.
16.2. Be Fit Originals is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of others it has engaged in the context of the execution of the agreement.
16.3. Be Fit Originals accepts no liability for advice provided by or on behalf of it.
16.4. The other party must always give Be Fit Originals the opportunity to settle a complaint, otherwise liability and therefore compensation will lapse.
16.5 Be Fit Originals carries out its consultancy work to the best of its knowledge, expertise and ability. However, this concerns a best efforts obligation. This means that Be Fit Originals does not guarantee the success and success of the Other Party through the advice given, nor the extent to which following the advice will bring the Other Party closer to his/her stated goal. Be Fit Originals is not liable for unachieved or insufficient results.
16.6 In all cases in which Be Fit Originals could possibly be held liable, Be Fit Originals' liability is limited to the amount paid out by Be Fit Originals' liability insurer in a specific case. In the event that Be Fit Originals' liability insurer does not pay out, Be Fit Originals' liability is limited to five times the amount charged by Be Fit Originals to the Other Party.
Article 17. Force majeure
17.1. Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of Be Fit Originals, whether or not foreseeable at the time the agreement was entered into, as a result of which compliance cannot reasonably be expected from Be Fit Originals. , such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, frost delays, shortcomings of third parties that Be Fit Originals the agreement are enabled (such as late delivery by suppliers), etc.
17.2. Force majeure gives Be Fit Originals the right to either terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay damages. The other party remains obliged to pay for the part of the agreement that has already been executed.
Article 18. Personal data
Article 19. Partial nullity
If one or more provisions of this agreement with the other party are not or not fully legally valid, the other provisions will remain fully in force. The invalid provisions will be replaced by an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result they seek in a legally effective manner.
Artikel 20. Klantfeedback en recensies
Wanneer u een bestelling plaatst op onze website, ontvangt u mogelijk vervolg-e-mails met een uitnodiging om uw aankoop te beoordelen. Deze beoordelingsherinneringen helpen ons feedback te verzamelen over onze producten en diensten, zodat we onze klantenervaring voortdurend kunnen verbeteren en de beste ervaring kunnen bieden.
Door een bestelling op onze site te plaatsen, erkent u en gaat u ermee akkoord dat u mogelijk e-mails met beoordelingsherinneringen ontvangt. Wij waarderen uw mening en waarderen uw bijdrage aan onze gemeenschap.
Artikel 20.1 Acceptatie van voorwaarden
Houd er rekening mee dat u door het plaatsen van een bestelling bevestigt dat u akkoord gaat met onze algemene voorwaarden, inclusief de mogelijkheid om e-mails met beoordelingsherinneringen te ontvangen. We raden u aan onze volledige Algemene voorwaarden en ons Privacybeleid te lezen voor meer informatie over hoe wij verwerken klantgegevens en communicatie.
Als u vragen of opmerkingen heeft over onze beoordelingsherinneringen of privacypraktijken, kunt u contact met ons opnemen.
Dit beleid is voor het laatst bijgewerkt op [7-12-2023].