GENERAL TERMS AND CONDITIONS
CONTRACT AGREEMENT AND ORDERING PROCESS
The presentation of the products, particularly on the Internet, does not constitute a binding offer.
INFORMATION FROM REQUEST TO ORDER CONFIRMATION
By pressing the "Add to shopping cart" button, the selected goods are added to the shopping cart. In the next step "checkout" we will make you a non-binding offer, in which all data regarding order processing and the general terms and conditions are included. You must confirm this with the following checkmark: "I agree to the Terms and Conditions " After you have clicked on the "Complete order" button, you send your request to us.
Note: By clicking on "Complete order", Purchase is optional.
The request will be processed within two business days and the final manufacturing and shipping costs will be calculated. You will get a non-binding Offer with a summary of the order and the contact details.
By transferring the agreed amount to our account you make a binding offer to definitively conclude a contract with us. After your payment, you will receive an order confirmation to your e-mail address with which we accept your offer if you meet the agreed conditions. A payment only counts as successful if we have full access to the amount. We accept payment through bank transfer and PayPal. There is also a possibility to choose a partial payment: 60% by placing of the order, and the remaining amount before shipping or on delivery.
After we have received the full amount, you will receive an order confirmation by e-mail. At the same time, this is the moment when we pass on your order to the factory that will manufacture your equipment.
Note: A contract is only concluded with our written order confirmation. Once ordered, orders placed with Fitness produce are binding.
All contractual agreements that the customer (entrepreneur or consumer) concludes with the seller are exclusively based on our general terms and conditions. The customer explicitly acknowledges this agreement with his order. (This has already been agreed upon from a request with a check mark).
A consumer is a natural person who concludes a legal act for a purpose that cannot be attributed to his commercial or independent activity.
The entrepreneur is a natural and/or legal person or a legal partnership that, while entering into a legal transaction, acts in the exercise of his commercial or independent professional activity.
Offer or list prices can be changed until the written order confirmation. The prices presented on our website represent the standard variants of our fitness equipment. The price can, therefore, change if the customer has specific requirements and/or needs. The estimated shipping costs on the internet are not binding shipping costs and are not definitive and can be adjusted for each individual customer. The final prices for an individual customer are added to the final offer.
Unless otherwise agreed, the buyer bears the shipping costs (packaging and transport).
Our bank details for prepayment can be found in our final offer that you will receive.
Payment is only considered successful if we have the full amount available without any restriction. The final acceptance of invoices only takes place subject to your financial ability. The costs and expenses of discounting are charged to the buyer.
If the buyer does not fulfill his payment obligation. In particular in the event of non-compliance with a payment obligation, if the account does not have enough coverage to meet the payment, the customer is not paid, or if we are aware of other circumstances that call into question the creditworthiness of the buyer, we reserve the right to pay the entire remaining debt.
In most cases, the delivery of the goods takes 4-9 weeks after receipt of your financial transfer. In exceptional cases, the delivery may change.
It is also possible to make a delivery time longer in consultation. If you order several items with different delivery times, the products will be sent in one shipment, unless another agreement has been concluded. In this case, the delivery time applies to the entire shipment, which applies to the item with the longest delivery time.
We reserve the right to store the goods at the user's expense if necessary, also the risk for this is at the customer's expense. The buyer bears the costs for storage. The new costs for delivery are also for the customer.
The delivery time will be reasonably extended in the event of an accident at work, in particular in the event of strikes and exclusions and circumstances not in our control for which we are not responsible (such as import and export restrictions) or in the event of a delay in delivery as a force majeure. In this case, we will immediately inform the buyer about the situation and inform the buyer of the new delivery dates.
TERMS OF DELIVERY, DELAY, AND IMPOSSIBILITIES
For delivery by the seller, the place of unloading is the place of execution; the buyer bears the risk when unloading. Delivery takes place at an agreed location; if the location is changed, the buyer bears the costs for this.
For the unloading of the vehicle, the buyer/buyer is fully financially responsible for the risks and costs. If the delivery vehicle leaves the street in the direction of the buyer and damage occurs, the costs will be borne by the buyer. The unloading must be carried out immediately and in a controlled manner by the buyer. Waiting times are charged to the buyer. Partial deliveries are permitted to the seller.
Conflicts with workers or unforeseeable events such as official (government) measures, traffic congestion, impotence, etc., relieve the seller for the duration of the goods delivery events.
If there is a delay in the delivery by the seller or a delay in the delivery due to unforeseen circumstances, claims for damages from the buyer are excluded. Only in the case of intentional gross negligence of the seller, the buyer is able to claim his money back.
The purchase must be in uniform proportions during the agreed delivery period.
Costs and damage, in particular, the associated costs for transport and associated risks, are for the account of the buyer who refuses the acceptance of the delivery in the event of non-acceptance of the delivery. Return shipments of delivered goods are not accepted without the consent of the seller.
WARRANTY AND RELATED TERMS
We are not liable for defects and damage that are the result of incorrect and improper use and not following the correct instructions for use. (See maintenance)
In trade transactions, clear defects must be reported immediately in writing, but no later than 7 days after receipt of the delivery (guarantee and notification of defects). If this is not met, all claims for defects are excluded.
Insofar as a defect of the purchased item for which we are responsible is known, we are obliged to remedy the defect free of charge or to replace it at the customer's approval. In business dealings with entrepreneurs, the additional implementation of this is our choice. If we have not replaced all defective devices within a reasonable period of time, the customer can demand a discount from the seller.
Termination of the contract is subject to the withdrawal/refund right below.
THE LIMITATION PERIOD
In the case of a timely, justified notification of defects in defective goods, the buyer has the right to a one-year guarantee, with the exception of claims for damages. The properties assigned above must be explicitly stated as a guarantee on the product.
Claims for compensation are excluded if the buyer has committed a breach of contract, has been negligent during the preparation of a valid agreement or an unlawful act has been performed by the buyer. Only in case of serious negligence a legal representative or a deputy representative.
If the customer is an entrepreneur, the limitation period is 12 months after the delivery date of the goods. The shortened warranty period does not apply to culpably caused damage caused by life, limb or health through gross negligence or intentionally caused damage or malicious injury.
For all other claims for damages attributable to the customer as a result of or related defects or the absence of characteristic features of the products supplied, regardless of the legal reason, we are only liable for intent and gross negligence.
However, this regulation does not apply to claims for compensation in the event of errors in the absence of essential parts supplied that are necessary for the proper functioning of the device. Especially when this specific part is responsible for the safety of the device, in this case too we are only liable for the typical and foreseeable damage.
RIGHT OF REFUND / RIGHT OF WITHDRAWAL OF THE CONTRACT
The cancellation period is five days after the date of the written order confirmation. The order confirmation takes place after receipt of the full invoice amount by e-mail.
To exercise your right of withdrawal, you must contact us by E-mail: firstname.lastname@example.org, by means of a clear statement (in writing by e-mail) about your decision to withdraw from the agreed contract.
To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
THE CONSEQUENCES OF CANCELLATION
If you withdraw from this agreement, we will reimburse you for all payments we have received from you, including shipping costs, without delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this agreement. We use the same payment method that you used in the original transaction for this repayment unless otherwise agreed with you.
THE RIGHT OF WITHDRAWAL / RETURN RIGHT IS EXCLUDED IN THE CASE OF:
Goods that are not prefabricated and for the manufacture of which an individual choice or provision for which you have specifically chosen and therefore are responsible.
This concerns all products on FITNESSPRODUCE.NL since each item is produced separately after receipt of the order confirmation.
The content of this website has been compiled with the greatest possible care. However, we are not liable for the accuracy, completeness, quality or timeliness of the content offered.
The use of the content of the website is at the user's own risk. Liability claims that relate to material or immaterial nature caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are excluded unless it has been demonstrated that the writer committed intentional or gross negligence.
Contributions marked by name reflect the opinion of the relevant author and not always our opinion. With the pure use of the website, you do not connect any contractual relationship with us.
All offers are not binding. We expressly reserve the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to stop publication temporarily or permanently.
As a service provider, we are responsible for our own content on the pages on our website in accordance with generally applicable laws. However, as a service provider, we are under no obligation to monitor information from third parties that is sent or stored or to investigate circumstances that indicate illegal activities. Obligations to remove or block the use of information under general legislation remain unaffected. However, liability in this regard is only possible from the date of knowledge of a specific infringement. We will remove this content immediately upon notification of applicable violations.
With the exception of damage to life, body and health and the violation of essential contractual obligations, we are only liable for damage due to intentional or gross negligence.
This also applies to indirect consequential damage, such as lost profit in particular.
An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and of which the contract partner regularly trusts and may trust.
Liability is limited, except for intentional or grossly negligent behavior or for damage resulting from damage to life, limb, and health and the violation of essential contractual obligations for the typically foreseeable damage at the conclusion of the contract and otherwise the average amount damage typical of the contract. This also applies to indirect consequential damage, such as lost profit in particular.
The use of the contract data of the print for commercial advertising is expressly not desired, unless the provider has previously given his written permission or if a business relationship already exists. The provider and all persons mentioned on this website hereby object to any commercial use and disclosure of their data.
28, June 2018
UAB "Fitness Produce"