Terms & Conditions
1. My Fit Intention: My Fit Intention, established in Velserbroek, Chamber of Commerce no. 74643835.
2. Customer: the person whom My Fit Intention has entered into an agreement.
3. Parties: My Fit Intention and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of My Fit Intention
2. Parties can only deviate from these conditions if they have explicitly agrees upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
1. All prices used by My Fit Intention are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. My Fit Intention is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increased in the cost prices of products or parts thereof, which My Fit Intention could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
If the customer has received a sample or model of a product, he can not derive any right from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Consequences of late payment
1. If the customer does not pay within the agreed term, My Fit Intention is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to My Fit Intention.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, My Fit Intention may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of My Fit Intention on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by My Fit Intention, he is still obliged to pay the agreed price to My Fit Intention.
Right of recovery of goods
1. As soon as the customer is in default, My Fit Intention is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. My Fit Intention invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to My Fit Intention, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
• The product has not been used
• It is not a product that can spoil quickly, like food or flowers
• The product is not specially tailored for the consumer or adapted to its special needs
• It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• The seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
• The product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity
• The product is not a separate magazine, a loose newspaper or a downloadable ebook
• The purchase does not concern an (assignment to) urgent repair
• The consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
• On the day after the consumer has received the last product or part of 1 order
• As soon as the consumer has received the first the product of a subscription
• As soon as the consumer has purchased a service for the first time
• As soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via [email protected],com
4. The consumer is obliged to return the product to My Fit Intention within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
5. The costs for the return are due My Fit Intention if complete order is returned
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, My Fit Intention will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to My Fit Intention in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. My Fit Intention can appeal to his right of retention of title and in that case retain the products sold by My Fit Intention to the customer until the customer has paid all outstanding invoices with regard to My Fit Intention, unless the customer has provided sufficient security for these payments.
2. The right of retention of tile also applies on the basis of previous agreements from which the customer still owes payments to My Fit Intention
3. My Fit Intention is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waived his right to settle any debt to My Fit Intention with any claim on My Fit Intention.
Retention of title
1. My Fit Intention remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to My Fit Intention under whatever agreement with My Fit Intention including of claims regarding the shortcomings in the performance.
2. Until then, My Fit Intention can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If My Fit Intention invokes its retention of title, the agreement will be dissolved and My Fit Intention has the right to claim compensation, lost profits and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at My Fit Intention unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, My Fit Intention has the right tot suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and herby he cannot object to late deliver by My Fit Intention.
1. Any delivery period specified by My Fit Intention is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from My Fit Intention.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless My Fit Intention cannot deliver within 7 days or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which My Fit Intention may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to My Fit Intention, failing which My Fit Intention cannot be held liable for any damage.
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who received the product for the benefit of the customer.
The customer indemnifies My Fit Intention against all third-party claims that are related to the products and/or services supplied by My Fit Intention.
1. The customer must examine a product or service provided by My Fit Intention as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform My Fit Intention of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform My Fit Intention of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that My Fit Intention is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to My Fit Intention begin forced to perform other work than has been agreed.
1. The customer must provide any notice of default to My Fit Intention in writing.
2. It is the responsibility of the customer that a notice of default actually reaches My Fit Intention in time.
Joint and several client liabilities
If My Fit Intention enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to My Fit Intention under that agreement.
Liability of My Fit Intention
1. My Fit Intention is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If My Fit Intention is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. My Fit Intention is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If My Fit Intention is liable, its liability is limited to the amount paid by closed liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability related.
5. All images, photos, colors, drawings, descriptions on the website or ebooks are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from My Fit Intention shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
1. The customer has the right to dissolve the agreement if My Fit Intention imputably fails in the fulfillment of his obligations, unless the shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by My Fit Intention is not permanent or temporarily impossible, dissolution can only take place after My Fit Intention is in default.
3. My Fit Intention had the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give My Fit Intention good grounds to fear that the customer will not be able to fulfill his obligations properly.
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of My Fit Intention in the fulfillment of any obligation to the customer cannot be attributed to My Fit Intention in any situation independent of the will of My Fit Intention, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from My Fit Intention.
2. The fore majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which My Fit Intention cannot fulfill one or more obligations towards the customer, these obligations will be suspended until My Fit Intention can comply with it.
4. From the moment that a force majeure situation had lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. My Fit Intention does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. My Fit Intention is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. My Fit Intention will discuss major changes in content with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. the customer cannot transfer its rights deferring from an agreement with My Fit Intention to third parties without the prior consent of My Fit Intention.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annul ability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what My Fit Intention had in mind when drafting the conditions in that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between parties.
2. The Dutch court in the district where My Fit Intention is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn upon 2 May 2019.