Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise their right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur; Day: calendar day; Continuing performance contract: a distance agreement concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the reflection period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the agreement, only one or more means of distance communication are used; Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time; Terms and Conditions: the present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Pilates home board
info@pilateshomeboard.com
information on request
Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded and order placed between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request. If the distance agreement is concluded electronically, contrary to the previous paragraph, and before the distance agreement is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request. In the event that specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions. If one or more provisions in these terms and conditions are at any time wholly or partially null or void, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible. Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images and specific details in the offer are indications and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what their rights and obligations are associated with the acceptance of the offer. This includes in particular:
the price, including taxes;
- Any shipping costs;
- The manner in which the agreement will be concluded and what actions are required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the communication method used;
- Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- The way in which the consumer can check and, if desired, correct the information provided in connection with the agreement before concluding it;
- Any other languages in which, in addition to Dutch, the agreement can be concluded;
- The codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance agreement in the case of a continuing performance contract.
- Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may, within the limits of the law, inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, along with the product or service:
- The address of the entrepreneur's establishment where the consumer can lodge complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about guarantees and existing after-purchase service;
- The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product. During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they are obligated to notify the entrepreneur within 14 days after receipt of the product. The notification must be made through a written message/email. After the consumer has communicated their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in time, for example, by means of a proof of shipment. If the consumer has not expressed their wish to exercise the right of withdrawal after the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur in accordance with the consumer's specifications;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That spoil or age quickly;
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software whose seal has been broken by the consumer;
- For hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services: - Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
- Whose delivery has begun with the consumer's express consent before the reflection period has expired;
- Concerning betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This binding to fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- They are the result of statutory regulations or provisions; or
- The consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert under the agreement against the entrepreneur. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or have been treated contrary to the instructions on the packaging;
- The defectiveness is entirely or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company. With due observance of the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement product available. At the latest upon delivery, it will be clearly and understandably stated that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and disclosed representative, unless expressly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement entered into for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time and is not restricted to termination at a specific time or during a specific period;
- At least in the same manner as they were entered into by the consumer;
- Always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement entered into for a definite period and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. In deviation from the previous paragraph, an agreement entered into for a definite period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month. An agreement entered into for a definite period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements involving the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless the reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obligated to report any inaccuracies in payment details provided or stated to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, fully and clearly described. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved in mutual consultation, it will result in a dispute subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Customs Duties and Taxes
Customs Duties and Taxes:
All orders shipped to countries outside the Netherlands may be subject to import duties, taxes, and/or other customs charges as determined by the laws and regulations of the destination country. These costs are the responsibility of the customer and are not covered or reimbursed by Pilates home board.
Customer Responsibility:
It is the responsibility of the customer to inform themselves about and comply with all applicable laws and regulations of the destination country concerning import duties and taxes. Pilates home board. Cannot be held liable for costs or delays resulting from customs procedures or non-compliance by the customer.
No Refunds:
Any import duties, taxes, or customs charges imposed by the authorities of the destination country are not eligible for reimbursement by Pilates home board, regardless of whether the customer chooses to accept or refuse delivery.
Information Provision:
While Pilates home board makes all reasonable efforts to ensure correct and timely delivery, we have no control over customs procedures and are not responsible for delays resulting therefrom.
Article 16 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.