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Terms and Conditions
Article 1 - Definitions
The following definitions apply in our terms and conditions:
Entrepreneur: the natural or legal person who practices a profession or conducts a business.
Consumer: the natural person who does not practice a profession or conducts a business and in this capacity enters into an agreement with fitnessRAW.
Distance agreement: an agreement within the framework of a system for the distance selling of products and/or services organized by the entrepreneur, until the conclusion of the agreement, by using exclusively one or more techniques for distance communication.
Technology for distance communication: the medium that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.
Time for consideration: the period within which the consumer can make use of his or her right of withdrawal.
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the legal period of time for consideration of fourteen days.
Day: a calendar day.
Article 2 - Identity of the entrepreneur
3214 VP Zuidland
Burgemeester van der Jagtkade 38
3221 CB Hellevoetsluis
BTW nr: NL853073909B01
Kvk nummer: 58520309
Article 3 - Applicability
These general terms and conditions apply to every offer and every quote from fitnessRAW and also to every distance agreement concluded between fitnessRAW and the consumer. These general terms and conditions explicitly do not apply to agreements that fitnessRAW concludes with other entrepreneurs who act as buyers in the capacity of professional contracting parties. At express request, fitnessRAW will send divergent general terms and conditions to professional buyers.
Before the distance agreement is concluded, the consumer is asked whether he or she agrees with the general terms and conditions as well as our privacy statement. By agreeing to the terms and conditions, the consumer indicates to be familiar with the terms and conditions and the privacy statement of fitnessRAW. If the consumer so wishes, fitnessRAW will send a PDF of the general terms and conditions electronically to the consumer free of charge upon first request.
Article 4 - The offer
If an offer has a limited validity, or is made under specific conditions, this will be explicitly stated in the offer as such. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed in order to enable a proper assessment of the offer by the consumer. Apparent mistakes or errors do not bind the entrepreneur.
Each offer contains such information, that makes clear to the consumer what the associated rights and obligations are connected to the acceptance of the relevant offer. This concerns in particular:
- the price including VAT
- any delivery costs being displayed at the end of an order during the checkout process
- the manner in which the agreement will be concluded and which actions are required for this to occur
- whether or not the right of withdrawal applies
- the method of payment, delivery or execution of the agreement
- if the agreement is filed after realization: the way in which the consumer can consult the agreement.
Article 5 – The agreement
The agreement is concluded at the moment of acceptance by the consumer by having made this acceptance known electronically. fitnessRAW immediately confirms the receipt of the consumer's acceptance electronically. fitnessRAW will send the consumer contact details together with the product, which enable the consumer to get in touch in the case of any complaints.
Article 6 - Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to dissolve the agreement without any reason during a period of fourteen days. This period of time for consideration starts on the day following the receipt of the product by the consumer.
During this period, the consumer will handle the product and the packaging with care, in the sense that the consumer will only unpack and use the product to the extent necessary to assess whether the consumer wishes to exercise his or her right of withdrawal.
If the consumer chooses to assemble the purchased item before deciding whether he or she still wants to exercise his or her right of withdrawal, any value reductions of the relevant item as a result of the assembly will be borne by the consumer. If the consumer makes use of his or her right of withdrawal, the costs of returning the product will also be for his or her account. If the consumer has already paid the purchase amount, fitnessRAW will refund this amount as soon as possible, but no later than thirty days after receiving the returned product.
There is explicitly no right of withdrawal for the following items:
- Products that are ordered to size or made to order, such as racks and the deployment box
- Sealed products, if the seal is broken (for example, CDs, CD-ROMs, DVDs, books, etc.)
- Perishable goods (including superfoods), supplements, items of a personal nature and newspapers and magazines, in particular sports nutrition
Article 7 - Pricing
The prices mentioned in the range of products are stated in euros, including VAT but excluding shipping costs.
Offers are valid as long as the stock of the offered product lasts.
The payment of products can, as far as technically possible, be done by prepayment via bank transfer or payment systems such as iDEAL, Billink or PayPal. If the consumer chooses to collect the ordered goods in the warehouse, it is also possible to pay in cash. If payment is not made in advance, special productions and products that are made to order may require a deposit up to a maximum of half the purchase price.
Article 8 - Conformity and warranty
fitnessRAW guarantees that the products comply with the agreement, the specifications stated in the offer and the reasonable requirements of reliability and/or usability of the delivered product, insofar as there is normal use of the delivered products. If the consumer intends to use a product more intensively than what is understood by normal use, or under special circumstances, then the consumer can contact fitnessRAW at any time about the warranty that can be provided. In these general terms and conditions, normal use means the use of a product three hours per day or less.
Defects to a delivered product that have a cause other than the normal use of the product are explicitly not eligible for warranty.
Article 9 - Delivery of products
The shipping of items is carried out by a parcel service or carrier. Ordered goods are delivered up to the first single-storey lockable door. In principle, fitnessRAW takes out transport insurance without any additional costs for the customer. For deliveries on islands, a surcharge on shipping costs may be charged, which the customer will be individually notified about before the purchase agreement is concluded.
The shipping costs and any cash on delivery costs are communicated to the consumer during the ordering process, meaning that there will never be any concealed costs for the consumer.
If a shipment is delivered whilst the consumer is not at home, a card is deposited in the letterbox and a notification will be sent via e-mail as well. This card states that the parcel service or the carrier must be contacted within a certain number of working days. If this period expires, the shipment will be returned to fitnessRAW. fitnessRAW will charge the shipping costs again if the consumer still wishes to receive the order.
Damages caused during transportation to a delivered product must be reported immediately to the supplier upon receipt of the product. Concealed transport damage must be reported in writing to fitnessRAW within five working days. Minimal, superficial scratches or other markings on scratch-sensitive products such as cast-iron weight plates or painted metal parts are not covered by our warranty.
fitnessRAW will execute all paid orders as soon as possible, though at the latest within thirty days, unless a longer delivery period has been agreed upon.
If delivery of a certain product proves to be impossible, fitnessRAW will make the utmost effort to provide the customer with a replacement item. At the latest upon delivery, it will be stated in an understandable manner that a replacement item will be delivered.
Article 10 - Retention of title
The ownership of the delivered products is transferred to the consumer after the amount due has been paid. The risk of the products is transferred to the consumer at the moment of delivery.
Article 11 – Disputes
Agreements concluded by fitnessRAW to which these general terms and conditions apply are exclusively governed by Dutch law. Disputes cannot be submitted to the Disputes Committee, but only to the Dutch court.