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GENERAL TERMS AND CONDITIONS L-PRO FITNESS

 

 GENERAL TERMS AND CONDITIONS 

COMPANY:

L-PRO FITNESS, trading name PRINTING NEST STUDIO

 

E-mail: support@lprofitness.com; sales@printingneststudio.com 

 

Website:

www.printingneststudio.com

www.lprofitness.com

 

 

Definitions:

  1. L-PRO FITNESS : L-Pro fitness, established in Ridderkerk, Chamber of Commerce no.
  2. Customer: the party which L-PRO FITNESS has entered into an agreement with.
  3. Parties: L-PRO FITNESS and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability:

  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 L-PRO FITNESS
  2. Parties can only deviate from the conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or the third parties.

Prices

  1. All prices use by L-PRO FITNESS are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and trave-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. L-PRO FITNESS is entitled to adjust all prices for its products or services, shown in its e-shop, other its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which L-PRO FITNESS 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 ta price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models

                If the customer has received a sample or model of a product, he cannot derive any right from this other than that 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 mode.

 

Payments and payment term

  1. L-PRO FITNESS may, at conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
  2. The customer must have paid the full amount within, after delivery.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without L-PRO FITNESS having to send the customer a reminder or to put him in default.
  4. L-PRO FITNESS reserves the right to make a delivery conditional upon immediate payment or the require adequate security for the total amount of the services or products.

Consequences of late payment

  1. If the customer does not pay within the agreed term, L-PRO FITNESS is entitled to charge an interests 2% per month for non commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customers in default, he is also due to extrajudicial collection cost and may be obliged to pay any compensation to L-PRO FITNESS.
  3. The collection cost are calculated on basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does no pay on time, L-PRO FITNESS my suspend its obligations until the customer has met his payment obligation.
  5. In the even of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claim of L-PRO FITNESS on the customer are immediately due and payable.
  6. If the customer refuses the cooperate with the performance of the agreement by L-PRO FITNESS, he is still obliged to pay the agreed price to L-PRO FITNESS.

Right of recovery of goods

  1. As soon as the customer is in default, L-PRO FITNESS is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. L-PRO FITNESS 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 L-PRO FITNESS, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal

  1. A consumer may cancel an online purchase during a cooling-off period 14 days without giving any reason, provided that:
  • The product has not been used
  • It is not a product that can pail quickly, like foods 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 contend ( 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 or a loose newspaper
  • The consumer has not renounced his right of withdrawal
  1. The cooling-off 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 confirmed the purchase of digital content via the internet
  1. The consumer can notify this right of withdrawal via support@lprofitness.com , if desired by using the withdrawal form that can be downloaded via the website of L-PRO FITNESS, www.lprofitness.com
  2. The consumer is obliged to return the product to L-PRO FITNESS within 14dyas of receipt of the timely appeal to the right of withdrawal, provided that the consumer had returned the product to L-PRO FITNESS will refund the cost to the consumer withing 14 days of receipt of the timely appeal to the right of withdrawal provided that the consumer has returned the product to L-PRO FITNESS if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

Right of retention

  1. L-PRO FITNESS can appeal to this right of retention of title and in that case retain the products sold by L-PRO FITNESS to the customer until the customer has paid all outstanding invoices with regard to L-PRO FITNESS , unless the customer has provided sufficient security for these payments.
  2. The right of retention of title also applies on the basis of previous agreements from which the consumer still owes payment to L-PRO FITNESS.
  3. L-PRO FITNESS is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any dept to L-PRO FITNESS with any claim on L-PRO FITNESS .

Retention of title

  1. L-PRO FITNESS remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to L-PRO FITNESS under whatever agreement with L-PRO FITNESS including of claims regarding the shortcomings in the performance.
  2. Until then, L-PRO FITNESS 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 L-PRO FITNESS invokes its retention of title, the agreement will be dissolved and L-PRO FITNESS has the right to claim compensation, lost profits and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at L-PRO FITNESS unless the parties have agreed upon otherwise.
  3. Delivery of product ordered online takes place at the address indicated by customer.
  4. If the agreed price is not paid on time, L-PRO FITNESS has the right to suspend its obligations until the agreed price is fully paid.
  5. In the even of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by L-PRO FITNESS.

Delivery period

  1. Any delivery period specified by L-PRO FITNESS is indicative and does not give the customer the right to dissolution or compensation if the 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 and (electronic) confirmation of this order from L-PRO FITNESS.
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless L-PRO FITNESS cannot deliver within 14dazs after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

                The customer must ensure that the actual delivery of the products ordered by him can take p   lace in time.

Transport costs

                Transport cost are paid by 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 by the forwarder or delivery person before receiving the product. In the absence of which L-PRO FITNESS may not be held liable for any damage.
  2. If the customer himself takes car of the transport of a products, he must report any visible damage to products or the packaging prior to the transport to L-PRO FITNESS , failing which L-PRO FITNESS cannot be held liable for any damage.

Insurance

Storage

  1. If the customer orders products laten 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 customers expense.

Guarantee

  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, change 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 product 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 the third party who receives the product for the benefit of the customer.

Indemnity

        The customer indemnifies L-PRO FITNESS against all third-party claims that are related to the products and/or services supplied by L-PRO FITNESS.

 

Complaints

  1. The customer must examine a product or service provided by L-PRO FITNESS as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonable expect from the agreement, the customer must inform L-PRO FITNESS of this as soon as possible, but ain any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform L-PRO FITNESS of this withing two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcoming, so that L-PRO FITNESS 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 any case not lead to L-PRO FITNESS being forced to perform their work than has been agreed.

 

Giving notice

  1. The customer must provide any notice of default to L-PRO FITNESS in writing.
  2. I tis the responsibility of the consumer that a notice of default actually reaches L-PRO FITNESS (in time)

 

Joint and several Client liabilities

 

If L-PRO FITNESS enters into an agreement with several customer, each of them shall be  jointly and severally liable for the full amounts due to L-PRO FITNESS under agreement.

 

Liability of L-PRO FITNESS

 

  1. L-PRO FITNESS is only liable of any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If L-PRO FITNESS 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. L-PRO FITNESS is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If L-PRO FITNESS is liable, its liability is limited to the amount paid by a closed (professional) 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 relates.
  5. All images, photos, colours, drawings, descriptions on the website or in ta catalogue are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

 

                Every right of the customer to compensation from L-PRO FITNESS 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 Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if L-PRO FITNESS imputable fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nation or because it is of minor significance.
  2. If the fulfilment of the obligations by L-PRO FITNESS is not permanent or temporary impossible, solution can only take place after L-PRO FITNESS is in default.
  3. L-PRO FITNESS has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil hi obligations under the agreement, or if circumstances give L-PRO FITNESS good grounds to fear that the customer will no table to fulfil his obligation properly.

 

Force majeure

 

  1. In the addition to the provision of article 6:75 Dutch Civil Code, a shortcoming of L-PRO FITNESS in the fulfilment of any obligation to the customer cannot be attributed to L-PRO FITNESS in any situation independent of the will of L-PRO FITNESS, when the fulfilment of its obligation towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from L-PRO FITNESS.
  2. The force majeure situation referred in to paragraph 1 is also applicable – but not limited to: state of emergency (such as Civil war, insurrection, riots, natural disaster, 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 situation of force majeure arises as a result of which L-PRO FITNESS cannot fulfil one or more obligations towards the customer, the obligations will be suspended until L-PRO FITNESS can comply with.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. L-PRO FITNESS does not owe any (damage) compensation in a situation of force majeure, even i fit has obtained any advantages as a result of the 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 he agreement accordingly.

 

Changes in general terms and conditions

 

  1. L-PRO FITNESS is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time
  3. Major changes in content will be discussed by L-PRO FITNESS with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the even of a substation change to the general terms and conditions.

 

Transfer of rights

 

  1. The customer cannot transfer its right deferring from the agreement with L-PRO FITNESS to third parties without prior written consent of L-PRO FITNESS
  2. This is provisions applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

 

  1. If one or more provisions of the 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 the case, be replaced by provision that comes closest to what L-PRO FITNESS had in mind when drafting the conditions on 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 L-PRO FITNESS is stablished is exclusively competent in case of any disputes between parties, unless law prescribes otherwise.