FitForMe B.V. Terms and Conditions
## Thuiswinkel Terms and Conditions##
These Terms and Conditions of the Dutch Thuiswinkel Organisation (hereafter: Thuiswinkel.org), have been developed in consultation with the Consumentenbond (Dutch Consumers' Association) within the framework of the Coördinatiegroep Zelfreguleringsoverleg (CZ) (self-regulatory consultation group) of the Social and Economic Council of the Netherlands and are effective as of 1 June 2014.
The below Terms and Conditions can also be viewed in document format. Click on the link below to download the Terms and Conditions.
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 – The consumer’s obligations during the cooling off period
Article 8 - Exercising the right of withdrawal and associated costs for the consumer
Article 9 - The trader’s obligations in the case of withdrawal
Article 10 - Exclusions to the right of withdrawal
Article 11 - The price
Article 12 - Fulfilment and additional guarantees
Article 13 - Delivery and fulfilment
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Trade association guarantee
Article 19 - Supplementary provisions or derogations
Article 20 - Amendments to the Thuiswinkel Terms and Conditions
### Article 1 - Definitions ###
The following definitions apply in these Terms and Conditions:
1. Supplementary contract: an agreement by which the consumer obtains products, digital content and/or services via a distance contract and these goods, digital content and/or services are supplied by the trader or a third party in accordance with an agreement between that third party and the trader;
2. Cooling off period: the timeframe within which a consumer can make use of the right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for purposes related to his trade, profession, craft or business;
4. Day: calendar day;
5. Digital content: data that is produced and supplied in digital format;
6. Continuing performance contract: an agreement that provides for the regular supply of goods, services and/or digital content for a specified period;
7. Durable data carrier: any resource - including emails – that enables the consumer or trader to store information addressed to him personally in a way that facilitates its future reference or use during a period appropriate for the purpose for which the information is intended, and that facilitates the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to cancel a distance contract within the cooling off period;
9. Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers via a distance contract;
10. Distance contract: an agreement made between a trader and a consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which sole or partial use is made of one or more techniques for distance communication up to and including conclusion of the agreement;
11. Withdrawal form template: the European withdrawal form template included in Appendix I of these Terms and Conditions;
12. Technology for distance communication: a means that can be used to conclude a contract without the consumer and the trader needing to be in the same place together physically.
### Article 2 – Identity of the trader ###
Name of trader: Fit For Me B.V.
trading under the name/names: FitForMe
Office and visiting address:
3021 DM Rotterdam
Telephone number: +31 (0)10 - 223 55 28
(Contactable Mondays through Thursdays between 8.30 and 19.30 hours and on Fridays between 8:30 and 17:30 hours)
Email address: [email protected]
Dutch Chamber of Commerce registration number: 24375270
VAT identification number: NL814594219B01
If the activity of the trader is subject to a relevant licensing system: the details of the supervising authority.
If the trader practices a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title, the town/city in the EU or European Economic Area where this was awarded;
- a reference to the professional code of conduct that applies in the Netherlands and instructions as to where and how this code of conduct can be accessed.
### Article 3 - Applicability ###
1. These Terms and Conditions apply to every offer made by the trader and every distance contract agreed between the trader and the consumer.
2. Prior to the conclusion of a distance contract, the wording of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, prior to conclusion of the distance contract, how the Terms and Conditions can be viewed at the trader’s premises and on request, will send these to the consumer free of charge and as soon as possible.
3. If the distance contract is concluded electronically, then in derogation of the previous paragraph and prior to conclusion of the distance contract, the contents of these Terms and Conditions will be made available to the consumer electronically in such a way that these can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, then prior to conclusion of the distance contract, the trader will advise how the Terms and Conditions can be obtained electronically and on request, will send these to the consumer electronically or by some other means, free of charge.
4. If specific product or service-related conditions apply in addition to these Terms and Conditions, the second and third paragraphs apply mutatis mutandis and the consumer may avail himself of the applicable condition most favourable to him in the event of conflicting conditions.
### Article 4 – The offer ###
1. If an offer is subject to a limited period of validity, or is subject to conditions, this will be explicitly stated in the offer.
2. The offer will contain a full and detailed description of the products, digital content and/or services offered. The description will be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a truthful representation of the products, services and/or digital content offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer will contain information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer.
### Article 5 – The contract ###
1. The contract will be concluded, subject to the provisions in paragraph 4, at the point at which the consumer accepts the offer and fulfils the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract until such time as the trader has confirmed receipt of this acceptance.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to safeguard the electronic transfer of data and will provide a secure online environment. If the consumer is able to pay electronically, the trader will take appropriate security measures for this.
4. The trader may - within the statutory framework – obtain information about the consumer’s ability to fulfil his payment obligations, as well as all those facts and factors relevant to entering into a distance contract responsibly. If, based on these investigations, the trader has proper grounds not to agree the contract, then he is legally entitled to refuse an order or request, or to attach special conditions to fulfilment.
5. The trader will send to the consumer, no later than at the point of delivery of the product or service or digital content to the consumer, the following information, either in writing, or in such a way that the consumer can store it in an accessible way on a durable data carrier: a. the office address of the trader’s business premises where the consumer can lodge complaints; b. the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or clear notification regarding exclusions to the right of withdrawal; c. information about guarantees and existing after-sales service; d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or fulfilment of the distance contract; e. the conditions for termination of the contract if the duration of the contract exceeds one year, or if it is open-ended; f. if the consumer has the right of withdrawal, the withdrawal form template.
6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
### Article 6 – Right of withdrawal ###
In the case of delivery of products:
1. The consumer may dissolve a contract for the purchase of a product within a cooling off period of at least 14 days without providing a reason. The trader may ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide the reason(s).
2. The cooling off period referred to in paragraph 1 commences the day after the consumer, or a third party designated by the consumer in advance, who is not the transporter, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Provided he clearly informed the consumer prior to the ordering process, the trader may refuse an order for multiple products with different delivery times. b. If the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part; c. for contracts for regular delivery of products for a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.
In the case of delivery of services:
1. The consumer may dissolve a service delivery contract and a contract for the supply of digital content not supplied on a material carrier within at least 14 days without providing a reason. The trader may ask the consumer for the reason for withdrawal, but the consumer is not obliged to provide the reason(s).
2. The cooling off period referred to in paragraph 3 commences the day following conclusion of the contract
Extended cooling off period for products, services and digital content not supplied on a material carrier in the event the consumer was not informed of the right of withdrawal:
1. If the trader failed to provide the consumer with the legally required information about the right of withdrawal or the withdrawal form template, the cooling off period ends twelve months after the end of the original cooling off period, in accordance with the previous paragraphs of this article.
2. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the date of commencement of the original cooling off period, the cooling off period end 14 days after the day on which the consumer received that information.
### Article 7 – The consumer’s obligations during the cooling off period ###
1. During the cooling off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product insofar as is necessary to assess the nature, characteristics and efficacy of the product. The principle is that the consumer may only handle and inspect the product as he would be permitted to do in a shop.
2. The consumer is only liable for devaluation of the product that is a consequence of treating the product other than permitted in paragraph 1.
3. The consumer is not liable for devaluation of the product if the trader did not provide him with all the legally required information about the right of withdrawal prior to, or at the point of, conclusion of the contract.
### Article 8 - Exercising the right of withdrawal and associated costs for the consumer###
1. If the consumer exercises his right of withdrawal, he will notify the trader within the cooling off period by means of the withdrawal form template, or in some other unambiguous way.
2. The consumer will return the product, or hand it to the (authorised representative of) the trader as soon as possible, but within 14 days of the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product himself. In any event, the consumer will have complied with the returns deadline if he sends the product back before the withdrawal period has lapsed.
3. The consumer will return the product with all the accessories supplied, if reasonably possible, in the original condition and packaging and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for exercising the right of withdrawal correctly and in a timely fashion rests with the consumer.
5. The consumer will bear the direct costs of returning the product. If the trader has not advised that the consumer shall bear these costs, or if the trader has indicated that he will bear the costs himself, the consumer is not liable for the costs of returning the goods.
6. If the consumer exercises his right of withdrawal after first explicitly requesting that the provision of a service or the supply of gas, water or electricity not prepared for sale be commenced in a limited volume or specific quantity during the cooling off period, the consumer shall owe the trader a sum equivalent to that part of the contract fulfilled by the trader at the point of withdrawal, relative to fulfilment of the contract in full.
7. The consumer bears no costs for delivery of services or the supply of water, gas or electricity not prepared for sale in a limited volume or quantity, nor the supply of central heating, if: a. the trader failed to provide the consumer with the legally required information about the right of withdrawal, the costs payable in the event of withdrawal, or the withdrawal form template, or; b. the consumer did not explicitly request commencement of the delivery of a service or the supply of gas, water, electricity or central heating during the cooling off period.
8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a material carrier, if: a. prior to delivery, he did not explicitly agree to commence fulfilment of the contract before the end of the cooling off period; b. he did not acknowledge his loss of the right of withdrawal upon granting his permission; or c. the trader neglected to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary contracts are legally dissolved.
### Article 9 – The trader’s obligations in the case of withdrawal###
1. If the trader facilitates the consumer’s notification of withdrawal by electronic means, he will send confirmation of receipt immediately after receiving this notification.
2. The trader will immediately reimburse the consumer for all payments, including any delivery costs charged by the trader for the returned product, but within 14 days from the day on which the consumer notified him of withdrawal. Unless the trader offers to collect the product himself, he may postpone reimbursement until he has received the product, or until the consumer proves he has returned the product, whichever occurs soonest.
3. The trader will use the same method for reimbursement as the method of payment used by the consumer, unless the consumer agrees to a different method. Reimbursement will be free of charge to the consumer.
4. If the consumer opted for a method of delivery more expensive than the cheapest standard delivery, the trader is not obliged to refund the additional costs for the more expensive method.
### Article 10 – Exclusions to the right of withdrawal ###
The trader may exclude the following products and services from the right of withdrawal, but only if the trader stated this clearly with the offer, or at least in good time prior to conclusion of the contract:
1. Products or services of which the price is subject to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present, or has the opportunity to be personally present at the auction, led by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service delivery contracts, after completion in full of the service, but only if: a. fulfilment commenced with the explicit prior agreement of the consumer; and b. the consumer acknowledged the loss of his right of withdrawal as soon as the trader had fulfilled the contract in full;
4. Service delivery contracts for the provision of accommodation, if the contract stipulates a specific date or period of fulfilment and other than for the purpose of residential use, transportation of goods, car hire services and catering;
5. Contracts relating to leisure activities, if the contract stipulates a specific date or period of fulfilment;
6. Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured according to an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that perish quickly or have a limited shelf life;
8. Sealed products that are unsuitable for return for health and safety or hygiene reasons and of which the seal is broken after delivery;
9. Products which, due to their nature, are irretrievably mixed with other products after delivery;
10. Alcoholic beverages of which the price was agreed on conclusion of the contract, but for which delivery can only take place after 30 days, and of which the actual value is dependent on market fluctuations over which the trader has no influence;
11. Sealed audio/video recordings and computer software, of which the seal was broken after delivery;
12. Newspapers, publications or magazines, with the exception of subscriptions for these;
13. The supply of digital content other than on a material carrier, but only if: a. fulfilment commenced with the explicit prior agreement of the consumer; and b. the consumer acknowledged the loss of his right of withdrawal thus.
### Article 11 – The price ###
1. During the period of validity stated in the offer, the prices of products and/or services offered will not be increased, except for price amendments that are a consequence of changes in VAT rates.
2. In derogation of the previous paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations on the financial market over which the trader has no influence. The fact that these prices are subject to fluctuations and that any prices listed are guide prices, must be stated with the offer.
3. Price increases within 3 months of conclusion of the contract are only permitted if they are a consequence of statutory regulations or provisions.
4. Price increases within 3 months of conclusion of the contract are only permitted if the trader stipulated this and: a. these are a consequence of statutory regulations or provisions; of b. the consumer has the right to terminate the contract on the day the price increase comes into effect.
5. Prices stated in offers for products or services are inclusive of VAT.
### Article 12 - Fulfilment of the contract and additional guarantees ###
1. The trader guarantees that the products and/or services are in accordance with the contract, the specifications stated in the offer, reasonable requirements for soundness and/or usability, and the statutory provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than intended.
2. Any additional guarantee offered by the trader, the trader’s supplier, manufacturer or importer will never affect the statutory rights and claims the consumer may derive from the contract if the trader has failed to fulfil his part of the contract.
3. An additional guarantee is defined as every commitment by the trader, his supplier, importer or producer that grants the consumer specific rights or claims over and above the statutory obligations in the event the trader fails to fulfil his part of the contract.
### Article 13 – Delivery and fulfilment ###
1. The trader will take the greatest possible care in the receipt and fulfilment of orders for products and in the assessment of requests for the delivery of services.
2. The place of delivery is deemed to be the address that the consumer provides to the trader.
3. Taking into consideration that which is stated in article 4 of these Terms and Conditions, the trader will fulfil accepted orders with efficient speed, but within 30 days at the latest, unless a different delivery period has been agreed. If the delivery suffers a delay, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after having placed the order. In that case, the consumer has the right to dissolve the contract without incurring costs and is entitled to a potential claim for damages.
4. Following dissolution in accordance with the previous paragraph, the trader will immediately reimburse the consumer the sum he paid.
5. The trader bears the risk of damage and/or loss of products up to the point of delivery to the consumer, or a representative previously designated by the consumer and made known to the trader, unless explicitly agreed otherwise.
### Article 14 – Continuing performance contracts: duration, termination and extension ###
1. The consumer has the right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, in accordance with the agreed termination conditions and a notice period of no more than one month.
2. The consumer has the right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed term, in accordance with the agreed termination conditions and a notice period of no more than one month.
3. In respect of the contracts described in the previous paragraphs, the consumer may:
* terminate them at all times and not be limited to termination at a specific time or within a specific period;
* terminate them in the same way they were concluded;
* always terminate them subject to the same notice period as that stipulated by the trader for himself.
1. A contract that has been concluded for a fixed term and which makes provision for the regular supply of products (including electricity) or services, may not be automatically extended or renewed for a fixed term.
2. In derogation of the previous paragraph, a contract that has been concluded for a fixed term and which makes provision for the regular delivery of daily or weekly newspapers or magazines may be automatically extended for a fixed term of no more than three months, if the consumer has the right to terminate this extended contract at the end of the extended term with a notice period of no more than one month.
3. A contract that has been concluded for a fixed term and which makes provision for the regular delivery of products or services may only be automatically extended for an indefinite term if the consumer has the right at all times to terminate it with a notice period of no more than one month. If the contract makes provision for the regular, but less than monthly, delivery of daily and weekly newspapers and magazines, the notice period will not exceed three months.
4. A fixed term contract for the regular delivery, by way of introduction, of daily or weekly newspapers and magazines (trial and introductory subscriptions) will not be automatically renewed and will end automatically at the end of the trial or introductory period.
1. If a contract has a duration that exceeds one year, then after one year, the consumer has the right at all times to terminate the contract with a notice period of no more than one month, unless reasonableness and fairness dictate that termination prior to the end of the agreed term would be unacceptable.
### Article 15 - Payment ###
1. Unless stipulated otherwise in the contract or supplementary conditions, monies payable by the consumer must be paid within 14 days after the cooling off period commences, or in the absence of a cooling off period, within 14 days of conclusion of the contract. In the case of a contract to provide a service, this period commences the day after the consumer receives confirmation of the contract.
2. In the sales of products to consumers, the Terms and Conditions may never oblige the consumer to pay more than 50% in advance. Where advance payment is stipulated, the consumer may never derive any rights whatsoever in respect of fulfilment of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has an obligation to report inaccuracies in payment details provided or stated to the trader immediately.
4. If the consumer fails to fulfil his payment obligation(s) in a timely fashion and if, after the trader has notified him that payment is late and given him a period of 14 days within which to fulfil his payment obligations, payment is not settled within this 14-day period, statutory interest will be applied to the sum owing and the trader is entitled to charge for the extrajudicial collection costs he has incurred. These collection costs may amount to no more than: 15% of outstanding sums up to € 2,500.; 10% of the next € 2,500.; and 5% of the next € 5,000. with a minimum of € 40. The trader may deviate from the sums and percentages stated in favour of the consumer.
#### Article 16 – Complaints procedure ###
1. The trader must have an adequately publicised complaints procedure and will manage complaints in accordance with this complaints procedure.
2. Complaints about fulfilment of the contract must be lodged with the trader in full and outlined clearly, without delay after the consumer has identified the shortcomings.
3. The trader will respond to submitted complaints within a period of 14 days of the date of receipt. If it is envisaged that a complaint will require more time to process, the trader will respond within the 14-day period with confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. Complaints about a product, service, or the trader’s service can also be submitted via a complaints form on the Thuiswinkel.org website’s consumer page. The complaint is then sent to both to the trader concerned and Thuiswinkel.org.
5. In any case, the consumer must give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, the complaint is regarded as a dispute that is subject to the dispute resolution procedure.
### Article 17 - Disputes ###
1. Contracts between the trader and consumer to which these Terms and Conditions apply are governed by Dutch law exclusively.
2. Disputes between the consumer and trader about the conclusion or fulfilment of contracts in respect of products or services supplied or to be supplied by this trader may be referred to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP, The Hague (www.sgc.nl) by both the the consumer and the trader, subject to the following provisions
3. The Disputes Committee will only consider a dispute if the consumer has already lodged his complaint with the trader without delay.
4. The dispute should be submitted to the Disputes Committee in writing no later than three months after the dispute arose.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by that choice. The consumer should preferably notify the trader of this in advance.
6. If the trader wishes to submit a dispute to the Disputes Committee, at the written request of the trader, the consumer will state in writing within five weeks whether he also desires this, or wishes the dispute to be dealt with the competent law court. If the consumer does not inform the trader of his preference within five weeks, the trader is entitled to lodge the dispute with the competent law court.
7. Decisions by the Disputes Committee are subject to the conditions stipulated in the Committee’s Disputes Resolution Procedure (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). Decisions delivered by the Disputes Committee are binding.
8. The Disputes Committee will not consider a dispute, or will terminate its intervention, if the trader has been granted suspension of payments, has gone bankrupt, or has ceased trading, prior to the committee having considered the dispute in session and delivered a final decision.
9. If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or disputes committee affiliated with the Dutch Foundation for Consumer Complaints Boards (SGC) or the Dutch Financial Services Complaints Authority (Kifid) is competent, then for disputes that relate primarily to the method of sales or distance service provision, the Thuiswinkel Disputes Committee takes precedence in respect of jurisdiction. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid will take precedence.
### Article 18 – Trade association guarantee ###
1. Thuiswinkel.org guarantees compliance by its members with binding decisions delivered by the Thuiswinkel Disputes Committee, unless the member decides to test the binding advice before a judge within two months of it being issued. If the binding advice is upheld by the judge res judicata, this guarantee comes into effect again. Thuiswinkel.org will award consumers up to a maximum of €10,000. per binding decision. For sums in excess of €10,000. per binding decision, the sum of €10,000.- will be awarded. For the most part, Thuiswinkel.org has an obligation to make every effort to ensure the member complies with the binding decision.
2. For implementation of this guarantee, the consumer is required to submit a written request to Thuiswinkel.org and to transfer his claim against the trader to Thuiswinkel.org. If the claim against the trader exceeds €10,000. the consumer will be offered to option to transfer the claim, insofar as it exceeds €10,000. to Thuiswinkel.org, following which this organisation will pursue payment thereof to the consumer in court in its own name and at its own expense.
### Article 19 - Supplementary provisions or derogations ###
Supplementary provisions or derogations to these Terms and Conditions may not be detrimental to the consumer and must be recorded in writing, or in such a way that these can be stored by the consumer in an accessible manner on a durable data carrier.
### Article 20 - Amendments to the Thuiswinkel Terms and Conditions###
1. Thuiswinkel.org will not amend these Terms and Conditions without consultation with the Consumentenbond (Dutch Consumers’ Association).
2. Amendments to these conditions will only come into effect after they have been publicised in an appropriate way, on the understanding that where amendments apply during the duration of an offer, those most favourable to the consumer will prevail.
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede
*Appendix I: Withdrawal form template *
Download the withdrawal form template as provided for in the Terms and Conditions here.
Withdrawal form template (only complete and submit this form if you wish to exercise your right of withdrawal)