General terms and conditions

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of revocation

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Payment

Article 13 - Complaints procedure

Article 14 - Disputes

Article 15 - Additional or deviating provisions

In these terms and conditions the following terms shall have the following meanings:

• Entrepreneur: The Pilates Store, located in Uddel, trading under Chamber of Commerce number 94740283.

• Consumer: The natural person who does not act in the exercise of a profession or business.

• Business customer (B2B): Any legal entity or natural person acting in the exercise of a profession or business.

• Customer: Both consumer and business customers.

• Distance contract: Any agreement concluded between an entrepreneur and a consumer via an automated distance selling system.

• Right of withdrawal: The legal option for consumers to cancel the agreement within 14 days without giving any reason.
  Please note: this right does not apply to business customers.

• Durable medium: Any instrument which allows information to be stored for future reference (e.g. email).

• General Terms and Conditions: The present terms and conditions of The Pilates Store.

Article 2 - Identity of the entrepreneur

The Pilates Store
Elspeterweg 69-C6
3888 MT Uddel

+31 (0)6 30 91 16 16
support@depilatesstore.nl

Chamber of Commerce: 94740283
VAT: NL005106659B03

• These general terms and conditions apply to every offer from the entrepreneur and to every agreement between the entrepreneur and the customer.

• A copy of these terms and conditions will be made available to consumers before the agreement is concluded.

• If the agreement is concluded electronically, the conditions will be offered digitally in a way that the customer can save them.

• If additional conditions apply to specific products or services, these also apply.

• In case of any conflict, the provision most favourable to the consumer shall prevail.

• If any provision is void, the remaining provisions shall remain in full force and effect.

If an offer has a limited period of validity 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be 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, specifications, and data in this offer are indicative and cannot give rise to compensation or termination of the agreement.

Product images are a true representation of the products offered. The company cannot guarantee that the displayed colors exactly match the actual colors of the products.

Subject to the provisions of paragraph 4, the agreement is concluded at the time the customer accepts the offer and meets the conditions set therein.

If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may cancel 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 secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the company, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of the contact form or by another means of communication, such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.

This article does not apply to business customers.

If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.

In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before concluding the purchase agreement.

The entrepreneur can 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 good time before the conclusion of the agreement.

Consumer prices include VAT.

Business prices are shown exclusive of VAT, unless otherwise stated.

Price changes due to VAT or market developments may be implemented.

All prices are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 3 working days of discovering the defect.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the customer has provided to the company.

Subject to the provisions of paragraph 4 of this article, consumers will be clearly informed of the expected delivery time before placing an order. This will be the case if delivery is unexpectedly delayed or if an order cannot be fulfilled or can only be partially fulfilled. If the delay exceeds 30 days, consumers can cancel the order free of charge. This right does not apply to business customers.

All delivery times are indicative. Customers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the customer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the customer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping 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 representative made known to the entrepreneur, unless expressly agreed otherwise.

Payment must be made according to the agreed payment term, which is clearly communicated to the customer in advance.

The customer is obliged to immediately report any inaccuracies in payment details.

Late payment may result in charges.

Complaints must be submitted to the entrepreneur fully and clearly described within 14 days after the customer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. We recommend that you first notify the entrepreneur of your complaint by emailing support@depilatesstore.nl. If this does not lead to a solution, you can submit your dispute for mediation through WebwinkelKeur. https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil . Consumers in the EU can also submit complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr .

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

Dutch law applies to all agreements.

Consumers are protected by mandatory consumer law.

The Vienna Sales Convention is excluded.

For business customers, disputes are preferably submitted to the competent court in the entrepreneur's district.

Additional conditions may not be detrimental to consumers.

Deviations are recorded in writing.