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Terms and Conditions

Happygetfit General Terms and Conditions

https://happygetfit.com/

General terms and conditions based on the model terms and conditions of Stichting WebwinkelKeur.

Table of contents

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 the event of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Subscription: duration, cancellation and renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal; Read all about the cooling-off period

2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Subscription: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligations are spread over time;

5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

7. Model withdrawal form: the model form for withdrawal made available by the entrepreneur, which a consumer can complete if they wish to exercise their right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

9. Distance contract: a contract concluded as part of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, use is made exclusively of one or more means of distance communication;

10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same place at the same time.

11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur Happygetfit Kinheim 138 1161DD Zwanenburg Netherlands T E happygetfit@gmail.com Chamber of Commerce number 83774181 VAT number NL003868378B08

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.

3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.

4. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, paragraphs two and three shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

5. If one or more provisions of these general terms and conditions are wholly or partially void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall promptly be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.

6. Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.

7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer is non-binding. The entrepreneur is entitled to change and amend the offer.

3. 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 truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.

5. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

6. Each offer shall contain sufficient information to make clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular: the price, including taxes; any shipping costs; how the agreement will be concluded and what steps are required; whether or not the right of withdrawal applies; the method of payment, delivery and performance of the agreement; the period for accepting the offer, or the period during which the entrepreneur guarantees the price; the rate for remote communication if the cost of using the technology for remote communication is calculated on a basis other than the standard rate for the communication method used; whether the agreement will be archived after it is concluded and, if so, how the consumer can access it; how the consumer can check and, if desired, correct the information they have provided in connection with the agreement before concluding it; any languages other than Dutch in which the agreement may be concluded; the codes of conduct to which the entrepreneur has committed and how the consumer can access these codes of conduct electronically; and the minimum duration of the distance contract in the case of an ongoing transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfills the conditions set out therein.

2. If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may terminate the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

4. Within the limits of the law, the trader may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

5. The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium: the address of the trader's establishment where the consumer can submit complaints; the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; information about warranties and existing after-sales service; the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performing the agreement; the requirements for terminating the agreement if it is for a term of more than one year or is of indefinite duration.

6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal for delivery of products:

1. When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

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

3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must provide this notification using the model form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.

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

In the case of the provision of services:

1. In the case of the provision of services, the consumer may terminate the agreement without stating reasons for at least 14 days, starting on the day the agreement is concluded.

2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or, at the latest, upon delivery. Article 7 - Costs in the event of withdrawal 1. If the consumer exercises the right of withdrawal, the consumer shall bear no more than the costs of returning the product.

2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the product having already been received back by the online retailer or conclusive proof of complete return having been provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting depreciation in the value of the product.

4. The consumer cannot be held liable for any depreciation in the value of the product if the trader has not provided all legally required information about the right of withdrawal before concluding the purchase agreement. Article 8 - Exclusion of the right of withdrawal 1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The right of withdrawal may only be excluded if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement.

2. Exclusion of the right of withdrawal is only possible for products: made by the business in accordance with the consumer's specifications; that are clearly personal in nature; that cannot be returned by their nature; that can deteriorate or expire quickly; whose price is tied to fluctuations on the financial market over which the business has no influence; for loose newspapers and magazines; for audio and video recordings and computer software whose seal the consumer has broken; for hygiene products whose seal the consumer has broken.

3. Exclusion of the right of withdrawal is only possible for services: relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period; whose delivery has begun with the consumer's express consent before the cooling-off period has expired; relating to betting and lotteries.

Article 9 - The price

1. 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 resulting from changes in VAT rates.

2. By way of exception to the previous paragraph, the business may offer products or services whose prices are tied to fluctuations on the financial market, over which it has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

3. Price increases within 3 months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after the agreement is concluded are only permitted if the business has stipulated this and: they result from statutory regulations or provisions; or the consumer has the right to terminate the agreement effective from the day the price increase takes effect.

5. The prices stated in the offer for products or services include VAT.

6. 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 business is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and warranty

1. The business 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 statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the business also guarantees that the product is suitable for use other than its normal use.

2. A warranty provided by the business, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the business under the agreement.

3. Any defects or incorrectly delivered products must be reported to the business in writing within 2 months of discovery.

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

5. The warranty does not apply if: the consumer has repaired and/or modified the products supplied, or has had them repaired and/or modified by third parties; the products supplied have been exposed to abnormal conditions, or have otherwise been handled carelessly or contrary to the business's instructions and/or the instructions on the packaging; the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The business will exercise the utmost care when receiving and processing product orders and when assessing applications for the provision of services.

2. The delivery address is the address that the consumer has provided to the company.

3. Subject to the provisions of paragraph 4 of this article, the company will process accepted orders with due diligence and within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.

5. In the event of rescission pursuant to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than within 14 days of rescission.

6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. No later than upon delivery, the consumer will be clearly and understandably informed that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the entrepreneur.

7. The risk of damage to and/or loss of products remains with the entrepreneur until they are delivered to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Ongoing transactions: term, termination and extension Termination

1. The consumer may terminate an agreement entered into for an indefinite term and providing for 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.

2. The consumer may terminate an agreement entered into for a fixed term and providing for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to in the preceding paragraphs: at any time and may not be restricted to termination at a specific time or during a specific period; at least in the same way as they were entered into by the consumer; and at all times with the same notice period as the entrepreneur has stipulated for itself.

Extension

1. An agreement entered into for a fixed term and providing for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

2. By way of exception to the previous paragraph, an agreement entered into for a fixed term that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may cancel the extended agreement at the end of the extension with a notice period of no more than one month.

3. An agreement entered into for a fixed term that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer may cancel it at any time with a notice period of no more than one month, or a notice period of no more than three months if the agreement provides for regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

4. An agreement for a limited period to regularly deliver daily, news, and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) will not be renewed tacitly and will automatically end when the trial or introductory period expires. Term 1. If an agreement has a term of more than one year, the consumer may cancel the agreement at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness preclude cancellation before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay.

3. In the event of the consumer’s failure to pay, the business is entitled, subject to statutory restrictions, to charge the reasonable costs disclosed to the consumer in advance.

Article 14 - Complaints Procedure

1. The business has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

2. Complaints about the performance of the agreement must be submitted to the business in full and with a clear description within 2 months after the consumer has discovered the defects.

3. Complaints submitted to the business will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. For complaints, consumers must first contact the business. If the online store is affiliated with Stichting WebwinkelKeur and a complaint cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer may refer the complaint to the independent dispute resolution committee appointed by Stichting WebwinkelKeur. Its decision is binding, and both the business and the consumer agree to be bound by it. The consumer must pay the relevant committee a fee for referring a dispute to it. Complaints may also be submitted via the European ODR platform (http://ec.europa.eu/odr).

6. A complaint does not suspend the business's obligations unless the business states otherwise in writing.

7. If the business finds a complaint to be justified, it will, at its discretion, replace or repair the products supplied free of charge.

Article 15 - Disputes

1. Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or deviating provisions Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

Large appliances may incur a surcharge and are not eligible for free shipping on orders over €150.00 in some countries.