Article 1 - Definitions
Article 2 - Fitcode International BV’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Exercising the Consumer’s right of withdrawal and the costs
Article 8 - Preclusion from right of withdrawal
Article 9 - The price
Article 10 - Performance of an agreement and extra Guarantee
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 – Disputes
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
Article 2 – The Entrepreneur’s identity
Fitcode International BV
Aranka van der Voorden
3011 CD Rotterdam
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: KVK 61153389
VAT identification number: BTW NL854230919B01.
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from Fitcode International BV and to any distance contract concluded by Fitcode International BV and the Consumer.
2. Before concluding a distance contract, Fitcode International BV shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, Fitcode International BV shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If Fitcode International BV makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind Fitcode International BV.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, Fitcode International BV shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, Fitcode International BV will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Fitcode International BV shall observe appropriate security measures.
4. Fitcode International BV may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, Fitcode International BV has sound reasons for not concluding the contract, she is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, Fitcode International BV shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of Fitcode International BV´s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
Upon delivery of products:
Upon delivery of services
Article 7 – Exercising the Consumer’s right of withdrawal and the costs
Article 8 – Preclusion from right of withdrawal
1. Fitcode International BV can preclude the Consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if Fitcode International BV clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Preclusion from the right of withdrawal is only possible for products:
a) that have been created by Fitcode International BV in accordance with the consumer’s specifications;
b) that are clearly of a personal nature;
c) that cannot be returned due to their nature;
d) that rapidly decay or become obsolete;
e) the price of which is subject to fluctuations on the financial market over which Fitcode International BV has no influence;
f) for individual newspapers and magazines;
g) for audio- and video-recordings and computer software, whereby the consumer has broken the seal.
3. Preclusion from the right of withdrawal is only possible for services:
a) relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
b) the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
c) relating to bets and lotteries.
Article 9 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, Fitcode International BV may offer products or services whose prices are subject to fluctuations in the financial market that are beyond Fitcode International BV’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if Fitcode International BV has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
5. All prices indicated in the provision of products or services are including VAT.
Article 10 – Performance of an agreement and extra Guarantee
1. Fitcode International BV guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, Fitcode International BV also guarantees that the product is suitable for other than normal use.
2. A guarantee arrangement offered by Fitcode International BV, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against Fitcode International BV.
Article 11 – Delivery and execution
1. Fitcode International BV shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to Fitcode International BV.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, Fitcode International BV shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, Fitcode International BV shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by Fitcode International BV until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 12 – Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
3. The Consumer has the duty to inform Fitcode International BV promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and Fitcode International BV has pointed out to the Consumers that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and Fitcode International BV is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. Fitcode International BV may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 13 – Complaints procedure
1. Fitcode International BV shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to Fitcode International BV within a reasonable time after the Consumer discovered the defects.
3. The complaints submitted to Fitcode International BV shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Fitcode International BV shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 14 - Disputes
1. Contracts between Fitcode International BV and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
Fitcode International BV
Aranka van der Voorden
3011 CD Rotterdam
E-mail address: email@example.com
- I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]
- Ordered on*/received on* [date of ordering the services or receiving products]*
- [Consumer’s name]
- [Consumer’s address]
- [Consumer’s signature] (only when this form is submitted on paper)
*) Delete and/or complete where appropriate.
Here you can download our Standard Form for Withdrawal in PDF
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