Close

Table of Contents:

  • Article 1 – Identity of the entrepreneur
  • Article 2 – Applicability
  • Article 3 – The agreement
  • Article 4 – Right of withdrawal / cooling-off period
  • Article 5 – Your obligations during the reflection period
  • Article 6 – Right of withdrawal and the costs thereof
  • Article 7 – Obligations of FitForMe in case of withdrawal
  • Article 8 – Exclusion of the right of withdrawal
  • Article 9 – The price
  • Article 10 – Delivery
  • Article 11 – Duration transactions: Termination and modification
  • Article 12 – Payment
  • Article 13 – Disputes
  • Article 14 – Applicable law and competent judge
  • Article 15 – Modification of the General Conditions
  • Article 16 – Miscellaneous

Article 1 – Identity of the entrepreneur

Name entrepreneur: Fit For Me B.V.
Acting under the name / names: Fit For Me B.V.
Director: Simon Hamer

Establishment address:
Weena 784
3014 DA Rotterdam

Phone number: +3110 – 22 355 28
Access: Monday to Friday from 8.30 to 17.30 hrs.
E-mail address: klantenservice@fitforme.nl

Chamber of Commerce number: 24375270
VAT-identification number: NL814594219B01

Article 2 – Applicability

1. These general terms and conditions apply to any offer by Fit For Me B.V. (hereinafter FitForMe) and to any agreement and legal relationship between you and FitForMe.
2. Deviations and additions to these Terms and Conditions must be agreed explicitly. You cannot derive any rights from any agreed deviations for future transactions.

Article 3 – The agreement

1. All offers and quotations made by FitForMe are without any obligation (unless otherwise stated) and FitForMe explicitly reserves the right to change the prices, in particular when this is required by (legal) regulations (but in that case you have the opportunity to cancel the order free of charge).
2. If you place an order through our website, the agreement with FitForMe will only be concluded after we have confirmed the acceptance (and not only the receipt) of the order to you.
3. FitForMe is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, we will inform you.
4. Apparent mistakes or evident errors in the offer shall not be binding on FitForMe.
5. If you have accepted the offer electronically, FitForMe shall confirm receipt of the order and, if applicable, acceptance of the order by FitForMe without delay electronically. As long as the receipt and acceptance have not been confirmed by FitForMe, you can still dissolve the agreement.

Article 4 – Right of withdrawal / Period of reflection

1. If you do not wish to take delivery of a product for any reason, you are entitled to return the product to FitForMe within 14 (fourteen) days after delivery of the product (or if applicable: after delivery of the last product within one order). The costs for transport of returns are for your own account.
2. Returns will not be accepted if: a. the packing seal is broken or damaged; b. the product has been used; c. you have tried to repair a defect yourself; d. the user manual and/or instructions for use have not been followed.
3. FitForMe will, after a product has been returned in good condition, refund the amount paid to you (depending on the method of payment, this can be done via the credit card company or directly).
4. A refund will always be made after deduction of the shipping costs charged by you if you have not paid those costs yourself for the return shipment.

Article 5 – Your obligations during the reflection period

1. During the cooling-off period you must handle the product and its packaging with care. You may only unpack the product insofar as this is necessary to determine the nature and characteristics of the product. The starting point here is that you may only handle and inspect the product as you would be allowed to do in a store.
2. Of products that are sealed for reasons of health protection or hygiene, you may not break the seal. If you do, you cannot return the product.

Article 6 – Right of withdrawal and its costs

1. If you exercise your right of withdrawal, you must notify FitForMe within the cooling-off period. This can be done by means of the model withdrawal form or in any other unambiguous way.
2. You shall return the product or hand it over to (an authorised representative of) FitForMe as soon as possible, but within 14 days from the day following the notification referred to in article 6.1. This is not necessary if FitForMe has offered to collect the product itself. In any case, you will have complied with the return period if you return the product before the cooling-off period has expired.
3. You return the product with all delivered accessories, in the original state and packaging, and in accordance with the reasonable and clear instructions provided by FitForMe.
4. The risk and the responsibility for the correct and timely exercise of the right of withdrawal lie with you.
5. You shall bear the direct costs of returning the product to FitForMe.

Article 7 – Obligations of FitForMe in case of withdrawal

1. FitForMe shall reimburse all payments made by you when you purchased the product (including any delivery costs charged by FitForMe to deliver the product to you) without delay but within 14 days from the day on which you notified your withdrawal (in time) to FitForMe and provided that such notification has taken place in time. FitForMe shall only refund your payment if the product is in its original state, has not been used and the packaging seal has not been broken.
2. If you have chosen a more expensive method of delivery than the cheapest standard delivery, FitForMe is not obliged to refund the additional costs for the more expensive method.
3. Unless FitForMe offers to collect the product itself, FitForMe may wait with repayment until it has received the product or until you have proved that you have returned the product, whichever is earlier.
4. FitForMe shall use the same method of payment as you used when you purchased the goods, unless you agree to a different method of payment. The refund is free of charge for you.

Article 8 – Exclusion of the right of withdrawal

1. FitForMe can exclude the following products from the right of withdrawal if FitForMe has indicated this at the time of the offer, or at least in good time prior to conclusion of the agreement:
a) Products which perish quickly or have a limited shelf life;
b) Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery.

Article 9 – The price

1. The prices stated for the products offered are in euros including VAT.
2. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only allowed if FitForMe has stipulated it and:
a) they are the result of statutory regulations or stipulations;
or b) the consumer has the authority to cancel the agreement from the day on which the price increase takes effect.

Article 10 – Delivery

1. If you provide an address to FitForMe in writing, FitForMe shall be entitled to ship all orders to that address, unless you notify FitForMe in writing of a different address to which your orders should be sent.
2. FitForMe shall process accepted orders with due haste but within 30 days at the latest, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, you will be informed about this within 30 days after you have placed the order. In that case, you have the right to dissolve the agreement without costs.
3. After dissolution in accordance with the previous paragraph, FitForMe will refund the amount you have paid without delay.
4. The risk of damage and/or loss of products shall be borne by FitForMe until the moment of delivery to you.

Article 11 – Duration transactions: cancellation and changes

1. You may terminate and change an agreement entered into for an indefinite period of time (FitForMe Zeker), which extends to the regular delivery of products, at any time, subject to the agreed termination rules and a notice period of at least 5 working days before your next delivery is processed by FitForMe.

Article 12 – Payment

1. Unless otherwise stipulated in the agreement or supplementary conditions, the amounts due by you shall be paid within 14 days after the start of the cooling-off period, or (in the absence of a cooling-off period) within 14 days after the conclusion of the agreement.
2. You are obliged to report any inaccuracies in the supplied or stated payment details to FitForMe without delay.
3. If you do not fulfil your payment obligation(s) on time, you shall, after having been informed by FitForMe of the late payment and after having been granted a period of 14 days by FitForMe to still fulfil your payment obligations, be liable to pay the statutory interest on the outstanding amount after the failure to pay within this 14-day period, and FitForMe shall be entitled to charge the extrajudicial collection costs incurred by FitForMe. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500, and 5% on the next € 5,000, with a minimum of € 40.

Article 13 – Disputes

1. Je kunt eventuele geschillen met FitForMe eerst online voorleggen aan een Nederlands You can first submit any disputes with FitForMe online to a Dutch dispute resolution body via the ODR platform (https://ec.europa.eu/consumers/odr/). You can do so by using the following e-mail address at which FitForMe can be contacted: klantenservice@fitforme.nl. FitForMe is, however, not obliged to cooperate with that method of dispute resolution.

Article 14 – Applicable law and competent court

1. All agreements and legal relationships to which these Conditions apply shall be governed by Dutch law.
2. The provisions of the Vienna Sales Convention shall not apply, nor shall any future international regulation relating to the purchase of movable property, the operation of which can be excluded by the parties.
3. Any disputes between you and FitForMe resulting from, or in connection with, agreements and legal relationships to which these Conditions apply, shall be submitted by FitForMe to the competent court in Rotterdam, the Netherlands. Before FitForMe brings any dispute with you before the court in Rotterdam, it shall grant you 5 weeks to opt for settlement of the dispute by the court authorised by law.

Article 15 – Amendments to the General Terms and Conditions

1. Amendments to these terms and conditions shall only be effective after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable for the consumer shall prevail.

Article 16 – Miscellaneous

1. If FitForMe, for a short or longer period of time, tacitly or not, allows deviations from these Terms and Conditions, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions.
2. FitForMe is authorised to make use of third parties for the execution of your order(s).
3. Should any provision of these Terms and Conditions not apply or be contrary to public policy or the law in the opinion of the competent court, only the provision concerned shall be deemed not to be written and parties shall replace it by one or more provisions which are as close as possible to the conflicting provision(s) and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

Detected country NL, selected country: NL and current language int, visited language en, selected store INT, current page store: INT, currency USD