Terms and Conditions

Terms and Conditions FitFaire

 

Table of contents:

Article 1 - Definitions

Article 2 - Identity of FitFaire

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of FitFaire upon revocation

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes 

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services through FitFaire are delivered or by a third party based on an agreement between that third party and FitFaire;
  2. Thinking time: the term within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which enables unaltered reproduction of the stored information;
  8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  9. Distance Agreement: an agreement between FitFaire and the consumer is concluded in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement ;
  10. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
  • FitFairethe legal entity as further defined in Article 2, which offers products, (access to) digital content and/or remote services to consumers as set out under these general terms and conditions;
  1. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

 

Article 2 – Identity of FitFaire

Name of entrepreneur: FDC Enterprise BV

Business address: Herentalsebaan 27, 2100 Antwerp

Email address: info@FitFaire.be

VAT identification number; BE 0805.679.030

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from FitFaire and on every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, FitFaire Before the distance contract is concluded, indicate how the general terms and conditions apply FitFaire can be viewed and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If FitFaire uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are binding FitFaire not.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

 

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, confirm FitFaire without delay by electronic means the receipt of the acceptance of the offer. Until receipt of this acceptance FitFaire has been confirmed, the consumer can terminate the agreement. After receiving this confirmation, it is no longer possible for the consumer to dissolve or cancel an agreement: the consumer can, however, use the right of withdrawal (Article 6).
  3. If the agreement is concluded electronically, FitFaire appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, FitFaire take appropriate safety measures to this end.
  4. FitFaire can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If FitFaire based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. FitFaire will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    1. the visiting address of the branch of FitFaire where consumers can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. the information about warranties and existing after-sales service;
    4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

  1. The consumer can terminate an agreement relating to the purchase of a product during a cooling-off period of a maximum of 14 (fourteen) days without giving reasons. FitFaire The consumer may ask the reason for withdrawal, but cannot oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. FitFaire may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
    3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

 

For services and digital content that is not supplied on a material carrier:

  1. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a maximum of 14 days without giving reasons. FitFaire The consumer may ask the reason for withdrawal, but cannot oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:

  1. If FitFaire the consumer has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If FitFaire has provided the information referred to in the previous paragraph to the consumer within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

 

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
  2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if FitFaire has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. FitFaire.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) FitFaire. This is not necessary if FitFaire has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories, in the original condition and packaging, and in accordance with the instructions FitFaire provided reasonable and clear instructions.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If FitFaire has not reported that the consumer must bear these costs or if FitFaire indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
  6. The consumer will not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
    1. prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
    2. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
    3. FitFaire has failed to confirm this statement by the consumer.
  7. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 – Obligations of FitFaire upon revocation

  1. If FitFaire enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. FitFaire will reimburse all payments made by the consumer, including any delivery costs FitFaire will be charged for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless FitFaire offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
  3. FitFaire uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, this is not necessary FitFaire not to refund the additional costs for the more expensive method.

 

Article 10 – Exclusion right of withdrawal

FitFaire can exclude the following products and services from the right of withdrawal, but only if FitFaire has clearly stated this in the offer, at least in time before concluding the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market FitFaire has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is defined as a sales method through which products, digital content and/or services are sold FitFaire are offered to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
    1. the performance has started with the express prior consent of the consumer; and
    2. the consumer has stated that he loses his right of withdrawal as soon as FitFaire has fully executed the agreement;
  4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
  5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
  6. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  9. Products that, by their nature, are irreversibly mixed with other products after delivery;
  10. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement, but of which delivery can only take place after 30 days, and of which the actual value depends on fluctuations in the market on which FitFaire has no influence;
  11. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
  12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  13. The supply of digital content other than on a tangible medium, but only if:
    1. the performance has started with the express prior consent of the consumer; and
    2. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, FitFaire products or services whose prices are subject to fluctuations in the financial market and where FitFaire has no influence on, offering variable prices. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if: FitFaire has stipulated this and:
    1. they are the result of legal regulations or provisions; or
    2. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

 

Article 12 – Compliance with the agreement and extra guarantee

  1. FitFaire guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed upon FitFaire also guarantees that the product is suitable for other than normal use.
  2. One through FitFaire, its supplier, manufacturer or importer, the additional warranty provided never limits the legal rights and claims that the consumer may have against you under the agreement. FitFaire can assert if FitFaire has failed to fulfill its part of the agreement.
  3. Additional warranty means any obligation of FitFaire, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

 

Article 13 – Delivery and performance

  1. FitFaire will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.
  2. The place of delivery is the address given to the consumer FitFaire has made known.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, FitFaire accept orders as quickly as possible, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph FitFaire immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with FitFaire until the moment of delivery to the consumer or a pre-designated and to FitFaire announced representative, unless expressly agreed otherwise.

 

Article 14 – Duration transactions: duration, cancellation and renewal

Cancellation:

  1. The consumer can at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services.

cancel in accordance with agreed cancellation rules and a notice period of no more than 14 days.

  1. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than 14 days.
  2. The consumer can use the agreements referred to in the previous paragraphs:
  • cancel at any time and not be limited to cancellation at a certain time or in a certain period;
  • at least cancel in the same manner as these agreements were entered into by him;
  • always cancel with the same notice period as FitFaire has negotiated for himself.

Extension:

  1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than 14 days.
  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than 14 days

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than 14 days cancel, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

 

Article 15 – Payment

  1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the reflection period, or in the absence of a reflection period, within 14 (fourteen) days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated FitFaire to report.
  4. If the consumer does not fulfill his payment obligation(s) on time, he will be FitFaire the late payment has been pointed out and FitFaire the consumer has been granted a period of 14 (fourteen) days to still meet his payment obligations, after failure to pay within this 14-day period, he owes statutory interest on the amount still due and is FitFaire entitled to charge the extrajudicial collection costs incurred by him. These collection costs 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. FitFaire may deviate from the stated amounts and percentages to the benefit of the consumer.

 

Article 16 – Complaints procedure

  1. FitFaire has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described within a reasonable time after the consumer has discovered the defects. FitFaire.
  3. Bee FitFaire Complaints submitted will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, FitFaire replied within 14 (fourteen) days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.

 

Article 17 – Disputes

  1. On similarities between FitFaire and the consumer to whom these general terms and conditions apply, only Belgian law applies. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where FitFaire keeps office.

 

Article 18 – Additional or deviating provisions

Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.

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