Terms of service

General Terms and Conditions of NRGFitness.nl, Thuiswinkel.org

Table of Contents:

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: An agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these are provided by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
  • Reflection Period: The period during which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person not acting for purposes related to trade, business, craft, or professional activities.
  • Day: A calendar day.
  • Digital Content: Data produced and supplied in digital form.
  • Ongoing Agreement: An agreement for the regular supply of products, services, and/or digital content for a specified period.
  • Durable Data Carrier: Any medium— including email—that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference or use for a period that matches the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.
  • Right of Withdrawal: The possibility for the consumer to forgo the distance contract within the reflection period.
  • Entrepreneur: The natural or legal entity that is a member of Thuiswinkel.org and who offers products, digital content, and/or services to consumers remotely.
  • Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for remote sales of products, digital content, and/or services, whereby one or more means of distance communication are exclusively or partly used up to and including the moment the contract is concluded.
  • Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions; Annex I need not be provided if the consumer does not have a right of withdrawal regarding their order.
  • Remote Communication Technology: A means that can be used to conclude an agreement without the consumer and entrepreneur having to be simultaneously in the same place.

Article 2 - Identity of the Entrepreneur

Name of Entrepreneur: NRG fitness BV

Trading under the Name(s): NRG fitness BV

Registered Address:
Vang 4-6
4661 TX Halsteren
The Netherlands

Phone Number: +31165512603

Availability:
Monday to Friday from 09:00 to 16:30

Email Address: info@nrgfitness.nl

Chamber of Commerce Number: 64918114

VAT Number: NL855902620B01

Article 3 - Applicability

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

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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to 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 store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where these general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In cases where specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting conditions.

Article 4 - The Offer

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

The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of the acceptance of the offer electronically. As long as this receipt of acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for concluding the distance contract responsibly. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

No later than upon delivery of the product, service, or digital content to the consumer, the entrepreneur will provide the following information in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:

  • The visiting address of the entrepreneur’s business where the consumer can lodge complaints;
  • The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information on existing after-sales service and guarantees;
  • The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
  • The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
  • If the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal

For Products:

1. The consumer may dissolve an agreement related to the purchase of a product during a reflection period of 30 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige the consumer to state their reason(s).

2. The reflection period mentioned in paragraph 1 begins 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:

  • If the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by them receives the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
  • If the delivery of a product consists of multiple shipments or parts: the day on which the consumer or a third party designated by them receives the final shipment or the last part.
  • For agreements for regular delivery of products over a set period: the day on which the consumer or a third party designated by them receives the first product.

For Services and Digital Content Not Delivered on a Tangible Medium:

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within 30 days without giving reasons. The entrepreneur may ask for the reason for withdrawal but cannot oblige the consumer to provide it.

4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended Reflection Period for Products, Services, and Digital Content Not Provided on a Tangible Medium in Case of Non-disclosure of Right of Withdrawal:

5. If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period ends 12 months after the end of the original reflection period set out in the previous paragraphs of this article.

6. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within 12 months of the start date of the original reflection period, the reflection period expires 30 days after the day the consumer receives that information.

Article 7 - Consumer Obligations During the Reflection Period

1. During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The underlying principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

2. The consumer is only liable for a decrease in the product’s value resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for a decrease in the product’s value if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercising the Right of Withdrawal by the Consumer and Related Costs

1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the reflection period using the model withdrawal form or any other unambiguous method.

2. As soon as possible, but within 14 days from the day following the notification mentioned in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they send back the product before the reflection period has expired.

3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct cost of returning the product, unless the entrepreneur has failed to inform the consumer that they must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves.

6. If the consumer withdraws after having expressly requested the provision of the service or the supply of gas, water, or electricity not ready for sale in a limited volume or quantity to begin during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.

7. The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for district heating, if:

  • The entrepreneur did not provide the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
  • The consumer did not expressly request the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.

8. The consumer does not bear any costs for the full or partial delivery of digital content not provided on a tangible medium if:

  • The consumer has not expressly consented in advance to the start of the performance of the agreement before the end of the reflection period;
  • The consumer did not acknowledge losing their right of withdrawal upon giving their consent; or
  • The entrepreneur has failed to confirm this statement from the consumer.

9. If the consumer exercises their right of withdrawal, any supplementary agreements are legally dissolved.

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur enables the consumer to declare withdrawal electronically, the entrepreneur shall send a confirmation of receipt without delay after receiving this declaration.

2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer informs them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates they have returned the product, whichever occurs first.

3. The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The refund is free of charge for the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly states this when making the offer or at least in good time before concluding the agreement:

  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
  • Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or given the option 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.
  • Service agreements after full performance of the service, but only if:
    • The performance began with the consumer’s explicit prior consent; and
    • The consumer declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the contract.
  • Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements of passenger transport.
  • 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, goods transport, car rental services, and catering.
  • Agreements related to leisure activities if the agreement provides for a specific date or period of performance.
  • Products manufactured to the consumer’s specifications that are not prefabricated and made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person.
  • Products that spoil quickly or have a limited shelf life.
  • Sealed products that for health or hygiene reasons are not suitable for return and whose seal has been broken after delivery.
  • Products that, by their nature, are irrevocably mixed with other products after delivery.
  • Alcoholic beverages whose price was agreed upon when concluding the agreement, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence.
  • Sealed audio, video recordings, and computer software whose seal has been broken after delivery.
  • Newspapers, periodicals, or magazines, with the exception of subscriptions to these.
  • The delivery of digital content other than on a tangible medium, but only if:
    • The performance has begun with the consumer’s explicit prior consent; and
    • The consumer has declared that they thereby lose their right of withdrawal.

Article 11 - The Price

1. During the period mentioned 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. Any reference to these fluctuations and the fact that any listed prices are target prices will be noted in the offer.

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

4. Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:

  • They are the result of statutory regulations or provisions; or
  • The consumer has the authority to terminate the agreement starting from the day the price increase takes effect.

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

Article 12 - Fulfillment of the Agreement and Additional Warranty

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

2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may invoke against the entrepreneur based on the agreement if the entrepreneur has failed in the fulfillment of their part of the agreement.

3. An additional guarantee is understood to be any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event they have failed in the fulfillment of their part of the agreement.

Article 13 - Delivery and Execution

1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the entrepreneur.

3. With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but at least within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed or if an order cannot be carried out or can only be partially carried out, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and is entitled to any compensation where applicable.

4. After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration Transactions: Duration, Termination, and Renewal

Termination:

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

2. The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services 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, with respect to the agreements mentioned in the previous paragraphs:

  • Terminate at any time and not be limited to termination at a specific time or in a given period;
  • At least terminate in the same way they were entered into by them;
  • Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

 

Renewal:

4. A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

5. In deviation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum of three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

6. A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

7. An agreement with limited duration for the regular introduction to daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

8. 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 one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

1. Unless otherwise provided for in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after concluding the agreement. In the case of a service agreement, this period begins on the day the consumer receives the confirmation of the agreement.

2. When selling products to consumers, the consumer may never be required to make an advance payment of more than 50% in general terms and conditions. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. If the consumer does not meet their payment obligation(s) on time, and after being informed by the entrepreneur of the late payment and given a period of 14 days to still fulfill the payment obligations starting the day after the consumer receives the reminder, the consumer fails to pay within this 14-day period, the consumer owes the statutory interest on the amount still due, and the entrepreneur is entitled to charge any extrajudicial collection costs incurred. 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. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 - Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.

2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

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

4. A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website (www.thuiswinkel.org). The complaint is then sent to both the relevant entrepreneur and Thuiswinkel.org.

5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

2. Disputes between the consumer and the entrepreneur regarding the formation or performance of agreements for products and services to be delivered or that have been delivered by this entrepreneur may, with due regard for the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).

3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.

4. If the complaint does not result in a solution, the dispute must be submitted to the Disputes Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur, in writing or in another form determined by the Committee.

5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first notifies the entrepreneur.

6. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must respond in writing within five weeks after a written request from the entrepreneur stating whether they also wish to do so or whether they prefer to have the dispute handled by the competent court. If the entrepreneur does not hear of the consumer’s choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

7. The Disputes Committee makes a decision under the conditions set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Committee’s decisions are binding advice.

8. The Disputes Committee will not deal with a dispute or will discontinue handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt, or has effectively ceased its business activities before the dispute is heard at a hearing and a final ruling is made.

9. If, in addition to the Thuiswinkel Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Disputes Committee has preferential jurisdiction for disputes primarily concerning the method of distance selling or service provision. For all other disputes, another disputes committee recognized by the SGC or Kifid is competent.

Article 18 - Industry Guarantee

1. Thuiswinkel.org guarantees the fulfillment of binding advice issued by the Thuiswinkel Disputes Committee by its members, unless the member decides to submit the binding advice to a court for review within two months of the advice being sent. This guarantee revives if the binding advice remains in force after court review and the judgment indicating this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the remainder, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.

2. For this guarantee to apply, the consumer must submit a written appeal to Thuiswinkel.org and transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur exceeds €10,000, the consumer will be offered to transfer their claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org. Thuiswinkel.org will then seek payment in its own name and at its own expense to satisfy the consumer.

Article 19 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable data carrier in an accessible manner.

Article 20 - Amendments to the General Terms and Conditions Thuiswinkel.org

Amendments to these terms and conditions only take effect after they have been published in the appropriate manner, with the understanding that, in the event of changes during the term of an offer, the most favorable provision for the consumer will prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede

Annex I: Model Withdrawal Form

Model Withdrawal Form

(Please fill out and return this form only if you wish to withdraw from the contract)

To: [Name of Entrepreneur]
[Geographical Address of Entrepreneur]
[Fax Number of Entrepreneur, if available]
[Email Address or Electronic Address of Entrepreneur]

I/We* hereby inform you that I/We* wish to withdraw from our agreement regarding
the sale of the following products: [Product Description]*
the delivery of the following digital content: [Description of Digital Content]*
the performance of the following service: [Description of Service]*

Ordered on*/Received on* [date of order for services or date of receipt for products]
[Name of Consumer(s)]
[Address of Consumer(s)]
[Signature of Consumer(s)] (only if this form is submitted on paper)
[Date]

* Cross out what does not apply or fill in what applies.