Terms of service

Terms and Conditions

 

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 - Consumer Obligations During the Reflection Period

Article 8 - Exercise of the Right of Withdrawal by the Consumer

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

Article 10 - Exclusion of the Right of Withdrawal

Article 11 - The Price

Article 12 - Fulfillment of the Agreement

Article 13 - Delivery and Execution

Article 14 - Payment

Article 15 - Retention of Title

Article 16 - Liability

Article 17 - Indemnification

Article 18 - Force Majeure

Article 19 - Complaints Procedure

Article 20 - Disputes

Article 21 - Additional, Deviating, or Conflicting Provisions

Article 22 - Miscellaneous

 

Article 1 - Definitions

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

1. (Supplementary) Agreement: An agreement in which the consumer acquires products in connection with a distance contract, and these goods are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Reflection Period: The period during which the consumer can exercise their right of withdrawal;
3. Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession;
4. Day: Calendar day;
5. Durable Medium: Any device - including email - that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that enables unchanged reproduction of the stored information;
6. Right of Withdrawal: The ability of the consumer to withdraw from the distance contract within the reflection period;
7. Entrepreneur: The natural or legal person who offers products remotely to consumers;
8. Distance Contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, whereby exclusive or additional use is made of one or more techniques for remote communication up to and including the conclusion of the agreement;
9. Withdrawal Form: The withdrawal form included in the appendix to these terms and conditions;
10. Remote Communication Technique: A means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet simultaneously in the same space.

 

Article 2 - Identity of the Entrepreneur

Fortex Fitness
Dr. Nolenslaan 113
6136 GM, Sittard
The Netherlands

Phone: 085-5800808
Email: support@fortexfitness.com

Chamber of Commerce: 63562162
VAT: NL855292775B01

Article 3 - Applicability

1. 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.
2. The distance contract is concluded electronically. The text of these general terms and conditions is made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon the consumer’s request.

 

Article 4 - The Offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the offered products. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are associated with accepting the offer.
4. The prices listed in the offer at the time of ordering apply. The indicated prices are final prices, meaning they include the applicable statutory VAT at the time. Until the full purchase price has been paid, the products remain the property of the entrepreneur.
5. For certain orders exceeding a set threshold, the entrepreneur offers free shipping. For orders below the threshold, shipping costs apply. The threshold for free shipping varies per country; an overview can be found on the website www.fortexfitness.com.
6. For certain orders, the entrepreneur offers express shipping. Whether this option is available, as well as any associated costs, will be displayed during the checkout process. With express shipping, products will be delivered within a maximum of 2 working days.

 

Article 5 - The Agreement

1. The agreement is established, subject to the provisions of paragraph 5 and article 13 paragraph 7, at the moment the consumer accepts the offer and meets the associated conditions. By placing an order, the consumer declares that they are acting exclusively for private purposes.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. 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.
4. By clicking the “Pay Now” button, the consumer places a binding order for the items in the shopping cart on the website. The receipt of this order is confirmed by the entrepreneur via email. A binding purchase agreement is established upon receipt of the order confirmation. The consumer should be aware that delivery of the ordered product in the case of prepayment (reservation) only takes place after the full amount, including shipping costs, has been credited to the entrepreneur's account.
5. The entrepreneur may, within the limits of the law, verify whether the consumer can fulfill their payment obligations, as well as any other facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.
6. The entrepreneur will provide the following information to the consumer, at the latest upon delivery of the product, in writing or in a manner that allows the consumer to store it on a durable medium:
   • The business address of the entrepreneur where the consumer can lodge complaints;
   • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
   • Information on warranties and existing after-sales services;
   • The price, including all taxes, of the product; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract;
   • If the consumer has a right of withdrawal, the model withdrawal form.
7. The entrepreneur is entitled to engage third parties, including a payment platform, for the execution of the agreement. The consumer agrees in advance to the possible involvement of such third parties.

 

Article 6 - Right of Withdrawal

1. The consumer may dissolve a contract regarding the purchase of a product within a statutory reflection period of 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal. After dissolving the purchase, the consumer has 14 days to return the product. The entrepreneur has extended this statutory reflection period to a total return period of 30 days. This means that the consumer can submit the return request even after the statutory period of 14 days, as long as it is done within 30 days and provided the product is returned within 30 days.
2. The reflection period and total return period mentioned in paragraph 1 commence the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   • If the consumer has ordered multiple products in one order: the day on which the consumer, or a designated third party, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided this is clearly communicated to the consumer before the ordering process.
   • If the delivery of a product consists of multiple shipments or components: the day on which the consumer, or a designated third party, has received the last shipment or component;
   • For contracts for regular delivery of products over a specified period: the day on which the consumer, or a designated third party, has received the first product.
3. The right of withdrawal applies only to purchases made by consumers. Business customers are generally not entitled to a reflection period. If you wish to return a business purchase, please contact our customer service to inquire about the possibilities.

 

Article 7 - Consumer Obligations During the Reflection Period

1. During the reflection period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functionality. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
2. The consumer is liable for any depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.

 

Article 8 - Exercise of the Right of Withdrawal by the Consumer

1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the return period stated in Article 6, paragraph 1, either by submitting a return request on the account page on the entrepreneur's website, or by using the model withdrawal form, or any other unequivocal statement.
2. As soon as possible, but within the return period mentioned in Article 6, paragraph 1, the consumer shall return the product or hand it over to (a representative of) the entrepreneur. The consumer has met the return deadline if they send the product back before the return period expires.
3. The consumer must ensure that the returned product, along with all supplied accessories, is in its original state and packaging and is returned in accordance with the 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 cost of returning the product.
6. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved by law.

 

Article 9 - Obligations of the Entrepreneur in Case of Withdrawal

1. The entrepreneur will confirm receipt of the consumer’s withdrawal request electronically without delay.
2. The entrepreneur shall reimburse the consumer’s payment(s) within 14 days following the day the consumer notified them of the withdrawal, provided the consumer has complied with the obligations set out in Articles 7 and 8. In any case, the entrepreneur may wait with reimbursement until they have received the returned product in good condition.
3. The entrepreneur will use the same payment method for reimbursement that the consumer used.

 

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least before the conclusion of the agreement:

1. Products manufactured according to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
2. Products that spoil quickly or have a limited shelf life;
3. Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
4. Products that, after delivery, are inseparably mixed with other products due to their nature.

 

Article 11 - The Price

1. During the validity period stated in the offer, the prices of the offered products will not be increased, except for price changes resulting from changes in VAT rates.
2. The prices mentioned in the offer of products include VAT.

 

Article 12 - Fulfillment of the Agreement

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and the legal provisions and government regulations existing on the date the agreement was concluded. The entrepreneur guarantees that the product is suitable for regular and normal use. Any use beyond regular and normal use is at the consumer's own risk.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims the consumer can assert against the entrepreneur if the entrepreneur has failed to fulfill its part of the agreement.
3. An additional guarantee is understood as any obligation of the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case of failure to fulfill 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 assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided 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 with due speed but no later than 30 days unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement free of charge, without being entitled to any compensation. The entrepreneur will, of course, do their best to find a suitable solution.
4. Upon termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and announced representative, unless expressly agreed otherwise.
6. The entrepreneur is entitled to engage third parties for the execution of obligations arising from the agreement.
7. The entrepreneur reserves the right not to accept an order or to cancel an order if it has been placed using software, a robot, crawler, spider, or an automated system or scripted behavior and the use of external services to place an order on behalf of the consumer. The entrepreneur also reserves the right not to accept or cancel an order if it is placed by someone other than the consumer or if the entrepreneur has reasonable doubts that the consumer can fulfill their obligations, including the payment obligation.

 

Article 14 - Payment

1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after concluding the agreement.
2. If advance payment has been agreed upon, 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 is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. The entrepreneur offers the following payment methods: advance payment, credit card, post-payment, and PayPal. The entrepreneur reserves the right, for each order, to exclude certain payment methods and to refer to other payment methods. Any costs associated with a financial transaction are borne by the consumer.
5. For purchases made via credit card, the charge to the credit card account occurs simultaneously with the dispatch of the order.
6. If the consumer does not fulfill their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being notified of the late payment by the entrepreneur and given a period of 14 days to still fulfill their payment obligations. The entrepreneur is also 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 amounts over €5,000, with a minimum of €40.
7. The consumer agrees that invoices and credit notes will only be sent electronically.
8. If a refund is required, the entrepreneur ensures that it is processed to the account used by the consumer for the payment. For prepayments, the refund will be made to the account from which the entrepreneur received the payment. If the consumer paid via post-payment, PayPal, or credit card, the refund will be processed to the respective account.

 

Article 15 - Retention of Title

1. All items delivered by the entrepreneur under the agreement remain the property of the entrepreneur until the consumer has properly fulfilled all obligations arising from the agreement(s) concluded with the entrepreneur, including the full purchase price, any surcharges owed under these general terms and conditions or the agreement, interest, taxes, costs, and damages.
2. Items delivered by the entrepreneur, which fall under the retention of title referred to in paragraph 1, may not be resold or used as a means of payment. The consumer is not entitled to pledge or encumber items under retention of title in any other way.
3. The consumer must always do what can reasonably be expected to safeguard the entrepreneur’s property rights.
4. If third parties seize the delivered goods under retention of title or wish to establish or enforce rights to them, the consumer is obliged to immediately inform the entrepreneur.
5. If the entrepreneur wishes to exercise its property rights as described in this article, the consumer grants the entrepreneur and any third parties designated by the entrepreneur unconditional and irrevocable permission to enter all locations where the entrepreneur’s property is located and reclaim the goods.

 

Article 16 - Liability

1. Except in cases of intent or gross negligence, the total liability of the entrepreneur towards the consumer, regardless of the legal basis, per event (whereby a series of related events counts as one event) is limited to compensation of at most the amount of the agreed price for that contract (including VAT).
2. The entrepreneur is not liable to the consumer for indirect damages, including but not limited to lost profits, consequential damages, loss of data, missed savings, or other similar damages.
3. The entrepreneur is not liable for any damages resulting from the entrepreneur relying on incorrect and/or incomplete data provided by or on behalf of the consumer.
4. A prerequisite for any right to compensation is that the consumer reports the damage in writing to the entrepreneur as soon as possible, but no later than 14 days after its occurrence.

 

Article 17 - Indemnification

1. The consumer indemnifies the entrepreneur against any claims from third parties who suffer damages in connection with the execution of the agreement and for which the cause of the damage is not attributable to the entrepreneur.
2. If the entrepreneur is held liable by third parties under this clause, the consumer is obliged to assist the entrepreneur both in and out of court and to take immediate action as reasonably expected. If the consumer fails to take adequate measures, the entrepreneur is entitled to do so themselves. All costs and damages incurred by the entrepreneur and third parties as a result thereof shall be entirely at the expense and risk of the consumer.

 
Article 18 - Force Majeure

1. The entrepreneur is not obliged to fulfill any obligation towards the consumer if they are hindered due to circumstances beyond their control, which cannot be attributed to the entrepreneur by law, legal act, or generally accepted standards.
2. Force majeure in these general terms and conditions includes, in addition to its definition in law and case law, all external causes, foreseen and unforeseen, that the entrepreneur cannot influence but that prevent the entrepreneur from fulfilling their obligations. The entrepreneur is also entitled to invoke force majeure if the circumstance that hinders the (further) fulfillment of the agreement occurs after the entrepreneur should have fulfilled their obligation.
3. The entrepreneur may suspend the obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to dissolve the agreement without obligation to compensate damages to the other party.
4. If the entrepreneur has partially fulfilled their obligations under the agreement at the time force majeure occurs, and that part has independent value, the entrepreneur is entitled to separately invoice the fulfilled or fulfillable part. The consumer is required to pay this invoice as if it were a separate agreement.

 

Article 19 - Complaints Procedure

1. The entrepreneur has a complaints procedure and handles complaints in accordance with this procedure. Complaints regarding the execution of the agreement must be submitted within 5 days after delivery of the product, or otherwise within a reasonable period, fully and clearly described via email to support@fortexfitness.com or by post to:
   
   

   Fortex Fitness
   Dr. Nolenslaan 113
   6136 GM, Sittard
   The Netherlands

   Include the following details in your complaint:
   • Name and contact details
   • Order number (if applicable)
   • A clear description of the complaint
   • Any supporting evidence (such as photos or correspondence)
2. Complaints about the execution of the agreement must be submitted within 5 days after product delivery or otherwise within a reasonable time, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation.

 

Article 20 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes relating to this agreement or anything arising from it shall be submitted to the competent court of the Limburg District Court.

 

Article 21 – Additional, Deviating, or Conflicting Provisions

1. The entrepreneur has the authority to make changes and/or additions to these general terms and conditions.
2. If there is a conflict between the agreement and these general terms and conditions, the provisions of the agreement shall prevail.

 

Article 22 – Miscellaneous

If any provision of this agreement, or part thereof, is found to be invalid, this shall not affect the validity of the remaining provisions. In such a case, the entrepreneur and consumer will replace the invalid provision(s) in accordance with the purpose and intent of this agreement, ensuring that the new provision deviates as little as possible from the invalid provision.

 

Appendix: Withdrawal Form

Withdrawal Form

To:

Fortex Fitness
Dr. Nolenslaan 113
6136 GM, Sittard
The Netherlands
support@fortexfitness.com

I/We* hereby inform you that I/we* withdraw from our agreement regarding the sale of the following products: [product description]*

Withdraw/Withdraws*

Received on [date of product receipt]

 

Consumer(s) Name

Consumer(s) Address

 

Consumer(s) Signature (only if this form is submitted on paper) 

* Strike out what is not applicable or fill in what is applicable.