Terms & Conditions

1. Contractual partner

FitSmart B.V.
Stadhouderskade 5
1054 ES Amsterdam
The Netherlands
Called contractual partner in the following text

2. General, scope of application

All services provided by the contractual partner for the customer shall be performed exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply insofar as they have been agreed between the contractual partner and the customer or are expressly stated in these General Terms and Conditions.

3. Payment, due date, default of payment

  1. Payment for the goods can be made by credit card or PayPal, Immediate bank transfer or on account. The contractual partner reserves the right to accept or exclude certain payment methods in individual cases.
  2. When paying by Paypal, the customer undertakes to pay the purchase price after conclusion of the contract without delay.
  3. If the customer is in default of payment, he shall be entitled to any negligence. He is also liable for coincidence due to the service, unless, that the damage would have occurred even if the payment had been made on time.
  4. The purchase price shall bear interest during the period of default. The default interest rate is five percentage points above the base interest rate for the year. For legal transactions involving in which a consumer is not involved, the interest rate is eight percentage points above the base interest rate.
  5. The assertion of further damages is not excluded.

4. Delivery

  1. Delivery shall be made by sending the goods to the address specified by the customer. The delivery period is generally 3-5 working days after receipt of the order purchase price. This information is non-binding unless otherwise agreed.
  2. The delivery will be made against the Packaging and shipping costs. For deliveries abroad, unless otherwise agreed, the price for packaging and shipping is indicated separately according to weight calculated. If the customer requests a special type of shipment that requires higher costs are incurred, he must also bear these additional costs.

5. Retention of title

The goods remain the property of the contractual partner until full payment has been made. Pledging, transfer of title by way of security, processing, transfer of ownership or redesign without the express consent of the contractual partner permissible.

6. Prices

  1. The price quoted for our goods is the final price, including any applicable VAT and other price components. The Price does not include delivery and shipping costs.
  2. With the updating of the Internet pages of the contractual partner, all previous Prices and other information about goods are invalid.
  3. The price at the time the invoice is issued shall be decisive for invoicing. Offer of the customer.

7. Right of revocation

  1. The contractual partner is also entitled to withdraw from the contract with regard to an outstanding part of the delivery or service if false information about the delivery or service is provided.
  2. To exercise your right of withdrawal, you must inform the contractual partner by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason to revoke. The withdrawal period is fourteen days:

  1. In the case of a purchase contract from the day on which you or one of you named third party who is not the carrier has taken possession of the goods have or has.
  2. In the case of a contract for several goods that are to be delivered as part of a were ordered as a single order and which are delivered separately from the day on which you or a third party designated by you who is not the carrier, have taken possession of the last goods.

Consequences of revocation

If you withdraw from this contract, we will have refunded all payments we have received from you including delivery costs (with the exception of additional costs, arising from the fact that you have chosen a different type of delivery than the one we offered, most favorable standard delivery), without undue delay and no later than within fourteen days from the day on which you receive the notification of your revocation of this contract.

8. Warranty

  1. If the item is defective, the customer shall have the right, as subsequent performance according to his choice of rectification of the defect or delivery of a defect-free item demand.
  2. If the goods have already been used, a reduction in value has been ascertained which is offset against a refund of the purchase price.

9. Limitation of liability

  1. For claims other than those arising from injury to life, limb and health the contractual partner shall only be liable for damages insofar as these damages are due to intentional or gross negligence or culpable breach of a material contractual obligation.

10. Data protection

All personal data required for the execution of the order is stored in machine-readable form and treated confidentially.

11. Place of jurisdiction

The contracting parties agree to the application of Dutch law. The place of jurisdiction for disputes arising from the contract is Amsterdam agreed.

12. Severability clause

Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected.

13. Withdrawal from the contract

In the event of a justified withdrawal from the contract by a consumer, a Reimbursement of the purchase contract only step by step against restitution of the goods delivered by the buyer. The condition for this is that the goods must be in their original packaging and undamaged.