Terms and Conditions

TERMS AND CONDITIONS

MEDIATION SERVICE

The offer of movable property on slimmeryou.eu is not sold to the Buyer by the Website Owner, but by the Seller. When purchasing movable property, a contract is therefore concluded between the Buyer and the Seller. The website owner is therefore not a party to this sales agreement. The terms and conditions applicable between Seller and Buyer are included in this document for convenience. Please note: these general terms and conditions apply between the Buyer and the Seller and therefore cannot be invoked against the Website Owner.

If the Seller is located in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This guideline includes the following rights and guarantees:

- The Seller must provide the Buyer with information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.

- Buyer will receive order within 30 days, unless a different term has been agreed with Seller. If the movable property concerned is no longer available, the Seller must inform the Buyer of this. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable property.

- The buyer has a right of withdrawal, meaning that the buyer can reverse the purchase for at least fourteen days without stating reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.

 

ARTICLE 1 DEFINITIONSS

In General Terms and Conditions, the following definitions apply:

 

  1. Website: a platform made available by the Website Owner, accessible via slimmeryou.eu, which also includes all associated subdomains.
  1. Website owner: the company Yoga Leisure, which is located at Oude Graafseweg 341-A in Nijmegen, and registered with the Chamber of Commerce under number 74724967.
  1. Buyer: the person who makes a purchase on the above website.
  1. Seller: company that, either as a producer or as a trader, sells movable property to the Buyer.

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ARTICLE 2 RIGHTS OF THE BUYER

If the Seller is located in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This guideline includes the following rights and guarantees:

  1. Seller must provide Buyer with information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.

 

  1. The Buyer will receive the order within 30 days, unless a different term has been agreed with the Seller. If the movable property concerned is no longer available, the Seller must inform the Buyer of this. Any (down) payments must be refunded within thirty days, unless the Seller delivers a comparable movable property.

 

  1. The buyer has a right of withdrawal, meaning that the buyer can reverse the purchase for at least fourteen days without stating reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.

 

 

ARTICLE 3 NATURE OF THE MEDIATION SERVICET

  1. The offer of movable property on the Website is not sold by the Website Owner, but by the Seller. When purchasing movable property, a contract is therefore concluded between the Buyer and the Seller. The website owner is therefore not a party to this sales agreement.

 

  1. Certain movable property is purchased from third parties, whether or not established in the European Union, via the Website.

 

  1. The service that the Website Owner provides is a brokerage service that is provided to a third party. When ordering a movable property via the Website, the Website Owner is authorized to act as an intermediary, in the name of the Buyer and for the account of the Buyer, and to order the movable property from the actual Seller of the relevant movable property.

  

  1. If the actual Seller is established outside the Netherlands and as a result the relevant movable property has to be imported, this will take place in the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs are for the account of the Buyer.

 

 

ARTICLE 4 PAYMENTG

  1. Payment for the purchased product is settled via the Website Owner. The Website Owner is also responsible for (onward) payment to the actual Seller.

 

 

  1. It is possible that the prices stated on the Website differ from the amounts that the Website Holder pays or passes on to the actual Seller. It is possible that the Seller is given the opportunity to purchase the product for a lower amount after it has been purchased by the Buyer. The difference between the amount paid by the Buyer and the amount actually paid to the Seller is in these cases considered compensation for the intermediation service provided by the Website Owner to the third party.

 

ARTICLE 5 COMPLAINTS PROCEDUREG

  1. In the event that the Buyer is dissatisfied with the way in which the (intermediary) agreement has been implemented, this can be made known to the Website Holder via the contact details stated on the Website. Any report made by the Buyer will be handled by the Website Holder with the utmost care and as soon as possible. The Website Owner will provide the Buyer with a substantive response within fourteen days of receipt of the notification.

 

 

  1. In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the buyer can turn to the disputes committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).

 

 

 

 

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 - Costs in case of withdrawal

Article   8 - Exclusion right of withdrawal

Article   9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions


 

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

 

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;

Reflection period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act in the course of a profession, business or craft and who enters into an agreement with the entrepreneur;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Duration transaction: an agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any (tool) means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information, including e-mail.

Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;

Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be completed by the consumer when he wants to make use of his right of withdrawal;

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer;

Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and entrepreneur being together in the same room at the same time;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

 

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Name of entrepreneur (statutory name, possibly supplemented with trade name):

Yoga Leisure

Business address:

Oude Graafseweg 341-A, 6543PP, Nijmegen

Visiting address, if different from the business address: none

Telephone number and time(s) at which the entrepreneur can be reached by telephone:  (14:00-15:00)

E-mail address:

info@smarteryou.eu

Chamber of Commerce number:

74724967

VAT identification number:

NL001657760B94

ARTICLE 3 - APPLICABILITY

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur, how they can be viewed and that these general terms and conditions will be sent as soon as possible at the request of the consumer. may be sent free of charge.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph, 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 the consumer can 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
  5. In the event that one or more provisions in these general terms and conditions are at any time wholly or partially declared null and void or are annulled, these general terms and conditions will remain in force for the rest and the relevant voided or invalid provision will be replaced by mutual agreement without delay. a provision that approaches the intent of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained in accordance with these terms and conditions.

 

ARTICLE 4 - THE OFFER

  1. If an offer is valid for a limited period of time or is made under conditions with suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.
  2. The entrepreneur's offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer of the entrepreneur contains a description of the products and/or services offered, which is complete and accurate at all times. The offer contains a sufficiently detailed description to enable a proper assessment of the offer by the consumer. Should the entrepreneur use any images that imply that these images show the product offered, then these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer cannot bind the entrepreneur.
  4. Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
  5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the

special:

  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are required for this;
  • whether or not the rate for distance communication is calculated if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the minimum duration of the distance contract in the case of a long-term transaction.
  • apply the right of withdrawal;
  • the method of payment, delivery and execution of the agreement;

 

ARTICLE 5 - THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
  2. In the event that the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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. Within legal frameworks, the entrepreneur can inform himself 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, on the basis of this investigation, the entrepreneur 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. The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service or digital content:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about warranties and existing after-sales service;
  9. the price, including taxes, of the product, service or digital content;
  10. the cost of delivery, if applicable;
  11. the method of payment, delivery or performance of the distance contract;
  12. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  13. in the event that the consumer has a right of withdrawal, the model withdrawal form.
  14. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

When delivering products:

  1. When purchasing products, the consumer has the option of dissolving the agreement without stating reasons during 14 days.

 

 

  1. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

If:

 

  1. the consumer has ordered several products in the same order, the reflection period starts on the day on which the consumer, or a third party designated by him, has received the last product. Provided that he has clearly informed the consumer about this prior to the ordering process, the entrepreneur may refuse an order for several products with different delivery times.
  2. the delivery of a product consists of different shipments or parts, the reflection period starts on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  3. the agreement extends to the regular delivery of products during a certain period, the reflection period starts on the day on which the consumer, or a third party designated by him, has received the first product.

 

For services and digital content that are not provided on a tangible medium:

  1. In the event that a service agreement or an agreement for the supply of digital content has not been delivered on a tangible medium, the consumer can dissolve the agreement during fourteen days without giving reasons. These fourteen days start on the day following the conclusion of the agreement.

 

Extended cooling-off period for products, services and digital content that are not delivered on a material medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

 

  1. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

 

 

  1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

 

  1. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

 

ARTICLE 7 COSTS OF EXERCISE OF THE RIGHT OF WITHDRAWALT

  1. When exercising the right of withdrawal by the consumer, the maximum costs of return will be borne by the consumer.
  2. The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after cancellation, in the same way that was used by the consumer. This requires return by the online retailer or conclusive proof of complete return.
  3. Any depreciation of the product caused by careless handling is for the account of the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal. This must be done before concluding the purchase agreement.

 

 

ARTICLE 8 EXCLUSION OF THE RIGHT OF WITHDRAWALT

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
  2. Exclusion is only possible for the following products:
  3. that have been established by the entrepreneur agreement specifications of the consumer;
  4. which are clearly personal in nature;
  5. which can spoil or age quickly;
  6. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  7. for loose newspapers and magazines;
  8. for audio and video recordings and computer software of which the consumer has broken the seal;
  9. for hygienic products of which the consumer has broken the seal.

 

 

  1. Exclusion is only possible for the following services:
  2. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
  3. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
  4. regarding betting and lotteries

 

 

ARTICLE 9 - 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.

 

 

  1. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.

 

 

  1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

 

 

  1. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  2. they are the result of statutory regulations or provisions; or
  3. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

 

 

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

 

 

  1. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

ARTICLE 10 WARRANTY AND CONFORMITYT

  1. The entrepreneur 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 and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

 

  1. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement. This includes any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

 

 

  1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.

 

 

  1. The warranty does not apply if:
  2. The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
  3. The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  4. The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

 

 

ARTICLE 11 - DELIVERY AND PERFORMANCE

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

 

 

  1. The place of delivery is the address that the consumer has made known to the company.

 

 

  1. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, 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 dissolve the agreement without costs. The consumer is not entitled to compensation.

 

 

  1. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

 

 

  1. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

 

 

  1. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.

 

 

  1. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

 

ARTICLE 12 - DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION

cancellation

  1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

 

 

  1. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least maximum one month.

 

 

  1. The consumer can conclude the agreements referred to in the previous paragraphs:
  2. cancel at any time and are not limited to cancellation at any particular time or period;
  3. at least cancel in the same way as they entered into by him;
  4. always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. An agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

 

  1. Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period of no more than one month.

 

  1. An agreement that has been entered into for a definite period and which 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 at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

 

  1. An agreement with a limited duration for the regular delivery of 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

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

 

 

 

ARTICLE 13 - PAYMENT

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

 

 

  1. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.

 

 

  1. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

 

 

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

 

 

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

 

 

  1. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

 

ARTICLE 15 - DISPUTES

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

 

ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions that deviate 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.

 

MODEL FORM FOR WITHDRAWAL

Only complete and return this form if you wish to revoke the agreement

— On:

Company name

Address

Postal Code

E-mail

phone number

— I/We (*) hereby give notice to you that I/we (*) revoke our agreement concerning the sale of the following goods/provision of the following service (*):

 

 

 

 

— Ordered on (DD-MM-YYYY) : Order number :mer :

 

 

 

 

—  Received on (DD-MM-YYYY):

 

 

 

— Name(s) consumer(s)

 

 

 

— Address consumer(s) :

 

 

 

 

— IBAN bank account:

 

 

 

 

 

 

— Signature of consumer(s) (only when this form is submitted on paper)

 

 

 

 

— Date(DD-MM-YYYY):

 

 

 

(*) Strike out what is not applicable.