Terms and Conditions
General Terms and Conditions of Sale
1. Application and acceptance of the terms
1.1
Orders and sales of products through Fitribution’s websites are offered by Fitribution bvba, company number BE0823.144.968, with registered office at Keerbaan 12, 2160 Wommelgem, Belgium (hereinafter referred to as the “Seller”). These general terms and conditions of sale are those of the Seller.
1.2
“Buyer” means any natural or legal person purchasing one or more product(s) through the online shop, as well as any visitor to the online shop.
1.3
These general terms and conditions of sale apply to all sales offered and concluded through the online shop, as well as to any other agreements concluded through the online shop.
1.4
These terms and conditions apply to the exclusion of all other terms and conditions.
1.5
By placing an order through the online shop, the Buyer declares that they have read and accepted these general terms and conditions of sale.
1.6
If, by judicial decision, one or more provisions of these terms and conditions are declared null and void or invalid, the remaining provisions of these general terms and conditions of sale shall remain in full force and effect.
2. Formation of the agreement
2.1
A sales agreement between the Seller and the Buyer is only concluded after explicit acceptance of the order by the Seller, who will notify the Buyer by means of an order confirmation.
2.2
The agreement is concluded at the moment the Buyer receives the order confirmation.
2.3
The Seller reserves the right not to accept an order or, where applicable, to terminate the agreement without being obliged to pay any compensation to the Buyer, subject to reimbursement of any amounts already paid.
This may be the case, in particular, where problems have previously arisen with the person placing the order or, in the case of natural persons, with members of their family, where problems have previously arisen at the indicated delivery address, or where invoices remain outstanding.
3. Prices
3.1
The prices of the products are stated in euros, excluding VAT and shipping costs.
3.2
The Seller reserves the right to change its prices at any time. Products will, however, be invoiced on the basis of the prices applicable at the time the order is accepted.
3.3
The Seller cannot be held liable for (typographical) errors in its offers where the Buyer should reasonably have understood that this was an error.
3.4
The price payable is the price stated in the order confirmation.
3.5
The Seller reserves the right to modify the price payable after conclusion of the agreement, in particular due to changes in shipping costs, new taxes or (typographical) errors.
3.6
In the event of a price increase, the Buyer has the right to terminate the agreement without any costs being charged to them and without the Seller being obliged to pay any compensation.
3.7
The products remain the property of the Seller until the purchase price has been paid in full and finally.
4. Payment
4.1
The Seller undertakes to make every effort to ensure the security of users of the online shop. However, the Seller can under no circumstances be held liable for any damage resulting from unsafe, incorrect or negligent use of the online shop by the Buyer, nor for any damage caused by third parties who make improper use of the website or payment system, except in the event of gross negligence or wilful misconduct by the Seller, its employees or agents.
4.2
The Seller complies with the rules applicable to the reimbursement of amounts paid by the consumer, in accordance with the applicable legislation.
4.3
Where a payment term has been agreed and, in any event, 30 days after delivery, the Buyer shall, by operation of law and without prior notice of default, owe default interest of 1% per month in the event of late payment, as well as a fixed compensation of 10%, with a minimum of €50.00.
5. Delivery
5.1
The products are shipped to the delivery address specified when placing the order (home address or other address), unless the collection option has been selected.
5.2
The Seller will make every effort to deliver the products as soon as possible. The Buyer undertakes to make the necessary arrangements to receive the products within the expected delivery period.
5.3
If the ordered goods have not been delivered within 30 days, an additional period may be agreed between the Buyer and the Seller.
If no agreement is reached on an additional period, the agreement shall be terminated by operation of law and the Seller shall refund any payment already received within 30 days.
6. Right of withdrawal
6.1
The right of withdrawal only applies to purchases made through the online shop by natural or legal persons who purchase or use the products exclusively for non-professional purposes.
6.2
In accordance with the applicable legislation, the consumer has a period of 14 calendar days from receipt of the product to notify the Seller of their decision to withdraw from the agreement, without having to pay a penalty or provide any reason for their decision.
When exercising the right of withdrawal, only the direct costs associated with returning the goods may be charged to the consumer, in accordance with the applicable legislation.
For the exercise of this right, the period begins on the day following delivery to the consumer, subject to compliance with the statutory information requirements.
The notification shall be deemed to have been made within the applicable period if it is sent in writing or on a durable medium accessible to the recipient before expiry of the withdrawal period.
6.3
The goods must be returned within the same period, at the Buyer’s expense, in their original, intact and undamaged packaging, without stickers or writing on the packaging, together with all accessories, the instruction manual and a copy of the invoice or delivery note, to the following address:
Fitribution bvba
Keerbaan 12
2160 Wommelgem – Belgium
Original packaging bearing transport labels, stickers and/or other inscriptions will not be accepted.
6.4
Goods that are incomplete, damaged, used or soiled by the consumer will not be accepted for return.
6.5
No later than 30 days after acceptance of the return, the Seller will refund any amounts already paid, excluding the direct costs associated with returning the goods.
6.6
If the Seller has not made the refund within 30 days after acceptance of the return, the Seller shall, by operation of law and without prior notice of default, owe default interest of 1% per month in the event of late payment, as well as compensation of 10%, with a minimum of €50.00.
6.7
In accordance with the applicable legislation, the right of withdrawal does not apply, among other things:
to the delivery of goods made to the consumer’s specifications or clearly personalised, or which by their nature cannot be returned or are liable to deteriorate or expire rapidly;
to the delivery of audio or video recordings or computer software where the seal has been broken by the consumer.
7. Privacy
Please refer to our privacy statement available on this website.
8. Applicable law
8.1
Sales to which these general terms and conditions of sale apply are governed by Belgian law.
8.2
Only the courts of the judicial district of Antwerp shall have jurisdiction.