General terms and conditions F1 Fight Gear
Email: [email protected]
Personal Training Zwanenburg: dvagi, established in Zwanenburg under Chamber of Commerce no. 75769263.
Customer: the person with whom dvagi has entered into an agreement.
Parties: dvagi and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of dvagi.
Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
All prices that dvagi uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
Dvagi can change all prices that dvagi uses for its products, on its website or that are otherwise made known.
Increases in the cost prices of products or parts thereof, which dvagi could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Payments and payment term
Dvagi may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
The customer must make payments in arrears within after delivery.
Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without dvagi having to send the customer a reminder or notice of default.
Dvagi reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time
If the customer does not pay within the agreed term, dvagi is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default. where a part of a month is counted as a whole month.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to dvagi.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, dvagi may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, dvagi’s claims against the customer are immediately due and payable.
If the customer refuses to cooperate in the implementation of the agreement by dvagi, he is still obliged to pay the agreed price to dvagi.
Right of advertising
As soon as the customer is in default, dvagi is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Dvagi invokes the right of advertising by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to dvagi, unless the parties agree otherwise.
The costs for the return or return of the products will be borne by the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been tailor-made or adapted especially for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
• the product is not a loose magazine or newspaper
• the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via [email protected], if desired using the withdrawal form that can be downloaded via the website of dvagi, https://www.dvagi.nl.
4. The consumer is obliged to return the product to dvagi within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to dvagi in time, dvagi will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order. refund to the consumer.
2. The costs for delivery are only for the account of dvagi insofar as the complete order is returned.
Reimbursement return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
1. dvagi can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to dvagi, unless the customer has provided sufficient security for those costs. .
2. The right of retention also applies under previous agreements from which the customer still owes payments to dvagi.
3. dvagi is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to dvagi against a claim against dvagi.
Retention of title
1. dvagi remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to dvagi on the basis of any agreement concluded with dvagi, including claims regarding shortcomings in the compliance.
2. Until that time, dvagi can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If dvagi invokes its retention of title, the agreement will be dissolved and dvagi has the right to claim compensation, lost profit and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at dvagi, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, dvagi has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is default by creditors, with the result that the customer cannot object to dvagi for a late delivery.
1. The delivery times specified by dvagi are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from dvagi.
3. Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless dvagi cannot deliver within 14 days after being summoned to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which dvagi cannot be held liable. held for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to dvagi, failing which dvagi cannot be held liable for any damage.
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
1. Exchanging purchased items is only possible if the following conditions are met:
• exchange takes place within 14 days after purchase on presentation of the original invoice
• the product is returned in its original packaging or with the original (price) tags still attached
• the product has not yet been used
2. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.
The customer indemnifies dvagi against all claims from third parties related to the products and/or services supplied by dvagi.
- The customer must examine a product or service provided by dvagi as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform dvagi of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.
- Consumers must inform dvagi of this within 2 months after the discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that dvagi is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to dvagi being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify dvagi of any notice of default in writing.
- It is the customer’s responsibility that a notice of default actually reaches dvagi (on time).
Joint and several liability customer
If dvagi enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to dvagi under that agreement.
- dvagi is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If dvagi is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- dvagi is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If dvagi is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from v expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
- The customer has the right to dissolve the agreement if dvagi imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by dvagi is not permanently or temporarily impossible, dissolution can only take place after dvagi is in default.
- dvagi has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if dvagi has taken note of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by dvagi in the fulfillment of any obligation with regard to the customer cannot be attributed to dvagi in one of the will of dvagi independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of dvagi.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which dvagi cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until dvagi can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- dvagi does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
- If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
- The previous paragraph does not apply to products purchased in a physical store.
Change of terms and conditions
- dvagi is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- dvagi will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of dvagi.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what dvagi had in mind when drawing up the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where dvagi is located / has its practice / has its office is exclusively competent to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Updated on January 1, 2022.