{"id":1930,"date":"2024-04-23T09:21:59","date_gmt":"2024-04-23T09:21:59","guid":{"rendered":"https:\/\/himero.io\/terms-and-conditions\/"},"modified":"2026-01-09T10:34:18","modified_gmt":"2026-01-09T10:34:18","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/himero.io\/benl\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t
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Terms and Conditions<\/h1>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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1 Contractual partner<\/h3>\n

FitSmart B.V.
Stadhouderskade 5
1054 ES Amsterdam
The Netherlands<\/p>\nCalled contractual partner in the following text.\n

2 General, scope of application<\/h3>\nAll services provided by the contractual partner for the customer shall be performed\nexclusively 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.\n

3 Payment, due date, default of payment<\/h3>\n
    \n \t
  1. Payment for the goods can be made by credit card or PayPal,\nImmediate bank transfer or on account. The contractual partner reserves the right to\nto accept or exclude certain payment methods in individual cases.<\/li>\n \t
  2. When paying by Paypal, the customer undertakes to pay the purchase price after\nconclusion of the contract without delay.<\/li>\n \t
  3. If the customer is in default of payment, he shall be entitled to any\nnegligence. He is also liable for coincidence due to the service, unless,\nthat the damage would have occurred even if the payment had been made on time.<\/li>\n \t
  4. The purchase price shall bear interest during the period of default. The default interest rate is\nfive percentage points above the base interest rate for the year. For legal transactions involving\nin which a consumer is not involved, the interest rate is eight percentage points above\nthe base interest rate.<\/li>\n \t
  5. The assertion of further damages is not excluded.<\/li>\n<\/ol>\n

    4 Delivery<\/h3>\n
      \n \t
    1. Delivery shall be made by sending the goods to the address specified by the customer.\nAddress. The delivery period is generally 3-5 working days after receipt of the order.\npurchase price. This information is non-binding unless otherwise agreed.<\/li>\n \t
    2. The delivery will be made against the\nPackaging and shipping costs. For deliveries abroad, unless otherwise agreed\nthe price for packaging and shipping is indicated separately according to weight.\ncalculated. If the customer requests a special type of shipment that requires higher\ncosts are incurred, he must also bear these additional costs.<\/li>\n<\/ol>\n

      5 Retention of title<\/h3>\nThe goods remain the property of the contractual partner until full payment has been made.\nPledging, transfer of title by way of security, processing, transfer of ownership\nor redesign without the express consent of the contractual partner.\npermissible.\n

      6 Prices<\/h3>\n
        \n \t
      1. The price quoted for our goods is the final price,\nincluding any applicable VAT and other price components. The\nPrice does not include delivery and shipping costs.<\/li>\n \t
      2. With the updating of the Internet pages of the contractual partner, all previous\nPrices and other information about goods are invalid.<\/li>\n \t
      3. The price at the time the invoice is issued shall be decisive for invoicing.\nOffer of the customer.<\/li>\n<\/ol>\n

        7 Right of revocation<\/h3>\n
          \n \t
        1. The contractual partner is also entitled to withdraw from the contract with regard to an outstanding\npart of the delivery or service if false information about the delivery or service is provided.\ncreditworthiness of the customer has been made or objective reasons regarding the\nthe customer\u2019s ability to pay and the customer, at the request of the\ncontractual partner, neither makes advance payment nor provides a suitable\nsecurity or if insolvency proceedings are instituted against the customer\u2019s assets.\nor an application for the initiation of insolvency proceedings has been filed for lack of\nassets to cover costs.<\/li>\n \t
        2. Irrespective of the contractual partner\u2019s claims for damages, in the event of\npartial withdrawal, partial services already rendered shall be invoiced and paid for in accordance with the contract.\npay.<\/li>\n<\/ol>\nCancellation policy\nYou have the right to cancel this contract within fourteen days without giving any reason.\nto revoke.\nThe withdrawal period is fourteen days:\n
            \n \t
          1. In the case of a purchase contract from the day on which you or one of you\nnamed third party who is not the carrier has taken possession of the goods\nhave or has.<\/li>\n \t
          2. In the case of a contract for several goods that are to be delivered as part of a\nwere ordered as a single order and which are delivered separately from\nthe day on which you or a third party designated by you who is not the\ncarrier, have taken possession of the last goods.<\/li>\n \t
          3. In the case of a contract for the regular delivery of goods via a\nperiod from the day on which you or one of your authorized\nnamed third party, who is not the carrier, takes possession of the first goods.\nhave taken or has taken.<\/li>\n<\/ol>\nTo exercise your right of withdrawal, you must inform the contractual partner by means of a\nclear declaration (e.g. a letter sent by post or e-mail) about your\ninform us of your decision to withdraw from this contract. Please fill in the\nthe following withdrawal form and have it signed and sent to us by e-mail\nto come:\n\n\u2013 Sample withdrawal form beginning \u2013\n\nRevocation\n\nI\/we (*) hereby revoke the contract concluded by me\/us (*) for the\nPurchase of the following goods (*)\/provision of the following service (*):\n__________________________\n____________________________________________________\n____________________________________________________\n\nOrder number \/ Order: ___________________________________\nOrdered on (*)\/received on (*):\n__________________________________________\nName of the consumer(s):\n__________________________________________\nAddress of the consumer(s):\n__________________________________________\n________________________________________\nSignature of the consumer(s)\n\nDate: __________________________________\n\n(*) Delete as appropriate.\n\n\u2013 Sample withdrawal form End-\n\nTo meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.\n

            Consequences of revocation<\/h3>\nIf you withdraw from this contract, we will have refunded all payments we have received from you.\nincluding delivery costs (with the exception of additional costs,\narising from the fact that you have chosen a different type of delivery than the one we\noffered, most favorable standard delivery), without undue delay and no later than\nwithin fourteen days from the day on which you receive the notification of your\nrevocation of this contract has been received by us. For this repayment use\nthe same means of payment that you used for the original transaction.\nhave, unless expressly agreed otherwise with you; in no event shall the\nIn this case, you will be charged fees for this repayment\nWe may refuse to make a refund until we have received the goods back\nor until you have provided proof that you have returned the goods.\ndepending on which is the earlier point in time.\nYou must return the goods immediately and in any case within fourteen\ndays from the day on which you inform us of the revocation of this contract to\nreturned or handed over to the contractual partner. The deadline is met if\nyou send the goods before the period of fourteen days has expired.\nReturns will only be accepted if the goods are sent back postage paid\nstating the name, address, telephone number and order number.\nYou only have to pay for any loss in value of the goods if this\nloss of value to one for the examination of the condition, properties and\nfunctionality of the goods is not necessary handling with them.\n

            Exclusion of the right of withdrawal<\/h3>\nOrders for sealed goods, e.g. also for food supplements, which\nnot suitable for return for reasons of health protection or hygiene\nif their seal has been removed after delivery or from goods that have been\nare not prefabricated and for the production of which an individual selection or\nthe consumer is decisive or which clearly refers to the consumer\u2019s\nare tailored to the personal needs of the consumer or of goods that are\nspoil quickly or whose expiration date would be quickly exceeded,\ncannot be revoked.\n\u2013 End of the withdrawal policy \u2013\n

            8 Warranty<\/h3>\n
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            1. If the item is defective, the customer shall have the right, as subsequent performance according to his\nchoice of rectification of the defect or delivery of a defect-free item\ndemand. The contractual partner may choose the type of subsequent performance selected by the customer.\nif this is only possible at disproportionate cost. These are\nin particular the value of the item in a defect-free condition, the significance of the\ndefect and the question of whether the other type of subsequent performance can be\ncould be used without significant disadvantages for the buyer. The claim\nof the customer is limited in this case to the other type of subsequent performance; the\nright of the contractual partner to also demand these under the conditions of sentence 1\nThe right to refuse the use of the goods remains unaffected.<\/li>\n \t
            2. If the goods have already been used, wear and tear or\nimproper use of the goods after return, a reduction in value has been ascertained.\nwhich is offset against a refund of the purchase price.<\/li>\n \t
            3. If the purchase is a commercial transaction for both parties, the customer must\nimmediately after delivery, insofar as this is possible in the ordinary course of business.\nis feasible. If a deficiency becomes apparent, he has given us this\nimmediately. If the customer fails to notify us, the goods shall be deemed to be\napproved, unless the defect in question is one that has not been\nexamination was not recognizable. If such a defect becomes apparent at a later date, the\nbe made immediately after discovery; otherwise the goods shall be deemed to be\nshall also be deemed approved in view of this defect. These provisions do not apply,\nif the defect was fraudulently concealed. To preserve the rights of the customer\ntimely dispatch of the notification is sufficient.<\/li>\n \t
            4. If the contractual partner delivers a defect-free item for the purpose of subsequent performance,\nhe may demand the return of the defective item from the customer.<\/li>\n \t
            5. Damage caused by improper or non-contractual measures by the customer,\nduring installation, connection, operation or storage,\ndo not constitute a claim against the contractual partner. The inappropriateness and\nThe lack of conformity is determined in particular by the information provided by the manufacturer of the\ndelivered goods.<\/li>\n<\/ol>\n

              9 Limitation of liability<\/h3>\n
                \n \t
              1. For claims other than those arising from injury to life, limb and health\nThe contractual partner shall only be liable for damages insofar as these damages are due to intentional or\ngross negligence or culpable breach of a material contractual obligation.\ncontractuele verplichting door de contractpartner of zijn plaatsvervangers. One\nAny further liability for damages is excluded. The\nThe provisions of the Product Liability Act remain unaffected by this.<\/li>\n \t
              2. According to the current state of the art, data communication via the\nInternet cannot be guaranteed to be error-free and\/or available at all times. The\nThe contractual partner is therefore not liable for the availability of the online store at all times<\/li>\n<\/ol>\n

                10 Data protection<\/h3>\nAll personal data required for the execution of the order is stored in\nstored in machine-readable form and treated confidentially. The data required for processing\ndata required for an order, such as name and address, are stored in the\nExecution of the delivery to the party commissioned to deliver the goods\npassed on to the company.\n

                11 Place of jurisdiction<\/h3>\nThe contracting parties agree to the application of Dutch law.\nThe place of jurisdiction for disputes arising from the contract is Amsterdam\nagreed.\n

                12 Severability clause<\/h3>\nShould any provision of these GTC be or become invalid or unenforceable,\nthe remaining provisions of these GTC shall remain unaffected.\n

                13 Withdrawal from the contract<\/h3>\nIn the event of a justified withdrawal from the contract by a consumer, a\nReimbursement of the purchase contract only step by step against restitution of the goods delivered by the\ngoods received by the buyer. The condition for this is that the goods must be in their original packaging and\nis undamaged and the original invoice is enclosed. In the case of articles that are\nsigns of use are impaired or their packaging is damaged, a\nappropriate compensation for the reduction in value. The costs of the\nReturns are at the expense of the buyer.\nKlarna\nIn cooperation with\u00a0Klarna Bank AB (publ)<\/a>, Sveav\u00e4gen 46, 111 34 Stockholm,\nSweden, we offer the following payment options. Payment is made in each case\nto Klarna:\n
                  \n \t
                • Invoice: The payment period is [14] days from dispatch of the goods\/ticket\/\nor, in the case of other services, the provision of the\nService. The complete billing conditions for the countries in\nwhere this payment method is available can be found here: Germany, Austria.<\/li>\n \t
                • Installment purchase: With Klarna\u2019s financing service, you can pay for your purchase in installments.\nfixed or flexible monthly installments at the rates specified in the cash register.\nPay conditions. Payment in installments is due at the end of the month following\nThe payment is due when a monthly invoice is sent by Klarna. Further information\nfor installment purchases including the General Terms and Conditions and the\nEuropean standard information for consumer credit for the countries in\nwhere this payment method is available can be found here (only in the specified\ncountries available): Germany, Austria.<\/li>\n \t
                • Sofort\u00fcberweisung: Available in Germany, Austria. The load on your\naccount immediately after placing the order.<\/li>\n \t
                • Direct debit: The amount will be debited after the goods have been dispatched. The time will be\nYou will be notified by e-mail. Further information can be found here.<\/li>\n \t
                • Credit card (Visa\/Mastercard): Available in Germany. The debit is made\nafter dispatch of the goods or tickets \/ availability of the service or in the case of\nof a subscription according to the communicated times.<\/li>\n<\/ul>\nThe use of the payment methods invoice, installment purchase and direct debit requires a positive\nCredit check required. In this respect, we forward your data as part of the purchase initiation\nand processing of the purchase contract to Klarna for the purpose of address and\nCredit check continues. Please understand that we can only offer you those\noffer payment methods that are permitted based on the results of the credit check.\nare. Further information and Klarna\u2019s terms of use can be found here.\nGeneral information about Klarna can be found here. Your personal data will be\nby Klarna in accordance with the applicable data protection regulations and\ntreated in accordance with the information in Klarna\u2019s privacy policy.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                  Terms and Conditions 1 Contractual partner FitSmart B.V.Stadhouderskade 51054 ES AmsterdamThe 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1930","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/pages\/1930","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/comments?post=1930"}],"version-history":[{"count":21,"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/pages\/1930\/revisions"}],"predecessor-version":[{"id":2017910,"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/pages\/1930\/revisions\/2017910"}],"wp:attachment":[{"href":"https:\/\/himero.io\/benl\/wp-json\/wp\/v2\/media?parent=1930"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}