Terms and Conditions
Overview of definitions
This website is operated by Strengthen.official.com. Strengthen (www.strengthen.official.com) fitness clothing for women.
Chamber of Commerce number: 87120569
Strengthen.contact@gmail.com
Definitions
The terms "us and our" refer to the Strengthen company. The term "you or your" refers to the reader of the general terms and conditions or the user of the website.
By visiting our site and/or purchasing something from us, you engage in the “service” that Strengthen provides and agree to be bound by the following terms and conditions (see “Terms of Service”, “Terms”). The Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing and using the site, you agree to be bound by these Terms of Service. If you do not agree to our terms, you may not access the website or other services. The Strengthen Company shall have all the right to update, change or replace these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check the website page for changes.
Consumer and parties
Any person or legal entity who may or may not act in the exercise of a profession or business, another party of Strengthen with whom Strengthen enters into an agreement or with whom Strengthen is in the process of limiting or negotiating the conclusion of a (purchase) agreement. Return costs are at the customer's expense. Any agreement to deliver products that is concluded digitally between Strengthen and the Buyer remotely;
All images, technical specifications that are the subject of an agreement may not be used without permission. You may not use it to transmit any form or virus or any code of a destructive nature. You may not use our products for any illegal or unauthorized purpose.
A breach or violation of any of the Terms will result in immediate termination of your Services.
offer
Any offer of Products, including the appropriate terms and conditions, made by Strengthen to the Buyer on the Homepage, catalog or otherwise. The price is stated for the Product offered, with the applicable conditions stated on the Strengthen Homepage.
Right of withdrawal
The period within which the Buyer and/or Consumer can terminate the agreement when purchasing products, without giving reasons. The right of withdrawal period is 14 days. These 14 days will start when the package has been delivered to the specified address.
Purchase agreement
The agreement for the delivery of Products that is concluded digitally between Strengthen and the Buyer remotely.
Buy remotely
The Strengthen website is an organized system for distance selling, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement. Strengthen offers an e-mail address for communication.
Article 2 - Applicability of the General Terms and Conditions
1. These general terms and conditions apply to all distance purchase agreements concluded between the entrepreneur and the consumer.
2. Before concluding the purchase agreement, the general terms and conditions are made available to consumers in a way that they can be stored by the consumer.
3. If additional or different conditions apply to the purchase agreement, these will be provided to the consumer in the same manner.
4. The Conditions are provided to the Buyer on the Homepage before the distance contract is concluded. The Buyer can take note of the contents of the Terms and Conditions before entering into the Agreement.
Article 3 - Purchase Agreement
1. The offer is described completely and truthfully by Strengthen, including the associated conditions.
2. Strengthen clearly and legibly states in the offer, and at the latest at the start of the ordering process, whether there are any restrictions on delivery and which payment methods are accepted.
3. The full purchase price is paid immediately in the webshop. Klarna and Afterpay will be paid within 14 days.
4. If the buyer does not pay within 14 days, the buyer is entitled to suspend the obligations until the buyer has fulfilled his payment obligation. If the buyer remains in default, the seller will proceed with collection. The costs related to this collection will be borne by the buyer. These collection costs are calculated on the basis of the decision on compensation for extrajudicial collection costs.
5. If the seller refuses to cooperate in the execution of the order, the buyer is still obliged to pay the agreed price.
6. As soon as the purchased Product has been received by the Buyer, the risk passes from the seller to the buyer.
Article 4 - Right of withdrawal
1. The consumer has the right to terminate the agreement within 14 days after receipt of the order without giving reasons (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer. The buyer pays the costs of return shipping.
2. The buyer can request and use a withdrawal form from the seller by e-mail.
3. During the reflection period, the consumer will handle the product and packaging with care. The Buyer will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If the buyer exercises his right of withdrawal, the buyer will return the unused and undamaged product with all supplied accessories and, if reasonably possible, in the original shipping packaging to the seller.
Article 5- Offers, quotations and price
1. Offers are without obligation, unless a term of acceptance is stated in the offer. The offer expires outside this period.
2. Offers and quotations do not apply to repeat orders. The offer consists of the purchase price including VAT and any other levies.
3. Delivery times in quotations are indicative and do not entitle the buyer to termination or compensation if they are exceeded, unless otherwise agreed in writing.
Article 6 - Termination or amendment of the agreement
1. If the Buyer has the right of withdrawal, exercises this right within the cooling-off period, and has informed the seller about this using the form for cancellation provided by the entrepreneur, or for other reasons, the agreement between the parties will be dissolved.
2. If during the execution of the agreement it appears that it is necessary to change or supplement the work to be carried out for the proper execution of the assignment, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
3. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.
4. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in writing in advance. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in this price being exceeded.
5. Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
Article 7- Payment
1. Until the deposit has been paid by the consumer, the consumer cannot assert any rights with regard to the execution of the agreement.
2. The part of the payment can be made afterwards. This must be paid within 14 days.
3. The seller can only deviate from the statutory interest and collection costs on the outstanding payment to the consumer's advantage.
Article 8 - Examination of Quality
1. The buyer is obliged to inspect the delivered goods at the time of receipt, but in any case within as short a period as possible. The buyer must investigate whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least that quality and quantity meet the requirements that apply in normal (trade) traffic.
2. If the complaint is declared well-founded within the specified period, the seller has the right to either repair or redeliver, or to refrain from delivery and send the buyer a credit note for that part of the purchase price.
4. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
Article 9- Delivery
1. The seller is responsible for delivering the purchase in a careful manner and delivers it to the indicated delivery address.
2. The buyer is obliged to accept the Products at the time (agreed time) at which they are delivered.
3. Risk and any damage resulting from the removal of the Products are always the responsibility of the Buyer.
4. If the Buyer does not accept the Products or does not accept them on time for a non-legal reason or refuses to do so. Strengthen is entitled to store the Products at the expense and risk of the Buyer and to sell them to the third party. The buyer remains liable for the purchase price, plus interest and costs for damages.
5. Strengthen has the right to deliver the order in parts at any time. If the seller needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to the seller. If agreements are only concluded remotely, it is evident that the data is known in advance
Article 10- Force majeure
1. If the seller Strengthen cannot fulfill the obligations under the agreement due to force majeure, Strengthen is not liable.
2. Force majeure means that the parties could not take into account the consequences of which the normal performance of the agreement could not be expected by the Buyer, for example illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, company occupation, strike, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller's business.
3. The parties under force majeure are the circumstance that supply companies on which the Seller depends for the execution of the agreement, the sellers are not responsible.
4. If the force majeure continues for more than 4 months, the buyer has the right to terminate the agreement with immediate effect. This is only possible with a digital signature.
Article 11- Rights
1. A party's rights under this agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.
2. The goods present at the seller's premises and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back items.
3. If the agreed amount is not paid on time, the seller has the right to suspend the work until the agreed part has been paid.
4. The seller is not authorized to pledge or encumber items subject to his retention of title in any other way.
5. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.
6. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and as agreed.
7. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.
Article 13- Liability
1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
2. The seller's liability for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.
Article 14- Warranty
1. The seller is responsible for ensuring that each purchase meets the specifications of the offer and the reasonable requirements for normal use. The warranty applies for a period of 14 days after receipt of the product from Strengthen.
2. The intended guarantee serves to create a risk distribution between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always entirely at the expense and risk of the seller and that the seller can never be held responsible for a breach of a guarantee. relying on Article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known through conducting an investigation.
3. The above-mentioned warranties do not apply in the event of normal wear and tear or damage caused by culpable improper use.
Article 15 - obligation to complain
1. The buyer is obliged to report complaints about the work performed immediately to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair the good and, if necessary, replace it.
Section 16- Changes to Terms of Service.
1. Strengthen reserves the right to update, change or replace portions of the Terms of Service. It is the buyer's responsibility to check the website for changes.