Terms & Conditions

Article 1 – Definitions
In these terms and conditions, the following is understood:

  • Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract concerning a series of products and/or services, whose delivery and/or purchase obligations are spread over time;

  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;

  • Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using exclusively one or more techniques for distance communication up to and including the conclusion of the contract;

  • Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location;

  • Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Applicability
These terms and conditions apply to every offer by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur and, at the consumer's request, will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier.

If this is reasonably not possible, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent free of charge upon the consumer’s request.

If, in addition to these general terms, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision most favorable to them.

If one or more provisions in these terms are wholly or partially nullified or annulled, the remaining terms and the agreement remain in effect, and the nullified provision will be replaced in mutual consultation with one that approximates the original intent.

Situations not covered by these terms shall be assessed “in the spirit” of these terms.
Ambiguities in the interpretation of one or more provisions shall be interpreted “in the spirit” of these terms.

Article 3 – The Offer
If an offer has a limited validity or is conditional, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. Images used are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications are indicative and cannot justify compensation or dissolution of the contract. Product images are a faithful representation of the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the real colors.

Each offer contains information that makes it clear to the consumer what rights and obligations are connected to the acceptance of the offer. This includes, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal or courier service will apply the special regulation for customs when importing goods into the EU country of destination;

  • any shipping costs;

  • how the contract will be concluded and the necessary steps;

  • the applicability of the right of withdrawal;

  • the method of payment, delivery, and performance of the contract;

  • the period of acceptance of the offer or the period during which the entrepreneur guarantees the price;

  • the rate for distance communication if the costs differ from the standard rate;

  • whether the contract will be archived and how the consumer can access it;

  • how the consumer can verify and correct data provided for the contract;

  • any other languages in which the contract can be concluded besides Dutch;

  • codes of conduct to which the entrepreneur subscribes and how the consumer can consult them electronically;

  • the minimum duration of a distance contract in case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Contract
The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt electronically. Until this receipt is confirmed, the consumer may dissolve the contract.

When the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe website environment. If the consumer can pay electronically, appropriate security measures will be taken.

The entrepreneur may, within legal limits, check whether the consumer can meet payment obligations and other relevant factors for responsible contract conclusion. If there are justified grounds not to enter the contract, the entrepreneur may refuse an order or request under specific conditions.

The entrepreneur will provide the following information with the product or service, in writing or in a form the consumer can store on a durable data carrier:

  1. physical address for complaints;

  2. conditions and procedures for exercising the right of withdrawal;

  3. warranty and after-sales service information;

  4. details mentioned in Article 4(3) unless already provided;

  5. requirements for termination if the contract exceeds one year or is indefinite.

In case of a duration transaction, this applies only to the first delivery.

Every contract is subject to the availability of the products.

Article 5 – Right of Withdrawal
Consumers may withdraw from the purchase within 14 days without giving a reason. The period begins the day after receipt by the consumer or a designated representative.

During the withdrawal period, the consumer must handle the product and packaging carefully. The product should only be unpacked or used to the extent necessary to assess whether they wish to keep it. Products must be returned with all accessories and, if reasonably possible, in their original state and packaging according to the entrepreneur's instructions.

Notification of withdrawal must be made within 14 days of receipt, by written message/email to everfitworld@outlook.com. Products must be returned within 14 days, with proof of shipment.

If the consumer does not notify within the period or fails to return the product, the purchase is final.

Article 6 – Costs of Withdrawal
The consumer bears the cost of returning the product. Paid amounts will be refunded within 14 days after withdrawal, provided the product has been received in good condition or proof of return is provided.

Article 7 – Exclusion of Withdrawal
Withdrawal can be excluded for:

  • Custom-made, personalized, or perishable products;

  • Sealed hygiene or audio/video products where the seal is broken;

  • Services such as travel, events, or bets once performed.

Exclusion must be clearly stated in the offer.

Article 8 – Price
Prices are fixed for the period stated in the offer unless changes in VAT rates apply.
Products with variable prices due to market fluctuations may be offered with variable pricing.

Delivery outside the EU means VAT is charged by the local courier/post upon import.

Article 9 – Identity of the Entrepreneur

  • Business Name: EverFit

  • Business Address: Jelte Binnesweg 32

  • Email: everfitworld@outlook.com

  • Chamber of Commerce Number: [YOUR KVK NUMBER]

  • VAT ID: [YOUR VAT ID]

Article 10 – Conformity and Warranty
Products/services conform to the contract, offer specifications, and legal requirements. Manufacturer guarantees do not limit statutory rights.

Any defects must be reported within 14 days. Returned products must be in original packaging and unused.

Article 11 – Delivery and Execution
Orders are processed with care and delivered to the address provided by the consumer. Orders are fulfilled within 30 days unless a longer delivery time is agreed.

If a product is unavailable, a replacement may be offered. Delivery risk remains with the entrepreneur until delivery to the consumer or designated representative.

Article 12 – Duration Transactions
Termination and extension rules apply for ongoing product/service delivery contracts, with notice periods and limits specified.

Article 13 – Payment
Amounts due must be paid within 7 working days unless otherwise agreed. The consumer must report incorrect payment data immediately. Late payments may incur reasonable fees.

Article 14 – Complaints
Complaints must be submitted within 7 days of noticing the defect. The entrepreneur responds within 14 days or provides an acknowledgment and expected response date.

Article 15 – Disputes
Dutch law applies to all agreements, even if the consumer resides abroad.

Article 16 – CESOP
As of 2024, payment service providers may register data in the EU CESOP system due to VAT compliance.