General terms and conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Trader Identity
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal, Exchanges and Cancellations
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Performance
Article 12 - Continuous Transactions: Duration, Termination and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Right of Withdrawal
Article 16 - Disputes
Article 17 - Additional or Deviating Provisions
Article 18 - Complaints Procedure
Article 1 - Definitions
In these terms, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: any natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or performance of which is spread over time;
Durable medium: any medium by which the consumer or trader can store information addressed to them personally in such a way that it can be accessed and reproduced in an unaltered form at a later date.
Right of withdrawal: the consumer's right to withdraw from the distance contract during the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the trader, which the consumer may complete when exercising their right of withdrawal.
Trader: any natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract entered into in the context of a system organised by the trader for the distance sale of products and/or services, where, up to and including the conclusion of the contract, only one or more distance communication techniques are used;
Distance communication technique: a means that may be used to conclude a contract without the consumer and trader meeting simultaneously in the same place.
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 - Trader Identity
Name: RK Online Diensten
Address: Koornmarktpoort 25B, 8253TE, Dronten, Netherlands
Telephone number: +31850600473
Email address: info@loopbandspecialist.nl;
Chamber of Commerce number: 68226942;
VAT identification number: NL002312285B82;
If the trader's activity is subject to a relevant licensing system: the
details of the supervisory authority:
If the trader is engaged in a regulated profession:
the professional association or organisation of which they are a member;
the professional title and the place in the EU or European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.
Article 3 - Applicability
These General Terms and Conditions apply to any offer made by the trader and to any distance contract concluded and any orders placed between the trader and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded that the General Terms and Conditions are available from the trader and shall be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, by way of derogation from the preceding paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded where the General Terms and Conditions can be accessed by electronic means and that they shall be sent to the consumer free of charge by electronic means or otherwise upon request.
If, in addition to these General Terms and Conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, the contract and these terms and conditions shall remain in force in all other respects, and the provision in question shall be replaced as soon as possible by agreement between the parties with a provision that closely approximates the original intent.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.
The offer is non-binding. The trader is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an informed assessment of the offer. If the trader uses images, these shall be a faithful representation of the products and/or services offered. Obvious misunderstandings or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and may not give rise to a claim for damages or the termination of the contract.
Images accompanying products are a faithful representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Every offer shall contain such information that the consumer clearly understands their rights and obligations associated with accepting the offer. This includes in particular:
the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and the actions required for this purpose;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the standard basic rate for the communication medium used;
whether the contract is archived after it is concluded and, if so, how the consumer can access it;
the manner in which the consumer can check and, if desired, correct the data they have provided in connection with the contract before concluding the contract;
any other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the trader has submitted and the manner in which the consumer can access these codes of conduct by electronic means; and
the minimum duration of the distance contract in the event of a continuous transaction.
Optional: available sizes, colours, types of materials.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and complies with the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may, within the limits of the law, ascertain whether the consumer is able to fulfil their payment obligations, as well as all facts and circumstances relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
When providing the product or service to the consumer, the trader shall also provide the following information in writing or in such a way that the consumer can easily store it on a durable medium:
a. the address of the trader's premises where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about warranties and existing after-sales service;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the event of a continuous transaction, the provision in the preceding paragraph applies only to the first delivery.
Every contract is subject to the suspensive condition that the relevant products are sufficiently available.
Article 6 - Right of Withdrawal
For the delivery of products:
When purchasing products, the consumer has the option to terminate the contract without giving reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative designated by the consumer in advance and notified to the trader receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must notify the trader using the model withdrawal form. After the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of dispatch.
If the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is final.
Products that are specially made to order for you, such as treadmill belts, are not covered by the statutory right of withdrawal. This means that these products cannot be returned or cancelled based on the cooling-off period after they have been produced. This exception applies to products that have been manufactured according to your specifications and are therefore not suitable for sale to another customer.
For the delivery of services:
When services are delivered, the consumer has the option to terminate the contract without giving reasons within at least 14 days, starting on the day the contract is concluded.
To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or, at the latest, at the time of delivery.
Article 7 - Costs in Case of Withdrawal, Exchanges and Cancellations
If the consumer exercises their right of withdrawal, the transport costs shall be borne by them.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.
If the product is damaged due to the consumer's own negligent handling, the consumer is liable for any reduction in the product's value.
When returning products, the costs of the outbound and return shipment shall be borne by the customer, unless the return is due to a major manufacturing defect. If the defect can be resolved with a simple action or minor adjustment, and this can reasonably be expected of the customer, it will not be considered a major manufacturing defect. Because many of our shipments, but not all, are so large and heavy, we provide below an overview of the average costs for pallet shipments per collection order within the Netherlands required to book a return:
| Shipping a Euro pallet or block pallet in the Netherlands (up to 220 cm) | Pallet size | Maximum weight | All zones (except the Wadden Islands) |
|---|---|---|---|
| Shipping a half Euro pallet (mini pallet) in the Netherlands | 0.2 | 400 kg | € 55.00 |
| Shipping 1 Euro pallet in the Netherlands | 0.4 | 800 kg | € 70.50 |
| Shipping 1 block pallet in the Netherlands | 0.5 | 1000 kg | € 83.50 |
| Shipping 2 Euro pallets in the Netherlands | 0.8 | 1600 kg | € 131.50 |
| Shipping 2 block pallets in the Netherlands | 1 | 2000 kg | € 159.00 |
| Shipping 3 Euro pallets in the Netherlands | 1.2 | 2400 kg | € 191.00 |
| Shipping 3 block pallets in the Netherlands | 1.5 | 3000 kg | € 228.50 |
Below is an overview of the average costs per collection order within Belgium required to book a return:
| Transporting a Euro pallet or block pallet to and from the Netherlands and Belgium (up to 200 cm) | Pallet size | Maximum weight | Zone 1000-4999 / 9000-9999 | Zone 5000-6699 / 6800-7999 / 8000-8999 |
|---|---|---|---|---|
| Shipping a half Euro pallet (mini pallet) | 0.2 | 400 kg | € 61.50 | € 68.50 |
| Shipping 1 Euro pallet | 0.4 | 800 kg | € 72.50 | € 82.50 |
| Shipping 1 block pallet | 0.5 | 1000 kg | € 85.50 | € 97.50 |
| Shipping 2 Euro pallets | 0.8 | 1600 kg | € 135.50 | € 162.50 |
| Shipping 2 block pallets | 1 | 2000 kg | € 153.50 | € 190.00 |
| Shipping 3 Euro pallets | 1.2 | 2400 kg | € 197.00 | € 252.50 |
| Shipping 3 block pallets | 1.5 | 3000 kg | € 214.00 | € 287.50 |
| Shipping 4 Euro pallets | 1.6 | 3200 kg | € 256.00 | € 310.00 |
| Shipping 4 block pallets | 2 | 4000 kg | € 313.00 | € 370.00 |
| Shipping 5 Euro pallets | 2 | 4000 kg | € 313.00 | € 370.00 |
Explanation: these are the rates from Freightwatch.eu - respectively also available on their website.
For a return shipment, you can request the invoice originally paid by us for the transport costs and we will subsequently share this with you for full transparency.
If a disassembly service is required to move a heavy device and prepare it for return, these costs are also the customer's responsibility. These costs depend on the location of the device and the labour intensity and the difficulty of the specific job, depending on the number of devices and the available space for indoor transport of the device or devices. Before we charge costs, we will always give the customer an update on the costs in advance.
When placing an online order, a purchase agreement is created between you and the seller. Until the moment of transfer of possession, the risk of any damage or loss of the package lies with the seller. This means that the seller is responsible for the safe transfer of the product until you actually receive it. From the moment of transfer of possession, the risk passes from the seller to the buyer.
If the product is damaged or lost during the return shipment, this is at the buyer's expense. After transfer of possession, the buyer bears the responsibility to ensure that the product arrives safely and undamaged at the respective seller.
We therefore advise all customers to carefully pack the return shipment and, if necessary, use a reliable shipping service with corresponding tracking options to be able to follow the status of the return.
Exchanges
At Loopbandspecialist.nl we understand that it may sometimes be necessary to exchange a product. Below you will find our exchange policy:
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Shipping costs
When exchanging a product, the shipping costs for returning and reshipping are charged to the customer. -
Disassembly service
If you wish to use our disassembly service, we would like to point out that the disassembly costs are comparable to our installation costs. This service is optional and is at the customer's expense. -
Cost information:
Before an exchange order is processed, you will always receive clear information about the possible costs associated with this.
We strive to make your exchange experience as smooth as possible. If you have any questions about our exchange policy, you can always contact us.
Cancellation costs
Cancellation conditions apply to business customers and are intended to promote a transparent and fair relationship. We ask business customers to carefully review these conditions.
In the event of cancellation of an order by business customers, cancellation costs are charged. These costs amount to 15% of the total amount of the original order.
Reason for cancellation costs: Cancellation entails administrative and logistical costs, including order processing, inventory management and freeing up reserved products.
Applicability to business customers: cancellation costs apply specifically to business customers. The decision to cancel may affect preparations already made and the loss of potential income.
Article 8 - Exclusion of right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the trader according to the consumer's specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can quickly deteriorate or become obsolete;
e. whose price is linked to fluctuations in the financial market over which the trader has no control;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal.
h. for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
b. where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. relating to bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no control, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing – and typesetting errors. No liability is accepted for the consequences of printing – and typesetting errors. In the event of printing – and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writing to the trader within 4 weeks after delivery. The return of the products must be done in the original packaging and in new condition.
The trader's warranty period corresponds to the factory warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
Situations in which the warranty does not apply
-
Damage due to incorrect assembly or incorrect adjustment
- Use of non-original parts or (self) repairs and/or modifications to the technical components (for example under the hood) of the device, carried out by unauthorized technicians
-
Damage due to overloading or improper use
-
Wear and tear due to lack of maintenance or improper use
-
Malfunctions, changes, updates, functionalities in third-party apps
-
Damage caused by external factors, such as: water, moisture, sweat, condensation, heat, frost, dust, sand, or chemicals
-
Normal wear and tear due to prolonged use or lack of maintenance
-
Damage due to modifications or adjustments (e.g. drilling, welding, removing parts yourself)
- Minor cosmetic deviations, such as a small scratch, a slight discoloration or a tiny dent or a similar situation that does not affect the use or safety of the device.
- Defects resulting from incorrect electrical connection or voltage problems
- Resale (from original buyer to new owner)
10.1 - Additional explanation of warranty conditions
The fitness equipment supplied by us is covered by a warranty against manufacturing and material defects in accordance with the warranty conditions of the respective manufacturer or supplier.
10.1.1 - Warranty on parts
If a defective part is identified within the applicable warranty period that falls under the factory warranty, the part in question will be made available free of charge.
10.1.2 - Labour costs and technician visits
Labour costs, installation work, diagnosis, call-out costs and repair visits are not automatically covered by the same warranty period as the parts.
If a labour warranty applies to a product, the duration of this warranty can be found on the product page.
After the expiration of this period, labour, transport and call-out costs may be charged, even when replacement parts still fall under the factory warranty.
Our area of operation is the Benelux. The commercial warranty, including the warranty on parts and labour, is only valid if the product is located within the Benelux (Netherlands, Belgium or Luxembourg).
10.1.3 - Wear and tear and use
Normal wear and tear, improper use, overdue maintenance, pollution, overloading, moisture/water damage and damage caused by improper use are not covered by the warranty.
Article 11 - Delivery and execution
The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without costs. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not give the consumer a right to compensation.
In the event of rescission in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.
If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. No later than at delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the customer's own expense, unless a defect is the cause of the return. Our free delivery service delivers up to the front door, if the front door is accessible from the street. Otherwise, it will be delivered as close as possible to the front door, on location in consultation with the customer.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a previously designated representative known to the trader, unless expressly agreed otherwise.
11.1 – Transport damage and inspection upon delivery
The trader takes the necessary care to carefully pack and ship the ordered products. The risk of damage or loss during transport remains with the trader upon delivery to consumers until the moment the order is delivered to the consumer, or to a third party designated by the consumer who is not the carrier, unless the law states otherwise.
The customer is requested to immediately inspect the shipment upon delivery, as far as reasonably possible, for visible damage to the packaging, pallet and/or product.
If visible damage to the packaging, pallet or product is found upon delivery, we request the customer:
- report the damage directly to the carrier if possible and have it noted on the delivery or receipt proof;
- take clear photos of the outside of the packaging, the entire shipment, the shipping label, the pallet if any, and the found damage;
- keep the original packaging, pallet, protective materials and other packaging materials until the damage claim has been fully handled; and
- report the transport damage in writing to the trader as soon as possible after receipt.
When damage only becomes visible after opening the packaging, we also request the customer to report this in writing to the trader as soon as possible after discovery and to provide the above photos and information.
A report of transport damage should, as far as possible, be provided with the order number, a description of the damage and clear photos of the product and the entire packaging. The customer must provide reasonable cooperation with any investigation by the trader, carrier, supplier or insurer.
Damage that can be proven to have occurred after delivery due to moving, assembly, storage, improper use or the actions of the customer or a third party engaged by the customer, is not considered transport damage for which the trader is responsible.
For business customers (B2B), visible transport damage must be noted directly on the bill of lading, CMR or receipt upon delivery and reported in writing to the trader as soon as possible. As far as legally permitted, failure to report in time or the lack of sufficient evidence may have consequences for the possibility of processing a damage claim.
11.2 – No-show costs for made appointments on location
When an appointment has been made with the customer by email or telephone for delivery, installation, maintenance, repair or a service visit, it is assumed that the customer is present and reachable at the agreed time.
If our technicians or delivery drivers come to the stated address according to the appointment, but the work cannot be carried out because the customer is not present and/or not reachable, we reserve the right to charge no-show costs and wasted call-out costs.
For the time spent traveling, €50.00 excluding VAT per hour will be charged. This includes both the outbound and return journey.
In addition, if applicable, demonstrably incurred additional costs can be charged, for example for special transport, extra staff or other costs specifically incurred for the appointment.
When a new appointment is scheduled, the usual costs for delivery, installation, call-out and/or work will be recalculated.
No-show costs are not charged when the appointment is canceled or rescheduled in time and demonstrably.
An appointment can be canceled or rescheduled free of charge up to 24 hours before the agreed time. In the event of cancellation or rescheduling within 24 hours before the appointment, we reserve the right to charge already incurred costs and reserved capacity.
Article 12 - Fixed-term transactions: duration, termination and extension
termination
A consumer may terminate at any time an agreement concluded for an indefinite period which extends to the regular supply of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.
A consumer may terminate at any time an agreement concluded for a fixed period which extends to the regular supply of products (including electricity) or services, at the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may:
terminate the agreements referred to in the preceding paragraphs at any time and shall not be restricted to termination at a particular time or within a particular period;
terminate them at least in the same manner as they were concluded;
terminate them at any time with the same notice period as the trader has agreed for themselves.
Extension
An agreement concluded for a fixed period which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, an agreement concluded for a fixed period which extends to the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period which extends to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and, in the case of an agreement extending to the regular supply of daily, news and weekly newspapers and magazines less than once a month, with a notice period of no more than three months.
An agreement concluded for a limited period for the regular supply of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically expire at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the expiry of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to promptly notify the trader of any inaccuracies in the payment details provided or stated.
In the event of non-payment by the consumer, the trader has the right, subject to any legal limitations, to charge the reasonable costs disclosed to the consumer in advance.
Payment period and consequences of late payment
13.1 - The customer must make payments within the agreed timeframes. If payment by instalments has been agreed, each instalment must be paid no later than the specified deadline.
13.2 - If a payment deadline is exceeded, the customer will receive an initial free reminder with a payment period of 14 days.
13.3 - If payment is not made within this period, the customer will be in default without further notice of default, and we reserve the right to charge statutory collection costs and interest in accordance with applicable law.
13.4 - Statutory collection costs are calculated based on the outstanding amount, with a minimum of €40 for consumers, and the statutory interest is 6% per annum for consumers and 12% per annum for business customers, unless otherwise agreed.
13.5 - If payment is not received, we reserve the right to take further legal action and/or refer the claim to a collection agency, the additional costs of which shall be borne by the customer.
Article 14 - Complaints procedure
The trader has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader within 7 days of the consumer discovering the defects, fully and clearly described.
Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall answer within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute shall arise which is subject to the dispute resolution procedure.
In the event of a complaint, a consumer should first contact the trader. If the webshop is a member of Stichting WebwinkelKeur and complaints cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Right of withdrawal
Information about warranty & returns
Returns
You have the right to cancel your order without giving any reason up to 14 days after receipt. After cancellation, you have another 14 days to return your product. You will then receive a full credit of the order amount, including shipping costs. Only the costs of returning the product from your home to the webshop are at your own expense. If you exercise your right of withdrawal, the product must be returned to the trader with all delivered accessories and, if reasonably possible, in its original condition and packaging. To exercise this right, you can contact us at info@loopbandspecialist.nl. We will then refund the outstanding order amount within 14 days of receipt of your return, provided that the product has already been received back in good condition. The Money-Back Guarantee is a reference to your right of withdrawal.
Exceptions to returns
Products that meet one or more of the following criteria cannot be returned:
a. Sealed products. If the seal is broken, these products cannot be returned;
b. products that have been created by the trader according to the consumer's specifications;
c. products that are clearly personal in nature;
d. products that cannot be returned due to their nature;
e. products that can deteriorate or become obsolete quickly;
f. products whose price is linked to fluctuations in the financial market over which the trader has no control;
g. loose newspapers and magazines;
h. audio and video recordings and computer software whose seal has been broken by the consumer.
Warranty
Warranties are stated separately for each product. If this is not the case, please feel free to contact us for more information.
Article 16 - Disputes
For agreements between the trader and the consumer to which these general terms and conditions apply, Dutch law shall apply exclusively. Even if the consumer is resident abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.
Article 17 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable medium.
Article 18 - Complaints procedure
We recommend that you first make your complaint known to us by emailing info@loopbandspecialist.nl. If this does not lead to a solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur. Since 15 February 2016, consumers in the EU have also been able to file complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being handled elsewhere, you are free to file your complaint via the European Union platform.
