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General terms and conditions Pilatesgoods

General Terms and Conditions – PilatesGoods

Identity of the entrepreneur
PilatesGoods, located at Da Costastraat 1, The Hague 2513 RN, registered with the Chamber of Commerce under number 93028555.
Website: [www.pilatesgoods.coml]
E-mail: hi@pilatesgoods.com
Phone number: 0642635306

VAT identification number:  NL866253166B01

 

Article 1 – Definitions

  1. “PilatesGoods”: the entity engaged in the manufacture and supply of personalized Pilates items or related products.
  2. “Customer”: the party, being a legal entity (or consumer, if applicable), with whom PilatesGoods enters into an agreement for the preparation and delivery of personalized Pilates articles.
  3. “Products”: all products shown on the website or made available by PilatesGoods, including the personalized Pilates articles.

 

Article 2 – Applicability

  1. These general terms and conditions apply to all communications, offers, quotations and other agreements between PilatesGoods and the customer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer.
  3. If it is not possible to make the terms and conditions available before the agreement is concluded, PilatesGoods will indicate how the general terms and conditions can be viewed and that they will be sent free of charge upon request.
  4. PilatesGoods reserves the right to change these general terms and conditions periodically.
  5. The most recently published version of these general terms and conditions applies by default to agreements concluded between PilatesGoods and the

 

Article 3 – Offers and Agreements

  1. All offers and quotations from PilatesGoods are without obligation, unless expressly stated otherwise in writing. 
  2. An agreement is concluded as soon as the customer accepts the offer from PilatesGoods and PilatesGoods has confirmed this acceptance in writing or electronically. 
  3. Any additions or changes to the agreement are only binding if they have been agreed in writing or by e-mail with PilatesGoods. 

 

Article 4 – The price and payment

  1. The prices of the products offered will not be increased during the validity period stated in the offer. 
  2. Unless otherwise agreed, the amounts owed by the customer must be paid for 50% within 14 days after the conclusion of the agreement. The remaining 50% must be paid within 14 days after receipt of the products. 
  3. If the customer does not meet his payment obligations on time, he will owe the statutory interest on the amount still owed after PilatesGoods has informed him of the late payment and a period of 14 days has been set to meet the payment obligations. 

 

Article 5 - Warranty and Conformity

  1. PilatesGoods guarantees that the delivered products comply with the agreement and the specifications stated in the offer. 
  2. If products are delivered damaged, PilatesGoods will ensure replacement, provided the customer reports the damage within the specified period (see article 6). 
  3. Any defects must be reported to PilatesGoods immediately after discovery. 
  4. The warranty expires after a product has been delivered in good condition as agreed in the agreement. 

 

Article 6 – Returns and Right of Withdrawal

  1. Exclusion of the right of withdrawal: 
    • Since PilatesGoods products are completely custom-made according to the specific wishes and approved design of the customer, the right of withdrawal does not apply. By agreeing to the design, the customer confirms that the product meets the agreed specifications. Returns or exchanges are therefore not possible. 
  2. Reporting obligation in case of damage: 
    • Any damage to the product that occurred during transport must be reported in writing within 7 days of receipt via hi@pilatesgoods.com. Reports outside this period will not be processed. 

 

Article 7 – Termination and Cancellation

  1. PilatesGoods may, without being liable for any damages, terminate the agreement with the customer in writing and with immediate effect, in whole or in part, if: 
    • The customer applies for a suspension of payments or bankruptcy or is declared bankrupt, or offers an agreement outside bankruptcy, or any part of its assets is seized; 
    • The customer is placed under administration or guardianship; 
    • The statutory debt restructuring scheme is declared applicable to the customer; 
    • The customer ceases its activities, ceases to pursue its statutory objective, decides to liquidate, otherwise loses its legal personality or transfers or merges its company; 
    • The customer fails to fulfil one or more obligations under the agreement, fails to fulfil them on time or fails to fulfil them properly. 
  2. By the dissolution, existing claims on both sides become immediately due and payable. This does not affect the right of PilatesGoods to claim additional compensation or performance of the agreement. 
  3. Termination of the agreement by the customer is not possible. Once PilatesGoods has confirmed acceptance of the offer, the agreement is final and binding. Cancellation or dissolution of the agreement by the customer will not be accepted under any circumstances. 

 

Article 8 – Complaints procedure

  1. Complaints about the performance of the agreement must be submitted to PilatesGoods within 14 days, fully and clearly described, via hi@pilatesgoods.com. 
  2. Complaints submitted will be answered within 7 days of receipt. If a complaint requires a longer processing time, the customer will receive a confirmation of receipt within 7 days and an indication of when they can expect a more detailed answer. 

 

Article 9 – Delivery and Transfer of Risk

  1. The place of delivery is the address that the customer has made known to PilatesGoods. 
  2. PilatesGoods strives to deliver the goods within four (4) to eight (8) weeks after acceptance of the order, unless expressly agreed otherwise. 
  3. If PilatesGoods is unable to deliver the goods within the agreed term, the customer will be informed of this within a reasonable period and a new delivery term will be proposed. 
  4. The risk of damage and/or loss of products rests with PilatesGoods until the moment of delivery to the customer, unless expressly agreed otherwise. 

 

Article 10 – Intellectual Property

  1. PilatesGoods uses logos and brand names of the customer only with express written permission and only for the relevant order of personalized products. 
  2. All designs and logos that PilatesGoods creates itself for the personalized products are protected by copyright and may not be reproduced or used in any other way without the express permission of PilatesGoods. 
  3. PilatesGoods reserves the rights and powers that it is entitled to under the Copyright Act and other relevant intellectual property legislation. 

 

Article 11 – Liability

  1. PilatesGoods excludes all liability for damage that occurs after delivery or due to incorrect use of the delivered products. 
  2. PilatesGoods shall only be liable if the customer has given PilatesGoods written notice of default, giving a reasonable period to remedy the default, and PilatesGoods continues to fail to fulfil its obligations after that period. 
  3. PilatesGoods shall not be liable if a default is the result of force majeure. 

 

Article 12 – Privacy

  1. Personal data shall be processed in accordance with the General Data Protection Regulation (GDPR). PilatesGoods guarantees that this information will not be sold or forwarded without the explicit consent of the customer. 

 

Article 13 – Disputes and Applicable Law

  1. Agreements between PilatesGoods and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. 
  2. All disputes arising from or related to these terms and conditions and/or the agreement will, unless the law prescribes otherwise, be submitted to the competent court in the Netherlands.