Article 1 – Definitions
1. Mybodytuning: Mybodytuning, established in Amsterdam
2. Customer: the party with whom Mybodytuning has entered into an agreement.
3. Parties: Mybodytuning and Customer together.
4. Consumer: a Customer who is also an individual acting as a private person.
Article 2 – Applicability
1. These terms and conditions apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Mybodytuning.
2. Mybodytuning and the Customer may only deviate from these terms if agreed upon in writing in the purchase agreement.
3. Mybodytuning and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
Article 3 – Prices
1. Mybodytuning sets prices in euros, excluding VAT and excluding any additional costs such as administrative or shipping costs, unless otherwise agreed in writing.
2. Mybodytuning may always change the prices of its services and products on its website and in other communications.
3. Increases in the cost prices of products or parts thereof, which Mybodytuning could not foresee at the time of making the offer or the conclusion of the agreement, may lead to price increases.
Article 4 – Samples and Models
1. When the Customer has received a sample or model of a product, they cannot derive any other rights from it than it being an indication of the nature of the product, unless it is agreed in writing that the products to be delivered will correspond with the sample or model.
Article 5 – Payments and Payment Term
1. The Customer will pay for products as laid down in the purchase agreement.
Article 6 – Right of Suspension
1. The Customer hereby waives the right to suspend the fulfillment of any obligations arising from this agreement.
Article 7 – Right of Retention
1. Mybodytuning may exercise its right of retention and in that case retain the Customer’s products until the Customer has paid all outstanding invoices from Mybodytuning.
2. The right of retention also applies based on previous agreements under which the Customer still owes money to Mybodytuning.
3. Mybodytuning is not liable for any damage the Customer may suffer due to the use of its right of retention.
Article 8 – Set-off
1. The Customer waives the right to set off a debt to Mybodytuning against a claim on Mybodytuning.
Article 9 – Retention of Title
1. Mybodytuning remains the owner of all delivered products until the Customer has paid all outstanding invoices from Mybodytuning relating to an underlying agreement, including claims due to non-performance.
2. Until the time mentioned in paragraph 1, Mybodytuning may exercise its retention of title and reclaim the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate, or otherwise encumber the products.
4. When Mybodytuning exercises its retention of title, the agreement is deemed to be terminated, and Mybodytuning may claim damages, lost profits, and interest from the Customer.
Article 10 – Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at the Customer’s premises unless otherwise agreed.
3. If the Customer does not pay the agreed amounts or does not pay on time, Mybodytuning may suspend its obligations until the Customer pays.
4. In case of late payment, there is a debtor’s default, and the Customer cannot hold Mybodytuning liable for delayed delivery.
Article 11 – Delivery Time
1. Mybodytuning’s delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from it, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has completed the ordering process including the deposit and has received confirmation from Mybodytuning.
3. The Customer is not entitled to compensation and may not cancel the agreement if Mybodytuning delivers later than agreed.
Article 12 – Actual Delivery
1. The Customer must ensure that the actual delivery of the ordered products can take place on time.
Article 13 – Transport Costs
1. The Customer pays the transport costs unless the Customer and Mybodytuning have agreed otherwise in writing.
Article 14 – Packaging and Shipping
1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do this, they cannot hold Mybodytuning liable for any damage.
2. If the Customer arranges the transport of a product themselves, they must report any visible damage to products or packaging to Mybodytuning before transport. If the Customer fails to do this, they cannot hold Mybodytuning liable for any damage.
Article 15 – Storage
1. If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any quality loss is entirely for the Customer.
2. Any additional costs resulting from early or late acceptance of products are entirely at the Customer’s expense.
Article 16 – Assembly and/or Installation
1. Although Mybodytuning makes every effort to perform all assembly and/or installation work as well as possible, it accepts no responsibility except in cases of intent or gross negligence.
Article 17 – Warranty
1. The warranty on products covers only defects caused by defective manufacturing or construction or faulty materials.
2. The warranty does not apply:
– in case of normal wear and tear
– for damage caused by accidents
– for damage caused by alterations made to the product
– for damage due to negligence or improper use by the Customer
– when the cause of the defect cannot be clearly determined
– for damage caused by the use of products other than those from MBT
3. The risk of loss, damage, or theft of the products subject to an agreement between the parties passes to the Customer at the moment they are legally and/or physically delivered, or at least come into the possession of the Customer or a third party receiving the product on behalf of the Customer.