Terms and Conditions

General terms and conditions General terms and conditions of sale and delivery of Strength.eu filed with the Chamber of Commerce. Article 1. GENERAL 1.1. These terms and conditions apply to all offers and agreements for the purchase / sale of goods and / or assignments and services of Strength.eu (hereinafter: Strength.eu). 1.2. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made. 1.3. The rights and obligations under agreements between Strength.eu and the other party cannot be transferred by the other party to third parties, unless with the written permission of Strength.eu. 1.4. Other general terms and conditions, including those of the other party, are not accepted by Strength.eu, unless otherwise agreed in writing and confirmed by Strength.eu. Article 2. OFFERS 2.1. All offers are without obligation and are valid while stocks last. An offer containing a term can nevertheless be revoked by Strength.eu, even after receipt of the order, provided that it is within 5 working days of receipt of that order. 2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), offers and other documents are for information purposes only. Although the most important characteristics of products are shown as accurately as possible, they have the character of an approximate indication and do not bind Strength.eu. Article 3. AGREEMENTS 3.1. An agreement is only deemed to have been validly concluded after Strength.eu has confirmed the order in writing. The content of the agreement is determined by the quotation and / or order confirmation from Strength.eu and these general terms and conditions. 3.2. If - after the assignment has been issued - an additional assignment is submitted, the originally agreed delivery time will lapse. 3.3. The Counterparty and Strength.eu explicitly agree that by using electronic forms of communication a valid agreement is concluded as soon as the conditions set out in Articles 3.1 and 3.2 have been met. The lack of a signature in particular does not detract from the binding force of the offer and its acceptance. 3.4. There is no order minimum. 3.5 Goodies (any free products that Strength.eu can send with the order) cannot be exchanged or exchanged for cash or shop credit. Article 4. PRICES 4.1. All quotations and the prices that Strength.eu are stated in euros and include VAT and other costs related to the agreement, such as levies. 4.2. Delivery costs are not included in the price, unless stated otherwise. 4.3. If, after the conclusion of the agreement, the prices of materials, taxes and / or other factors that partly determine the price of the goods, undergo a change, Strength.eu is entitled to implement these price changes. Price changes of more than 10% give the other party the right to dissolve the relevant agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as aforementioned does not entitle the other party to compensation for any damage. Article 5. PAYMENT 5.1. Orders via the internet site can be paid using the payment options listed on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payment by means of invoices is only possible if expressly agreed and is made within 14 days of the invoice date. 5.2. The other party is in default after the expiry of the payment term referred to in paragraph 1 of this article without a notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party. 5.3. Without prejudice to its further rights, Strength.eu is then authorized to calculate the legal (commercial) interest on the outstanding amount, to be calculated from the relevant due date. 5.4. All extrajudicial and judicial costs incurred by Strength.eu in the context of a dispute with the other party, both claimant and defendant, are for the account of the other party. 5.5. Incoming payments serve to settle the oldest outstanding item interest and costs included, even if the other party declares otherwise in this respect. Article 6. COOLING-OFF PERIOD AND WITHDRAWAL General 6.1. In this article, the following terms are understood to mean the following: Consumer: Counterparty who is a natural person who acts for purposes outside his business or professional activity. Cooling-off period: the period within which the Consumer may invoke the right of withdrawal. Right of withdrawal: the right to terminate the distance contract within the Cooling-Off Period in accordance with this article 6. Distance Contract: the contract concluded between Strength.eu and the Consumer within the framework of an organized system for distance sales or services without simultaneous personal presence of Strength.eu and Consumer and whereby, up to and including the moment of concluding the agreement, only one or more means of distance communication is used. 6.2. The Consumer can revoke a Distance Contract concluded by him without giving reasons until a period of 30 days (the Cooling-off Period) has expired. Non-consumers are excluded from this right. The burden of proof for the correct and timely exercise of this right rests on the Consumer. 6.2. The Cooling-Off Period referred to in Article 6.1 commences: - the day on which the Consumer or a third party designated by the Consumer who is not the carrier has received the item; or: - the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last item, if the Consumer ordered several items in the same order that will be delivered separately; or: - the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last shipment or the last part if the delivery of an item consists of several shipments or parts; or - the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the first good for an agreement that extends to the regular delivery of goods during a certain period. Invoking the right of withdrawal 6.2. The Consumer can invoke the Right of Withdrawal by submitting the model withdrawal form (Annex 1 to these terms and conditions) to Strength.eu or in another unambiguous manner, for example via info@strength.eu before the end of the Cooling-Off Period. Strength.eu may ask for the reason for the withdrawal, but it is not obligatory to answer this. The Consumer must state the relevant order number and the relevant products upon withdrawal. The Consumer can also invoke the right of withdrawal before the product has been received. 6.3 Strength.eu will immediately send a confirmation of receipt upon receipt of this notification. 6.4 The Consumer is obliged to handle the product with due care during the Cooling-Off Period. The Consumer may view and try on the product but not use it. It must be returned undamaged, complete and if reasonably possible in the original packaging. The label must still be attached to garments. 6.5. The Consumer is only liable for depreciation of the product that is the result of a treatment of the product that has gone beyond what is necessary to determine its nature, characteristics and operation. 6.6 Unless Strength.eu has offered to collect the goods delivered on the basis of the dissolved agreement, the Consumer will return or hand over the goods received immediately and in any case within 30 (30) days after the statement of withdrawal. to Strength.eu or to a person authorized by Strength.eu to receive the goods. 6.7 The Consumer bears the direct costs of returning the item, unless Strength.eu has failed to inform the Consumer that he must bear these costs. 6.8 If a complete order is returned, any goodies supplied must also be returned. If these are not returned, they can be charged. Reimbursement in the event of the Right of Withdrawal 6.8 Strength.eu will reimburse all payments received from the Consumer under the dissolved agreement immediately after dissolution in accordance with Article 6.2, but no later than 14 (fourteen) days after the day of receipt of the declaration the delivery costs. Strength.eu uses the same payment method for this as used by the Consumer, unless the consumer has explicitly agreed to another payment method and on the understanding that the Consumer may not incur any costs as a result. Without prejudice to the foregoing, Strength.eu is not obliged to refund the additional costs. if the Consumer has explicitly opted for a method other than the least expensive standard delivery method offered by Strength.eu. Unless Strength.eu has offered to collect the goods delivered on the basis of the dissolved agreement, Strength.eu may postpone reimbursement until the goods have been received or the Consumer has demonstrated that he has returned the goods, whichever is the earliest. . 6.9. In the event of cancellation by non-consumers, all costs incurred by Strength.eu in respect of the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, all to the extent necessary to be increased by any possible by Strength. .eu damage suffered as a result of the cancellation. 6.10. If the total value of the order after the return falls below € 35, Strength.eu is authorized to still calculate the shipping costs of € 3.95. Excluded from Right of Withdrawal 6.11 A right of withdrawal does not apply to: • an agreement to provide services, after compliance with the agreement, if: o 1 °. the performance has begun with the explicit prior consent of the Consumer; and o 2 °. the Consumer has declared to waive his right of withdrawal as soon as Strength.eu has fulfilled the agreement; • a purchase concerning: o 1 °. the delivery of goods manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person; o 2 °. the delivery of items that spoil quickly or that have a limited shelf life; o 3 °. the delivery of items that are not suitable for return, such as but not limited to food (and food supplements), underwear, socks, drinks and food supplements, for reasons of health protection or hygiene and of which the seal has been broken after delivery; o 4 °. the delivery of goods which, by their nature, are irrevocably mixed with other goods after delivery; o 5 °. the delivery of alcoholic drinks, the price of which was agreed upon at the time of the purchase, but the delivery of which can only take place after 30 (thirty) days, and the actual value of which depends on fluctuations in the market over which Strength.eu has no influence ; o 6 °. the delivery of audio and video recordings and computer software of which the seal has been broken after delivery; o 7 °. the delivery of newspapers, magazines or magazines, with the exception of an agreement for the regular delivery of such publications; • the delivery of digital content that has not been delivered on a tangible medium, insofar as the fulfillment has started with the explicit prior consent of the Consumer and the Consumer has declared that he thereby waives his right of dissolution. Article 7. DELIVERY TIME, DELIVERY, RISK 7.1. In principle, Strength.eu strives to ship orders placed before 10 pm on a working day the next day. The delivery date stated or agreed in the offer and / or order confirmation is not a strict deadline and is only indicated by approximation, even if it has been expressly accepted by the other party. 7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left stating that the delivery can be picked up at the post office. When a package is refused at the door or not picked up, it will be sent one more time in consultation with the customer. When this package is again refused or not picked up, we will charge a contribution to the return costs of € 3.50. 7.3. Different conditions may apply to deliveries abroad. 7.4. The stated or agreed delivery period is in any case, but not exclusively, automatically extended by the period (s) during which: - there is a delay in the manufacture and / or shipment and / or any other circumstance temporarily preventing the execution, regardless of whether this can be attributed to Strength.eu; - the other party fails in one or more obligations towards Strength.eu or there is a well-founded fear that it will fail to do so, regardless of whether the reasons for this are justified or not; - the other party does not enable Strength.eu to execute the agreement; this situation occurs, among other things, if the other party fails to communicate the place of delivery. 7.5. The other party must receive and check the goods purchased at Strength.eu (see warranty). If these goods are refused by the other party or if delivery is not possible, the goods can be stored by Strength.eu, at the expense and risk of the other party. The costs for storage are at the expense of the other party. Strength.eu will fulfill the claim but reserves the right to dissolve the agreement without legal intervention, without prejudice to Strength.eu's right to compensation. Article 8. PERFORMANCE OF THE AGREEMENT 8.1. Strength.eu will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 8.2. Strength.eu is entitled to outsource the agreement or parts thereof to third parties who are not employed by Strength.eu without the consent of the other party. Strength.eu is further entitled, without the consent of the other party, to transfer the agreement in whole or in part to another party. 8.3. The other party will ensure that all data, of which Strength.eu indicates that they are necessary or of which the other party should reasonably understand that they are necessary for the execution of the agreement, are provided to Strength.eu in a timely manner. If the information required for the implementation of the agreement is not provided to Strength.eu in time, Strength.eu has the right to suspend the implementation of the agreement. Article 9. WARRANTY 9.1. Strength.eu guarantees that the goods are in accordance with the agreed specifications and can reasonably be expected in accordance with the other party. 9.2. If a product is unusable due to damage during shipping, or does not correspond to the ordered item, the other party has the option to return this product. 9.3. Any guarantees regarding the delivered goods lie with the manufacturer of the goods concerned. 9.4. The other party is obliged to read the information and advice of the manufacturer accompanying the products before using the delivered products. 9.5. A guarantee is not offered if: - the goods delivered show one or more imperfections or deviations that fall within a reasonable tolerance; - the goods have been used for a purpose other than that for which they are normally intended or, in the opinion of Strength.eu, have been used, stored or transported in an improper manner, - the damage was caused by negligence on the part of the other party or because the other party has acted contrary to instructions, directions and advice from Strength.eu; - the other party has not fulfilled its obligations towards Strength.eu (both financial and otherwise). 9.6. If the other party, with due observance of the provisions in the relevant agreement and these general terms and conditions, invokes the warranty in writing within 5 days of receipt, and this appeal is found to be well-founded by Strength.eu, Strength.eu will, at its option, accept the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction. 9.7. Handling a warranty claim does not suspend the other party's payment obligation. 9.8. If attention is paid to a complaint outside of the cases described above, this will be done without obligation and the other party cannot derive any rights from it. Article 10. INSPECTION The items are checked by Strength.eu before delivery. The Other Party has the right, at its own expense, to inspect the goods before delivery at the time and place determined by Strength.eu. Article 11. NON-PERFORMANCE / DISSOLUTION / SUSPENSION 11.1. Strength.eu is authorized to terminate the agreement with immediate effect, without judicial intervention, in whole or in part, or to suspend the implementation, without prejudice to its other rights (to compliance and / or compensation), if: - the other party acts in breach with any provision of the agreement between the parties; - the other party dies, applies for a suspension of payments or files an application for bankruptcy or an application for bankruptcy of the other party; - any asset of the other party is seized; 11.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after having been invited to do so in writing, has not provided adequate security within seven days in the opinion of Strength.eu. Article 12. RESERVATION OF OWNERSHIP 12.1. COD delivery takes place under retention of title. Ownership is then only transferred after full payment. Article 13. LIABILITY 13.1. Strength.eu is not liable for damage caused as a result of any shortcoming in the fulfillment of its obligation (s) towards the other party. The fulfillment of the obligations under warranty as described in article 9 above applies as the sole and complete compensation. Any other claim for damages, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Strength.eu or managerial subordinates. 13.2. Strength.eu is also not liable for the actions of (non-managerial) subordinates or of others that it has engaged in the context of the implementation of the agreement. 13.3. Strength.eu is not liable for advice provided by or on its behalf. 13.4. The other party must always give Strength.eu the opportunity to settle a complaint, otherwise the liability claim and thus the compensation will lapse. 13.5 If Strength.eu is nevertheless liable, liability (for whatever reason) is limited to the amount that Strength.eu has received from the other party under the relevant agreement. In any case, Strength.eu is never obliged to pay more than € 8,000 (eight thousand euros). Article 14. FORCE MAJEURE 14.1. Force majeure is understood to mean any circumstance beyond the will and control of Strength.eu, whether or not foreseeable at the time of entering into the agreement, as a result of which performance cannot reasonably be expected from Strength.eu, such as war, government measures, failure raw materials, factory or transport disruptions of any kind, hacking, IT disruptions, strikes, exclusion or lack of personnel, quarantine, epidemics, pandemics, loss of frost, shortcoming of third parties used by Strength.eu for the implementation of the agreement (such as late delivery by suppliers), decisions by suppliers to stop services, etc. 14.2. Force majeure gives Strength.eu the right to either terminate the agreement in whole or in part, or to suspend the execution of its obligations, without being obliged to pay compensation. Also with regard to the part of the agreement already performed, the other party remains obliged to pay. Article 15. PARTIAL NULLITY If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force. Instead of the invalid provisions, the parties will enter into consultations about a replacement arrangement that approximates as closely as possible the intention of the parties and the economic result they aspire to in a legally effective manner. Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT 17.1. Strength.eu's place of business is the place where the other party must fulfill its obligations towards Strength.eu, unless mandatory provisions dictate otherwise. 17.2. All offers and agreements of Strength.eu are exclusively governed by Dutch law. 17.3. All disputes that arise as a result of the agreement concluded between the other party and Strength.eu or of further agreements that may be the result thereof, will be settled by the Dutch court of the court in Eindhoven. If the other party is a consumer and this would lead to jurisdiction of a court that would not have jurisdiction according to the law, this other party has one month, after Strength.eu has invoked this provision, to opt for settlement of the dispute by the court competent according to law. Article 17. Reviews Placing a review is highly appreciated by us. However, you must be logged in before you can post a review. Our team will then first assess your review. Your review can be removed for: • Faulty content, for example, one-word reviews. • UPPERCASE phrases or other distracting things. • Indication of contact information such as telephone numbers, addresses and URLs. • Indication of volatile information such as prices and current events. • Use of a language other than Dutch, German or English. • Mention of other (web) shops. • Use of offensive or offensive language. • Plagiarism or infringement of intellectual property or other rights. • No demonstrable customer who actually purchased the product • Disclosures of medical claims • Inaccurate information or claims • Illegitimate content of any kind and against anyone. Appendix 1 - Model withdrawal form