Terms and Conditions

Chamber of Commerce number (KvK): 66062934
VAT number: NL002322127B65

1. General

1.1 These terms and conditions apply to all agreements between XBR-Fitness and the customer. The use of this website confirms your acceptance of the following terms and conditions.

1.2 By placing an order, the customer agrees with the delivery and / or payment conditions.

1.3 XBR-Fitness can adjust its delivery and / or payment conditions at any time. The conditions that applied at the time of the order will be observed and honored.

1.4 These terms and conditions apply to every agreement between XBR-Fitness and the client. Unless the parties have explicitly deviated from these terms and conditions in writing.

1.5 The present conditions also apply to agreements with the customer, where third parties are involved.

1.6 The offered goods and / or services are clearly and truthfully depicted and / or described and as complete as reasonableness requires and possess the characteristics that are mentioned in the offer by XBR-Fitness. We make reasonable efforts to accurately display and describe the attributes of products, including the applicable colors. However, properties may still slightly differ from pictures and text.

2. Formation of the agreement

2.1 The agreement is concluded at the time of acceptance of the offer and compliance with the corresponding conditions.

3. Prices

3.1 As long as the agreement has not been concluded, XBR-Fitness is authorized to change the prices and further conditions stated in the webshop.

3.2 All prices include VAT and excluding shipping costs, unless stated otherwise.

4. Delivery

4.1 When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website, unless agreed otherwise. XBR-Fitness determines the mode of transport and the carrier. If the customer has special transport requirements, the extra costs will be for the customer.

4.2 If a part of the order can only be delivered later, the same applies. There are no additional costs for subsequent delivery.

4.3 If delivery of an item for any reason turns out to be impossible, XBR-Fitness will repay the amount already paid to the client in consultation with the client.

4.4 The customer is obliged to inform XBR-Fitness of any change of address. As long as XBR-Fitnessl has not received a removal notice, you will be deemed to be living at the last address known to XBR-Fitness and you will remain liable for the items you ordered that have been delivered to the old address. By placing an order, you authorize XBR-Fitness to – if necessary – request your details from the municipal population administration or other authorities.

4.5 If you receive articles that you have not ordered, you must inform XBR-Fitness of this.

5. Payment

5.1 You must pay by IDeal, Credit card, Sofort or other available payment method.

5.2 If XBR-Fitness allows payment on account, a payment period of 14 days after the invoice date applies. Unless otherwise agreed.

5.3 You cannot settle the payment against counterclaims. You may also not suspend payment for any reason.

5.4 Advance payment is only possible through payment via bank.

5.5 If you do not pay (in time), you owe the statutory (commercial) interest and all judicial and extrajudicial collection costs with a minimum of 10 euro. XBR-Fitness can then suspend compliance with its obligations or terminate the agreement.

5.6 If you have ordered via cash on delivery and you do not take delivery of this order, we are required to charge 18.00 euro in costs.

6. Retention of title

6.1 Delivered items remain the property of XBR-Fitness, until you have met all your (payment) obligations. This applies to all obligations for which the law allows the retention of title, regardless of for which article the payment obligation arose.

6.2 XBR-Fitness is irrevocably authorized, as soon as the customer is in breach of any obligation whatsoever, to take back the items that remained the property of XBR-Fitness from the customer.

7. Return right

7.1 The customer has the right to return articles supplied by XBR-Fitness within 14 days after delivery. The articles should be in the original packaging and a copy of the relevant invoice should be included. The returned items may not be worn, used, opened or damaged. The customer must also comply with all conditions for return.

7.2 If the articles are unused and have been returned correctly, XBR-Fitness will refund the money to the customer as soon as possible. This will be no later than 14 days after the products have been returned.

7.3 The following are excluded from the right of return: articles whose seal has been broken. Items which can no longer be sold due to damage. Articles that, given the packaging or content, cannot be checked whether they have already been opened and / or used.

7.4 The burden of proof that the customer has returned the item within 14 days rests with the customer.

8. Liability

8.1 We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. We are not liable for given information, advices, printing and typographical errors on the website or data provided by suppliers or producers. There is also no liability for unforeseeable and reasonably uncontrollable poor quality of the products. Furthermore, The user / customer takes all risks, responsibilities and consequences with regard to the use and purchasing of products from XBR-Fitness for his/her own account. XBR-Fitness is not liable for any consequences which are the result of purchasing or using products sold by XBR-Fitness.

9. Transport risk

9.1 XBR-Fitness bears no risk of damage and loss of the articles during transport. The customer bears the transport risk.

9.2 In the event of a return shipment, the customer bears the transport risk. After the articles have been received by XBR-Fitness, the risk of damage and loss transfers to XBR-Fitness.

10. Disputes

10.1 Dutch law applies to all agreements between XBR-Fitness and the customer.

10.2 In legal proceedings between XBR-Fitness and the customer, the Dutch court has jurisdiction. Unless XBR-Fitness chooses the court of the client’s place of residence or location.

11. Privacy

11.1 The customer’s personal data is stored in our customer system for quick and trouble-free order processing. Naturally, we use the established legislation when using your personal data. XBR-Fitness can use customer data for (internal) marketing purposes, such as sending newsletters.

11.2 XBR-Fitness will (without legal reasons, or outside the purpose of its processing) under no circumstances pass on your data to third parties. However, XBR-Fitness is not liable for any consequences which are the result of lost or stolen data.

12. Use

12.1 Always consult your doctor before using dietary supplements. In particular if you use prescription or non-prescription drugs or if you have a medical history including but not limited to: high or low blood pressure, arrhythmia, stroke, heart, liver, kidney or thyroid disease, epilepsy, mental illness, diabetes, difficulty urinating through an enlarged prostate gland or if you are taking antidepressants or any other form of medication.

12.2 Discontinue use and consult your doctor if you experience any undesirable effect due to the use of a dietary supplement.

12.3 Never exceed the recommended dosage. Do NOT use a product if the safety seal is open or missing.

12.4 Some products at XBR-Fitness may, despite the fact that they are 100% legal under Dutch law, contain ingredients that are not permitted by some sports associations / organizations. The presence of these substances can lead to a positive doping control for top athletes. As a top athlete you must therefore always check with your own sports association. XBR-Fitness is never responsible for any suspensions or other consequences when a product is bought or used.

12.5 The government can prohibit products at any time, if XBR-Fitness thereby sells a product that appears to be no longer legal, XBR-Fitness cannot be held liable and is, as with any purchase, the risk and responsibility is for the customer.

12.6 Products purchased at XBR-Fitness must always be kept out of reach of children and pets.

12.7 The user / customer takes all risks, responsibilities and consequences with regard to the use and purchasing of products from XBR-Fitness for his/her own account. XBR-Fitness is therefore not liable or responsible for any consequences when a product is bought or consumed. XBR-Fitness can not be held liable regardless of the consequences of use or purchase.

13. Other Provisions

13.1 The content of these general terms and conditions as well as the content of all other expressions of XBR-Fitness, whether or not on the internet, has been compiled with the greatest care. XBR-Fitness cannot, however, give any guarantees with regard to the nature, accuracy or content of this information. XBR-Fitness is not liable for any errors or inaccuracies. XBR-Fitness is also not liable for any consequences that may occur due to the use of information provided by XBR-Fitness.

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