- FITIMPROVE: Controll B.V., established at Het Eiland 4, 1693BW Wervershoof, Chamber of Commerce no. 37099682, VAT no. 810432638B01.
- Customer: a natural person who purchases one or more Services from FITIMPROVE and with whom an agreement has been concluded.
- Parties: FITIMPROVE and customer together.
- Reflection period: the period in which a right of withdrawal can be invoked.
- Right of withdrawal: the right of the customer to revoke the Agreement within the Reflection period.
- Agreement: the agreement between the Customer and FITIMPROVE regarding to access and use of the website.
- Website: the website of FITIMPROVE that is accessible at https://www.fitimprove.com and where FITIMPROVE offers its services.
2. Applicability of general terms & conditions
- Before you (Customer) gain access to https://www.fitimprove.com (Website), the Customer must agree to the following general terms & conditions. It is recommended that the client consults a lawyer before accepting these general terms & conditions.
- These general terms & conditions apply to all offers, work, orders, agreements and deliveries of services or products by or on behalf of FITIMPROVE.
- Parties can only deviate from these general terms & conditions if they have explicitly agreed in a written statement.
- Parties explicitly exclude the applicability of additional and/or deviating general terms & conditions of the customer or third parties.
3. Informational purposes
The customer agrees and understands that all content and/or information on the website, including but not limited to nutrition and/or training information, is provided for information purposes only. Moreover, the website is in no way controlled and/or managed by medical professionals. As a result, the customer will always seek medical advice from a medical professional before implementing any content and/or information on the website.
4. Customer acknowlegdements
The customer hereby acknowledges that:
- These General Terms and Conditions are binding on the client and the client’s executors, administrators, heirs, relatives, successors and assigns.
- Customer is at least 18 years old.
- Client is in good physical and mental health.
- Customer has visited and was examined by a medical professional prior to the implementation of all content and/or information on the Website and Customer is authorized by said medical professional to implement all content and/or information on the Website.
The customer agrees to voluntarily use the services of the website at the stated price, and personally chooses the annual installment price or to enter the service at the stated monthly rate. The customer retains access to the services offered by the website, as long as the billing account is active and has a good reputation.
5. Pricing and payment
- All prices charged by FITIMPROVE are in euros (€) and including VAT.
- All prices that FITIMPROVE uses for its products or services, on its website or that are otherwise made known, can be changed by FITIMPROVE at any time.
- For payment, the Customer can only use the payment options offered by FITIMPROVE.
- When using a payment link that is sent by FITIMPROVE to the Customer for direct debit, the Customer gives FITIMPROVE permission to also collect future payments from the relevant account number.
- Payment must take place within 14 days after the Agreement has been concluded. Periodic payment takes place prior to each service period.
6. Right of withdrawal
- With each Agreement, the Customer has a Reflection Period of fourteen (14) days, in which he can revoke the Agreement without giving reasons.
- The Reflection Period referred to in paragraph 1 expires fourteen (14) days after the day on which the Agreement is concluded.
- When using the Right of Withdrawal within the Reflection Period, the Client owes FITIMPROVE an amount that is proportional to that part of the Agreement that FITIMPROVE fulfilled at the time of using the Right of Withdrawal. The proportional amount that the Customer must pay FITIMPROVE is calculated based on the total price as laid down in the Agreement.
- Revocation of the Agreement can be done manually by the customer through ‘My Account’.
7. Consequences of not paying on time
- If, after the first reminder, the payment is not made within the specified period, FITIMPROVE is entitled to unilaterally immediately suspend or terminate access to the Services as its option, without prejudice to the right to compensation and the right to collect arrears and late payments and to recover the associated collection costs from the Customer in accordance with the Collection Costs Act.
- Invoices and payment reminders are only offered electronically by FITIMPROVE.
- The amount to be collected by FITIMPROVE is equal to the amount of Services ordered by the Customer during the service period to which the collection relates. In case of periodic payment, the amount to be collected by FITIMPROVE is also equal to the amount of the Services ordered by the Client during the service period to which the collection relates and, as a result, the amount to be collected may differ from the previous service period.
When the parties have entered into an agreement with a service-oriented nature, this only contains best efforts obligations for FITIMPROVE, not result obligations.
9. Duration of the agreement
- The agreement between FITIMPROVE and the customer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in a written statement.
- The customer can cancel an agreement that has been concluded for an indefinite period of time at any time with due observance of a notice period of 1 month.
10. Provision of information by the customer
- The customer makes sure that all the information, data and documents that are relevant for the correct execution of the agreement are available to FITIMPROVE in a timely and desired form and in the desired manner.
- The customer is responsible for the accuracy, completeness and reliability of the information, data and documents made available, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
- If and insofar as the customer requests this, FITIMPROVE returns the relevant documents.
11. Account and security
- The customer is responsible for maintaining the confidentiality of his account, including the login details.
- The customer must immediately inform FITIMPROVE of unauthorized use of his account.
12. Availability of the website
- FITIMPROVE strives to make the website available without interruption, but cannot rule out disruptions due to internet connections, technical infrastructure, equipment or other circumstances.
- If the Customer experiences an interruption that has not been announced by FITIMPROVE, then FITIMPROVE requests the Customer to contact us trough the contact form.
- FITIMPROVE will endeavor to resolve malfunctions as quickly as possible. If the malfunction is due to a circumstance that can be attributed to FITIMPROVE and lasts longer than five consecutive working days, FITIMPROVE will refund the Client a time-proportional part of the price paid.
- For maintenance, FITIMPROVE can put parts of the website out of use, but will limit this to a minimum.
13. Intellectual property
- FITIMPROVE retains all intellectual property rights (including copyright, patent law, trademark law, drawing and design law, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, manikettes, etc. unless parties agreed otherwise in a written statement.
- The customer may not copy the intellectual property rights mentioned above without prior written permission from FITIMPROVE, have them shown to third parties and/or make it available or use it in any another way.
- The customer keeps any information that he receives (in whatever form) from FITIMPROVE secret.
- The same applies to all other information concerning FITIMPROVE that he knows or can reasonably suspect is secret or confidential, or that he expects to be able to cause damage to FITIMPROVE.
- The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
- The confidentiality obligation described in this article does not apply to information:
– that was already public before the customer learned this information or that later became public without this being the result of a breach of the customer’s confidentiality obligation.
– that is made public by the customer on the basis of a legal obligation.
- The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of three (3) years after it expires.
15. Penalty clause
- If the other party violates the article of these terms and conditions regarding confidentiality or intellectual property, he forfeits an immediately due and payable penalty for every violation on behalf of the trade name.
– if the other party is a consumer, this fine is € 1,000
– if the other party is a legal person, this fine is € 5,000
- In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
- No prior notice of default or legal proceedings is required for the forfeiture of this fine. There is also no need for any form of damage.
- Forfeiting the fine referred to in the first paragraph of this article does not affect FITIMPROVE’s other rights, including its right to claim damages in addition to the fine.
16. Liability of FITIMPROVE
- FITIMPROVE is only liable for any damage the customer suffers if and insofar as this damage was caused by intent or deliberate recklessness.
- If FITIMPROVE is liable for any damage, it is only liable for direct damages resulting from or is related to the execution of an agreement.
- FITIMPROVE is never liable for indirect damage, such as consequential loss, lost profit, lost savings or damage to third parties.
- If FITIMPROVE is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability concerns.
- All images, photos, colors, drawings, descriptions on the website are only indicative and are only approximate and cannot lead to any compensation and/or (partial) termination of the agreement and/or suspension of any obligation.
- This liability does not apply if the damage was partly caused by the fact that the Customer himself acted contrary to any provision of these General Terms and Conditions.
- Any right of the customer to compensation from FITIMPROVE expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
17. Right to termination
- The customer has the right to terminate the agreement if FITIMPROVE fails to fulfill its obligations, unless this failure, in view of its special nature or minor significance, does not justify the termination.
- If the fulfillment of the obligations by FITIMPROVE is not permanently or temporarily impossible, dissolution can only take place after FITIMPROVE is in default.
- FITIMPROVE has the right to terminate the agreement with the customer, if the customer does not fully or not timely fulfill his obligations under the agreement, or if FITIMPROVE has become aware of circumstances that give him good grounds to fear that the customer will not properly fulfill his obligations.
18. Circumstances beyond control
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming on the part of FITIMPROVE in the fulfillment of any obligations towards the customer cannot be attributed to FITIMPROVE in a situation independent of the will of FITIMPROVE, as a result of which the fulfillment of its obligations with regard to the customer is wholly or partially prevented or for which the fulfillment of his obligations cannot reasonably be expected of FITIMPROVE.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to – : a state of emergency (such as civil war, rebellion, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a circumstances beyond control situation occurs whereby FITIMPROVE is unable to meet one or more obligations to the customer, those obligations will be suspended until FITIMPROVE can meet them again.
- From the moment that a cirumstnces beyond control situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- FITIMPROVE does not owe any (damage) compensation in a circumstances beyond control situation, even if FITIMPROVE benefits from it.
19. Amendment of the agreement
If, after concluding the agreement, it is necessary for its execution to be amended or supplemented, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
20. Change of general terms and conditions
- FITIMPROVE is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by FITIMPROVE with the customer in advance as much as possible.
- The customer is entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
21. Transfer of rights
- The customer’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of FITIMPROVE.
- This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.
22. Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions are found to be void or voidable, this will not affect the other provisions of these general terms and conditions.
- In that case, a provision that is void or voidable is replaced by a provision that comes closest to what FITIMPROVE had in mind when drafting the conditions at that point.
23. Applicability of law and competent court
- Only Dutch law applies to every agreement between parties.
- The Dutch court in the district where FITIMPROVE has its registered office / practice / office has exclusive jurisdiction to hear any disputes between parties, unless the law requires otherwise.
Entry into force
These (updated) Terms and Conditions entered into force on March 14, 2020.