General

This is the website of E-Fit Benelux.

GENERAL INFORMATION
E-FIT BENELUX is a private limited company with registered office at Kortrijkseweg 359, 8791 Beveren-Leie and with company number 0833.657.689.

APPLICATION OF GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to every offer/quotation of E-FIT BENELUX and to every agreement concluded between E-FIT BENELUX and the client/buyer. Each order is deemed to be acceptance of the general terms and conditions by the client/buyer. Deviations are only valid if they have been expressly agreed in writing and cannot be considered as a definitive amendment to these terms and conditions.

OFFERS AND AGREEMENTS
All offers are without obligation and are only valid for 10 days, unless a period for acceptance is set in the offer. The unit prices in the quotations are always in euros and exclusive of VAT without transport costs, unless otherwise indicated and are described subject to price fluctuations beyond the control of E-FIT BENELUX. The transport costs are always at the expense of the client/buyer.
All offers are valid while stocks last and will expire as soon as the product to which the offer relates is no longer available.

CONCLUSION OF THE AGREEMENT
The agreement is concluded when the client/buyer confirms the quotation unchanged and in writing. Any form of confirmation via electronic communication, such as email, message, WhatsApp or Messenger, among others, also counts as valid agreement. The agreement replaces all previously concluded agreements. The obligations arising from this agreement are entered into jointly and severally by the client/buyer.

SUPPLIES
The place of delivery is the address of the client/buyer that was made known during the order. If a deadline has been agreed for delivery, it is deemed to have been agreed approximately.

CANCELLATION AND TERMINATION
The cancellation of an order by the client/buyer is only valid with the written agreement of E-FIT BENELUX and payment of a fixed compensation of 30% of the total price, without prejudice to the right of E-FIT BENELUX to prove any greater damage.
If the agreement is dissolved at the expense of E-FIT BENELUX, the client/buyer is entitled to compensation for his damage.

PAYMENT
Unless otherwise stipulated, all invoices are payable in cash or by bank transfer to the registered office of E-FIT BENELUX in Beveren-Leie immediately after receipt of the invoice. If products are ordered, they will only be delivered after payment has been made to the registered office of E-FIT BENELUX BV.
Any invoice that has not been paid or has not been paid in full on its due date will automatically and without prior notice of default incur interest on late payment at the interest rate as stipulated in Article 5 of the Commercial Transactions Late Payment Act of 2 August 2002, with a minimum of 12%. In case of late payment, the client/buyer will also owe a compensation of 12% on the principal amount, with a minimum of 50.00 EUR.
If the client/buyer is a natural person acting for purposes that are not related to his professional or commercial activity, then in the absence of timely payment of the total price or balance, a payment reminder will first be sent free of charge. If the payment is not made within 14 calendar days of sending this free payment reminder, the statutory interest from the law of 02/08/2022 on combating late payment in commercial transactions will be due. In that case, the client/buyer will also owe compensation of:

– 20,00 € for a debt up to 150,00 €;
– 30,00 € plus 10% of the outstanding amount for a debt between 150,00 € and 500,00 €;
– €65.00 plus 5% of the outstanding amount for a debt above €500.00, with a maximum of €2,000.00.

Failure to pay a single invoice on the due date renders the balance of all other invoices, even those that have not expired, immediately due and payable. If the client/buyer has been granted a repayment plan, one late or incomplete payment will automatically cancel the repayment plan.

LIABILITY
The liability of E-FIT BENELUX for the non-fulfilment of its obligations arises from an obligation to perform to the best of its ability. E-FIT BENELUX can only be held liable for direct damage suffered by the client/buyer, which is causally related to a proven shortcoming of E-FIT BENELUX. E-FIT BENELUX can never be held liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption. In any event, the liability of E-FIT BENELUX is limited to the maximum value of the contract in question, excluding VAT.

GUARANTEE
All goods delivered by E-FIT BENELUX must be used in accordance with the instructions of E-FIT BENELUX and the instructions for use. In case of doubt about the application or use, the customer should contact the representative of E-FIT BENELUX on site or directly to E-FIT BENELUX.
Warranty does not cover normal periodic maintenance and the consequences of normal wear and tear, or improper or improper use.
The warranty for the delivered goods is limited to material, factory and construction defects.

INTELLECTUAL RIGHTS
All plans, trademarks, logos, company names, drawings, dates, sketches, designs and all other documents produced by E-FIT BENELUX during the execution remain its property, protected by intellectual property rights, regardless of whether they have been made available to the client/buyer or third parties. In the event of a breach of this provision, the client/buyer will owe E-FIT BENELUX compensation of 10% of the total price, with a minimum of 1,000.00 EUR.

DUTY
The client/buyer is obliged to provide E-FIT BENELUX with all necessary information with regard to the execution of the agreement and bears full responsibility for this.

RETENTION OF TITLE AND TRANSFER OF RISK
Contrary to Article 5.28 of the Dutch Civil Code, the delivered goods remain the exclusive property of E-FIT BENELUX until full payment of the price, including all costs, interests and damages. In case of non-payment, E-FIT BENELUX reserves the right to reclaim the delivered goods. Despite this retention of title, the risk of loss or damage passes to the client upon delivery.

ADDITIONAL WORK
Additional work is understood to include any change to the agreement or the conditions of execution, any action, delivery, work or change of quantities that is not described in the offer. The client/buyer agrees that the additional work will be carried out on a direct basis and will be charged additionally. Contrary to Article 1793 of the old Civil Code, additional work can be proven by all means of law.

COMPLAINTS
Complaints regarding the order/order must be communicated in writing within 7 calendar days after delivery, under penalty of forfeiture and compensation. Under no circumstances can complaints result in the client/buyer having the right to suspend or postpone payment. In the event of acceptance of a complaint, the refund of the disputed amount will take place within 30 days of explicit written confirmation of the validity of the complaint.

IMPREVISION
Impreviation is any change of circumstances, beyond the reasonable control of E-FIT BENELUX, that seriously complicates the performance of E-FIT BENELUX’s services or disturbs the economic balance between the parties. In the event of imprevision, the parties undertake to renegotiate the terms of the agreement.

CONTRAINDICATIONS
E-FIT BENELUX observes a number of contraindications with regard to the products. A professional client/buyer must complete the intake form with the contract indications together with the user for each user of the products, have it approved and keep it for at least 5 years.
In case of absolute contraindications, the products should not be used. Absolute contraindications include, but are not limited to: kidney or liver diseases; epilepsy or other seizures; the presence of a pacemaker, neurostimultor, or other implanted medical implants; neuromuscular or neurological disorders; internal bleeding; pregnant ladies; breastfeeding; women under 18 years of age. In case of relative contraindications, a doctor should be consulted before using the products. Relative contraindications include: cancer, diabetes, recent myocardial infarction, cardiac insufficiency, cardiac arrhythmias, cerebral hemorrhage or infarction, implants, prostheses, varicose veins.
E-FIT BENELUX is not liable for the damage resulting from any accident or injury as a result of the client/buyer’s failure to observe this article. The client/buyer indemnifies E-FIT BENELUX against claims from third parties due to non-compliance with the obligations in this article.

FORCE MAJEURE
In the event of force majeure, the execution of the agreement will be suspended as long as the situation of force majeure makes the execution impossible for E-FIT BENELUX. Force majeure gives the client/buyer the right neither to dissolution, nor to compensation, nor to termination. Force majeure includes, but is not limited to, pandemics, epidemics, strikes or any other event as a result of which compliance with the agreement can no longer reasonably be expected of E-FIT BENELUX.

PERSONAL DATA
In the context of the contractual relationship with the customer, personal data of the customer will be collected by E-FIT BENELUX. This personal data will be processed in accordance with the General Data Protection Regulation of 25 May 2018.
When the contact form and/or the reservation tool on the website is used, E-FIT BENELUX will only store and use this data to be able to contact the visitor again and to provide him with any services requested.

VANITY
The possible legal nullity of one or more of these general terms and conditions does not affect the validity of the other provisions.

JURISDICTION AND APPLICABLE LAW
The agreements are concluded in Beveren-Leie and are subject to Belgian law.
In the event of a dispute, the courts of the judicial district in which E-FIT BENELUX has its registered office shall have exclusive jurisdiction.