These General Terms and Conditions, as amended from time to time, are used by Fit at Home BV, trading under the name Fit at Home (Fitathome), and are an integral part of all legal relationships between the Customer and Fit at Home, unless the applicability of these Terms and Conditions is excluded or limited by any applicable law, regulation or written agreement.
1. DEFINITIONS
For the application of these general terms and conditions, the following terms with an initial capital letter are used. These terms mean: a) General terms and conditions: these general terms and conditions. b) Reflection period: the period within which the Right of Withdrawal can be invoked. c) Services: collective term for all services that Fit at Home is able to provide via the Platform for the benefit of the Customer, including integrated courses in the field of fitness, health, condition and well-being. d) Right of withdrawal: the right of the Customer to withdraw from the Agreement within the Reflection Period. e) Customer: a natural person who purchases one or more Services from Fit at Home. f) Agreement: the agreement between the Customer and Fit at Home with regard to access and use of the Platform. g) Platform: Fit at Home’s interactive video platform that is accessible via www.fitathome.com and the Fit at Home app through which Fit at Home offers its Services.
2. OFFER
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. All offers and other expressions of Fit at Home are without obligation and are an invitation to purchase Services from Fit at Home. The fact that Services are offered by Fit at Home at any time does not guarantee that these Services will be offered at all times. Fit at Home is entitled to change and adapt the offer.
3. Obvious mistakes and/or obvious errors in the offer do not bind Fit at Home and the Customer cannot derive any rights from such obvious mistakes and/or obvious errors.
3. AGREEMENT, SERVICES
1. The Agreement is concluded at the moment that the Customer has registered via the Platform by creating an account and Fit at Home has confirmed the registration. The Customer must be at least eighteen (18) years of age.
2. When a Service is purchased by the Customer, a separate agreement is always concluded between the Customer and Fit at Home.
3. Fit at Home is entitled to engage third parties for the execution of the Agreement and the provision of Services.
4. RIGHT OF WITHDRAWAL
1/ With each Agreement, the Customer has a reflection period of fourteen (14) days, within which the Customer can withdraw from the Agreement without stating reasons. Fit at Home may ask the Customer for the reason(s) of withdrawal, but the Customer is not obliged to state his reason(s).
2. The Reflection Period referred to in Article 4.1 expires fourteen (14) days after the day on which the Agreement is concluded.
3. When exercising the Right of Withdrawal within the Reflection Period, the Customer owes Fit at Home an amount that is proportional to that part of the Agreement that Fit at Home has fulfilled at the time of exercising the Right of Withdrawal, compared to full compliance with the agreement. The proportional amount that the Customer must pay to Fit at Home is calculated on the basis of the total price as laid down in the Agreement.
5. EXERCISE OF THE CUSTOMER’S RIGHT OF WITHDRAWAL
1. If the Customer wishes to revoke the Agreement, the Customer must turn off the direct debit in his own account environment. In that case, no direct debit will take place the following month.
2. If the Customer exercises his Right of Withdrawal, any additional agreements will also be legally revoked.
6. PRICE AND PAYMENT
1. The prices stated on the Platform are in euros and include VAT and any other government-imposed levies.
2. Payment by the Customer must be made via iDeal, PayPal or credit card (KPN members may also pay via KPN), prior to the purchase of a Service, unless otherwise agreed in writing.
7. ACCOUNT AND SECURITY
1. The Customer is obliged to provide correct and complete information when creating the account. Incorrect information must be corrected by the Customer without delay and incomplete information must be completed by the Customer without delay.
2. The Customer is responsible for the confidentiality of their account, including the login details.
3. The Customer must immediately inform Fit at Home of any unauthorized use of their customer account.
8. USE OF THE PLATFORM
1. The Customer is not permitted to use the Platform in such a way that the functioning of the Platform is endangered and/or the information offered or the underlying software is affected.
2. The Customer is not allowed to use the Platform other than for personal and non-commercial purposes.
9. PLATFORM AVAILABILITY
Fit at Home strives to have the Platform available as much as possible. Fit at Home may decommission parts of the Platform for maintenance purposes. Fit at Home will keep this to a minimum and inform the Customer of this in a timely manner, unless Fit at Home cannot reasonably be expected to do so.
10. THIRD PARTIES
1. Articles from third parties are offered via the Platform. If the items are purchased from these third parties, separate terms (of these third parties) may apply.
2. The use of the Platform and the purchase of Services may require the software of the third parties, in which case separate terms and conditions (of these third parties) may apply.
1. AMENDMENTS TO THE AGREEMENT
1. Fit at Home is entitled to change the Agreement and the General Terms and Conditions in the interim.
2. At least one month before an intended change to one or more provisions of the Agreement takes effect: a) Fit at Home will sufficiently inform the Customer of the content of the intended change(s); b) Fit at Home offers the Customer the opportunity to cancel the Agreement free of charge.
12. CUSTOMER LIABILITY
1. The Customer is liable for damage to Fit at Home that has arisen because the Customer has acted in violation of any provision of these General Terms and Conditions.
2. The Customer is also liable for damage suffered by Fit at Home that is caused by intent or recklessness on the part of the Customer.
3. The Customer indemnifies Fit at Home against claims from third parties for compensation for damage they have suffered as a result of the Customer’s use of the Platform and the Services that the Customer purchases.
13. LIABILITY Fit at Home
1. These General Terms and Conditions do not limit or exclude Fit at Home’s liability that cannot be limited or excluded by law.
2. Fit at Home is not liable for damage that has arisen because the Customer has acted in violation of any provision of these General Terms and Conditions.
3. Fit at Home is not liable for indirect damage, in whatever form.
4. Fit at Home is not liable for (damage caused by) articles from third parties that are offered via the Platform.
5. If the Customer purchases an article from a third party via the Platform, for which this third party must have personal data, Fit at Home is not liable for damage caused by the processing of personal data by this third party.
6. Fit at Home’s liability is in any case capped at the amount that Fit at Home’s insurer pays out in the appropriate case.
14. FORCE MAJEURE
The Customer and Fit at Home are not liable for any delay or non-compliance, direct or indirect, as a result of force majeure. Force majeure in any case includes failures in the connection to the internet, failures in the telecommunications infrastructure, failures in networks and failures as a result of unlawful acts by third parties.
15. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights with regard to the Platform and the content of the Platform are vested in Fit at Home, unless stated otherwise. The Customer is not permitted to reproduce anything from the platform, to store it in an automated data file or to make it public, in any form or manner, whether electronically, by photocopying, recording or in any other way than with the prior written consent of Fit at Home, with the exception of news items and content that can be shared via social media on the Platform.
16. TRANSFER OF RIGHTS
1. The Customer is not entitled to sell and/or transfer its rights and/or obligations under the Agreement to any third party, unless otherwise agreed in writing.
2. Fit at Home is entitled to sell and/or transfer its rights and/or obligations under the Agreement, without the consent of the Customer.
17. INVALID PROVISIONS
If at any time any provision of these Terms and Conditions is invalid, unenforceable or impracticable in whole or in part under applicable law and/or regulations, the remaining (parts of) provisions of these Terms and Conditions will remain in effect. The relevant provision will be replaced by an enforceable and enforceable provision that, given the purpose and scope of these General Terms and Conditions, deviates as little as possible from the original provision.