Terms & Conditions
Article 1 - Definitions
In these terms and conditions shall apply:
1. Supplementary agreement: an agreement whereby the consumer has products,
acquire digital content and/or services in connection with a distance contract and
these items, digital content and/or services are supplied by the entrepreneur or by
a third party on the basis of an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can make use of his
right of withdrawal;
3. Consumer: the natural person who is not acting for related purposes
with his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content means data which are produced and supplied in digital form;
6. Duration agreement: an agreement that extends to the regular delivery of goods,
services and/or digital content for a certain period of time;
7. Durable data carrier: any tool – including e-mail – that the
enables the consumer or entrepreneur to access information that is personally addressed to him,
store in a manner that prevents future reference or use over a period of time
that is tailored to the purpose for which the information is intended, and that is unaltered
allows reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel within the cooling-off period
view the distance contract;
9. Entrepreneur: the natural or legal person who purchases products, (access to) digital
offers content and/or services to consumers remotely;
10. Distance contract: an agreement between the entrepreneur and the
consumer is closed within the framework of an organized sales system on
renunciation of products, digital content and/or services, up to and including the conclusion of
the agreement exclusively or partly uses one or more techniques
for remote communication;
11. Model withdrawal form: the one included in Appendix I of these terms and conditions
European model withdrawal form; Annex I does not have to be made available
stated if the consumer has no right of withdrawal with regard to his order;
12. Distance communication technology: means that can be used for the
concluding an agreement, without the consumer and entrepreneur simultaneously entering into
need to meet in the same space.
Article 2 - Identity of the entrepreneur
Body & Shape Store BV Business address:
Bredeweg 39 a
2751 GH Moerkapelle
Chamber of Commerce 70315957 | VAT NR NL8582.56.290.B01
TEL NO 085 760 88 19 | EMAIL info@bodyandshapestore.nl
AVAILABLE Monday to Friday 09.00 am to 17.00 pm
REGISTERED WITH THE CHAMBER OF COMMERCE ON JUNE 24, 2022
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to
any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions
conditions made available to the consumer. If this is not reasonably
is possible, the entrepreneur will, before the distance contract is concluded,
indicate how the general terms and conditions can be viewed at the entrepreneur and
that they are sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the
previous paragraph and before the distance contract is concluded, the text of this
general terms and conditions available to the consumer electronically
be set in such a way that it is easy for the consumer to
can be stored on a durable data carrier. If this is not reasonably
is possible, will be indicated before the distance contract is concluded
where the general terms and conditions can be read electronically
and that, at the request of the consumer, by electronic means or by other means
will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or
terms of service apply, the second and third paragraphs of corresponding
applicable and the consumer can always opt-out in the event of conflicting conditions
rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions,
this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered
products, digital content and/or services. The description is sufficiently detailed to
to enable a proper assessment of the offer by the consumer. As the
entrepreneur uses images, they are a true representation
of the products, services and/or digital content offered. Obvious mistakes or
obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights are
and obligations associated with the acceptance of the offer.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded on the
moment of acceptance by the consumer of the offer and compliance with the
conditions attached thereto.
2. If the consumer has accepted the offer electronically, the consumer confirms
entrepreneur without delay electronically the receipt of the acceptance of the
offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur,
the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate
technical and organizational measures to secure the electronic
transfer of data and ensures a secure web environment. If the consumer
can pay electronically, the entrepreneur will take appropriate security measures to that end
take into account.
4. The entrepreneur can inform himself within legal frameworks - or the consumer
can meet its payment obligations, as well as all those facts and factors that
are important for a responsible conclusion of the distance contract. In the event that
on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement
he is entitled to refuse or accept an order or request with reasons
to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content, the entrepreneur will
the consumer the following information, in writing or in such a way that it is
consumer can be stored in an accessible way in a sustainable way
data carrier, send:
• the visiting address of the establishment of the entrepreneur where the consumer
complaints can be filed;
• the conditions under which and the way in which the consumer of the
can exercise the right of withdrawal, or a clear statement regarding the
are excluded from the right of withdrawal;
• the information about guarantees and existing after-sales service;
• the price including all taxes of the product, service or digital
content; to the extent applicable, the costs of delivery; and the manner of
payment, delivery or performance of the distance contract;
• the requirements for termination of the agreement if the agreement is a
has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model form for
revocation.
6. In the case of an expensive transaction, the provision in the previous paragraph only applies to
the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer can enter into an agreement with regard to the purchase of a product
during a reflection period of 14 days without stating reasons. The
The entrepreneur may ask the consumer for the reason for withdrawal, but not until
to state his reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a
third party designated by the consumer, who is not the carrier, has the product
received, or:
• if the consumer has ordered several products in the same order: the day
on which the consumer, or a third party designated by him, receives the last product
has received. The entrepreneur may, provided he informs the consumer in advance
informed about the ordering process in a clear manner, an order
refuse multiple products with different delivery times.
• if the delivery of a product consists of several shipments or parts:
the day on which the consumer, or a third party designated by him,
has received the shipment or the last part;
• in the case of agreements for regular delivery of products during a
specified period: the day on which the consumer, or a designated person
third, the first product has received.
Extended cooling-off period for products, services and digital content that are not on a material basis
carrier is delivered when not informing about the right of withdrawal:
1. If the entrepreneur provides the consumer with the legally required information about the
right of withdrawal or has not provided the model withdrawal form, the
cooling-off period twelve months after the end of the original, in accordance with the
the reflection period established in previous paragraphs of this article.
2. If the entrepreneur provides the information referred to in the previous paragraph to the
consumer has provided within twelve months after the effective date of
the original cooling-off period, the cooling-off period expires 14 days after the day
on which the consumer has received that information.
Article 7 – Obligations of the consumer during the
cancellation period
1. During the reflection period, the consumer will handle the product and the
packaging. He will only unpack or use the product to the extent necessary to
determine the nature, characteristics and functioning of the product. The starting point
here is that the consumer may only handle and inspect the product as he
should do in a shop.
2. The consumer is only liable for depreciation of the product that it
results from a way of handling the product that goes beyond what is permitted in
member 1.
3. The consumer is not liable for depreciation of the product if the
before or at the conclusion of the agreement, the entrepreneur does not provide him with all legally required
information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the
consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this within the
cooling-off period by means of the model withdrawal form or in other ways
unambiguous manner to the entrepreneur.
2. As soon as possible, but within 14 days from the day following the referred to in paragraph 1.
notification, the consumer returns the product or hands it over to (a
authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered it
to pick up the product yourself. The consumer has in any case observed the return period
taken if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if
reasonably possible in its original condition and packaging, and in accordance with the
entrepreneur provided reasonable and clear instructions.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal
lies with the consumer.
5. The consumer bears the direct costs of returning the product. As the
entrepreneur has not reported that the consumer has to bear these costs or if the
entrepreneur indicates to bear the costs himself, the consumer does not have to pay the costs
not bear the return.
6. If the consumer exercises his right of withdrawal, all additional
contracts terminated by operation of law.
Article 9 - Obligations of the entrepreneur
revocation
1. If the entrepreneur reports the withdrawal by the consumer electronically
makes this possible, he shall immediately send a
acknowledgment of receipt.
2. The entrepreneur reimburses all payments from the consumer, including any
delivery costs charged by the entrepreneur for the returned
product, immediately but within 14 days following the day on which the consumer
reports the revocation. Unless the entrepreneur offers to collect the product himself, he may
wait with repayment until he has received the product or until the consumer
proves that he has returned the product, whichever is the earlier.
3. The entrepreneur uses the same payment method that the consumer uses for reimbursement
has used, unless the consumer agrees to another method. The refund is
free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the
cheapest standard delivery, the entrepreneur does not have to pay the additional costs for the
more expensive method not refundable.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but
only if the entrepreneur clearly states this in the offer, at least in good time before the conclusion of the contract
agreement, stated:
1. Products or services whose price is subject to fluctuations in the financial
market over which the entrepreneur has no influence and which is within the
withdrawal period may occur
2. Agreements concluded during a public auction. Under a public
auction means a sales method in which products, digital content and/or
services are offered by the entrepreneur to the consumer who personally
is present or will be given the opportunity to be personally present at the auction, under
under the direction of an auctioneer, and where the successful bidder is obliged to
purchase products, digital content and/or services;
3. Agreements relating to leisure activities, if in the agreement a
certain date or period of implementation thereof is provided;
4. Products manufactured to consumer 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;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products which for reasons of health protection or hygiene are not
are suitable for return and which are sealed after delivery
broken;
7. Products that are irrevocably mixed with other products after delivery due to their nature
Products;
Article 11 - The price
1. During the period of validity stated in the offer, the prices of the
products and/or services offered are not increased, except for price changes such as
due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may purchase products or services whose
prices are subject to fluctuations in the financial market and where the entrepreneur
does not affect, with variable prices offering. This bondage to
fluctuations and the fact that any prices quoted are target prices, are
the offer stated.
3. Price increases within 3 months after the conclusion of the agreement are
only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
• they are the result of statutory regulations or provisions; or
• the consumer has the authority to cancel the agreement with effect
of the day on which the price increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
Article 12 - Compliance agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, to the reasonable requirements of
reliability and/or usability and the on the date of the conclusion of the
agreement existing legal provisions and/or government regulations. In the event that
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
2. An extra provided by the entrepreneur, his supplier, manufacturer or importer
warranty never limits the legal rights and claims that the consumer may have under
of the agreement against the entrepreneur if the entrepreneur is
failed to fulfill its part of the agreement.
3. An extra guarantee is understood to mean every obligation of the entrepreneur, his
supplier, importer or producer in which it grants the consumer certain rights or
grants claims that go beyond what it is legally obliged to do if it is
failed to fulfill its part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will take the greatest possible care with
receiving and executing orders for products and
assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur
has made.
3. With due observance of what is stated about this in article 4 of these general terms and conditions
stated, the entrepreneur will accept accepted orders expeditiously but
at the latest within 30 days, unless another delivery period is
agreed. If the delivery is delayed, or if an order is not
or can only be partially carried out, the consumer will receive
within 30 days of placing the order. The consumer has
In that case, the right to dissolve the agreement without costs and the right to any
compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will pay the amount that the consumer
paid without delay.
5. The risk of damage and/or loss of products rests with the entrepreneur until
the moment of delivery to the consumer or a pre-designated and to the
entrepreneur announced representative, unless expressly stated otherwise
agreed.
Article 14 - Duration Transactions: Duration, Termination and Extension
Termination:
1. The consumer may enter into an agreement that has been entered into for an indefinite period and which extends
to the regular delivery of products (including electricity) or services, to
cancel at any time with due observance of the agreed cancellation rules and
a notice period of no more than one month.
2. The consumer can enter into an agreement that has been entered into for a definite period and which extends to
the regular delivery of products (including electricity) or services, to
cancel at any time by the end of the fixed term with due observance of the
agreed cancellation rules and a notice period of no more than one month.
3. Consumers can the agreements mentioned in the preceding paragraphs:
• cancel at any time and are not limited to cancellation on a specific
time or in a specific period;
• cancel at least in the same way as they have been entered into by him;
• always cancel with the same notice period as the entrepreneur has for himself
stipulated.
Extension:
1. An agreement that has been entered into for a definite period and which extends to the settled
delivery of products (including electricity) or services, may not
be tacitly renewed or renewed for a specified period.
2. An agreement that has been entered into for a definite period and which extends to the settled
delivery of products or services, may only be tacitly for an indefinite period
be extended if the consumer may cancel at any time with a notice period of
at most one month. The notice period is a maximum of three months in case the
agreement extends to the settled, but less than once a month.
Article 15 - Payment
1. Insofar as not provided otherwise in the agreement or additional
conditions, the amounts owed by the consumer must be paid
within 14 days after the start of the cooling-off period, or in the absence of a
reflection period within 14 days after the conclusion of the agreement. In case of a
agreement to provide a service, this period starts on the day after the
consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may in general
conditions are never obliged to pay more than 50% in advance. When
advance payment is stipulated, the consumer cannot assert any rights regarding
the execution of the relevant order or service(s), before the stipulated
prepayment has been made.
3. The consumer has the obligation to correct inaccuracies in payment details provided or stated
immediately to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) in time, this will be
he has been informed by the entrepreneur of the late payment and the entrepreneur informs the consumer
has granted a period of 14 days to still fulfill its payment obligations
pay, after failure to pay within this 14-day period, about the remaining
amount owed the statutory interest and the entrepreneur is entitled to
charge extrajudicial collection costs incurred by him. This one
collection costs are a maximum of: 15% on outstanding amounts up to € 2.500; 10%
on the subsequent € 2.500 and 5% on the next € 5.000 with a minimum
from € 40,=. The entrepreneur may deviate from the above for the benefit of the consumer
amounts and percentages.
Article 16 - Complaints
1. The entrepreneur has a sufficiently publicized complaints procedure and
handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted within a reasonable time after the
consumer has discovered the defects, are fully and clearly described
submitted to the entrepreneur in writing or by e-mail.
3. Complaints submitted to the entrepreneur will be processed within a period of 14 days
calculated from the date of receipt. If a complaint is a foreseeable
longer processing time, the entrepreneur within the period of 14
days with a message of receipt and an indication when the consumer
can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to submit the complaint
to be resolved by mutual agreement. After this period, a dispute arises that is subject to
the dispute settlement.
