General Terms and Conditions - NI-JA Textile Group
Table of Contents:
Article 1 - Definitions.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Articele 5 - The agreement
Article 6 - The price
Article 7 - Performance and additional warranty
Article 8 - Delivery and execution
Article 9 - Payment
Article 10 - Complaints procedure
Article 11 - Disputes
Article 12 - Additional or different provisions
Article 1 - Definitions
In these conditions the following definitions apply:
- Agreement: an agreement under which the franchise studio acquires products and/or services in connection with a distance contract and these items and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
- Franchise studio: the natural or legal person acting for purposes related to the operation of its fitness studio and/or related activities.
- Day: working day.
- Digital content: data produced and delivered in digital form;
- Durable data carrier: any device - including e-mail - that enables the franchise studio or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
- Entrepreneur: NI-JA Textile Group offering products, (access to) digital content and/or services remotely to franchise studio;
- Distance agreement: an agreement concluded between the entrepreneur and the franchise studio within the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the franchise studio and entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur
NI-JA Textile Group;
Monitorweg 24
1322BJ Almere
Phone number: 036-5360026 between 09:00 and 16:00
E-mail address: info@ni-ja.nl
Chamber of Commerce number: 32152943
Btw-identificatienummer: NL1902.75.340.B01
Article 3 - Applicability
- These general conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the franchise studio.
- Before the distance contract is concluded, the text of these general conditions will be made available to the franchise studio. The text of these terms and conditions is available on this website and the franchise studio should read the terms and conditions before he or she checks the relevant box.
- In case specific product or service conditions apply in addition to these general conditions, NI-JA Textile Group will disclose those specific ones to the franchise studio.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the franchise studio. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the franchise studio what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the franchise studio of the offer and compliance with the accompanying conditions.
- If the franchise studio has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the franchise studio may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
- The entrepreneur may - within legal frameworks - inform himself whether the franchise studio can meet his or her payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
Article 6 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Article 7 - Compliance with the agreement and additional guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability.
- Additional warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Article 8 - Delivery and implementation
- The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the franchise studio has made known to the entrepreneur.
- Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously and delivery of the ordered will take place no later than 10 working days after the date of acceptance, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially carried out, the franchise studio will be notified no later than 5 business days after the order was placed. In that case, the franchise studio has the right to terminate the agreement with regard to the article that cannot be delivered within the aforementioned period of 10 working days, without costs.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the franchise studio for the article in question without delay.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the franchise studio or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 9 - Payment
- To the extent not otherwise provided in the agreement or additional terms and conditions, amounts due by the franchise studio must be paid within 14 days from the date the invoice was sent digitally to the email address provided by the franchise studio.
- Where advance payment has been stipulated, the franchise studio cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The franchise studio has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
- If the franchise studio does not timely meet its payment obligation(s), the franchise studio will owe the statutory commercial interest on the amount due after the entrepreneur has pointed out the late payment and the entrepreneur has granted the franchise studio a period of 1 week to still meet its payment obligations, and the entrepreneur has the right to charge the franchise studio the extrajudicial collection costs he has incurred.
Article 10 - Complaints procedure
- Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 1 week after the delivery has taken place by the franchise studio.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
Article 11 - Disputes
- On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.
Article 12 - Additional or different provisions
Additional or different provisions of these general conditions are not applicable.