General terms and conditions

BASIC FIT Web shop

General terms and conditions

Version as from May 8, 2023

Article 1 – Applicability

These general terms and conditions (hereinafter referred to as the “GTC”) govern the relationships between the company Basic-Fit International B.V., a company duly incorporated under the laws of the Netherlands (“besloten vennootschap”) with a share capital of 180 euros, having its registered office at Wegalaan 60, 2132 JC Hoofddorp, the Netherlands, duly registered under the number KvK-34314877, having the VAT identification number 820016123B01, email address service.clientele@basic-fit.fr (hereinafter referred to as the “Seller” or “Basic-Fit”) and the consumer (hereinafter referred to as the “Buyer” or the “Client”) for the products that can be found and that are purchased (hereinafter referred to as the “Products”) on https://webshop.basic-fit.com/en/fr/home (hereinafter referred to as the “Website”).

Before any Order is concluded between the Seller and the Buyer, the text of these GTC will be made available to the Client. Shortly after concluding an Order, the Client will receive the GTC by e-mail.

These GTC are only applicable for Products that are purchased by Clients on their own behalf.

The GTC can be amended at any time by the Seller. The applicable GTC will be the version in force at the date of the Order by the Client. Before concluding the Order, the Client is asked to read the GTC by clicking on the link “general terms and conditions”, to print them, to save them, and to accept them. For the best interest and the own protection of the Client, the Client is advised to carefully read the GTC before clicking and accepting them and before concluding the Order. If the Client does not fully understand any provision of the GTC, he can ask for further information by sending an email to service.clientele@basic-fit.fr.

The Client hereby acknowledges that he/she had full access to these GTC before concluding the purchase, in a readable and understandable manner, and to any other information that is listed in the article L.221-5 of the French consumer code (“Code de la consommation”), including but not limited through these GTC.

Therefore, the Client hereby declares to have fully read and accepted the GTC before concluding the online purchase. Consequently, these GTC are binding and actionable in accordance with the article 1119 of the French civil code (“Code civil”).

These GTC enter into force between the parties on the date of Order as defined in Article 5 below, for the duration that is necessary for the supply of the Products, until the expiry of the obligations and guarantees from the Seller.

These GTC contain all of the obligations of the parties. Therefore, the Client is deemed to accept these GTC without any reservation.

These GTC apply with the exclusion of any other kind of provisions and/or terms and/or conditions, including but not limited to the ones that are applicable for any purchase on-site – if any – or for any other kind of distribution and/or commercialization channel – if any.

If one of the parties does not process a claim that would be based on a breach of a provision from these GTC, such behaviour shall not be interpreted as a waiver of such obligation and/or such provision.

If one or more provisions in these GTC at any time are wholly or partially void or cancelled, the other provisions of these GTC will remain in full force.

Article 2 – Definitions

Article: refers to an article of these GTC, unless otherwise is mentioned.

Basic-Fit or Seller: refers to the company Basic-Fit as described above and acting as the Seller.

Buyer or Client: refers to any natural person using the Website and concluding an Order online while acting as a consumer.

GTC: refers to these general terms and conditions.

Offer: refers to the Products that are offered online by the Seller on the Website as described in Article 3 below.

Order: refers to the Products that are purchased online by the Buyer on the Website as described in Article 5 below.

Product(s) : refers to any goods and/or services that are offered by the Seller on the Website.

Website: refers to the webshop owned by the Seller as described above.

Every definition refers both to singular, plural and all genders.

Article 3 – Offer

The Products offered by the Seller on the Website are shown and described as precisely as possible, so the Buyer can know about the essential characteristics of the Products.

Nevertheless:

• The Seller reserves the right to adapt or modify its Offer at any time until the final validation of the Order (for instance, to improve the Products or their description);
• Despite all the meticulousness and precision provided in the presentation and the description of the Products on the Website, the Seller cannot guarantee the non-essential characteristics of the Products (such as the exact correspondence of the colors as displayed on the Website with the true colors of the Products).

If the stock of the Products is not sufficient and if a future delivery remains impossible, the Client will be informed as soon as possible and the Order will be cancelled, which will lead the Buyer to be paid back for all of the purchase costs.

Article 4 – Price

The price of the Products is freely defined by the Seller, in accordance with every applicable law and regulation. The price shall be mentioned to the Client on the Website in euros, including all taxes and costs if any (including but not limited to VAT, labelling fee, eco-tax, custom fee), but without delivery fee. Ultimately and before the conclusion of the Order, the delivery fee will be added to the price by the Seller, so the Client will be able to know the full price (including delivery fee) before the Order is concluded.

The Client hereby acknowledges to have been aware of the price of the Products on the Website, as described above.

For each Product, the price may be modified, changed or updated by the Seller at any time on the Site. In any case, the applicable prices are the prices displayed on the Site at the time of the Order.

Furthermore, in case of a promotional code, the following shall apply:

• The promotional code dedicated to a specific advertising campaign shall be mentioned by the Client where it is requested;
• Only the Clients as defined above (i.e. any natural person using the Website and concluding an Order online while acting as a consumer) will be able to use promotional codes;
• The promotional codes are only valid within the limits of the available stocks;
• A promotional code can only be used once;
• The promotional code is only valid for the price of the Product itself and has no impact on the additional fees, such as delivery fee.

Article 5 – Order

In order to validate an Order and therefore buy Products on the Website, the Client shall:

• Go to the Website and consult the Offers;
• Chose the Products that the Client wishes to purchase;
• Check his/her basket on the Website, so the Client can identify and correct his/her own mistakes if necessary;
• Once the basket is correct, the Client can validate the Order, by filling-in his/her personal information (including delivery address), by accepting the full price (including delivery fee), by choosing the appropriate payment means, and by accepting the GTC.
• Once an Order is accepted by the Client, it means that the Client accepts the offered Products that he/she chose and their prices. Therefore, every Order must be paid by the Client accordingly. When the Order is paid by the Client, the Order is firm and final.
• The Client will receive a confirmation email of the Order from Basic-Fit.

Article 6 – Payment

The payment of the price by the Client shall be made by bank card or by any other option that is suggested on the Website and that suits the Client best, if any.

When the payment is made by bank card, the transaction is immediately debited from the Client’s bank card after verification of the latter's data, upon receipt of the debit authorization from the company issuing the bank card used by the Client. Thus, the amounts that will be paid will never be considered as a deposit or as a down payment.

According to article L.133-8 of the French monetary and financial code (“Code Monétaire et Financier”), the Client cannot revoke the payment order once it has been received by his/her payment service provider, except as otherwise provided by law. Therefore, by filling-in his/her bank card information, the Client duly authorizes the Seller to debit his/her bank card from the same amount of the full price (including delivery fee).

According to article L.121-11 of the French consumer code (“Code de la consommation”), the Seller reserves its right to refuse the Order for any legitimate reason, especially in case of previous or current dispute with a Client regarding the payment of a previous Order.

Article 7 – Delivery and execution

Delivery can only be made by the Seller after the payment of the price of the Order by the Client, under the following conditions:

• While placing the Order, the Client will be able to choose one of the delivery methods that are proposed on the Website;
• To date, delivery is only possible in the following countries: The Netherlands, Belgium, Luxembourg, Germany, France and Spain;
• The Client will choose and fill-in the delivery address. The Client will be solely responsible for a lack of delivery due to a lack of information of the delivery address. Any package that will be returned to the Seller due to an incorrect or incomplete delivery address will be refunded to the Client;
• The amount of the delivery fee depends of the Order and of the delivery method that is chosen by the Client. In any case, the delivery fee will always be mentioned on the Website before the validation of the Order;
• The delivery time are shown on the Website and may vary depending of the availability of the Products. The delivery time runs from the date of the Order. In France, the usual delivery times are 2 to 3 working days, from the dispatch of the order. The Client can track the Order at any time, using the tracking number sent by email. For more information on delivery times, go to https://webshop.basic-fit.com/fr/fr/shipping.html?lang=fr_FR ;
• In the event of a late delivery, the Order will not be cancelled. The Seller will inform the Client about such delay by sending an email.
• However, (i) if the Client gives formal notice by sending a letter or an email to the Seller to deliver the Order within a reasonable additional delivery time, (ii) and if the Seller does not comply to do so within such reasonable additional delivery time, (iii) therefore, the Client will be able to cancel the Order by sending another letter or an email clearly expressing this intention of cancelling the Order. In such event, the Seller will refund the Client within fourteen (14) days following the date on which the Order was cancelled and terminated;
• Upon delivery, the Client must check the condition of the packaging and of the Products;
• If the parcel is damaged upon delivery: any risk of loss or damage to the Products is transferred to the Client when the latter or a third party designated by him/her takes physical possession of these Products. It is up to the Client to issue, within seventy-two (72) hours after having received the Products, any kind of reservations and complaints that the Client would see as necessary, or even to refuse delivery when the parcel is obviously damaged. In such event, such reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt with copy to the Seller;

Article 8 – Right of withdrawal

8.1. Principle

According to article L.221-18 of the French consumer code (“Code de la consommation”), after the day of delivery of the Products, the Client has fourteen (14) days to exercise his/her right of withdrawal without a cause from receipt of the Products. In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of lots or multiple parts, the delivery of which is staggered over a defined period, the period runs from receipt of the last Product or batch or of the last part.. The day of delivery is not part of these fourteen (14) days. If these fourteen days end on a Saturday, a Sunday, or a public holiday, or a nonworking day, the withdrawal period will expire on the next business day.

During this withdrawal period, the Client will handle the Products and the packaging with care. The Client will only unpack or use the Products if this is necessary to assess whether the Client wishes to keep the Products. If the Client uses this right of withdrawal, the Client will return the Products with all accessories and – as much as possible – in the original condition, to the Seller, in accordance with the instructions provided by the Seller.

To exercise his right, the Client can use the form at the bottom of these GTC or contact customer service using the contact form available at the following link: https://webshop.basic-fit.com/fr/fr/ contactus

Once the Client has made it known that he intends to withdraw, the Client must return the Products within fourteen (14) days. The Client must be able to prove that the Products have been returned on time (for instance, by means of proof of dispatch and acknowledgement of receipt).

The Client may return the Products in the manner provided at: https://webshop.basic-fit.com/en/fr/home

The Seller refunds using the same means of payment as that used by the consumer for the initial transaction, unless the Client expressly agrees to use another means of payment and insofar as the refund does not give rise to costs for the Customer.

The refund will be made no later than fourteen (14) days from receipt of the products accompanied by the return slip to the following address:

Basic-Fit International B.V.

Reply Number 2591

Borchwerf 5

4704 RG Roosendaal

The Netherlands

8.2. Refund conditions

If the conditions for a refund are met, the returned Products will be refunded as soon as possible and no later than fourteen (14) days after receiving the notification of the use of the right of withdrawal.

The refund will be made via the same payment method used by the Client, unless the Client expressly gives permission for another payment method.

When the Client returns an entire Order, the original shipping costs will also be refunded. When the Client returns part of an Order, only the returned Products will be refunded.

The costs of return are borne by the Client, unless a return label is used as described at: https://webshop.basic-fit.com/en/fr/returns.html

In the event of damage to the Products by the Client, the Client will be held liable for any loss in value of the said Products, except to the extent necessary to determine the nature, characteristics and functioning of the Products.

8.3. Limitation of the right of withdrawal

Any Product that is damaged, soiled or incomplete will be refused.

According to article L.221-28 of the French consumer code (“Code de la consommation”), certain items cannot be subject to the right of withdrawal, such as: items that are made based on Buyer’s specifications or clearly personalized ; items that cannot be returned due to their nature; items that are personalized; items that are perishable or subject to deterioration; items which have been unsealed by the Client and that cannot be returned due to hygiene or health protections reasons (such as underwear, earplugs, mouth guards, protective shells, sweating items, swimsuits).

Article 9 - Conformity and warranty

9.1. Legal warranty

The Products that are sold by the Seller on the Website to the Clients must be free of defects and must comply with the Orders.

According to articles 1641 and subsequents of the French civil code (“Code civil”), the Seller is liable for any hidden defects of the Products.

According to articles L.217-3 and subsequents of the French consumer code (“Code de la consommation”), the Seller is responsible for defects in conformity of the Products existing at the time of delivery of the goods and which appear within a period of two (2) years from this. For second-hand goods, this period is set at twelve (12) months.

According to article L.217-7 of the French consumer code (“Code de la consommation”), any lack of conformity that appears within twenty-four (24) months from the delivery of the Products is, unless proven otherwise (and unless it is incompatible with the nature of the Products, such as second-hand or reconditioned Products), presumed to be existent at the time of delivery.

According to articles L.217-4 and L.217-5 of the French consumer code (“Code de la consommation”), the good is in conformity with the contract if it meets the following criteria:

• It fits with the description, type, quantity and quality in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract, as mentioned in the Offer;
• It is suitable for any special use sought by the Client brought to the attention of the Seller at the latest at the time of the conclusion of the contract and that the latter has accepted;
• It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
• It is updated in accordance with the contract;
• It fits with the use usually expected for a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
• If applicable, it has the qualities that the Seller presented to the Client in the form of a sample or model, before placing the Order;
• If applicable, the digital elements it contains are provided according to the most recent version that is available at the time of the conclusion of the contract, unless the parties agree otherwise;
• If applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the Client can legitimately expect;
• If applicable, it is provided with the updates that the Client can legitimately expect in accordance with article L. 217-19 of the Consumer Code;
• It fits with the quantity, quality and other characteristics, in particular including in terms of durability, functionality, compatibility and safety, which the Client can legitimately expect from goods of the same type, having regard to the nature of the good as well as to the public declarations made by the Seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the labeling.

However, the Seller is not bound by any public declarations mentioned in the preceding paragraph if it demonstrates:

• That the Seller did not know them and was not legitimately able to know them;
• That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or
• That public statements could not have influenced the purchase decision.

The Client may not challenge conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when of the conclusion of the contract.

To benefit from the guarantee, the Customer must notify the Seller at the address service.clientele@basic-fit.fr or by registered mail to the address of the Product Return Service: Postbus 3124, 2130 KC Hoofddorp, Netherlands, of defects attributed to the Product as soon as they appear, and, at the latest, within one month, by providing a detailed description of the fault(s) attributed and proof of these, the serial number of the Product and its terms of employment.

After written agreement from the Seller, the Customer must send the complete Product to the Product Return Service address within fifteen days, in its original packaging, and refrain from carrying out any repairs or having them carried out. by a third party.

In the event of a defect recognized by the Seller under this warranty, the Seller shall, at its option, replace the Product(s) recognized as defective or exchange the material or parts recognized as defective, and this by Products with at least equivalent performance and may present differences in design and/or presentation. Shipping and return costs will be borne by the Seller if it is established that the product was indeed not compliant.

9.2. Commercial warranty

In addition to the legal warranty of conformity which applies to all the Products, some Products are covered by a commercial warranty from the manufacturer of the said Products, which allows the benefit of a specific after-sale-service.

When a commercial guarantee exists, it is provided with the Product. It is up to the Customer to follow the dedicated procedure and to contact the manufacturer if necessary.

9.3. Exclusion

In addition to any legal provision that might apply in this respect, it is mentioned as well that the warranty does not apply if:

• The Client has repaired and/or processed the Products by himself/herself or has had them repaired and/or processed by third parties;
• The Products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the Seller, after delivery;

Article 10 – Force majeure

According to article 1218 of the French civil code (“Code civil”), in the event of the occurrence of a force majeure event, the performance by the Seller of its obligations under these GTC will be suspended. The Seller will notify the Client accordingly within thirty (30) days from the date of occurrence of such event. When the suspension of the performance of the Seller's obligations continues for a period of more than thirty (30) days, the Client has the option to terminate the current Order and therefore to be refunded by the Seller.

Article 11 - Client account

The Client must be reachable by e-mail.

The Client is responsible for the use made of his username and password. Basic-Fit therefore advises the Client to use a unique password and to keep this password secret with due care.

The Client is not entitled to allow other people to use his/her Client account.

The Client is responsible for the accuracy of the data in its own account.

The Client shall have one Client account only with Basic-Fit. Basic-Fit reserves the right to delete multiple registrations from the same person.

To prevent abuse or fraud, Basic-Fit will carry out periodic or random checks on Orders and complaints. In case of suspected abuse or fraud, Basic-Fit can carry out additional checks. The Client will be informed accordingly. In case of alleged abuse or fraud, Basic-Fit reserves the right to block and keep blocked the relevant Client account.

Article 12 – Complaints

Basic-Fit teams do their utmost to be of service to everyone and want to enable Clients to have the best experience. In the event that a Client has any complaints, Basic-Fit teams regret this and would be more than happy to hear them. The Client can first report complaints to the customer service by filling in the contact form at: https://webshop.basic-fit.com/en/fr/contactus. If a complaint is not heard, please refer to the Article 15 – Applicable law and disputes below.

Article 13 – Personal data

In order to execute your agreement, we collect your personal data. Basic-Fit processes your personal data appropriately and with due care and within the framework of the applicable legislation and regulations, such as the General Data Protection Regulation (GDPR).

The privacy declaration of Basic-Fit lists which data is processed by us, for which purposes we process it and how we handle the personal data. It also explains the way in which involved persons are able to exercise their rights for the processing of their personal data. You can find the Basic-Fit privacy statement on our website.

If you do not wish to be solicited by telephone, you have the right to register on the opposition list to cold calling called Bloctel. You can also register on the opposition list on the website www.bloctel.gouv.fr or by post to the following address: Worldline - Service Bloctel CS 61311 - 41013 Blois Cedex, France.

Article 14 – Basic-Fit customer service contact details

The contact details of our customer service department are the following:

• Online form: https://webshop.basic-fit.com/en/fr/contactus;
• Post address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands.

Article 15 – Applicable law and disputes

If your complaint is not solved after contacting the customer service, you can contact the mediator appointed by Basic-Fit:

• Via the dedicated form available on the website of the “Centre de Médiation et d’Arbitrage de Paris”: www.mediateur-conso.cmap.fr;
• Or by post mail sent to the “CMAP - Service Médiation de la Consommation” at the following address: 39 avenue Franklin Roosevelt, 75008 Paris.

French law is applicable to these GTC and to the Orders.

If a clause of these GTC is deemed void or cancelled, the other clauses shall remain in full force.

In accordance with article 46 of the French civil procedure code (“Code de procédure civile”), any dispute that may arise in connection with these GTC and the Orders shall be submitted either to the competent courts of the place where the defendant lives or to the competent courts where the Orders have been delivered and thus where the contract is executed, at the plaintiff’s sole discretion.

It is also possible to refer to the European Commission's online platform for online dispute resolution, at the following link: http://ec.europa.eu/consumers/odr/

The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is not applicable.

MODEL REVOCATION FORM

(Please complete and return this form only if you wish to withdraw from the contract. We advise you to fill in the order number)

- To the attention of

Basic-Fit International B.V.

Postbus 3124,

2130 KC Hoofddorp,

The Netherlands

Email: service.clientele@basic-fit.fr

— I hereby notify you of my withdrawal from the contract relating to the sale of the good(s) below: (identification of the good(s) on which the right of withdrawal is applied)

— Ordered on (DD-MM-YYYY)

— Order number :

— Received on (DD-MM-YYYY)

— Name Consumer Client:

— Address Consumer Client:

— Signature Consumer Client (only in the event of notification of this form on paper)

— Date (DD-MM-YYYY)