BASIC FIT Webshop
General Terms and Conditions
Version effective July10, 2023
Article 1 – Applicability
These general terms and conditions of sale (hereinafter "GTCs") govern the relationship between 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 number KvK-34314877, with VAT identification number 820016123B01, with an e-mail address service.clientele@basic-fit.lu (hereinafter referred to as the "Seller" or "Basic-Fit") and the consumer (hereinafter referred to as the "Buyer" or "Customer") for the products that can be found and that are purchased (hereinafter referred to as the "Products") on https://webshop.basic-fit.com/en/lu/home (hereinafter referred to as the "Website").
Prior to the conclusion of any Order between the Seller and the Buyer, the text of these GTCs shall be made available to the Customer. Shortly after the conclusion of an Order, the Customer will receive the GTCs by e-mail.
These Terms and Conditions apply only to Products purchased by Customers for their own membership.
The GTCs can be modified at any time by the Seller. The applicable GTCs shall be the version in force on the date of the Order by the Customer. Before completing the Order, the Customer is invited to read the GTCs by clicking on the "General Terms and Conditions" link, print them, save them and accept them. For the best interest and protection of the Customer, the Customer is advised to read the GTCs carefully before clicking and accepting them and before concluding the Order. If the Customer does not fully understand any provision of the GTCs, the Customer may request additional information by sending an email to service.clientele@basic-fit.lu.
The Customer acknowledges having had access to these GTCs before concluding the purchase, in a legible and comprehensible manner.
Therefore, the Customer declares to have fully read and accepted the GTCs before concluding the online purchase.
These GTCs shall come into force between the parties on the date of the Order as defined in Article 5 below, for the duration necessary for the supply of the Products, until the expiration of the obligations and warranties of the Seller.
These GTCs contain the entirety of the obligations of the parties. From then on, the Customer is deemed to accept without reservation the present GTCs.
These GTCs apply to the exclusion of any other type of provisions and/or terms and/or conditions, including, but not limited to, those applicable to any on-site purchase – if applicable – or any other type of distribution and/or marketing channel – if applicable.
If either party fails to address a claim that is based on a breach of any provision of these GTCs, such conduct shall not be construed as a waiver of that obligation and/or provision.
If one or more provisions of these GTC are at any time wholly or partially invalid or void, the remaining provisions of these GTC shall remain in full force and effect.
Article 2 – Definitions
Article: designates an article of these GTCs, unless otherwise specified.
Basic-Fit or Vendor: refers to the company Basic-Fit as described above and acting in the capacity of Vendor.
Buyer or Customer: means any natural person using the Site and placing an online Order as a consumer.
CGV: means these terms and conditions.
Offer: means the Products which are offered online by the Seller on the Site as described in article 3 below.
Order: means the Products purchased online by the Buyer on the Site as described in article 5 below.
Product(s): means any goods and/or services offered by the Seller on the Site.
Website: means the online store owned by Seller as described above.
Each definition refers to both singular and plural and to all genders.
Article 3 – Offer
The Products offered by the Seller on the Site are presented and described in the most accurate way possible, so that the Buyer can know 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 example, to improve the Products or their description);
Despite all the care and precision taken in the presentation and description of the Products on the Site, the Seller cannot guarantee the non-essential characteristics of the Products (such as the exact correspondence of the colors as displayed on the Site with the true colors of the Products).
If the stock of Products is not sufficient and if a future delivery is impossible, the Customer will be informed as soon as possible and the Order will be cancelled, which will lead the Buyer to be reimbursed for the full purchase price.
Article 4 – Price
The price of the Products is freely determined by the Seller in accordance with all applicable laws and regulations. The price will be mentioned to the Customer on the Site in euros, including all taxes and possible charges (in particular VAT, labelling costs, ecotax, customs charges), but excluding delivery costs. The Seller shall add the delivery costs to the price before the Order is placed, so that the Customer will know the total price (including delivery costs) before the Order is placed.
The Customer acknowledges having read the prices of the Products on the Site, as described above.
For each Product, the price can 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.
In addition, in case of a promotional code, the following will apply:
The promotional code dedicated to a specific advertising campaign must be mentioned by the Customer when requested;
Only Customers as defined above (i.e. any natural person using the Site and placing an online Order as a consumer) may use the promotional codes;
Promotional codes are valid only while supplies last;
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 additional costs, such as shipping costs.
Article 5 – Order
In order to validate an Order and thus purchase Products on the Site, the Customer must :
Go on the website and consult the Offers;
Choose the Products that the Customer wishes to purchase;
Check his basket on the Site, so that the Customer can identify and correct his own errors if necessary;
Once the shopping cart is correct, the Customer can validate the Order, by filling in his/her personal information (including the delivery address), accepting the full price (including the delivery charges), choosing the appropriate payment method, and accepting the GTCs.
Once an Order is accepted by the Customer, it means that the Customer accepts the proposed Products he/she has chosen and their prices. Therefore, each Order must be paid for by the Customer accordingly. When the Order is paid for by the Customer, the Order is firm and final.
The Customer will receive an email confirmation of the Order from Basic-Fit.
Article 6 – Payment
The payment of the price by the Customer will be made by credit card or by any other option proposed on the Site and best suited to the Customer, when applicable.
When payment is made by credit card, the transaction is immediately debited from the Customer's credit card after verification of the Customer's data, upon receipt of the debit authorization from the company issuing the credit card used by the Customer. Thus, the sums that will be paid will never be considered as a deposit or as a down payment.
The Customer may not revoke a payment order once it has been received by the payer's payment service provider, unless otherwise provided by law. Thus, by providing his credit card information, the Customer duly authorizes the Seller to debit his credit card for the same amount as the total price (including shipping costs).
The Seller reserves the right to refuse the Order for any legitimate reason, particularly in the event of a previous or current dispute with a Customer relating to the payment of a previous Order.
Article 7 – Delivery and performance
Delivery shall be made by the Seller only after the Customer has collected the price of the Order, under the following conditions:
The Customer may choose one of the delivery methods offered on the Site;
Delivery is currently only possible in the following countries: The Netherlands, Belgium, Luxembourg, Germany, France and Spain.
The Customer will choose and fill in the delivery address. The Customer shall be solely responsible for any failure to deliver due to a defect in the delivery address. Any package returned to the Seller due to an incorrect or incomplete delivery address will be refunded to the Customer;
The amount of the delivery charges depends of the Order and the delivery method chosen by the Customer. In any event, the delivery costs will always be mentioned on the Site before the validation of the Order;
Delivery times are indicated on the Site and may vary depending on the availability of the Products. The delivery period shall begin on the date of the Order.
In Luxembourg, the usual delivery time is 1 to 2 working days, starting from the dispatch of the order.
The Customer may track his or her Order at any time, using the tracking number that was sent to him or her by e-mail.
For more information on delivery times, please visit https://webshop.basic-fit.com/fr/lu/shipping.html ;
In the event of late delivery, the Order will not be cancelled. The Seller will inform the Customer of this delay by sending an email;
However, (i) if the Customer sends the Seller formal notice by letter or e-mail to deliver the Order within a reasonable additional time, (ii) and Seller fails to comply within such reasonable additional time, (iii) then Customer may cancel the Order by sending a further letter or e-mail clearly expressing such intent to cancel the Order. In this case, Seller shall refund Customer within fourteen (14) days of the date the Order was cancelled and terminated;
Upon delivery, the Customer must check the condition of the packaging and the Products;
If the package is damaged upon delivery: all risk of loss or damage to the Products is transferred to the Customer when the Customer or a third party designated by the Customer takes physical possession of the Products. It is the Customer's responsibility to express, within seventy-two (72) hours of receipt of the Products, any reservations and claims that he/she deems necessary, or even to refuse delivery if the package is obviously damaged. In this case, these reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt with a copy to the Seller.
Article 8 – Right of withdrawal
8.1. Principle
After the day of delivery of the Products, the Customer has a period of fourteen (14) days to exercise his right of withdrawal without any reason, starting from the reception of the Products. In the case of an Order for multiple Products delivered separately or in the case of an Order for a Product consisting of multiple lots or parts delivered over a period of time, the time period shall begin upon receipt of the last Product or lot or part.
The day of delivery is not included in these fourteen (14) days. If these fourteen days end on a Saturday, Sunday or holiday or non-working day, the withdrawal period will expire on the next business day.
During this withdrawal period, the Customer shall handle the Products and the packaging with care. Customer shall not unpack or use the Products except as necessary to evaluate whether Customer wishes to retain the Products. If the Customer uses this right of withdrawal, the Customer shall return the Products with all accessories and - as far as possible - in their original condition to the Seller in accordance with the instructions provided by the Seller.
To exercise his right, the Customer can use the form at the bottom of these GTCs or contact the customer service using the contact form available at the following link: https://webshop.basic-fit.com/fr/fr/contactus
Once the Customer has made his intention to withdraw known, the Customer must return the Products within fourteen (14) days. Customer must be able to prove that the Products were returned in a timely manner (e.g., by means of proof of shipment and return receipt).
The Customer can return the Products according to the conditions establishes on the follwing link : https://webshop.basic-fit.com/fr/fr/returns.html
The Seller shall make the refund using the same payment method as the one used by the consumer for the initial transaction, unless the Customer expressly agrees to use another payment method and as long as the refund does not incur any costs for the Customer.
The refund will be made no later than fourteen (14) days from receipt of the products accompanied by the return form to the following address:
Basic-Fit International B.V.
Reply Number 2591
Borchwerf 5
4704 RG Roosendaal
Netherlands
8.2. Reimbursement terms
If the conditions for a refund are met, the returned Products will be refunded as soon as possible and at the latest within fourteen (14) days following receipt of the notification of the exercise of the right of withdrawal.
Refunds will be made via the same payment method used by the Customer, unless the Customer expressly authorizes another payment method.
When Customer returns an entire Order, the original shipping charges will also be refunded. When the Customer returns part of an Order, only the returned Products will be refunded.
Return shipping costs are the responsibility of the Customer, unless a return shipping label is used as described on : https://webshop.basic-fit.com/fr/lu/returns.html.
In the event of deterioration of the Products by the Customer, the Customer shall be held responsible for any loss of value of said Products, except to the extent necessary to determine the nature, characteristics and operation of the Products.
8.3. Limits to the right of withdrawal
Any damaged, soiled or incomplete Product will be refused.
Some items are not eligible for the right of withdrawal, such as: items made to the Buyer's specifications or clearly personalized; items that cannot be returned due to their nature; items that are perishable or subject to deterioration; items that have been unsealed by the Customer and cannot be returned for reasons of hygiene or health protection (such as underwear, earplugs, mouth guards, protective shells, anti-perspiration items, swimwear).
Article 9 - Compliance and Warranty
9.1. Legal guarantee
The Products sold by the Vendor on the Site to its Clients must be free of defects and conform to the Orders.
The Seller is responsible for hidden defects in the Products.
The Seller is responsible for the defects of conformity of the Products existing at the time of the delivery of the good and which appear within two (2) years as from this one. For used goods, this period is set at twelve (12) months.
Any defects in conformity that appear within twenty-four (24) months of delivery of the Products shall, unless proven otherwise (and unless incompatible with the nature of the Products, such as second-hand or reconditioned Products), be presumed to exist at the time of delivery.
The good is in conformity with the contract if it meets the following criteria:
It corresponds to the description, type, quantity and quality, including functionality, compatibility, interoperability, or any other characteristics provided for in the contract, as mentioned in the Offer;
It is suitable for any particular use sought by the Customer and 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 corresponds to the use normally expected for goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
If applicable, it shall have the qualities that the Seller has presented to the Customer in the form of a sample or model, prior to the placing of the Order;
Where applicable, the digital elements contained therein are provided according to the most recent version 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 packaging, and installation instructions that the Customer may legitimately expect;
If applicable, it is provided with the updates that the Customer can legitimately expect;
It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the Customer may legitimately expect of a good of the same type, taking into account the nature of the good as well as public statements 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 label.
However, the Seller shall not be bound by any of the public statements mentioned in the preceding paragraph if it demonstrates:
That he did not know them and was not legitimately able to know them;
That at the time of the conclusion of the contract, the public statements had been corrected in a manner comparable to the original statements; or
That the public statements could not have influenced the purchase decision.
The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately consented at the time of the conclusion of the contract.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
The legal guarantee of conformity implies an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
1 The trader refuses to repair or replace the property;
2° The repair or replacement of the good takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if the consumer bears the cost of installing the repaired or replaced good;
4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the repair or replacement of the good beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the good restored.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against the return of the good.
In order to benefit from the warranty, the Customer shall notify the Seller at service.clientele@basic-fit.lu or by registered mail to the address of the Product Return Department (Postbus 3124, 2130 KC Hoofddorp, The Netherlands) of the alleged defect(s) in the Product as soon as the defect(s) is (are) discovered, but no later than one month after the defect(s) has (have) been discovered, providing a detailed description of the alleged defect(s) and proof of same, and providing the Product's serial number and the conditions under which the Product was used.
After written agreement of the Seller, the Customer shall send within fifteen days, to the address of the Product Return Service the complete Product, in its original packaging, and refrain from carrying out himself or to have carried out a repair by a third party.
In the event of a defect recognized by Seller under this warranty, Seller shall, at its option, replace the defective Product(s) or exchange the defective material or part(s) with Products of at least equivalent performance and which may differ in design and/or presentation. The shipping and return costs will be paid by the Seller if it is established that the product was not in conformity.
9.2. Commercial guarantee
In addition to the legal guarantee of conformity that applies to all Products, some Products are covered by a commercial guarantee from the manufacturer of said Products, which allows you to benefit from a specific after-sales service.
Where a commercial warranty 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 provisions that may apply in this regard, it is also stated that the warranty does not apply if:
The Customer has repaired and/or transformed the Products by himself or had them repaired and/or processed by third parties;
The Products have been exposed to abnormal conditions or otherwise handled negligently or contrary to Seller's instructions after delivery;
Article 10 – Force majeure
In the event of a force majeure event, Seller's performance of its obligations under these GTCs shall be suspended. Seller shall notify Customer within thirty (30) days of the date of occurrence of such event. If Seller's performance continues to be suspended for more than thirty (30) days, Customer shall have the option of terminating the current Order and receiving a refund from Seller.
Article 11 – Customer account
The Customer must be reachable by email.
The Customer is responsible for the use of his login and password. Basic-Fit therefore advises the Customer to use a unique password and to keep this password secret with the utmost care.
The Customer is responsible for the accuracy of his own account data.
The customer has only one customer account with Basic-Fit. Basic-Fit reserves the right to delete multiple registrations from the same person.
To prevent abuse or fraud, Basic-Fit will conduct periodic or random checks of Orders and claims. In case of suspected abuse or fraud, Basic-Fit may conduct additional checks. The Customer will be informed accordingly. In case of suspected abuse or fraud, Basic-Fit reserves the right to block and keep blocked the concerned customer account.
Article 12 – Claims
The Basic-Fit teams do everything in their power to be of service to each and every one of our clients and want them to have the best experience. In the event that a customer has a complaint, the Basic-Fit team regrets it and would be happy to hear it. The Customer may first report complaints to the customer service department by filling out the contact form at: https://webshop.basic-fit.com/fr/lu/returns.html. If a complaint is not heard, please refer to Section 15 – Applicable Law and Disputes below.
Article 13 – Personal data
In order to execute your contract, we collect your personal data. Basic-Fit processes your personal data appropriately and with all due diligence, within the framework of the applicable laws and regulations, including the General Data Protection Regulation (GDPR).
Basic-Fit's privacy statement lists what data we process, for what purposes we process it and how we process personal data. It also explains how data subjects can exercise their rights regarding the processing of their personal data. You can find Basic-Fit's privacy statement on our website.
Article 14 – Basic-Fit Customer Service Contact Information
Our customer service contact information is as follows:
Online contact form : https://webshop.basic-fit.com/fr/lu/returns.html ;
Mailing address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands.
Article 15 – Applicable law – disputes
If your complaint is not resolved after contacting the customer service, you can contact the National Consumer Ombudsman Service:
Via the dedicated form available on the site: https://www.mediateurconsommation.lu/fr/content/introduire-une-demande
By mail sent to the following address Ancien Hôtel de la Monnaie, 6 rue du Palais de Justice, L-1841 Luxembourg.
The laws of Luxembourg apply to these terms and conditions and your Agreement with Basic-Fit.
If any provision of these GTCs is invalid or deemed invalid, the remaining provisions shall remain in effect.
Any disputes arising in connection with the Agreement shall be submitted, at the option of the plaintiff, to the court of the place where the defendant resides or to the court of the place of performance of the Agreement.
You can (also) access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr/.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is not applicable.
Appendix: Template Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract. We recommend that you enter the order number)
– To the attention of
Basic-Fit International B.V.
Postbus 3124
2130 KC Hoofddorp
Netherlands
Email: service.clientele@basic-fit.lu
– I hereby notify you of my withdrawal from the contract for the sale of the following goods: (identification of the product(s) on which the right of withdrawal is exercised)
– Ordered on (DD-MM-YYYY)
– Order number:
– Received on (DD-MM-YYYY)
– Name of the customer:
– Address of the Customer:
– Signature of the consumer customer (only in case of notification of this form on paper)
– Date (DD-MM-YYYY):