Terms and Conditions

General Terms and Conditions for Consumers 

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur upon withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Conformity and warranty
Article 13 – Delivery and performance
Article 14 – Duration transactions: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Last update: April 7, 2023

Article 1 – Definitions
In these terms and conditions:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Thinking time: the term within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance Agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance sales of products, digital content and/or services, whereby exclusive or partial use is made of one or more remote communication techniques;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
Terms and Conditions: the present General Terms and Conditions of the company

Article 2 – Identity of the entrepreneur
WalkingPad is a trade name of Afinjo

Afinjo;
Herastraat 43-02
5047 TX Tilburg;
Telephone number: +31 (0)13 8080 212 (on working days: 09:00-18:00)
E-mail address: info@afinjo.nl
Chamber of Commerce number: 61767301
VAT identification number: NL002322356B41

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer via the website. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.

  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. .

  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of of the original as closely as possible.

  6. Situations not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

  7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

  3. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

  5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular;

    1. the price including taxes;

    2. any shipping costs;

    3. the way in which the agreement will be concluded and which actions are required for this;

    4. whether or not the right of withdrawal applies;

    5. the method of payment, delivery and performance of the agreement;

    6. the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

    7. whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer;

    8. the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

    9. any other languages in which, in addition to Dutch, the agreement can be concluded;

    10. the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction.

    11. Optional: available sizes, colors, type of materials.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

  2. If the consumer 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 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

  4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will make the following information available, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: 

    1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

    2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

    3. the information about warranties and existing after-sales service;

    4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;

    5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration; 

    6. if the consumer has a right of withdrawal, the model form for withdrawal.

  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

  7. Every agreement is entered into under the conditions precedent of sufficient availability of the relevant products. 

Article 6 – Right of withdrawal
Upon delivery of products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least fourteen (14) days without giving reasons. The entrepreneur extends this period to a total of thirty (30) days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).

  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or: 

    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times. 

    2. 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 last shipment or the last part;

    3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

  3. If the customer has not made it known after the expiry of the period referred to in paragraph 1 that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact. 

When services and digital content are supplied that are not supplied on a material carrier:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for a minimum period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).

  2. The cooling-off period referred to in paragraph 1 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

  3. The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising 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 to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. 

  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period 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 the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.

  6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

  7. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.

  8. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 9 – Obligations of the entrepreneur upon withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

  2. The entrepreneur will reimburse all payments made by 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 notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier. 

  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different 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 reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal

  1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

    1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

    2. Service agreements, after full or partial performance of the service, but only if:

      1. the performance has begun with the express prior consent of the consumer; and

      2. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

    3. Products manufactured according 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;

    4. Products that have a limited shelf life or age quickly;

    5. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;

    6. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

    7. The delivery of digital content other than on a tangible medium, but only if:

      1. the performance has begun with the express prior consent of the consumer; and

      2. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in import and VAT rates.

  2. Contrary to 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 dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer. 

  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: 

    1. they are the result of legal regulations or provisions; or

    2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

  5. The prices stated in the offer of products or services include VAT.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price. 

Article 12 – Conformity and Warranty 

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

  3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

  4. The warranty period of the entrepreneur is 24 months. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:

    1. The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

    2. The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

    3. The consumer does not perform maintenance on the delivered products in accordance with the instructions provided;

    4. The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used. 

  1. The entrepreneur guarantee is not transferable

  2. The entrepreneur is not obliged to compensate consequential damage caused by the use of a delivered product.

Article 13 – Repair under warranty

  1. The entrepreneur will carry out a repair under warranty with the greatest possible care. However, the entrepreneur is not liable for the loss of any data due to the necessary deletion or replacement of the data carrier and/or the complete product.

  2. If the defect or complaint is not due to the product, the research costs will be charged for the repair. 

  3. Outside the trial period and within the warranty period, the entrepreneur will repair or replace the product free of charge if the warranty conditions are met. If this is not possible within a reasonable period of time, (part of) the purchase price will be reimbursed.

Article 14 – Delivery and performance

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

  2. The place of delivery is the address that the consumer has made known to the entrepreneur.

  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 15 – Duration transactions: duration, cancellation and renewal
Cancellation:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, 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 terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.

  1. The consumer can use the agreements referred to in the previous paragraphs:

    1. cancel at any time and not be limited to cancellation at a specific time or in a specific period;

    2. at least cancel in the same way as they have been entered into by him;

    3. always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.

  2. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. 

Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 16 – Payment

  1. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.

  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

  3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

  4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be due on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next €2,500 and 5% over the next €5,000 with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

  5. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 17 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

  4. If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the complaint was submitted, a dispute will arise that is subject to the dispute settlement procedure.

  5. In the event of complaints, a consumer should first of all turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 18 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. The Vienna Sales Convention does not apply.

Article 19 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I: Model withdrawal form

Model withdrawal form
(only fill in and return this form if you want to cancel the contract)

To: [Company]
[geographical address entrepreneur]

[fax number entrepreneur, if available]

[email address or electronic address of entrepreneur]

I/We* share(s)* hereby inform you that I/we* our agreement regarding the sale of the following products: [product designation]*
the supply of the following digital content: [designation digital content]*
the provision of the following service: [designation of service]*,
revoked/revoked*
Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address consumer(s)]

[Signature consumer(s)] (only if this form is submitted on paper)

* Strike out what is not applicable or fill in what is applicable.

Afinjo
Herastraat 43-02
5047 TX Tilburg
Telephone number: +31 (0)13 8080 212 (on working days: 09:00-18:00)
E-mail address: info@afinjo.nl
Chamber of Commerce number: 61767301
VAT identification number: NL002322356B41

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