Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Perfect Shape. 
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All original prices used by Perfect Shape are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Perfect Shape is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
3. Increases in the cost prices of products or parts thereof, which Perfect Shape could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Payments 

1. The full payable amount is always paid immediately in the online store. There applies an exception for payments fulfilled with Klarna. When Klarna has been used as the payment method during check out, the (deferred) payment will be handled via the Klarna platform and its corresponding conditions apply (please refer to Klarna’s website for more details about their conditions).
2. In some cases, a deposit is expected for reservations. In those cases, the buyer will receive proof of its reservation and advance payment.
3. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
4. If the buyer remains in default, the seller will proceed to cost recovery by a debt collection agency. The costs related to that collection will be borne by the buyer. These collection costs are calculated on the basis of the Dutch Decree on compensation for extrajudicial collection costs. 
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Perfect Shape on the customer are immediately due and payable. 
6. If the customer refuses to cooperate with the performance of the agreement by Perfect Shape, he is still obliged to pay the agreed price to Perfect Shape.  

Samples / models 

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model. 

Right of recovery of goods 

1. As soon as the customer is in default, Perfect Shape is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Perfect Shape invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Perfect Shape, unless the parties agree to make other arrangements about this. 
4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation 

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason (right of withdrawal). The period starts from the moment that the (entire) order is received by the consumer.
2. There is no right of withdrawal if the products are custom-made according to its specifications or have a short shelf life.
3. The consumer can make his appeal to the right of withdrawal known via info@perfect-shape.nl. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
4. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the unused and undamaged product with all accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the return policy provided by Perfect Shape.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

1. Perfect Shape can appeal to his right of retention of title and in that case retain the products sold by Perfect Shape to the customer until the customer has paid all outstanding invoices with regard to Perfect Shape, unless the customer has provided sufficient security for these payments. 
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Perfect Shape.
3. Perfect Shape is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement  

The customer waives his right to settle any debt to Perfect Shape with any claim on Perfect Shape. 

Retention of title 

1. Perfect Shape remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Perfect Shape under whatever agreement with Perfect Shape including of claims regarding the shortcomings in the performance.
2. Until then, Perfect Shape can invoke its retention of title and take back the goods. 
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 
4. If Perfect Shape invokes its retention of title, the agreement will be dissolved and Perfect Shape has the right to claim compensation, lost profits and interest.

Delivery 

1. Delivery takes place while stocks last.
2. Delivery takes place at Perfect Shape unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer. 
4. If the agreed price is not paid on time, Perfect Shape has the right to suspend its obligations until the agreed price is fully paid. 
5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Perfect Shape.

Delivery period

1. Any delivery period specified by Perfect Shape is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Perfect Shape. 
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Perfect Shape cannot deliver within 14 days or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time. 

Transport costs 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise. 

Packaging and shipping 

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Perfect Shape may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Perfect Shape, failing which Perfect Shape cannot be held liable for any damage.

Insurance Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

1. Exchange is only possible if the conditions included in the return policy are met. The main points of these conditions concern:

• exchange takes place within 14 days after purchase upon presentation of the original invoice
• the product is returned in the original packaging or with the original (price) tags still attached to it 
• the product has not been used

2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer   cannot be exchanged.

Indemnity

The customer indemnifies Perfect Shape against all third-party claims that are related to the products and/or services supplied by Perfect Shape. 

Complaints

1. The customer must examine a product or service provided by Perfect Shape as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Perfect Shape of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 
3. Consumers must inform Perfect Shape of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Perfect Shape is able to respond adequately. 
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Perfect Shape being forced to perform other work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Perfect Shape in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Perfect Shape (in time). 

Joint and several Client liabilities

If Perfect Shape enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Perfect Shape under that agreement. 

Liability of Perfect Shape

1. Perfect Shape is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 
2. If Perfect Shape is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Perfect Shape cannot be held liable for (indirect) damage resulting from incorrect application (use that deviates from the instructions shared in the guides on its website: www.perfect-shape.nl) of the product that has been supplied by Perfect Shape.
4. Perfect Shape is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
5. If Perfect Shape is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
6. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Perfect Shape shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Perfect Shape imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
2. If the fulfillment of the obligations by Perfect Shape is not permanent or temporarily impossible, dissolution can only take place after Perfect Shape is in default. 
3. Perfect Shape has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Perfect Shape good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Perfect Shape in the fulfillment of any obligation to the customer cannot be attributed to Perfect Shape in any situation independent of the will of Perfect Shape, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Perfect Shape . 
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
3. If a situation of force majeure arises as a result of which Perfect Shape cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Perfect Shape can comply with it. 
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. Perfect Shape does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

1. Perfect Shape is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance can be made at any time. 
3. Major changes in content will be discussed by Perfect Shape with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. The customer can not transfer its rights deferring from an agreement with Perfect Shape to third parties without the prior written consent of Perfect Shape . 
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Perfect Shape had in mind when drafting the conditions on that issue.

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court in the district where Perfect Shape is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 Definitions

1. Perfect Shape: Perfect Shape, established in Bedum, Chamber of Commerce no. 78019826.
2. Customer: the person with whom Perfect Shape has entered into an agreement.
3. Parties: Perfect Shape and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Site Content 

All site content (images, texts, data, photos) belong to Perfect Shape and cannot be used by third parties for commercial purposes. Content may be used/copied/printed for personal use only.

Drawn up on 19 June 2020.