Terms&Conditions

General terms and conditions

 

DSS Pro B.V.

 

  • Definitions
    • 1. In these general terms and conditions, the following capitalised terms are defined as below, unless explicitly stated otherwise or the context indicates otherwise:

 

Company:
The Customer, being a legal entity or natural person, acting in the course of his profession or business or acting for the benefit of his (side) activities, such as but certainly not limited to the influencer or sports trainer;

 

Consumer:
The Customer, being a natural person who does not act in the course of his profession or business or for the benefit of his (side) activities;

 

DSS Pro:
The user of these general terms and conditions: DSS Pro B.V. established at Robert Kochstraat 104 in Apeldoorn, the Netherlands, registered with the Chamber of Commerce under number 82432147 and with VAT identification number [VAT number];

 

Customer:
The customer who has entered into or wishes to enter into an Agreement with DSS Pro;

 

Agreement:
The agreement between DSS Pro and the Customer;

 

Product:
The Product to be delivered by DSS Pro under the Agreement;

 

In Writing/Written:
In writing or by e-mail;

 

Website:
The website https://gymband-that-opens.com/.

 

  • 2. Unless the context indicates otherwise, terms defined in the singular also refer to the plural.

 

  • General
    • 1. These general terms and conditions apply to every Agreement between DSS Pro and the Customer.
    • 2. These general terms and conditions are published on the Website.
    • 3. The provisions of these general terms and conditions can be deviated from In Writing only.
    • 4. The applicability of any purchase or other conditions of the Company is explicitly excluded.
    • 5. The nullification or invalidity of one or more of the provisions of these general terms and conditions will not affect the validity of the other provisions. The void or voided provisions will be replaced by DSS Pro, duly observing the objective and purport of the original provision(s) as closely as possible.
    • 6. If DSS Pro does not demand strict compliance with these general terms and conditions at all times, it does not automatically mean the provisions detailed therein no longer apply, or that DSS Pro would lose the right to demand strict compliance with these general terms and conditions in other cases.
    • 7. DSS Pro is entitled to change these general terms and conditions. The version of the general terms and conditions that applied at the time of the conclusion of the Agreement is always applicable.

 

  • Offer and images
    • 1. Every offer from DSS Pro is without obligation.
    • 2. The description of a Product on the Website must be sufficiently detailed so as to enable the Customer to make a fair assessment of the offer.
    • 3. The Customer must realise that colours displayed on his screen may deviate from the actual Product colours. Such colour differences are permissible and do not result in the Product not meeting the Agreement.
    • 4. The DSS Pro range can be changed at any time.

 

  • Prices
    • 1. All prices are subject to typing errors. DSS Pro is not obliged to deliver the Product for the wrong price in the event of typing errors.
    • 2. The prices for the Products stated on the Website include VAT and shipping costs within the Netherlands.
    • 3. All prices are in euros.
    • 4. Listed prices do not automatically apply to future orders. DSS Pro has the right to change its prices without notifying the Customer. For the Customer, the price of the Product that was applicable at the time of the conclusion of the Agreement applies.

 

  • Shipping costs
    • 1. If the order is to be delivered outside the Netherlands, shipping costs will be charged to the Customer. The amount of the shipping costs will be communicated to the Customer via the Website before or when the order is placed.

 

  • Conclusion of the Agreement
    • 1. The Agreement is concluded when the Customer has successfully completed the entire ordering process via the Website.
    • 2. After the Agreement has been concluded via the Website, DSS Pro will send the Customer confirmation by e-mail.
    • 3. The order can only be placed via the Website after the Customer has clicked the box that he agrees to these general terms and conditions.

 

  • Account
    • 1. When placing an order, the Customer can create an account.
    • 2. After the Customer has created an account, DSS Pro will send a confirmation thereof by e-mail.
    • 3. The Customer is at all times responsible for his account on the Website and login details. The Customer must keep his login details to himself. DSS Pro cannot be held liable if an unauthorised third party uses the Customer’s login details or account.
    • 4. If the Customer finds that a third party is making unauthorised use of his account on the Website, the Customer must:
      1. notify DSS Pro without delay;
      2. Change his password.
    • 5. If the Customer has forgotten his password, the Customer can submit a request via the Website to reset his password. An e-mail is then sent to the Customer with which he can recover his password.
    • 6. The Customer can view and adjust his details via his account.

 

  • Invoice and payment options
    • 1. After the Customer has placed the order, the Customer will receive the invoice for the order via e-mail.
    • 2. The Website offers the following payment methods:
      1. iDeal;
      2. Credit card;
    • 3. When placing the order, the Customer can choose which payment option he wishes to use.
    • 4. A discount code cannot be exchanged for cash.

 

  • Delivery
    • 1. The order will be sent to the delivery address specified by the Customer.
    • 2. The Customer will receive an e-mail with the track and trace code.
    • 3. The delivery time stated on the Website is indicative. If DSS Pro does not deliver the order within 30 days after the conclusion of the Agreement, the Consumer has the right to dissolve the Agreement free of charge, unless the parties have explicitly agreed on a longer delivery time.
    • 4. In the event of dissolution in accordance with Article 9.3, DSS Pro will refund the amount paid by the Consumer as soon as possible, but no later than 14 days after the dissolution.
    • 5. The risk of the Product passes to the Customer when the Product is delivered to the Customer.

 

  • Right of withdrawal for the Consumer
    • The Consumer has the right to dissolve the Agreement during a reflection period with a maximum of 14 days without giving any reason, on condition that the Consumer has not broken the sealing/cellophane packaging of the Product. During use, the Product will have (perspiring) skin contact, therefore it is not excluded that the Product may bring back hair and skin flakes. Due to health protection and hygienic reasons, the Product cannot be returned and, based on the legal exception, the right of withdrawal no longer applies when the packaging and/or it’s sealing/cellophane is broken/damaged. The product package has a sticker marking and reminding the customer that the product can no longer be returned when sealing/cellophane is broken.
    • If the Consumer wishes to make use of his right of withdrawal, the Consumer must explicitly inform DSS Pro of this within 14 days of receipt of the entire order. For this, the Consumer can use the online return form of DSS Pro, see https://gymband-that-opens.com/pages/shipping-returns, but is not obliged to do so. If the Consumer informs DSS Pro via the Website that he is invoking his right of withdrawal, DSS Pro will send the Consumer a confirmation of receipt after receiving this notification.
    • After the Consumer has notified DSS Pro of the return shipment, the Consumer must return the Product within 14 days of this notification.
    • The Consumer may also, without first informing DSS Pro that he invokes his right of withdrawal, return the Product to DSS Pro within the reflection period as described in Article 10.1. In such a case, the Consumer must enclose a statement with his return shipment from which it appears that the Consumer invokes his right of withdrawal.
    • The Product must be returned in the original unopened packaging.
    • When returning a Product under the right of withdrawal, the shipping costs for returning the Product to DSS Pro are always payable by the Consumer.
    • The Product must be returned to:

 

DSS Pro B.V.

Robert Kochstraat 104

7316 HG Apeldoorn

The Netherlands

 

  • Return shipments are at the risk of the Consumer. The Consumer must sufficiently stamp the parcel/postal item to be returned.
  • The risk and the burden of proof for the correct and timely exercise of the right of withdrawal is vested in the Consumer at all times.
  • In the event of a dissolution as described in this article, DSS Pro will refund the purchase price paid plus, if applicable, the shipping costs paid for sending it to the Customer, within 14 days of the Consumer invoking his right of withdrawal, provided the Consumer has fulfilled all his obligations arising from this article.
  • DSS Pro may withhold reimbursement until DSS Pro has received the Product back from the Consumer.
  • DSS Pro will reimburse the Consumer using the same payment method with which the Consumer carried out the original transaction, unless the Consumer has explicitly agreed to another payment method. No costs will be charged for the refund.

 

  • Exceptions to the right of withdrawal
    • The right of withdrawal does not apply to Products whose packaging and/or it’s sealing/cellophane has been broken, see also Article 10.1.
    • The right of withdrawal only applies to Consumers and not to Companies.

 

  • Performance of the Agreement
    • DSS Pro will perform the Agreement to the best of its ability and as a diligent professional.
    • DSS Pro is at all times authorised to engage one or more third parties in the performance of the Agreement without notifying the Client.

 

  • Obligations of the Customer and use of the Product
    • The use of the Product is entirely at the Customer’s risk.
    • The Product can only be used in accordance with the instructions for use published at https://gymband-that-opens.com/pages/exercises and for the exercises for which the Product is intended. Reference is also made to the instructions for use and washing instructions on the packaging of the Product.
    • If the Customer makes the Product available, donates or delivers the Product to a third party, the Customer must remind the third party of the instructions for use referred to in Article 13.2 and to the other terms of use that follow from these general terms and conditions.
    • Exercises that can be performed using the Product can be found at https://gymband-that-opens.com/pages/legs and https://gymband-that-opens.com/pages/booty. Performing these exercises is entirely at the Customer’s risk. If the Customer wants to be sure he performs an exercise correctly, he should consult a sports trainer. If the Customer is in doubt as to whether a particular exercise shown on the Website is right for him, the Customer must not perform the exercise or, if applicable, discontinue it and the Customer must ask a (medical) specialist if performing the exercise is wise.
    • The Product should only be used by a person who is in a sufficient condition to perform the exercises for which the Product is intended.
    • The Product should be kept out of the reach of children.
    • The Customer is aware that the use of the Product can lead to physical discomfort or complaints, such as (severe) muscle pain, a muscle strain or aggravation of a physical condition. DSS Pro can never be held responsible for this.

 

  • Conformity and complaints
    • DSS Pro guarantees that the Product complies with the Agreement, the specifications stated in the offer and the reasonable requirements of reliability and/or usability.
    • DSS Pro does not guarantee that the use of the Product will lead to the result desired by the Customer.
    • If the Product contains a defect, such as a production error or damage, the Customer must inform DSS Pro of this as soon as possible after the discovery by sending a photo or video of the defect to info@gymband-that-opens.com. DSS Pro then proceeds to investigate the complaint. If the Customer demonstrates that DSS Pro has delivered a defective Product, a replacement Product will be sent to the Customer free of charge, if available at that time. If no replacement Product is in stock, the price will be credited and refunded to the Customer.

 

  • Customer service department
    • For questions about the order or the Product or to submit a complaint, the Customer can contact the DSS Pro customer service department.
    • The DSS Pro customer service department can be reached:
      1. By telephone on + 31 (0)20 2101283;
      2. Via the contact form on the Website, see https://gymband-that-opens.com/pages/contact-us.
    • Questions and complaints submitted to DSS Pro will be answered within a period of 14 days from the date of receipt. If a complaint takes longer to process than anticipated, DSS Pro will respond within 14 days, sending confirmation of receipt and an indication of when the Customer may expect a more detailed response.

 

  • Force majeure
    • DSS Pro is not obliged to fulfil any obligation from the Agreement if it is impeded in doing so as a result of a circumstance that cannot be attributed to DSS Pro by virtue of the law, a legal act or generally accepted standards. Force majeure does in any case include extreme weather conditions; theft; fire; floods; landslides; terrorism; epidemics; pandemic, strikes; production delays; raw material shortages or general shortages in the market; power failure; riots, uprising, wars or imminent war; loss of or damage to Products in transit; transport difficulties; export or import obstructions; blockages; boycott; government measures; hacker attacks and cyber attacks; e-mail failures; Internet malfunction.
    • Force majeure also includes a non-attributable shortcoming of a supplier or a third party engaged by DSS Pro.
    • If DSS Pro is unable to fulfil the Agreement, unable to do so in time or in full due to a force majeure situation, DSS Pro will inform the Client accordingly.

 

  • Intellectual property rights
    • Any intellectual property right, including copyright and trade name right, with regard to the Website, photos, images, drawings, texts, brands, trade names, corporate identity and logos and where it concerns data provided by DSS Pro to the Customer, accrues to DSS Pro or its licensor. The Customer must respect the intellectual property rights of DSS Pro and its licensors at all times.

 

  • Liability and limitation period
    • DSS Pro is not obliged to pay compensation as a result of damage which is the direct or indirect result of:
      1. An event which is in fact beyond its control and therefore cannot be attributed to its acts and/or omissions, see also Article 16;
      2. Any act or omission of the Customer.
    • The colours that can be seen on the screen of the Customer may deviate from the actual Product colours. DSS Pro is not liable for such colour deviations.
    • DSS Pro is not liable for any damage caused by the temporary or permanent unavailability of the order option, inaccessibility or removal of its Website due to maintenance or otherwise.
    • DSS Pro is not liable for damage, of whatever nature, because DSS Pro relied on incorrect and/or incomplete information provided by the Customer, such as the Customer giving a wrong delivery address.
    • DSS Pro is not liable for the mutilation or loss of data as a result of sending the data using telecommunication facilities.
    • It is the Customer’s responsibility to use the Product in accordance with the instructions for use and washing instructions. DSS Pro is not liable for any damage whatsoever caused by the Customer failing to properly comply with the instructions for use or washing instructions of the Product or because the Customer has made improper use of the Product in any other way.
    • DSS Pro is not liable for physical, mental or any other damage, both direct and indirect damage, which the Customer, a user of the Product and/or a third party suffers during and/or through the use of the Product and/or of performing the exercises on the Website. The (medical) costs resulting from an injury incurred during and/or due to the use of the Product and/or the performance of one or more exercises on the Website can never be recovered from DSS Pro and must always be paid by the user of the Product.
    • DSS Pro is never obliged to pay compensation as a result of consequential damage. In any event, consequential damage is considered to include lost turnover, lost profit, lost savings, trading loss, business interruption, business interruption loss, damage due to delays, reputational damage, labour costs, fines and indirect damage, regardless of their origin.
    • If DSS Pro is liable for any damage or if the aforementioned limitation of liability is not permitted by law, DSS Pro’s liability is limited to the amount of the payment made by DSS Pro’s insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, the liability of DSS Pro is limited, insofar as this is not in conflict with any mandatory statutory provision, to the price the Customer has paid for the Product to which the liability relates.
    • Legal claims and other powers of the Company for whatever reason against DSS Pro will in any case lapse after the expiry of 1 year from the moment a fact occurs by virtue of which the Company can exercise these rights and/or powers against DSS Pro. The Consumer is subject to a limitation period of 2 years.

 

  • Personal data
    • DSS Pro processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data, the Customer can consult the privacy policy of DSS Pro, see https://gymband-that-opens.com/pages/privacy-policy.

 

  • Applicable law and competent court
    • All Agreements concluded with DSS Pro are subject to Dutch law. Applicability of the Vienna Sales Convention is excluded.
    • All disputes in connection with Agreements between the Customer and DSS Pro will be submitted to the competent court in the district where DSS Pro is located. After DSS Pro has invoked this stipulation In Writing against the Consumer, the Consumer has 1 month to select the competent court according to the law to settle the dispute.
    • The parties will only appeal to the courts once they have made every effort to resolve the dispute by mutual consultation.
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