Terms and Conditions

General Terms and Conditions for consumers

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 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Conformity and warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Last updated: April 7, 2023

Article 1 – Definitions
In these conditions the following definitions apply:

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 supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Reflection period: the period within which the consumer can exercise 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 personally addressed to him in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which exclusive or joint use is made of up to and including the conclusion of the agreement uses one or more techniques for remote communication;

Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
General 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;
Phone number: +31 (0)13 8080 212 (on working days: 9:00 AM - 6:00 PM)
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 and orders concluded 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, notwithstanding 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 it can be read by the consumer. 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on 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 annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly 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 good 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 and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
  5. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular;

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 secure 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, based on 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 execution.
  5. The entrepreneur will make the following information available to the consumer at the latest upon delivery of the product, service or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. In the case of a duration 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 products in question.

Article 6 – Right of withdrawal
When delivering products:

  1. The consumer can terminate 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 for the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts 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:
  3. If, after the expiry of the period referred to in paragraph 1, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services and digital content that is not delivered on a tangible medium:

  1. The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself 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 withdrawal form, 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 reflection period, the reflection 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 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 basic principle here is that the consumer may only handle and inspect the product as he would in a store.
  2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises 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 complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all supplied accessories, 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 burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated 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 return.
  6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
  7. If the product is damaged 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 concluding the purchase agreement.

Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving 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, without delay 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 reimbursement 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 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 of 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 before concluding the agreement:

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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated 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 legal 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:
  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 typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at 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 reliability 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 under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims 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 entrepreneur's warranty period 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:
  6. The entrepreneur guarantee is not transferable
  7. 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 repairs under warranty with the utmost care. However, the entrepreneur is not liable for the loss of any data due to necessary erasure or replacement of the data carrier and/or the complete product.
  2. If the defect or complaint is not due to the product, the investigation 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, (part of) the purchase price will be reimbursed.

Article 14 – Delivery and execution

  1. The entrepreneur will exercise the utmost 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 communicated to the entrepreneur.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate 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 paid by the consumer.
  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 extension
Termination:

  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, taking into account 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 fixed period and that extends to the regular delivery of products or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements referred to in the previous paragraphs:

Extension:

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

Article 16 – Payment

  1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts 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 general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  4. If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is 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% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit 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 communicated 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 execution 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.
  5. In case of complaints, a consumer must first contact 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 justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 18 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. 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.

Appendix I: Model withdrawal form

Model withdrawal form
(only complete and return this form if you wish to withdraw from the agreement)

To: [Company]
[entrepreneur's geographical address]

[entrepreneur's fax number, if available]

[e-mail address or electronic address of entrepreneur]

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

[Name of consumer(s)]

[Consumer(s) address]

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

* Delete what is not applicable or fill in what is applicable.

Afinjo
Herastraat 43-02
5047 TX Tilburg
Phone number: +31 (0)13 8080 212 (on working days: 9:00 AM - 6:00 PM)
E-mail address: info@afinjo.nl
Chamber of Commerce number: 61767301
VAT identification number: NL002322356B41