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GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY FOR CONSUMERS (B2C) MKBM

Article 1. Definitions

In these General Terms and Conditions, the following terms shall have the meanings ascribed to them below:

General Terms and Conditions: these general terms and conditions of sale and delivery of MKBM;

Reflection Period: the period of fourteen calendar days, starting from the receipt of the Product(s) by the Consumer, within which the Consumer can exercise his/her right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into an Agreement with MKBM;

Right of Withdrawal: the possibility for the Consumer to withdraw from the Distance Agreement within the Reflection Period;

Products: all products to be supplied by MKBM to the Consumer under the Agreement;

Services: all services to be supplied by MKBM to the Consumer under the Agreement, including but not limited to (online) courses or training programs;

MKBM: the private company with limited liability MYKillerbodymotivation B.V., having its registered office in Amsterdam and its business address at Purmerland 95 (1451 MJ) Purmerland, registered in the trade register of the Chamber of Commerce under number 63088924 and also trading under the trade name Mykillerbodymotivation and also the brand MKBM, under which MKBM offers the Products to Consumers remotely via the Website, whose identity is stated in Article 2 of these General Terms and Conditions;

Agreement: an Agreement whereby, within the framework of a system organised by MKBM for the distance selling of Products, only one or more distance communication techniques are used up to and including the conclusion of the Agreement;

Website: the websites mykillerbodymotivation.com and mkbmshop.com where Consumers can order MKBM Products electronically.

Article 2. Identity of MKBM

MYKillerbodymotivation B.V: also trading under the trade names MKBM MKBMshop, MKBM Publishing, established and having its office in Purmerland, the Netherlands, being the user of these General Terms and Conditions

Address: Verrijn Stuartweg 3-E, 1112 AW, Diemen;

Phone number: 085 - 0441011

Email address: klantenservice@mykillerbodymotivation.com

Chamber of Commerce number: 63088924

VAT number: NL855087146B01

Article 3. Applicability

These General Terms and Conditions apply to every offer made by MKBM, every order placed by the Consumer, and every Agreement concluded between MKBM and the Consumer.

Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer.

If the Agreement is concluded electronically, the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent to the Consumer free of charge electronically or by other means upon request.

The Consumer is obliged to accept the General Terms and Conditions before concluding the Agreement, failing which no Agreement will be concluded. Placing an order via the Webshop and ticking the box: "I agree with the general terms and conditions and privacy policy" constitutes acceptance of the General Terms and Conditions.

Article 4. Offers

All offers made by MKBM are without obligation unless expressly stated otherwise and may be revoked by MKBM. MKBM expressly reserves the right to change prices if a change in the VAT rate gives rise to such a change. If an offer changes after the conclusion of the Agreement, the Consumer is entitled to dissolve the Agreement and cancel the order within 10 calendar days after notification of the change in MKBM's offer.

Offers do not automatically apply to repeat orders, and MKBM reserves the right to change the prices of the offers.

The duration of all offers is: as long as stocks last or the duration stated on the Website. If the duration of an offer is exceeded, the offer automatically expires, and the Consumer can no longer make use of the offer.

The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If MKBM uses images, these are a true representation of the Products offered. However, MKBM cannot guarantee that the displayed colours on the Website exactly match the actual colours of the Products. An obvious mistake or obvious errors in the offer do not bind MKBM.

Article 5. Orders

Consumers can order in the ways described on the Website.

If MKBM has good reasons, MKBM is entitled to refuse an order or to attach special conditions to the Agreement. In that case, the Agreement will be dissolved or amended respectively. If the Consumer does not agree with the amendment of the Agreement, the Consumer is entitled to dissolve the Agreement and cancel the order within 10 calendar days after notification of the amendment of MKBM's offer.

If MKBM does not accept an order or if MKBM wishes to attach special conditions to the Agreement, MKBM will notify the Consumer of this no later than seven days after receipt of the order.

MKBM will in any case not accept orders if MKBM cannot ascertain the Consumer's residential address and/or if the Consumer is younger than eighteen years old.

MKBM may – within legal frameworks – ascertain whether the Consumer can meet his/her payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, MKBM has good reasons not to enter into the Agreement, MKBM is entitled to refuse an order or application with reasons, or to attach special conditions to the execution.

Article 6. Formation of Agreement

Subject to the provisions of Article 5, the Agreement is concluded when the Consumer places an order with MKBM based on MKBM's offer, with which the Consumer accepts the offer and complies with the conditions set forth therein.

Before the Consumer has the opportunity to proceed with payment for the Products, an overview of the selected Products will be displayed to the Consumer.

MKBM will confirm receipt of the order electronically (by email).

If and insofar as the Agreement is concluded electronically, MKBM shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, MKBM shall observe appropriate security measures in this regard.

Article 7. Prices, payments and shipping costs

The prices stated on the Website are in Euros, including VAT and excluding shipping costs, unless otherwise stated or agreed upon in writing.

A contribution to the shipping costs will be stated separately to the Consumer prior to the moment of ordering. This contribution may depend on the order size, the place of delivery, and the chosen shipping method.

After placing an order, the Consumer will immediately receive a confirmation by email, as well as a separate email stating the total costs including shipping costs.

The Consumer can pay for the ordered Products using the accepted payment methods.

When paying by credit card, MKBM reserves the right to verify whether the credit card is valid, whether there is sufficient spending limit for debiting the purchase amount, and/or whether the Consumer's address details are correct. MKBM reserves the right to refuse a credit card purchase.

The Consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to MKBM.

If the Consumer does not fulfill his payment obligation(s) on time, after being notified by MKBM of the overdue payment and after MKBM has granted the Consumer a period of 14 days to still fulfill his payment obligations, if payment is not made within this 14-day period, the Consumer will owe statutory interest on the outstanding amount and MKBM will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. MKBM may deviate from the aforementioned amounts and percentages to the Consumer's advantage.

Article 8. Delivery and risk

MKBM exercises the utmost care in receiving orders and dispatching the ordered Products.

MKBM dispatches accepted and paid orders as quickly as possible in order of receipt.

The order will be delivered to the address provided by the Consumer. If the Consumer is not at home at the time of delivery, MKBM is entitled to deliver the Products to the Consumer's neighbours.

MKBM strives to execute accepted orders with due speed, but no later than within thirty calendar days after the order has been accepted, unless a different delivery period has been agreed upon.

In the event that delivery is delayed, or if an accepted and paid order cannot be delivered or can only be partially delivered, the Consumer will be notified thereof no later than thirty calendar days after placing the order. In that case, the Consumer has the right to dissolve the Agreement without costs. In case of dissolution, MKBM will refund the amount received as soon as possible, but no later than within two weeks after written dissolution. The Consumer is obliged to take delivery of the purchased Products at the moment they are made available to the Consumer by MKBM.

The risk of damage and/or loss of the Products rests with MKBM until the moment of delivery to the Consumer at the specified address, unless expressly agreed otherwise.

The Consumer is obliged to take delivery of the Products at the agreed place(s) at the moment MKBM delivers or arranges for delivery thereof, or at the moment they are made available to him in accordance with the Agreement. If the Consumer fails to do so, the resulting costs, including the shipping costs mentioned in Articles 8.1 and 8.2, will be borne by him.

If the Consumer refuses or neglects to provide information or instructions necessary for delivery, the Products intended for delivery will be stored at the expense and risk of the Consumer.

If the Consumer has provided an incorrect address for delivery, MKBM has the right to charge the Consumer for additional shipping costs.

Exceeding delivery times does not entitle the Consumer to compensation, dissolution of the Agreement, or non-fulfilment of any obligation that may arise for the Consumer from this or any other related Agreement, subject to the provisions of Article 8.5.

MKBM does its best to keep the Website as up-to-date as possible. If a Product is unexpectedly no longer available, MKBM will contact the Consumer within 30 days of placing the order.

Article 9. Right of Withdrawal

The Consumer has the right to dissolve the Agreement without giving reasons within fourteen (14) calendar days, calculated from the day of receipt of the Product or the last Product of all Products if multiple Products were ordered in the same order.

The Right of Withdrawal explicitly does not apply to the following Products and/or Services:

• Products manufactured according to the Consumer's specifications;
• 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;
• Products that spoil quickly or have a limited shelf life;
• Sealed Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products that have been irrevocably mixed with other products after delivery due to their nature;
• Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
• Magazines or journals, with the exception of subscriptions thereto;

During the Reflection Period, the Consumer will handle the Product(s) and packaging with care. The Consumer will only unpack or use the Product to the extent necessary to assess whether he wishes to keep the Product. The basic principle here is that the Consumer may only handle and inspect the Product(s) as he would be allowed to do in a store. The Consumer is only liable for any diminished value of the Product resulting from handling the Product in a way that goes beyond what is permitted.

If the Consumer wishes to exercise the Right of Withdrawal, the Consumer must notify MKBM of his name, the name of the Product, the number of Products, and the order number, and his reliance on the Right of Withdrawal by means of the model form at the bottom of these General Terms and Conditions or in another unambiguous manner, for example, by email with a letter or by telephone (as mentioned in Article 2). MKBM will send an acknowledgement of receipt of the return notification to the Consumer as soon as possible.

As soon as possible, but no later than 14 days from the day following the notification as referred to in Article 9.3, the Consumer shall return the Product to MKBM. The Consumer has in any case complied with this obligation if the Product(s) have been returned within this period to MKBM. If the Consumer exercises his Right of Withdrawal, he shall return the Product with all delivered accessories and in original condition and packaging to the address of MKBM. The risk and the burden of proof for the timely and correct exercise of the Right of Withdrawal lie with the Consumer.

The Consumer bears the costs for returning the Product/Products.

The returned Products must be in a condition corresponding to normal use for fitting purposes, as is customary in a store for fitting, and must be provided with the original labels and/or tags. If a Product has deteriorated in quality and/or the original labels and/or tags have been removed, MKBM reserves the right to still charge the purchase price of the Product or not to refund it.

Within fourteen (14) calendar days after the Consumer has reported the return of the Products to MKBM, MKBM will refund the purchase amount and any shipping costs charged, provided that the relevant Product is undamaged, unworn, unwashed, unused or unaltered, and has its original packaging and labels. MKBM will only refund the purchase amount once the Products have been received by MKBM or once the Consumer proves that he has returned them.

If the Consumer has opted for a more expensive delivery method than standard delivery, MKBM is not obliged to refund the additional costs for the more expensive method. For refunds, MKBM will use the same payment method that the Consumer used.

Article 10. Complaints

MKBM has a complaints procedure as set out in Article 10 of these General Terms and Conditions. MKBM handles Consumer complaints in accordance with this complaints procedure.

MKBM is obliged to deliver Products that conform to the Agreement.

If the Product does not conform to the Agreement, the Consumer must notify MKBM thereof as soon as possible, and in any case within two months after delivery of the Product to the Consumer, or at least after the discovery was reasonably possible, in writing and with reasons, via the email address klantenservice@mykillerbodymotivation.com.

Minor deviations in quality, colour, size, weight, finish, design, etc., which are considered permissible in trade or are technically unavoidable, do not constitute grounds for complaints.

If it has been demonstrated that the Products do not conform to the Agreement, the Consumer has the choice of either having the relevant Products repaired by MKBM upon return thereof, or having them replaced by new Products, unless this is impossible or cannot reasonably be expected of MKBM. In that case, MKBM will refund the invoice value of the Products to the Consumer after return of the Products already received.

Article 11. Retention of Title

MKBM remains the full owner of the delivered Product(s) until the purchase price has been paid in full.

Article 12. Intellectual Property Rights

The Intellectual Property Rights to the (designs of the) Products and/or Services, together with the texts, images, design, databases, photos and other (still or moving) visual material, formats, software, brands, domain names and other materials originating from the Website and/or the Products and/or Services, rest with MKBM.

The Consumer is not entitled to disclose and/or reproduce (parts of) the Website in any way whatsoever. The Consumer may not make any changes to the delivered Products unless the nature of the delivered goods dictates otherwise or has been agreed upon otherwise in writing. The Consumer may only place a hyperlink to the Website if this is done for purely informative purposes for Consumers. Placing a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.

Article 13. Special provisions for online courses

The online student has access to the online course for twelve (12) consecutive weeks, starting from the day on which they first log in to the designated web environment. The first login must take place within two weeks after the conclusion of the agreement, failing which the duration of the online course will be proportionally shortened.

Online course materials and course assignments are added weekly by MKBM to the web environment.

MKBM does not guarantee that the online student will achieve the desired results by following the online course. MKBM merely has an obligation of effort regarding the provision and offering of online courses and training.

MKBM is never liable for what the online student does or fails to do as a result of the knowledge and/or skills acquired through the course.

Article 14. Miscellaneous

Any deviations from these General Terms and Conditions can only be agreed upon in writing between MKBM and the Consumer. No rights can be derived from such deviations with regard to future legal relationships and Agreements. MKBM's administration serves as proof of the applications and/or orders placed by the Consumer, subject to proof to the contrary. The Consumer acknowledges that electronic communication can serve as proof.

MKBM is entitled to transfer the rights and obligations from the Agreement with the Consumer to a third party by a simple notification to the Consumer. In that case, the Consumer has the right to dissolve the Agreement without cost.

If one or more provisions of these General Terms and Conditions or any other Agreement with MKBM should conflict with any applicable legal regulation, the provision concerned shall lapse and shall be replaced by a new legally permissible provision to be determined by MKBM.

Article 15. Applicable law and competent court

These General Terms and Conditions and the resulting Agreements/disputes are exclusively governed by Dutch law.

All disputes concerning an Agreement or the execution of an Agreement between the Consumer and MKBM that cannot be resolved by mutual agreement between the parties shall be submitted to the competent court in the jurisdiction where the Consumer resides.

Appendix I: Model withdrawal form

(only complete and return this form if you wish to withdraw from the contract)

To: MKBM

For the correct return address, please check the return information as provided in your account on our website.

Email: via this form

I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following products: [product designation]* the provision of the following digital content: [digital content designation]* the provision of the following service: [service designation]*.

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address of consumer(s)]

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

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