TERMS AND CONDITIONS MKBMSHOP
ARTICLE 1. | DEFINITIONS
These general terms and conditions contain the following terms which, both in the plural and the singular, refer to the definitions described below, unless otherwise specified, as a result of the nature or scope of the clauses.
1. General conditions: the present “Terms and conditions MKBMshop.com”; the user of these general terms and conditions, part of MYkillerbodymotivation B.V., located on Ringslang 36, 1187BT in Amstelveen, registered in the Trade Register under KvK-number 63088924.
2. Consumer: every natural person, not acting on behalf of a profession or business, with whom MKBMshop.com has concluded or intends to conclude an agreement, as referred to in the next paragraph.
3. Agreement: every purchase agreement concluded between MKBMshop.com and the consumer through the ordering process on the website with which MKBMshop.com has committed itself towards the consumer to deliver products at a price agreed upon.
4. Website: https://mkbmshop.com
5. Products: all items to be delivered to the consumer by MKBMshop.com within the scope of the agreement include, but are not limited to, cellulite cups, menstrual cups, books, food prep containers, sports equipment, supplements and clothing.
7. Digital content: data produced and delivered in digital form, including electronic books (ebook).
8. In writing: to store both traditional written communication as well as digital communication on a durable data storage medium, such as communication by email.
ARTICLE 2. | GENERAL CONDITIONS
1. These general terms and conditions apply to every offer from MKBMshop.com, as shown on the website, as well as every agreement established.
2. These terms and conditions can only be waived in writing. If and insofar as that which is expressly agreed between the parties in writing deviates from these General Terms and Conditions, the conditions expressly agreed by both parties in writing applies.
3. Destruction or invalidity of one or more provisions of these terms and conditions, does not affect the validity of the remaining clauses. In such cases, the parties are required to consult each other in order to make an alternative agreement in with regard to the affected clause. In addition, the purpose and intent of the original clause will be respected as much as possible.
ARTICLE 3. | OFFER AND CONFIRMATION OF THE AGREEMENT
1. Every offer from MKBMshop.com is obligation-free and is subject to sufficient availability of the products offered.
2. The consumer can not derive any rights from an offer from MKBMshop.com that contains an error or a mistake.
3. Without prejudice to the provisions in paragraph 1, the agreement is made the moment the order is confirmed to the consumer via email by MKBMshop.com.
ARTICLE 4. | NO RIGHT OF RESCISSION
1. Subject to the provisions of the rest of this article and in particular the provisions contained in the following paragraph, the consumer can fully or partially terminate the agreement up to 14 days after the products have been received by him/her or on his/her behalf, without needing to provide a reason.
2. The consumer has no right to terminate the agreement in the delivery of cellulite cups, menstrual cups and supplements, of which the product seal or packaging has been broken after delivery. This also applies to other products, such as clothing, which for reasons of health protection and/or hygiene, are not reasonably suitable to be returned after the seal or packaging has been broken. This also applies to other products, such as clothing, which for reasons of health protection and/or hygiene, are not reasonably suitable to be returned after the seal or packaging has been broken.
3. The consumer has no right of rescission with digital content that is not delivered by a physical carrier.
4. The consumer who makes use of the right of rescission, can terminate the agreement by submitting an application to MKBMshop.com by email or by using the standard form for withdrawal provided by MKBMshop.com. As soon as possible after MKBMshop.com has been notified of the intention of the consumer to terminate the agreement and if the conditions of this article are met, MKBMshop.com will confirm the rescission of the agreement by email.
5. During the period referred to in paragraph 1, the products to be returned as well as the packaging must be handled carefully. The consumer may only handle and inspect these products to the extent that is necessary to assess the nature and characteristics of the products. The basic principle here is that the products may only be handled and inspected as they would in a physical store.
6. If the consumer makes use of the right of rescission, he/she will return the products undamaged, with all accessories and in the original condition and packaging to MKBMshop.com.
7. The consumer is liable for the depreciation of the products resulting dealing with the products from a manner that goes further than allowed under paragraph 4. MKBMshop.com is entitled to charge this amount to the consumer, whether or not by settling this depreciation with the payments already received from the consumer.
8. Returning the products concerned must be done within 14 days after the consumer has applied the right of rescission in accordance with paragraph 3.
9. If the consumer makes use of the right of rescission, the costs of returning the products are for his/her account.
10. MKBMshop.com will refund the payments received from the consumer, minus any reduction in value, as soon as possible, but no later than 21 days after the rescission, provided that the products have been received by MKBMshop.com, or if the consumer can prove that the products have actually been returned. If the right of rescission is only applied to a part of the order, any delivery costs paid by the consumer in the first instance will not be eligible to be included in any refund. Furthermore, MKBMshop.com is not obliged to reimburse the additional costs if the consumer has explicitly opted for a different way than the least expensive standard delivery offered by MKBMshop.com.
11. If the consumer wants to return the product ‘Killerbody 3: Back in Shape’ within the return period, but has used the pre-sale promotion (free ebook ‘The Cellulite Guide’), the regular purchase price of The Cellulite Guide will be deducted from the amount that the consumer receives in return.
ARTICLE 5. | DELIVERY OF PRODUCTS & DELIVERY TERMS
1. The supply of products ordered takes place by delivery at the delivery address specified by the consumer.
2. MKBMshop.com reserves the right to deliver orders in parts. In that case, the consumer’s cooling down period in connection with the right of rescission will not commence until the last (partial) delivery of the order has been received by or on behalf of the consumer.
3. The risk of loss and damage to the products shall pass to the consumer at the moment that the products have been received by or on his behalf.
4. MKBMshop.com aims to comply with the delivery terms agreed between the parties. However, all delivery times stated by MKBMshop.com can only be regarded as an indication, non-definite terms. In the event of an (expected) delayed delivery, MKBMshop.com makes an effort to inform the consumer by email as soon as possible. The default of MKBMshop.com only takes effect after the consumer has given written notice of the default to MKBMshop.com, in which a reasonable period is specified, for MKBMshop.com to still fulfill its delivery obligation and the fulfillment thereof has still not been realized after the last intended period has lapsed.
5. Agreed delivery terms shall not commence earlier than before MKBMshop.com has received all the necessary data for the delivery from the consumer.
6. If the agreed delivery period is exceeded, the consumer is never entitled to refuse to accept the products to be delivered and to fulfill the remaining obligations with regard to the agreement.
7. If MKBMshop.com incurs extra costs as a result of a circumstance attributable to the consumer, for example in connection with multiple delivery attempts, these costs will also be charged to the consumer.
ARTICLE 6. | CONFORMITY AND GUARANTEE
1. MKBMshop.com guarantees that the products comply with the agreement and therefore possess those properties that are necessary for their normal use (conformity).
2. The consumer’s right to initiate a claim or defense in connection with regard to any defect on a consumer purchase shall lapse if the consumer has not made a complaint to MKBMshop.com within two months after discovery of the defect.
3. No ground for complaints and claims for warranty or non-conformity, defects of products as a result of an external cause or as a result of other circumstances that can not be attributed to MKBMshop.com. This is understood to mean, but not limited to, defects as a result of damage, incorrect or improper handling and use that violates the instructions for use or other instructions from or on behalf of MKBMshop.com.
4. Products, subject to the provisions of article 4, can never be returned without prior written permission from MKBMshop.com.
ARTICLE 7. | FORCE MAJEURE
1. MKBMshop.com is not obliged to fulfill any obligation of the agreement if and as long as it is being hampered by circumstances attributed to the law, a legal act or by influences with regard to societal factors.
2. In the event that the force majeure scenario renders the fulfilment of the agreement permanently impossible, the parties are entitled to terminate the agreement with immediate effect.
3. If MKBMshop.com, as soon as the force majeure scenario comes into effect, already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the executable portion of the contract separately, as if it were a independent agreement.
4. Damage as a consequence of force majeure is never, without prejudice to the foregoing paragraph, eligible for compensation.
ARTICLE 8. | PRICES & PAYMENTS
1. Unless explicitly stated otherwise, MKBMshop.com delivers orders within the Netherlands postage free from an order amount of € 100, – (including taxes (BTW)). Delivery in other countries are postage free, unless otherwise stated by MKBMshop.com. Before the contract is concluded, the total price is stated, including BTW and delivery costs.
2. Payment must be made using the payment methods provided by MKBMshop.com.
3. MKBMshop.com is entitled to invoice the consumer exclusively via email.
4. If advance payment has been agreed, MKBMshop.com is not obliged to execute the agreement before the consumer has paid the amounts owed by MKBMshop.com related to the agreement.
5. If payment is not made on time, the default of the counterparty commences automatically. As of the day that the consumer’s default takes effect, the consumer will owe the statutory interest on the outstanding amount.
6. All reasonable costs, such as legal, extrajudicial and administration costs incurred to collect amounts owed by the consumer, are for the account of the consumer, one other in accordance with the Dutch Debt Collection Act.
7. All books (including ebooks) are excluded from discounts and promotions.
8. MKBMshop offers the possibility to pay afterwards with AfterPay. AfterPay may test your credit score.
ARTICLE 9. | LIABILITY AND INDEMNIFICATION
1. The consumer is responsible for damages caused by inaccuracies or incompleteness in the information provided by him/her. Furthermore, the consumer is responsible for the damages caused by a shortcoming in the fulfillment of the obligations of the consumer arising from the law or the agreement, as well as other circumstances that can not be attributed to MKBMshop.com.
2. Use of the products must strictly be carried out in accordance with the manual supplied. It is the consumer’s own responsibility to assess whether the products are suitable for the intended use by the consumer. MKBMshop.com is never liable for damage caused as a result of the use of the products in violation of the user instructions supplied.
3. MKBMshop.com’s liability is limited to (at most) the invoice value of the agreement, at least to that part of the agreement to which the liability of MKBMshop.com relates, based on the understanding that this restriction does not go beyond what is allowed under article 7:24 paragraph 2 of the Civil Code.
4. The consumer indemnifies MKBMshop.com against any claims from third parties, who suffer damage in connection with the execution of the agreement and whose cause is attributable to anyone other than MKBMshop.com.
5. The limitations of liability as stated in these general terms and conditions do not apply if and insofar as the damage was caused by intent or deliberate recklessness on the part of MKBMshop.com.
ARTICLE 10. | COMPLAINTS POLICY
1. Complaints regarding the execution of the agreement must be submitted fully and clearly, within a reasonable time after the consumer has discovered the defects, via the contact form on the website, by email or otherwise in writing to MKBMshop.com.
2. Complaints submitted to MKBMshop.com will be answered within a period of fourteen days after receiving the complaint. If a complaint or question requires a longer processing time, a response confirmation will be sent within the period of fourteen days and an indication of when the consumer can expect a more detailed answer.
ARTICLE 11. | INTELLECTUAL PROPERTY
1. MKBMshop.com or its suppliers or licensors reserve all intellectual property rights with respect to the products and their composition, as well as on the brand names and texts displayed on the website , image materials and other content of any nature. The consumer is prohibited from reproducing, reproducing, reproducing, reproducing, publishing or distributing or distributing or using or using any other means than from the nature or purport of the agreement or the use thereof. normal use of the website ensues.
2. A violation of the provisions of the previous paragraph attributable to the consumer gives MKBMshop.com the right to demand immediate cancellation of the infringement, as well as a compensation to be determined on the basis of the nature and scope of the infringement.
ARTICLE 12. l NEWSLETTER
1. The € 5, – euro discount that you receive when signing up to the newsletter is valid for spending from € 50, – and not valid in combination with other promotions.
2. All books (including e-books) are at all times excluded from a discount in our web store.
ARTICLE 13. | FINAL PROVISIONS
1. All products delivered by MKBMshop.com to the consumer remain the property of MKBMshop.com until the consumer has fulfilled all his/her payment obligations in this respect.
2. Every agreement and all resulting legal relationships between the parties shall be governed by Dutch law only.
3. The parties shall not appeal to a judge until they have made the best effort to resolve the dispute by mutual agreement.
4. The Dutch version of these general terms and conditions is always decisive for the interpretation of the terms contained therein.