Terms and conditions of Mykillerbodymotivation B.V.
These General Terms and Conditions were last modified on August 18, 2022.
General Sales and Delivery Terms and Conditions for Consumers (B2C) Mykillerbodymotivation B.V.
Article 1. Definitions
- In these General Terms and Conditions, the following terms shall have the following meanings:
General Terms and Conditions: these general sales and delivery terms and conditions of MKBM;
Cooling-off period: the period of fourteen calendar days starting from the receipt of the Product(s) by the Consumer, within which the Consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of their profession or business and enters into an Agreement with MKBM;
Right of withdrawal: the Consumer's ability to withdraw from the distance Agreement within the Cooling-off period;
Products: all products to be delivered by MKBM to the Consumer under the Agreement;
Services: all services to be delivered by MKBM to the Consumer under the Agreement, including but not limited to (online) courses or training;
MKBM: the private limited liability company MYKillerbodymotivation B.V., with its registered office in Amsterdam and its office at Purmerland 95, 1451 MJ Purmerland, registered in the Chamber of Commerce under number 63088924, also trading under the trade name Mykillerbodymotivation and the brand MKBM through which MKBM offers the Products to the Consumer remotely via the Website, as identified in Article 2 of these General Terms and Conditions;
Agreement: an agreement in which, within the framework of a system organized by MKBM for distance selling of Products, the Agreement is concluded exclusively using one or more techniques for distance communication;
Website: the websites mykillerbodymotivation.com and mkbmshop.com where the Consumer can electronically order the Products of MKBM.
Article 2. Identity of MKBM
- MYKillerbodymotivation B.V., also trading under the trade names MKBM, MKBMshop, MKBM Publishing, with its registered office and office at Purmerland, the Netherlands, being the user of these General Terms and Conditions
Address: Purmerland 95, 1451 MJ Purmerland;
Telephone number: 085 - 0441011
Email address: firstname.lastname@example.org
Chamber of Commerce number: 63088924
VAT number: NL855087146B01
Article 3. Applicability
- These General Terms and Conditions apply to any offer from MKBM, every order 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 shall be made available to the Consumer.
- If the Agreement is concluded electronically, the text of these General Terms and Conditions shall be made available to the Consumer electronically in such a way that the Consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the Agreement is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge to the Consumer upon request, either electronically or otherwise.
Article 4. Offers
- All offers from MKBM are non-binding unless expressly stated otherwise and can be revoked by MKBM. MKBM expressly reserves the right to change prices if a change in the VAT rate gives cause to do so. 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 the offer from MKBM.
- Offers do not automatically apply to follow-up orders, and MKBM reserves the right to change the prices of the offers.
- The duration of all offers is limited to "while supplies last" or the duration stated on the Website. If the duration of an offer is exceeded, the offer expires automatically, and the Consumer can no longer take advantage of the offer.
- The offer includes a complete and accurate description of the offered Products. The description is sufficiently detailed to allow the Consumer to make a proper assessment of the offer. If MKBM uses images, they are a truthful representation of the offered Products. However, MKBM cannot guarantee that the displayed colors on the Website exactly match the real colors of the Products. Obvious errors or mistakes in the offer do not bind MKBM.
Article 5. Orders
- The Consumer can place orders using the methods described on the Website.
- If MKBM has valid reasons, MKBM is entitled to refuse an order or attach special conditions to the Agreement. In that case, the Agreement is dissolved or modified. If the Consumer does not agree to the modification 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 the offer from MKBM.
- If MKBM does not accept an order or if MKBM wishes to attach special conditions to the Agreement, MKBM will inform the Consumer of this within seven days after receiving the order.
- MKBM does not accept orders when MKBM cannot determine the Consumer's residential address and/or when the Consumer is under the age of eighteen.
- Within the legal framework, MKBM can ascertain whether the Consumer can fulfill their payment obligations, as well as any other facts and factors that are relevant for entering into the Agreement responsibly. If, based on this investigation, MKBM has valid reasons not to enter into the Agreement, MKBM is entitled to refuse or attach special conditions to a motivated order or application.
Article 6. Conclusion of the Agreement
- The Agreement is concluded, subject to the provisions of Article 5, at the moment the Consumer places an order with MKBM based on MKBM's offer, thereby accepting the offer and fulfilling the conditions set forth therein.
- Before the Consumer has the opportunity to proceed with the payment of the Products, an overview of the selected Products is shown to the Consumer.
- MKBM will confirm the receipt of the order by electronic means (via email).
- To the extent that the Agreement is concluded electronically, MKBM takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the Consumer can make electronic payments, MKBM will take appropriate security measures for that purpose.
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 separately indicated 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 indicating the total costs, including shipping costs.
- The Consumer can pay for the ordered Products using IDEAL and credit cards (Visa, MasterCard, American Express, Maestro, Carta Si, Cartes Bancaires).
- When paying by credit card, MKBM reserves the right to verify the validity of the credit card, the availability of sufficient funds for debiting the purchase amount, and/or the accuracy of the Consumer's address details. MKBM reserves the right to refuse the purchase with a credit card.
- The Consumer has an obligation to promptly report any inaccuracies in the provided or stated payment details to MKBM.
- If the Consumer fails to fulfill his payment obligation(s) in a timely manner, after MKBM has notified the Consumer of the late payment and granted the Consumer a period of 14 days to fulfill his payment obligations, and payment is still not made within this 14-day period, the Consumer is liable for statutory interest on the outstanding amount and MKBM is entitled to charge the extrajudicial collection costs incurred. 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 subsequent €5,000, with a minimum of €40. MKBM can deviate from these amounts and percentages in favor of the Consumer.
Article 8. Delivery and risk
- MKBM exercises the utmost care when receiving orders and shipping the ordered Products.
- MKBM dispatches accepted and paid orders as soon as possible in the 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 authorized to deliver the Products to the Consumer's neighbors.
- MKBM aims to execute accepted orders promptly, but no later than thirty calendar days after the order has been accepted, unless another delivery period has been agreed upon.
- In the event of a delay in delivery or if an accepted and paid order cannot be delivered or can only be partially delivered, the Consumer will be notified within thirty calendar days from the date of placing the order. In such a case, the Consumer has the right to dissolve the Agreement without incurring any costs. In the event 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 accept the purchased Products at the time they are made available 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 accept the Products at the agreed place(s) at the time when MKBM delivers them or makes them available to the Consumer according to the Agreement. If the Consumer fails to do so, the resulting costs, including the shipping costs mentioned in articles 8.1 and 8.2, shall be borne by the Consumer.
- 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 provides an incorrect address for delivery, MKBM has the right to charge additional shipping costs to the Consumer.
- Exceeding the delivery times does not entitle the Consumer to compensation, dissolution of the Agreement, or non-performance of any obligation arising from this Agreement or any other related Agreement, except as provided in article 8.5.
- MKBM makes its best efforts to keep the Website as up-to-date as possible. If a Product is unexpectedly out of stock, 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 stating reasons within fourteen (14) calendar days, starting from the day of receipt of the Product or the last Product in the case of multiple Products ordered in the same order.
- The Right of withdrawal does not apply explicitly to the following Products and/or Services:
- During the Cooling-off Period, the Consumer shall handle the Product(s) and packaging with care. The Consumer shall only unpack or use the Product to the extent necessary to assess whether they wish to keep it. The Consumer shall handle and inspect the Product(s) in the same manner as they would be allowed to do in a store. The Consumer shall be liable for any depreciation of the Product resulting from handling it beyond what is necessary.
- If the Consumer wishes to exercise their Right of Withdrawal, they must notify MKBM of their name, the name of the Product, the number of Products, the order number, and their intention to withdraw using the model form provided at the bottom of these General Terms and Conditions or by any other unambiguous means, such as email, letter, or telephone (as mentioned in Article 2). MKBM will promptly send an acknowledgment of receipt of the withdrawal notification to the Consumer.
- As soon as possible, but no later than 14 days from the day following the notification referred to in Article 9.3, the Consumer shall return the Product to MKBM. The Consumer has fulfilled this obligation if they have returned the Product(s) to MKBM within this period. If the Consumer exercises their Right of Withdrawal, they shall return the Product, along with all accessories provided, in its original condition and packaging, to the address of MKBM. The risk and burden of proof for exercising the Right of Withdrawal in a timely and proper manner lie with the Consumer.
- The Consumer shall bear the costs of returning the Product(s).
- The returned Products must be in a state that corresponds to normal use for fitting purposes, as customary in a store, and must be equipped 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 charge the purchase price of the Product or not to refund it.
- MKBM will refund the purchase price and the charged shipping costs within fourteen (14) calendar days after the Consumer has notified MKBM of the return of the Products, provided that the relevant Product is undamaged, unworn, unwashed, unused, unaltered, and in its original packaging and with labels. MKBM will only refund the purchase price once the Products have been received by MKBM or when the Consumer provides proof of having returned them.
- If the Consumer has chosen a more expensive method of delivery than the standard delivery, MKBM is not obliged to refund the additional costs for the more expensive method. MKBM will use the same payment method for the refund as the Consumer used for the original transaction.
Article 10. Complaints
- MKBM has a complaints procedure as set out in Article 10 of these General Terms and Conditions. MKBM handles complaints from the Consumer 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 in writing and with reasons as soon as possible, but in any case within two months after delivery of the Product to the Consumer, or within a reasonable time after the defect could have been reasonably discovered. The notification should be sent to the email address email@example.com.
- Minor variations in quality, color, size, weight, finish, design, etc., which are considered acceptable in the trade or technically unavoidable, do not provide a basis for complaints.
- If it has been demonstrated that the Products do not conform to the Agreement, the Consumer has the choice to have the respective Products repaired by MKBM upon their return, or to have them replaced with new Products, unless this is impossible or cannot reasonably be demanded of MKBM. In that case, MKBM will reimburse the invoice value of the Products to the Consumer upon return of the already received Products.
Article 11. Retention of Title
- MKBM remains the full owner of the delivered Product/Products until the purchase price has been fully paid.
Article 12. Intellectual Property Rights
- The Intellectual Property Rights to the (designs) of the Products and/or Services, along with the texts, images, layout, databases, photos, and other (static or moving) visual material, formats, software, trademarks, domain names, and other materials resulting from the Website and/or the Products and/or Services are owned by MKBM.
- The Consumer is not entitled to make the Website (or parts thereof) public and/or reproduce it in any way. The Consumer may not make any changes to the delivered Products, unless it follows from the nature of the delivered Products or is agreed upon in writing. The Consumer may only create a hyperlink to the Website for purely informative purposes for Consumers. Creating 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 a consecutive period of twelve (12) weeks, starting on the day of the first login to the designated web environment. The first login must take place within two weeks after the agreement is established, failing which the duration of the online course will be proportionally shortened.
- Course materials and assignments will be added weekly to the web environment by MKBM.
- MKBM does not guarantee that the online student will achieve the desired results by taking the online course. MKBM is only obligated to make efforts in providing online courses and training.
- MKBM is not liable for any actions or omissions of the online student based on 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. Such deviations do not grant any rights with regard to future legal relationships and agreements. The administration of MKBM serves as evidence of the requests and/or orders made by the Consumer, unless proven otherwise. The Consumer acknowledges that electronic communication can serve as evidence.
- MKBM is entitled to transfer the rights and obligations from the Agreement with the Consumer to a third party by means of a single notice to the Consumer. In that case, the Consumer has the right to terminate the Agreement free of charge.
- If one or more provisions of these General Terms and Conditions or any other Agreement with MKBM conflict with any applicable legal provisions, the respective provision will be null and void and replaced by a new provision determined by MKBM that is legally permissible.
Article 15. Applicable Law and Jurisdiction
- These General Terms and Conditions, as well as the resulting Agreements/disputes, are exclusively governed by Dutch law.
- All disputes relating to an Agreement or the execution of an Agreement between the Consumer and MKBM, which cannot be resolved amicably between the parties, will be submitted to the competent court within the jurisdiction where the Consumer resides.
Appendix I: Model Withdrawal Form
Model Withdrawal Form
(only complete and return this form if you wish to withdraw from the agreement)
Please check the return information in your account on our website for the correct return address.
Email: via this form
I/We* hereby give notice that I/We* withdraw from our agreement regarding
the sale of the following products: [product description]*
the provision of the following digital content: [digital content description]*
the performance of the following service: [service description]*
Withdrawal date*/Received on* [date of order for services or receipt for products]
[Consumer signature(s)] (only if this form is submitted on paper)
*Delete as appropriate or fill in as applicable.