Article 1. Definitions
In these General Terms and Conditions: Terms and Conditions: these terms and conditions of sale and delivery of Killerbody;
Article 2. Identity of Killerbody
Article 3. Applicability
These General Terms and Conditions apply to every offer from Killerbody, every order from Consumer and every Agreement concluded between Killerbody and 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 it can be easily stored by the Consumer 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 inspected electronically and that they will be sent free of charge at the request of the Consumer electronically or otherwise. .
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 text: “I agree with the general terms and conditions and privacy policy” is the acceptance of the General Terms and Conditions.
Article 4. Offers
All offers from Killerbody are without obligation, unless expressly stated otherwise, and can be revoked by Killerbody. Killerbody expressly reserves the right to change the prices if a change in the VAT rate gives rise to this. When an offer changes after the conclusion of the Agreement, the Consumer is entitled to dissolve the Agreement and cancel the order, during 10 calendar days after notification of the change in the offer from Killerbody.
Offers do not automatically apply to backorders and Killerbody reserves the right to change the prices of the offers.
The term of all offers applies: as long as stocks last or the term stated on the Website. If the term of an offer is exceeded, the offer expires by operation of law and the Consumer can no longer use 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 Killerbody uses images, these are a true representation of the Products offered. However, Killerbody cannot guarantee that the colors displayed on the Website exactly match the real colors of the Products. An obvious mistake or obvious errors in the offer are not binding on Killerbody.
Article 5. Orders
Consumer can order in the ways described on the Website.
If Killerbody has good grounds, Killerbody 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 to the Agreement, the Consumer is entitled to terminate the Agreement and cancel the order during 10 calendar days after notification of the amendment to Killerbody's offer.
If Killerbody does not accept an order or if Killerbody wishes to attach special conditions to the Agreement, Killerbody will inform the Consumer of this no later than seven days after receipt of the order.
In any case, Killerbody will not accept any orders if Killerbody cannot determine the residential address of the Consumer and/or if the Consumer is younger than eighteen.
Killerbody can - within legal frameworks - inform itself whether the Consumer can meet his/her payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the Agreement. If, on the basis of this investigation, Killerbody has good reasons not to enter into the Agreement, Killerbody is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
Article 6. Subscriptions
The Consumer has the option to take out a subscription to Killerbody products.
When entering into a subscription, the Consumer is obliged to purchase at least 2 deliveries.
If the Consumer cancels one delivery or cancels the direct debit, the Consumer will receive an invoice for the outstanding amount.
After 2 deliveries, the subscription can be canceled freely by the Consumer.
Subscriptions are tacitly renewed until the Consumer cancels the subscription himself.
For each delivery, the Consumer pays the standard shipping costs as stated on the Killerbody Website.
Killerbody reserves the right to unilaterally modify the sale prices of its Products at any time. In the event of price changes, the Consumer is free to cancel their subscription via Killerbody's customer service.
Article 7. Formation Agreement
The Agreement is concluded, subject to the provisions of Article 5, at the moment that the Consumer places an order with Killerbody on the basis of Killerbody's offer, with which the offer is accepted by the Consumer and the Consumer meets the relevant conditions.
Before the Consumer is given the opportunity to pay for the Products, the Consumer will be shown an overview of the Products selected by him.
Killerbody will confirm receipt of the order electronically (by e-mail).
If and insofar as the Agreement is concluded electronically, Killerbody will take appropriate technical and organizational measures to secure the electronic transfer of data and Killerbody will ensure a safe web environment. If the Consumer can pay electronically, Killerbody will take appropriate security measures.
Article 8. Prices, payments and shipping costs
The prices stated on the Website are in Euros, including VAT and excluding shipping costs, unless stated otherwise or agreed 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 an order, the Consumer immediately receives a confirmation by e-mail, as well as a separate e-mail stating the total costs, including shipping costs.
The Consumer can pay for the ordered Products by means of iDEAL, Paypal and credit card (VISA, Mastercard, American Express, Maestro, Carta Si, Cartes Bancaires).
When paying by credit card, Killerbody reserves the right to check whether the credit card is valid, whether there is sufficient spending space for debiting the purchase amount and/or whether the Consumer's address details are correct. Killerbody reserves the right to refuse credit card purchases.
The Consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to Killerbody.
If the Consumer does not meet his payment obligation(s) in time, after he has been informed by Killerbody of the late payment and Killerbody has granted the Consumer a period of 14 days to still meet his payment obligations, after the failure to payment within this 14-day period, the statutory interest will be due on the amount still due and Killerbody 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 next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. Killerbody may deviate from the stated amounts and percentages to the benefit of the Consumer.
Article 9. Delivery and risk
Killerbody takes the greatest care when receiving orders and sending the ordered Products.
Killerbody ships accepted and paid orders as soon as possible in the order they are received.
The order will be delivered to the address specified by the Consumer. If the Consumer is not at home at the time of delivery, Killerbody is entitled to deliver the Products to the neighbors of the Consumer. Killerbody strives to execute accepted orders expeditiously, but at the latest within thirty calendar days after the order has been accepted, unless a different delivery period has been agreed.
In the event that delivery is delayed, or if an accepted and paid order cannot or only partially be delivered, the Consumer will be notified of this no later than thirty calendar days after placing the order. In that case, the Consumer has the right to dissolve the Agreement free of charge. In the event of dissolution, Killerbody will refund the amount received as soon as possible, but no later than two weeks after written dissolution. The Consumer is obliged to take delivery of the purchased Products at the moment Killerbody makes them available to the Consumer.
The risk of damage and/or loss of the Products rests with Killerbody 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 location(s) at the time that the Killerbody delivers them to him or has them delivered, or at the time when they are made available to him in accordance with the Agreement. If the Consumer remains in default in this respect, the resulting costs will be for his account, including the shipping costs referred to in Articles 8.1 and 8.2.
If the Consumer refuses or is negligent in providing information or instructions necessary for the delivery, the Products intended for delivery will be stored at the expense and risk of the Consumer.
If Consumer has provided an incorrect address for delivery, Killerbody has the right to charge additional shipping costs to Consumer.
Exceeding the delivery times does not entitle the Consumer to compensation, dissolution of the Agreement or non-compliance with any obligation that may arise for the Consumer from this or any other related Agreement, all this subject to the provisions of Article 8.5.
Killerbody does its best to keep the Website as up to date as possible. In the unlikely event that a Product is no longer available, Killerbody will contact the Consumer within 30 days after placing the order.
Article 10. Right of withdrawal
The Consumer has the right to terminate the Agreement without giving reasons during fourteen (14) calendar days, calculated from the day of receipt of the Product or the last Product of all Products if several Products have been ordered in the same order.
The right of withdrawal expressly does not apply to the following Products and/or Services:
During the Reflection Period, the Consumer will handle the Product(s) and the 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 starting point here is that the Consumer may only handle and inspect the Product(s) as he would be allowed to do in a shop. The Consumer is only liable for depreciation of the Product that is the result of a way of handling the Product that goes beyond what is permitted.
If the Consumer wishes to make use of the Right of Withdrawal, the Consumer must report his name, the name of the Product, the number of Products and the order number and his appeal to 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 e-mail, by letter or by telephone (as referred to in Article 2). Killerbody will send a confirmation 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 Killerbody. The Consumer has in any case fulfilled this obligation if the Product(s) has been returned to Killerbody within this period. If the Consumer makes use of his Right of Withdrawal, he will return the Product with all accessories supplied and in its original condition and packaging to Killerbody's address. The risk and the burden of proof of the timely and correct exercise of the Right of Withdrawal rests with the Consumer.The Consumer bears the costs of returning the Product(s).
The returned Products must be in a condition that corresponds to normal use for fitting as is also customary in the store with fitting, and must be provided with the original labels and/or tags. When a Product has deteriorated in quality and/or the original labels and/or labels have been removed, Killerbody reserves the right to charge or not refund the purchase price of the Product.
Killerbody will refund the purchase amount and the shipping costs charged within fourteen (14) calendar days after the Consumer has reported the return of the Products to Killerbody, provided that the Product in question is undamaged, has not been worn, has not been washed, has not been used or modified and is provided with the original packaging and labels. Killerbody will only return the purchase price when the Products have been received by Killerbody, or when the Consumer proves that he has sent them back.
If the Consumer has opted for a more expensive method of delivery than the standard delivery, Killerbody does not have to reimburse the additional costs for the more expensive method. For reimbursement, Killerbody uses the same payment method as the Consumer has used.
Article 11. Complaints
Killerbody has a complaints procedure as included in article 10 of these General Terms and Conditions. Killerbody handles consumer complaints in accordance with this complaints procedure.
Killerbody has an obligation to deliver Products that conform to the Agreement.
If the Product does not comply with the Agreement, the Consumer must notify Killerbody of this as soon as possible and in any case within two months after delivery of the Product to the Consumer, at least after the observation was reasonably possible, in writing and stating reasons via the e-mail address hello@killerbodyfood.com. Minor deviations in quality, colour, size, weight, finish, design, etc. that are deemed acceptable in the trade or technically unavoidable do not constitute a basis for complaints and complaints.
If it has been shown that the Products do not comply with the Agreement, the Consumer has the choice either to have the Products in question repaired by Killerbody against their return, or to have them replaced by new Products, unless this is impossible or cannot be required of Killerbody. In that case, Killerbody will refund the invoice value of the Products to the Consumer, after returning the Products already received.
Article 12. Retention of title
Killerbody retains full ownership of the Product(s) delivered until the purchase price has been paid in full.
Article 13. Intellectual Property Rights
The Intellectual Property Rights to the (designs) of the Products and/or Services, together with the texts, images, design, data files, photographs and other (still or moving) visual material, formats, software, brands, domain names and other materials resulting from from the Website and/or the Products and/or Services are vested in Killerbody.
The Consumer is not entitled to publish (parts of) the Website in any way and/or to reproduce it in any way whatsoever. The Consumer may not make any changes to the delivered Products unless the nature of the delivered dictates otherwise or has been agreed otherwise in writing. Consumer may only provide a hyperlink to the Website if this is done for purely informative purposes to Consumers. Creating a hyperlink for any other purpose, such as a commercial purpose, is strictly prohibited.
Article 14. Special provisions for online courses
The online course participant has access to the online course for twelve (12) consecutive weeks, starting on the day on which he first logs in to the appropriate 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 reduced proportionately.
Online course materials and course assignments are added to the web environment by Killerbody on a weekly basis. Killerbody does not guarantee that the online student will achieve the desired results by following the online course, Killerbody only has a best efforts obligation with regard to the delivery and offering of online courses and training. Killerbody is never liable for what the online student does or fails to do as a result of the knowledge and/or skills he/she has acquired through the course.
Article 15. Miscellaneous
Any deviations from these General Terms and Conditions can only be agreed in writing between Killerbody and the Consumer. No rights can be derived from such deviations with regard to future legal relationships and Agreements. Killerbody's administration is, subject to evidence to the contrary, as proof of the requests and/or orders made by the Consumer. The consumer acknowledges that the electronic communication can serve as proof.
Killerbody is entitled to transfer the rights and obligations under the Agreement with Consumer to a third party by a single notification to Consumer. In that case, the Consumer has the right to dissolve the Agreement free of charge.
If one or more provisions of these General Terms and Conditions or any other Agreement with Killerbody should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new, legally permissible provision to be determined by Killerbody. .
Article 16. Applicable law and competent court
Only Dutch law applies to these General Terms and Conditions and the resulting Agreements/disputes. All disputes relating to an Agreement or the performance of an Agreement between the Consumer and Killerbody, which cannot be resolved by mutual agreement between the parties, will be submitted to the competent court in the jurisdiction in which the Consumer resides.
