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Terms of Agreement

Article 1. General information

1.1 These terms and conditions apply to all offers of Perform Better Benelux web shop. The conditions are accessible to all on the website

http://performbetterbenelux.com/pages/terms-of-agreement

1.2 By placing an order you acknowledge that you agree with these terms and conditions. Perform Better Benelux web reserves the right to makes changes to these terms and conditions.
1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not authorised by Perform Better Benelux.
1.4 Perform Better Benelux guarantees that the delivered product or service complies with the agreement and meets the specifications listed in the offer.

Article 2. Delivery

2.1 Delivery will takes place while stocks last.
2.2 Orders placed will be delivered as soon as possible. If this is not possible (because the item ordered is out of stock or no longer available) or for any other reason causing delays, or in cases where an order cannot or can only partially be executed, staff of Perform Better Benelux will contact the customer within 48 hours after placing the order. Here the customer is given the opportunity to select another similar product. The customer will also be entitled to cancel the order without costs or notice of default.
The obligation of Perform Better Benelux to deliver will, subject to proof, be met when the delivered goods are offered to the customer.

2.4 All terms referred to on the website are indicative. No rights may be derived from these terms.

Article 3. Payment and prices

3.1 Payment must be made directly via the iDEAL payment systems, Mollie payment options or Credit Card.
3.2 Perform Better Benelux reserves the right to raise the product prices, should legal measures necessitate this, or if the supplier raises his prices in the meantime.
3.3 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
3.4 All prices are in euros and include VAT.

Article 4. Approval period/right of withdrawal

4.1 With a consumer purchase, the customer has the right to return (part of) the goods within a period of seven days without providing any reason for doing so. This period commences the moment the ordered goods are delivered. The customer is obliged, before proceeding to return goods within the period of seven working days after delivery, to provide Perform Better Benelux with notification in writing or by email. The customer is obliged, following this notification in writing or email, to return the products to Perform Better Benelux within a reasonable time frame. Goods must be returned as much as possible in their original condition. If the goods are used by the customer, encumbered or damaged in any way, the right to terminate under this paragraph is revoked. Subject to the provisions in the previous sentence, Perform Better Benelux will ensure that, within 30 days after receipt of the return, the full purchase price, excluding the cost of shipping, will be refunded to the customer. The return of the delivered goods is the sole responsibility and risk of the customer.

4.2 The right of withdrawal does not apply to:
• goods which are manufactured according to customer specifications, such as customised goods, or goods which have a clearly personal nature;
• goods which by reason of their nature cannot be returned, for example, for reasons of hygiene or because they rapidly decay or age;
• audio and video recordings or computer software for which the customer has broken the seal;
• the delivery of newspapers and magazines for the services of betting transactions and lotteries.

Article 5. Data management

5.1 When you place an order, your data will be included in a customer database. Perform Better Benelux abides by the Act on Registration of Personal Data, by way of a privacy policy, and will not share your information with third parties.

5.2 Perform Better Benelux respects the privacy of the users of the website and will maintain strict confidentiality of your personal information.

Article 6. Warranty, liability and compliance

6.1 Perform Better Benelux guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or suitability and the legislation and/or provisions that are current at the date of the creation of the agreement.

6.2 An arrangement brought forward by Perform Better Benelux, the manufacturer or importer as a guarantee, does not alter the rights and claims which the customer can apply due to a right of specific performance concerning the responsibilities of the Perform Better Benelux to the customer on the grounds of the legislation and/or the distance agreement.

6.3 The customer is obliged to check the goods immediately upon receipt. Should the delivered goods appear to be wrong, inadequate or incomplete, the customer must immediately notify the staff of the Transport department. Using the goods after detection of defects, damage caused after detection of defects, encumbrance and/or sale after detection of defects, makes the right to return null and void.

6.4 If, within six months of receipt of the product, technical failure occurs due to manufacturing defects under normal use of the product, Perform Better Benelux, after assessment thereof, is obliged to remedy these defects without charge or deliver a new comparable product.

6.5 The liability of Perform Better Benelux and the amount of compensation is limited to a maximum of the invoice amount of the goods concerned, or (if Perform Better Benelux so chooses) to the maximum amount covered by its applicable liability insurance. All liability for any other form of damage is excluded, including additional or supplemental compensation in any form whatsoever, compensation of indirect loss or consequential loss or loss due to lost turnover or profit.

6.6 Perform Better Benelux is not liable for damage caused intentionally or due to equivalent deliberate recklessness of its staff.

6.7 This warranty does not apply if: A) and for as long as the customer is in default towards Perform Better Benelux; B) the customer has repaired and/or modified the delivered goods themselves or has had the delivered goods repaired or modified by a third party; C) the delivered goods were exposed to abnormal conditions or were handled carelessly or contrary to the instructions of Perform Better Benelux and/or instructions on the packaging; D) the defect is wholly or partially the consequence of (current or future) governmental regulations regarding the nature or quality of the materials used.

Article 7. Offers

7.1 Offers are free of obligation, unless otherwise stated in the offer.
7.2 Verbal commitments will only be binding upon Perform Better Benelux after they have been expressly confirmed in writing.

7.3 Offers from Perform Better Benelux web shop do not automatically apply to repeat orders.

7.4 Perform Better Benelux cannot be held to its offers if the customer ought to have understand that the offer, or any part thereof, contained an obvious mistake or error.

7.5 Additions, modifications and/or further agreements are only valid if agreed in writing.

Article 8. Agreement

8.1 The agreement is established after an order has been evaluated by Perform Better Benelux for feasibility.

8.2 Perform Better Benelux reserves the right, without providing any reason, not to accept orders or custom orders.

Article 9. Images and specifications

All images, photographs, drawings, etc. - including information concerning weight, dimensions, colours, images of labels, etc. on the website of Perform Better Benelux are only approximate, are indicative and may not lead to damages or dissolution of the agreement.

Article 10. Force majeure

10. Perform Better Benelux is not liable if and when it cannot fulfil its agreements due to force majeure.

10.2 Force majeure comprises any strange cause as well as any circumstantial situation which cannot reasonably be held to be the responsibility of Perform Better Benelux. Delay or failure by our suppliers, internet disruptions, electric failure, disruptions to e-mail communications and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers, sickness of staff members, and defects in aid or means of transport are explicitly considered as force majeure.

10.3 In the case of force majeure, Perform Better Benelux reserves the right to suspend the agreement wholly or partially, or to demand that the content of the agreement be modified so that the realisation of the agreement remains feasible. Under no circumstances will Perform Better Benelux be obliged to pay any penalty or compensation for damage.

Article 11. Retention of title and risk

11.1 All goods delivered by Perform Better Benelux under the terms of the agreement remain its property until the customer complies fully with all the obligations contained in the agreement(s) made with Perform Better Benelux.

11.2 The risk of loss, damage or value depreciation is transferred to the customer at the moment the purchased goods are under the customer's control.

Article 12. Governing law/competent court

12.1 All agreements are governed by Belgian law.
12.2 The competent court in the district of Gent cognizance of disputes arising from an agreement between Perform Better Benelux and the customer which cannot be resolved by mutual agreement, unless Perform Better Benelux prefers to submit the difference to the competent court of the residence of the customer, with the exception of those disputes that fall under the jurisdiction of a magistrate.

Identity of the entrepreneur

Let's Do It BVBA, trading under the name Perform Better Benelux
Business address & visitor address:

Overzet 16
BE-9000 Gent
+32488461611
VAT:BE 0547 999 322
hello@performbetterbenelux.com
www.performbetterbenelux.com