Terms of service

TABLE OF CONTENTS

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – The Price
Article 7 – Performance and Additional Guarantee
Article 8 – Delivery and Execution
Article 9 – Payment
Article 10 – Complaints Procedure
Article 11 – Disputes
Article 12 – Additional or Deviating Provisions

ARTICLE 1: DEFINITIONS

In these terms and conditions, the following definitions apply:

Additional Agreement: an agreement in which the consumer acquires products or services in connection with a distance contract with WALK IT OFF, and these are delivered by WALK IT OFF or a third party.

Cooling-off Period: the period within which the consumer may exercise the right of withdrawal.

Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession.

Day: calendar day.

Digital Content: data produced and supplied in digital form.

Continuous Agreement: an agreement aimed at the regular supply of products or services over a certain period.

Durable Data Carrier: any tool (including email) that enables the consumer or WALK IT OFF to store information for future reference.

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: WALK IT OFF, offering products and/or services remotely to consumers.

Distance Contract: a contract concluded between WALK IT OFF and the consumer within a system for distance sales or services.

Model Withdrawal Form: the European standard withdrawal form.

Means of Distance Communication: tools such as websites, email, or telephone used to conclude contracts remotely.

ARTICLE 2: IDENTITY OF THE ENTREPRENEUR

Business name: WALK IT OFF
Registered address: Tuinkersgaarde 1, 2803RM Gouda, The Netherlands
Email address: support@walkitoff.eu

Chamber of Commerce number: 97628808
VAT number: NL005284227B63

If applicable: information regarding licensing systems or professional regulations will be provided upon request.

ARTICLE 3: APPLICABILITY

These general terms and conditions apply to every offer from the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the contract is concluded, how the terms and conditions can be reviewed by the consumer and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate where the terms can be accessed electronically and that they will be sent electronically or otherwise upon request.

Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting conditions, the consumer may rely on the most favorable applicable provision.

ARTICLE 4: THE OFFER

If an offer has a limited validity period or is made under conditions, this will be explicitly stated.

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment. If the entrepreneur uses images, these are a truthful representation of the products or services. Obvious mistakes or obvious errors do not bind the entrepreneur.

Every offer includes information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5: THE AGREEMENT

Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance without delay. Until this confirmation is sent, the consumer may dissolve the agreement.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may—within legal frameworks—verify whether the consumer can meet payment obligations, as well as relevant facts for responsibly entering into the agreement. If the entrepreneur has grounds not to conclude the agreement, they may refuse an order or attach special conditions.

Upon delivery of the product, service, or digital content, the entrepreneur will provide the consumer, in writing or on a durable data carrier:

  • the physical address of the entrepreneur’s business for complaints;

  • the conditions under which the right of withdrawal may be exercised, or when withdrawal is excluded;

  • information on guarantees and existing after-sales service;

  • the price including taxes, delivery costs if applicable, and payment/delivery/execution methods;

  • the conditions for terminating the agreement if it has a duration of more than one year or is indefinite;

  • the model withdrawal form, if applicable.

In the case of a continuous agreement, this provision applies only to the first delivery.

ARTICLE 6: THE PRICE

During the validity period stated in the offer, the prices of products and/or services will not increase, except for VAT rate changes.

In deviation from the above, prices may vary for products or services subject to financial market fluctuations beyond the entrepreneur's control. This will be stated in the offer.

Price increases within three months after contract formation are only allowed if required by law.

Price increases after three months are only allowed if agreed upon and:

  • they result from legal regulations; or

  • the consumer may terminate the agreement from the day the increase takes effect.

All prices include VAT.

ARTICLE 7: PERFORMANCE AND GUARANTEE

The entrepreneur guarantees that the products and/or services comply with the agreement, specifications in the offer, reasonable standards of usability and reliability, and legal requirements in place at the time of the agreement. If agreed, the entrepreneur also guarantees suitability for non-standard use.

Any additional guarantee provided by the entrepreneur, supplier, manufacturer, or importer does not limit the consumer’s legal rights.

Additional guarantee means any commitment offering the consumer more rights than legally required if the entrepreneur fails to fulfill obligations.

ARTICLE 8: DELIVERY AND EXECUTION

The entrepreneur will exercise the greatest care when receiving and executing orders and assessing service requests.

The delivery address is the address provided by the consumer.

With due observance of Article 4, accepted orders will be executed promptly, no later than 30 days unless otherwise agreed. If delivery is delayed or an order cannot be executed, the consumer will be informed within 30 days. The consumer may dissolve the agreement without cost and is entitled to reimbursement.

After dissolution, the entrepreneur will refund payments without delay.

Risk of damage or loss remains with the entrepreneur until delivery to the consumer or a designated representative.

ARTICLE 9: PAYMENT

Unless otherwise stated, amounts owed by the consumer must be paid within 14 days of the cooling-off period or, if none applies, within 14 days of contract conclusion.

In the sale of products, the consumer may never be obligated to pay more than 50% in advance in general terms. If advance payment is required, the consumer cannot claim execution of the order until payment is made.

The consumer must promptly notify the entrepreneur of incorrect payment details.

If the consumer fails to pay on time, and has been reminded and given an additional 14 days to comply, statutory interest may be charged on outstanding amounts, and reasonable collection costs may be applied—max. 15% of amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40.

ARTICLE 10: COMPLAINTS PROCEDURE

The entrepreneur has an accessible complaints procedure and handles complaints according to this procedure.

Complaints must be submitted promptly and clearly described after the consumer discovers defects.

The entrepreneur will respond within 14 days after receipt. If a complaint requires longer processing, the consumer will receive an acknowledgement and an estimate of when a detailed response will follow.

The consumer must give the entrepreneur at least four weeks to resolve the complaint. After this period, the dispute becomes eligible for dispute resolution.

ARTICLE 11: DISPUTES

Dutch law applies exclusively to agreements between the entrepreneur and consumer to which these terms relate.

ARTICLE 12: ADDITIONAL OR DEVIATING PROVISIONS

Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or on a durable data carrier accessible to the consumer.