Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period in which the consumer may exercise their right of withdrawal.
- Consumer: a natural person not acting in the course of a profession or business.
- Day: calendar day.
- Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.
- Distance contract: an agreement concluded between GymBag and the consumer within an organised system for distance selling, without physical presence.
- Durable medium: any tool that enables the consumer to store and reproduce information, such as email or PDF.
- Model withdrawal form: the form that the consumer can use to exercise the right of withdrawal.
Article 2 – Identity of the Entrepreneur
- Name: GymBag
- Registered address: Carstensdijk 77, 7916 RA Elim, The Netherlands
- Email: support@getgymbag.com
- Chamber of Commerce number: 97344567
- VAT number: NL868012427B01
Article 3 – Applicability
- These general terms apply to every offer from GymBag and to any distance contract between GymBag and the consumer.
- Prior to the conclusion of the contract, these terms are made available to the consumer in a clear and accessible manner.
- If any provision is found invalid, the remaining provisions remain in full force. The invalid clause will be replaced by a provision that most closely reflects the original intent.
Article 4 – The Offer
- All offers are non-binding and subject to change.
- The offer includes a complete and accurate description of the products. Obvious errors are not binding.
- Images are a true representation, but slight variations in color or detail are possible.
Article 5 – The Agreement
- The agreement is concluded at the moment the consumer accepts the offer and GymBag confirms the order.
- In the case of electronic acceptance, GymBag confirms receipt without delay.
- GymBag may verify, within legal limits, whether the consumer can meet the payment obligation.
- If there are valid reasons, GymBag may refuse an order or attach special conditions.
Article 6 – Right of Withdrawal
- The consumer has the right to cancel the contract within 14 days without giving any reason.
- The cooling-off period starts the day after the consumer (or a third party, not the carrier) receives the product.
- If the order consists of multiple products, the period starts upon receipt of the final product.
Article 7 – Obligations of the Consumer During the Cooling-Off Period
- The consumer may handle the product only as necessary to determine its nature, features, and functioning.
- If the product is damaged due to careless use, the consumer is liable for any loss in value.
Article 8 – Exercising the Right of Withdrawal and Costs
- To exercise the right of withdrawal, the consumer must notify GymBag within the cooling-off period using the model form or a clear statement.
- The product must be returned within 14 days after notification.
- Return shipping costs are at the consumer’s expense.
- Exception: personalised products are excluded from the right of withdrawal, unless there’s a production defect.
Article 9 – Obligations of GymBag in Case of Withdrawal
- If the withdrawal is valid, GymBag will refund the purchase amount, including standard shipping costs, within 14 days.
- The refund will be made using the same payment method used by the consumer, unless agreed otherwise.
Article 10 – Prices and Payment
- All prices include VAT and other applicable taxes.
- Obvious pricing errors do not entitle the consumer to delivery at the incorrect price.
- Accepted payment methods include iDEAL, Bancontact, credit card, Klarna, and others listed on the website.
- If payment is not received, GymBag may suspend delivery or terminate the agreement.
Article 11 – Conformity, Warranty and Liability
- GymBag guarantees that products conform to the contract and meet reasonable expectations.
- Legal warranty applies: products must do what the consumer may reasonably expect.
- Defects must be reported within a reasonable timeframe.
- GymBag is not liable for indirect or consequential damages unless caused by intent or gross negligence.
Article 12 – Delivery and Execution
- GymBag will carry out orders with care.
- Delivery is made to the address provided by the consumer.
- Indicated delivery times are estimates.
- If delivery is not possible, the consumer will be informed and refunded.
- Risk of damage or loss lies with GymBag until delivery to the consumer.
Article 13 – Retention of Title
Ownership of the product transfers to the consumer only after full payment of the purchase price.
Article 14 – Force Majeure
- In case of force majeure, GymBag is not obliged to fulfil any obligation.
- Force majeure includes: network outages, strikes, government measures, natural disasters, or supplier delays.
- In such cases, GymBag may suspend or cancel the agreement without being liable for damages.
Article 15 – Complaints Procedure
- Complaints can be submitted via support@getgymbag.com.
- We aim to respond substantively within 2 working days.
- Unresolved complaints may be submitted via the EU ODR platform: https://ec.europa.eu/consumers/odr
Article 16 – Privacy
- We handle personal data with care.
- Data processing complies with the General Data Protection Regulation (GDPR).
- Click here to read our privacy policy
Article 17 – Applicable Law and Jurisdiction
- Dutch law exclusively applies to these terms and all agreements.
- Disputes will be submitted to the competent court in the district where GymBag is based, unless otherwise required by mandatory law.
Article 18 – Changes to These Terms and Conditions
- GymBag reserves the right to amend these terms.
- For significant changes, consumers with active orders will be informed.
- The most recent version is always available on our website.