These terms apply to all offers, orders, and agreements of Gymfit, concerning the supply of goods and/or parts thereof, unless expressly agreed otherwise in writing. In these general terms, services are also considered as goods.
If the counterparty refers to its own general terms and conditions when entering into the agreement, we hereby explicitly reject them, unless we have expressly accepted them in writing.These terms also apply in favor of third parties who carry out the agreement in whole or in part on our behalf.
All offers, price lists, prices, and stock information of Gymfit are entirely without obligation. Images, descriptions, drawings, dimensions, weights, and technical specifications in brochures and similar materials are always non-binding and do not commit us in any way.
Sending offers and/or brochures and/or models and/or price lists does not oblige us to deliver or accept an order. If an order is not fulfilled or accepted, we will inform the counterparty as soon as possible.
The aforementioned documents remain our property at all times and must be returned upon our first request. Without our express permission, they may not be copied or shown to third parties, except where necessary for normal business operations.We reserve the right to refuse orders without stating reasons or to require cash on delivery.
Orders are only considered accepted by Gymfit when they have been confirmed in writing or when we start executing them. The confirmation date is decisive in this regard.
Any agreements or modifications, as well as (verbal) commitments by our personnel, representatives, agents, or intermediaries, are only binding if confirmed in writing.
We have the right, before or after entering into the agreement and before proceeding with performance, to require an advance payment or security from the counterparty to ensure compliance with payment and other obligations.
Unless stated otherwise, all price quotes from Gymfit are subject to price changes. Unless otherwise stated, our prices are:
If one or more cost price factors increase, we are entitled to adjust the order price accordingly, in compliance with any applicable legal regulations. Reasonably foreseeable price increases should be stated in the order confirmation, without prejudice to the counterparty’s right to terminate the agreement for this reason. If a price increase occurs within three months of concluding the agreement, the counterparty has the right to cancel the agreement, unless we are legally required to implement the price increase.
Unless agreed otherwise in writing, payment must be made in full, in cash, upon (delivery), without any discount, or by bank transfer to a bank or giro account designated by Gymfit, before the day of delivery. The value date on our bank or giro account statement is considered the payment date.
We reserve the right to require advance payment, cash payment, or security for payment at any time.
In cases where the counterparty:
Then the counterparty is automatically in default. In such cases, all our claims against the counterparty become immediately due, and we are entitled to suspend (further) performance of the agreement or to consider it dissolved, without prejudice to our right to compensation for damages, costs, and interest.
If the payment term is exceeded, the counterparty is automatically in default, and Gymfit is entitled to charge 1.5% interest per month from the invoice date, with a partial month counting as a full month.
In case of late or non-payment, the counterparty owes Gymfit all collection costs, including legal and extrajudicial costs. The extrajudicial collection costs amount to at least 15% of the outstanding amount, including interest, with a minimum of €150.
Stated delivery times are approximate and are not strict deadlines unless explicitly agreed otherwise in writing. Gymfit BV is not liable for failure to deliver on time. The counterparty has no right to compensation for late delivery.
We are obligated to adhere to delivery times as much as possible but cannot be held liable for unforeseen delays due to:
Any damages or shortages in packaging must be noted by the counterparty on the delivery note, invoice, and/or transport documents. Shortages discovered upon unpacking must be reported within eight days of delivery.
Unless otherwise agreed, delivery takes place from our warehouse or storage location, with all risks transferring to the counterparty upon delivery.
The method of transport, shipment, and packaging is determined by Gymfit, unless otherwise instructed by the counterparty. Specific transport requests will only be accommodated if the counterparty agrees to cover additional costs.
Once a signed receipt has been received by Gymfit from the counterparty or their representative, the shipment is considered fully delivered.
Return shipping costs for repairs or returns are always at the customer’s expense.
Complaints must be submitted in writing within eight days of delivery, citing the packing slip/invoice number and detailing the nature of the complaint. After this period, the counterparty is deemed to have accepted the delivery.
Defects that become apparent during use must be reported within eight days of discovery, but no later than two months after the invoice date.
Complaints will not be processed if the counterparty or third parties have modified the goods without our consent.
All warranties provided by Gymfit BV are strictly personal and non-transferable.
Our guarantee means that we will, at our expense, repair errors up to the end date of the guarantee period or, at our sole discretion, take back the delivered goods in whole or in part and replace them with new goods. We are never obliged to reimburse costs that exceed the original value of the goods that have been found to be defective in and/or with the agreement. If we replace in order to meet our guarantee obligation, the replaced (parts of) goods become our property.
Ownership of the goods will only transfer to the counterparty upon full payment of all claims by Gymfit as compensation for goods delivered or to be delivered by and/or on behalf of and/or at the expense of us to the counterparty under an agreement, as well as for any failure to comply with such an agreement. The counterparty is not entitled to transfer, pledge, loan, or remove the goods from the premises where they were delivered until the full purchase price and any additional costs have been paid in full, except where necessary in the course of normal business operations.
In the event of non-payment of a due amount, suspension of payment, moratorium, bankruptcy, placement under guardianship, liquidation of the counterparty, or death, we shall have the right to cancel the order or any undelivered part thereof without judicial intervention and reclaim the delivered but unpaid or partially unpaid goods as our property, offsetting any payments already made and without prejudice to our right to claim compensation for any loss or damage. In such cases, any claim we have against the counterparty will become immediately due and payable.
A force majeure situation refers to a shortcoming that is not attributable to the fault of Gymfit and that is not our responsibility by law, legal act, or generally accepted standards. Causes of force majeure include strikes, lockouts, (declaration of a state of) war or siege, mobilization, riots, fire, transport difficulties, external weather conditions, government measures preventing or hindering the execution of the agreement (including import and export bans, quotas), business disruptions at our suppliers, as well as non-performance by our suppliers preventing us from fulfilling our obligations to the counterparty, and all other circumstances beyond our control that make execution of the agreement difficult or impossible.
In the event of force majeure, we have the right to agree on a term with the counterparty within which performance can still take place. If performance is no longer possible, both parties have the right to consider the agreement dissolved. In such cases, they must notify the other party in writing; neither party is entitled to compensation unless mandatory legal provisions dictate otherwise.
We are entitled to demand payment for services performed under the relevant agreement before a force majeure situation becomes apparent.
Except where Gymfit is liable under mandatory legal provisions and general principles of reasonableness and fairness, our liability is limited to the warranty obligations stated in Article 10. We are therefore not liable for and are never obliged to compensate for any direct or indirect damages of any kind, including business damage to movable or immovable property or persons, suffered by the counterparty or third parties due to defects in sold and delivered goods. Nor are we obliged to repair defects resulting from natural wear and tear, improper or incorrect handling, and/or excessive use.
We are not liable for damage caused by the use of the delivered goods or their unsuitability for the purpose for which the counterparty purchased them.
We are not liable for damage resulting from errors or omissions by third parties tasked by us with the delivery of materials.
The counterparty indemnifies us against all claims from third parties regarding goods delivered by us, unless it is legally established that these claims are a direct result of gross negligence on our part and the counterparty can also demonstrate that they bear no responsibility in the matter.
All offers and agreements of Gymfit and their execution are governed by Dutch law.
All disputes, including those which only one of the parties considers as such, arising from or related to the agreement to which these conditions apply, or the relevant conditions themselves, their interpretation, or execution, whether of a factual or legal nature, will be decided by the Civil Court competent within the jurisdiction of Gymfit’s registered office, to the extent permitted by law, unless the counterparty requests in writing within one month after we have invoked this provision that the dispute be settled by the legally competent court.
Gymfit is never liable for any damage—including theft or loss—that occurs to the packaging or product during return shipment.
The exchange of products that are clearly of a personal nature is not possible.
The exchange of products that are specifically ordered or manufactured by Gymfit at the request of the buyer or produced according to the specifications of the buyer is not possible.
If the product is not received in accordance with the conditions, the purchase amount will not be refunded. The product remains the property of the buyer, who is required to collect their property within two weeks. Upon request, the product can also be delivered.
For orders, we require a 50% reservation fee to reserve the product for ordering/production/security of purchase. In case of cancellation, the 50% reservation fee will be converted into cancellation costs. Customized machines cannot be canceled.
Customized machines are not subject to withdrawal rights.
There is always an opportunity to view and test the machines before purchase; if you choose not to do so, the right of withdrawal lapses.
First Name*
Last Name*
E-mail*
Phone no.
Inquiry for Product
Message*