Terms and conditions

Terns and conditions

Version 1 July 2014

These general conditions apply to all Purchase Agreements between the Seller and the Client.

Article 1. Definitions

General conditions

The present general conditions.

Article

All works in the sense of the Copyright Act 1912, of which Redbox has indicated that they may be offered by Sellers via blackboxfitness.com.

Reflection period

The period within which the Client can exercise his revocation right.

Blackboxfitness

The environment where Sellers can offer the Product to Clients.

Day

Calendar day.

Revocation right

The possibility for the Client to abandon the Purchase Agreement within the reflection period.

Client

A user of blackboxfitness.com who decides to purchase a Product through blackboxfitness.com

Purchase Agreement

The agreement concluded between the Seller and a Client as a result of the purchase of an article by a Client through blackboxfitness.com.

Environment

Blackboxfitness.com and any other application designated by Redbox BV.

Seller

Any natural or legal person affiliated with Redbox BV who remotely offers Products through blackboxfitness.com to Clients.

Redbox

The private company with limited responsibility Redbox BV¸ with seat and registered office at (6522 AN) Nijmegen, Regentessestraat 21, The Netherlands, actually exploiting Blackboxfitness.com.

Article 2. Identity of the Seller

The Seller as communicated at the specific Product.

Article 3. Applicability

3.1 These General Conditions apply to all offers of the Seller and to all Purchase Agreements concluded between the Seller and the Client.

3.2 Before a Purchase Agreement is entered into, the text of these General Conditions will be forwarded to the Client electronically in such a way that it can easily be stored by the Client on a permanent data carrier. Should this not be possible for some reason, it will be indicated before the purchase agreement is concluded, where the general conditions can be read electronically and that on request of the Client they will be forwarded free of charge electronically or otherwise. In the event that this should be impossible, the general conditions are available for inspection at the Seller’s office and on request of the Client they will be forwarded free of charge as soon as possible.

Article 4. The offer

4.1 It shall be explicitly stated in the offer if an offer is made for a limited period of time or under certain conditions. This condition also applies to credits. Credits are valid for a maximum period of 12 months from date of purchase.

4.2 The offer contains a complete and exact description of the offered article. The description shall be sufficiently detailed to allow the Client to have a good assessment of the offer. In case the Seller uses pictures they shall be a true reflection of the offered article. Obvious errors or mistakes in the offer shall not be binding to the Seller.

4.3 Each offer shall contain information to the extent that the Client knows his rights and obligations when he accepts the offer, in particular in respect of:

a. the price inclusive of taxes;

b. possible delivery costs;

c. the manner in which the Purchase Agreement is concluded and the required acts for its conclusion;

d. the applicability of the revocation right;

e. the way of payment, delivery and performance of the purchase agreement;

f. the acceptance period or the expiration period in respect of the price;

g. if the agreement after conclusion is archived, the way how the Client can view it;

h. the way how the Client, before conclusion of the Purchase Agreement can inform himself about any not wanted acts and the way how he can revoke such acts before the agreement is concluded;

i. the possible languages apart from English, in which the agreement can be concluded.

Article 5. The Purchase Agreement

5.1 The Purchase Agreement shall be concluded, subject to the provisions in section 3 of this article, when the Client accepts the offer and the conditions set forth therein.

5.2 The Seller shall forthwith electronically confirm the receipt of the acceptance of the offer. As long as the receipt of the acceptance has not been confirmed, the Client shall be entitle to dissolve the Purchase Agreement.

5.3 The Seller shall be entitled – within the legal frameworks – to inform himself as to whether the Client can meet his payment obligations and of all facts and factors important for reliably entering into the Purchase Agreement. If on the basis of this investigation the Seller has good reasons not to enter into the Purchase Agreement, he shall be legally entitled to refuse an order or application or connect special conditions with the performance thereof.

5.4 Together with the Product the Seller shall provide the Client with the following information in writing or in such a way that the Client can store the information in an accessible manner on a permanent data carrier:

a. the visiting address of the Seller where the Client can submit complaints;

b. the conditions on which and the manner in which the Client can exercise his revocation right or as the case may be a clear information about the exclusion of the revocation right;

c. the data mentioned in article 4 section 3 of these General Conditions, unless the Seller has already provided the Client with such data before the performance of the Purchase Agreement.

Article 6. Revocation right at physical delivery of the Products

6.1 In the event that Products are not electronically but physically delivered, the Client shall be entitled to terminate the Purchase Agreement within 14 workdays without giving reasons. This term commences on the day following the receipt of the Product by or on behalf of the Client.

6.2 During this term the Client shall treat the Product and the packaging carefully. He shall only unpack the Product in as far as necessary to be able to decide whether he wishes to keep the Product. In the event that he wishes to exercise his revocation right, he shall return the Product with all accessories and – in so far as reasonably possible – in its original state and packaging to the Seller in accordance with the reasonable and clear instructions of the Seller.

Article 7. Costs in case of revocation and exclusion of the revocation right.

7.1 In the event that the Client exercises his revocation right, only the costs of return shall be for his account.

7.2 If the Client has already paid an amount, the Seller shall refund this amount as soon as possible, but latest within 30 days from the return or the revocation.

7.3 The Client shall have no revocation right in respect of the Products:

a. which because of their nature cannot be returned;

b. which at delivery were stored by the Client;

c. for individual newspapers and magazines;

d. for audio and video recordings and computer software of which the seal has been broken by the Client.

Article 8. The price

8.1 During the validity term mentioned in the offer, the prices of the offered Products shall not be increased with the exception of price changes due to VAT rates.

8.2 The prices mentioned in the offer of the Products include VAT.

Article 9. Conformity

9.1 The Seller guarantees that the Products comply with the Purchase Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and usefulness and the applicable legal provisions and/or regulations on the date of signing the Purchase Agreement.

Article 10. Delivery and performance

10.1 Place of delivery shall be the (e-mail) address provided by the Client to the Seller. Redbox is not a party to the Purchase Agreement and only takes care of the delivery of the Product.

10.2 With due observance of the provisions set out in article 4 of these General Conditions, accepted orders shall be carried out by Redbox without delay.

Article 11. Payment

11.1 In so far as not otherwise agreed, the Client shall pay the due amounts immediately and prior to delivery of the Product into the account number indicated by the Seller, i.e. the bank account number of Redbox B.V.

11.2 The Client shall be obliged to immediately inform the Seller of errors in provided or stated payment data.

11.3 In case of non-payment by the Client, the Seller shall be entitled, subject to legal restrictions, to charge reasonable expenses previously communicated to the Client.

Article 12. Final provisions

12.1 This Purchase Agreement and any rights and obligations resulting from it shall exclusively be governed by Netherlands/Dutch law.

12.2 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) of 11 April 1980 is excluded.

12.3 All disputes arising from or in connection with this Purchase Agreement or further agreements resulting from it, shall be submitted to the competent court in Amsterdam.

12.4 In case of interpretation differences between the Dutch text of this Purchase Agreement and its annexes and a translation thereof, the Dutch text shall be decisive.