General Terms and Conditions

1. Identity of the seller

The ordering and sale of products via this website are offered to you by:

Fitcorp BV (trade name Fitnessdepot)
Registered office: Ter Stratenweg 21 bus C, 2520 Ranst, Belgium
Showroom: Ter Stratenweg 21C, 2520 Ranst, Belgium
Warehouse: Ter Stratenweg 44D, 2520 Ranst, Belgium
Company number / VAT: BE 1006.215.642
RPM Antwerp, Antwerp division
Email: info@fitnessdepot.be
Telephone: +32 3 808 90 30

Hereinafter referred to as "the seller", "we" or "Fitnessdepot".

2. Application and acceptance

2.1 "Buyer" means any natural person or legal entity that purchases one or more products via the webshop. "Consumer" means any natural person acting for purposes outside their trade, business, craft or profession.

2.2 These terms and conditions apply to all offers and agreements concluded via the webshop, to the exclusion of all other terms and conditions, unless explicitly agreed otherwise in writing.

2.3 By placing an order, the buyer confirms that they have read and accepted these terms and conditions.

2.4 If one or more provisions of these terms and conditions are declared null or unenforceable, the remaining provisions shall remain fully in force. The void provision shall be replaced by a valid provision that closely approximates the original intent.

3. Formation of the agreement

3.1 After placing an order, the buyer will automatically receive an acknowledgment of receipt by email. This merely confirms that the order has reached us and does not constitute acceptance of the offer.

3.2 The sales agreement is concluded at the moment Fitnessdepot explicitly accepts the order by means of an order confirmation by email.

3.3 Fitnessdepot reserves the right to refuse or cancel an order in whole or in part, including in the event of:

• manifest pricing, system or technical errors;
• incorrect or incomplete product information;
• stock issues or discontinuation by the supplier;
• suspicion of fraud or abuse;
• outstanding invoices in the buyer's name.

In the event of refusal or cancellation, any amounts already paid will be fully refunded within 14 days, without Fitnessdepot being liable for any damages.

4. Manifest errors

Fitnessdepot is not bound by manifest material, technical or system errors on the website, including incorrect prices, discounts, promotions or conditions that can reasonably be considered a mistake. Such errors may be corrected at any time. If an order is affected by this, we will notify the buyer as soon as possible and the order can be cancelled free of charge, or, with the buyer's agreement, executed under the correct conditions.

5. Prices and shipping costs

5.1 All prices on the webshop are stated in euros and including VAT. We deliver in Belgium, the Netherlands and Luxembourg. For order amounts of € 199 and above, delivery is free; shipping costs are then included in the sales price. If the order amount is below that, we charge € 9.99 for delivery. Gym flooring tiles and their components are dispatched per pallet and follow a separate arrangement: delivery is free for order amounts of € 425 and above, below that we charge € 75. The delivery cost is shown at checkout before you confirm the order.

5.2 Any additional services (e.g., assembly, upper floor delivery, delivery outside the standard delivery area) are stated and charged separately, and only with the buyer's explicit agreement.

5.3 Fitnessdepot may change its prices at any time. However, products will always be invoiced at the rates that applied at the time of order confirmation. The price owed is the one stated in the order confirmation.

5.4 The products remain the property of Fitnessdepot until the price has been paid in full and definitively. The risk transfers to the consumer at the moment they, or a third party designated by them, physically take possession of the product.

6. Payment

6.1 Payment is made via the payment methods offered on the webshop. Fitnessdepot makes every reasonable effort to ensure the security of the payment process, but cannot be held liable for damage resulting from unsafe, incorrect, or negligent use of the webshop by the buyer themselves, nor for damage caused by third parties who misuse the website or the payment system, except in cases of gross negligence or intentional misconduct on the part of Fitnessdepot, its appointees, or agents.

6.2 Late payment by a consumer. If a consumer defaults, they will first be sent a free first reminder. Only after a period of 14 calendar days has elapsed (calculated from the third working day after dispatch, or from the calendar day following dispatch in the case of electronic dispatch) shall late-payment interest and a fixed compensation fee be owed, within the limits of Article XIX.4 of the Belgian Economic Law Code (WER):

• € 20 if the balance due is less than or equal to € 150;
• € 30 + 10% of the amount due on the bracket between € 150.01 and € 500;
• € 65 + 5% of the amount due on the bracket above € 500, up to a maximum of € 2,000.

The late-payment interest is limited to the reference interest rate increased by 8 percentage points (Late Payment Act).

6.3 Late payment by a business (B2B). If a buyer who is not a consumer defaults, they shall owe late-payment interest of 1% per month by operation of law and without prior notice of default, as well as a fixed compensation fee of 10% of the invoice amount with a minimum of € 50.00.

7. Delivery

7.1 Products are delivered to the address provided when placing the order, unless collection was selected.

7.2 We strive to deliver within the timeframe stated on the product page or in the order confirmation. The buyer undertakes to take delivery of the products within the delivery period.

7.3 In the absence of an agreed timeframe, Fitnessdepot shall deliver no later than 30 days after the conclusion of the agreement. If delivery is not made on time, the consumer may grant an additional reasonable period. If delivery is not made within that period either, the consumer has the right to terminate the agreement, after which all amounts paid shall be promptly refunded.

7.4 The buyer must inspect the goods upon receipt. Visible transport damage or missing parts must be reported via info@fitnessdepot.be within 3 working days of delivery, preferably with photos.

8. Right of withdrawal (distance selling to consumers)

8.1 This article applies exclusively to consumers within the meaning of Article 2 of these terms and conditions. Buyers acting in the course of their professional activity do not have a right of withdrawal.

8.2 The consumer has the right to withdraw from the contract within 14 calendar days without giving any reason and without incurring any penalty. This period expires 14 days after the day on which the consumer, or a third party designated by them, takes physical possession of the goods. For an order involving multiple goods delivered separately, the period runs from the receipt of the last good.

8.3 To exercise the right of withdrawal, the consumer must inform Fitnessdepot of their decision before the expiry of the period via an unequivocal statement (e.g., by email or post). They may use the attached model form for this purpose, but it is not obligatory.

8.4 If Fitnessdepot has failed to fulfill its information obligation regarding the right of withdrawal, the period shall be extended to 12 months following the expiry of the original period, in accordance with Article VI.49 of the Belgian Economic Law Code (WER).

8.5 Return. The consumer must return the goods or hand them over within 14 days of notifying their withdrawal to:

Fitcorp BV
Magazijn, Ter Stratenweg 44D
2520 Ranst, België

8.6 Costs. The direct costs of returning the goods shall be borne by the consumer. For heavy or bulky goods that cannot be sent by standard mail, these costs are estimated at a maximum of € 150, depending on the product and the collection address.

8.7 Condition of the goods. The consumer may handle and inspect the product as would be permitted in a store. They are solely liable for any depreciation in value resulting from handling that goes beyond what is necessary to establish the nature, characteristics, and functioning of the product. Fitnessdepot may deduct such depreciation from the amount to be refunded. Returning the product in its original packaging is strongly recommended, but is not a condition for exercising the right of withdrawal.

8.8 Refund. Fitnessdepot shall refund all payments received from the consumer within 14 days of the day on which it is informed of the decision to withdraw, using the same payment method as the consumer used for the initial transaction, unless agreed otherwise. Fitnessdepot may withhold the refund until it has received the goods back, or until the consumer has supplied evidence of having sent them back, whichever is the earliest.

8.9 Exceptions. In accordance with Article VI.53 of the Belgian Economic Law Code, the right of withdrawal does not apply to, among other things:

• goods manufactured to the consumer's specifications or clearly personalized (e.g. custom racks, personalized upholstery or lettering);
• goods that, by their nature, are inextricably mixed with other items after delivery;
• sealed goods that are not suitable for return for health protection or hygiene reasons and of which the seal has been broken after delivery;
• sealed audio or video recordings and computer software of which the seal has been broken;
• services fully performed with the express prior consent of the consumer and their acknowledgment that they lose their right of withdrawal.

9. Legal guarantee and conformity

9.1 The consumer benefits from the legal conformity guarantee of 2 years from delivery, in accordance with Articles 1649bis et seq. of the Civil Code and Book VI of the Belgian Economic Law Code. Throughout the entire 2-year period, any defect that manifests itself is presumed to have existed at the time of delivery, unless Fitnessdepot proves otherwise.

9.2 In the event of a lack of conformity, the consumer is entitled to repair or replacement. If this is impossible or disproportionate, they may request an appropriate price reduction or cancellation of the agreement.

9.3 The consumer must report the defect within a reasonable time after discovery, via info@fitnessdepot.be.

9.4 The guarantee does not cover normal wear and tear, damage caused by incorrect assembly, improper or abusive use, lack of maintenance, or use in a commercial environment of products intended exclusively for home use, unless stated otherwise in the product information.

9.5 Some manufacturers also offer a commercial guarantee. This is in addition to and does not affect the legal guarantee. Its conditions are stated with the product in question.

9.6 For buyers who are not consumers, the guarantee conditions of the relevant manufacturer apply.

10. Force majeure

Fitnessdepot is not liable for delay or non-performance resulting from circumstances beyond its reasonable control, including strikes, transport disruptions, fire, flood, pandemic, supplier failures or government measures. In such cases, obligations are suspended for the duration of the force majeure. If this lasts longer than 60 days, either party may terminate the agreement free of charge.

11. Privacy

Fitnessdepot processes personal data in accordance with the General Data Protection Regulation (GDPR). More information can be found in our privacy policy.

12. Complaints and dispute settlement

12.1 Complaints can be sent to info@fitnessdepot.be. We strive to respond to every complaint within 7 working days.

12.2 If you cannot reach a solution with us, you can as a consumer turn free of charge to the Consumer Mediation Service, Koning Albert II-laan 8 bus 1, 1000 Brussels, www.consumentenombudsdienst.be.

13. Applicable law and competent court

13.1 All agreements are governed by Belgian law.

13.2 Disputes with a consumer shall be settled by the courts competent in accordance with Article 624 of the Judicial Code, including the court of the consumer's place of residence.

13.3 Disputes with a buyer who is not a consumer fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division.

14. Special conditions

14.1 In addition to these general terms and conditions, specific conditions may apply to certain products, services, deliveries, installations, maintenance contracts, Service Level Agreements (SLAs), promotions, or other specific services.

These specific conditions form an integral part of the agreement between the parties and must be read together with the general terms and conditions as a single contractual whole.

Unless explicitly stipulated otherwise, the acceptance of these general terms and conditions automatically and unconditionally entails the acceptance of the applicable specific conditions made available by Fitcorp BV or referred to in the quotation, order confirmation, agreement, invoice, or other contractual documents.

In the event of a contradiction between the general terms and conditions and the specific conditions, the specific conditions shall prevail for the matters they specifically regulate. For all other matters, the general terms and conditions shall remain fully applicable.

The customer acknowledges having had sufficient opportunity to review both the general and the applicable specific terms and conditions and accepts their content in full.