Terms and Conditions

Definitions

1.   GlutesPop
Activewear: GlutesPop, established in The Hague, Chamber of Commerce
no. 84801484.

2.  
Customer: the party which GlutesPop Activewear has
entered into an agreement with.

3.  
Parties: GlutesPop Activewear and customer
together.

4.   Consumer: a
customer who is an individual acting for private purposes.

Applicability

1.   These terms and
conditions will apply to all quotations, offers, activities, orders, agreements
and deliveries of services or products by or on behalf of GlutesPop
Activewear. 

2.  
Parties can only deviate from these conditions if they have
explicitly agreed upon in writing.

3.   The parties
expressly exclude the applicability of supplementary and/or deviating general
terms and conditions of the customer or of third parties.

Prices

1.   All prices used
by GlutesPop Activewear are in euros, are inclusive of VAT
and exclusive of any other costs such as administration costs, levies and
travel-, shipping- or transport expenses, unless expressly stated otherwise or
agreed otherwise.

2.  
GlutesPop Activewear is entitled to adjust all prices
for its products or services, shown in its shop, on its website or otherwise,
at any time. 

3.  
Increases in the cost prices of products or parts thereof,
which GlutesPop Activewear could not foresee at the time of making an
offer or the conclusion of the agreement, may give rise to price
increases. 

4.   The consumer has
the right to terminate an agreement as a result of a price increase as referred
to in paragraph 3, unless the increase is the result of statutory regulation.

Samples / models 

If the customer has
received a sample or model of a product, he cannot derive any rights from this
other than that it is an indication of the nature of the product, unless the
parties have explicitly agreed that the products be supplied conform to the
sample or model.


Consent to receive emails to review their order

When an order is placed by the customer, he or she gives consent to receive emails to review their order. It is also possible that one reminder email is send to the customer to remind him or her to place a review.



Payments and payment term

1.   GlutesPop
Activewear may, at the conclusion of the agreement, require a down payment
of up to 50% of the agreed amount. 

2.  
The customer must have paid the full amount
within 31 days, after delivery.

3.  
Payment terms are considered as fatal payment terms. This
means that if the customer has not paid the agreed amount at the latest on the
last day of the payment term, he is legally in default, without GlutesPop
Activewear having to send the customer a reminder or to put him in
default. 

4.   GlutesPop
Activewear reserves the right to make a delivery conditional upon
immediate payment or to require adequate security for the total amount of the
services or products.

Consequences of late payment

1.   If the customer
does not pay within the agreed term, GlutesPop Activewear is entitled
to charge an interest of 2% per month for non-commercial
transactions from the day the customer is in default, whereby a part
of a month is counted for a whole month.

2.  
When the customer is in default, he is also due to
extrajudicial collection costs and may be obliged to pay any compensation
to GlutesPop Activewear. 

3.  
The collection costs are calculated on the basis of the
Reimbursement for extrajudicial collection costs. 

4.  
If the customer does not pay on time, GlutesPop
Activewear may suspend its obligations until the customer has met his
payment obligation. 

5.  
In the event of liquidation, bankruptcy, attachment or
suspension of payment on behalf of the customer, the claims of GlutesPop
Activewear on the customer are immediately due and payable. 

6.   If the customer
refuses to cooperate with the performance of the agreement by GlutesPop
Activewear, he is still obliged to pay the agreed price to GlutesPop
Activewear. 

Right of recovery of goods 

1.   As soon as the
customer is in default, GlutesPop Activewear is entitled to invoke
the right of recovery with regard to the unpaid products delivered to the
customer.

2.  
GlutesPop Activewear invokes the right of recovery by
means of a written or electronic announcement.

3.  
As soon as the customer has been informed of the claimed
right of recovery, the customer must immediately return the products concerned
to GlutesPop Activewear, unless the parties agree to make other
arrangements about this. 

4.   The costs for the
collection or return of the products are at the expense of the customer.

Right of withdrawal 

1.   A consumer may
cancel an online purchase during a cooling-off period of 14 days without giving
any reason, provided that:

·     
the product has not been used

·     
it is not a product that can spoil quickly, like food or
flowers

·     
the product is not specially tailored for the consumer or
adapted to its special needs

·     
it is not a product that may not be returned for hygienic
reasons (underwear, swimwear, etc.)

·     
the seal is still intact, when the product is a data
carrier with digital content (DVDs, CDs, etc.)

·     
the product is not a (holiday)trip, a transportation
ticket, a catering order or a form of leisure activity,

·     
the product is not a separate magazine or a loose newspaper

·     
the consumer has not renounced his right of withdrawal

2.   The
cooling-off period of 14 days as referred to in paragraph 1 commences:

o 
on the day after the consumer has received the last product
or part of 1 order

o 
as soon as the consumer has received the first the product
of a subscription

o 
as soon as the consumer has confirmed the purchase of
digital content via the internet

3.  
The consumer can notify his right of withdrawal
via info@glutespop.com, if desired by using the withdrawal form that can
be downloaded via the website of GlutesPop Activewear, glutespop.com.

4.   The consumer is
obliged to return the product to GlutesPop Activewear within 14 days
after the notification of his right of withdrawal, after which period his right
of withdrawal will lapse. 

Reimbursement
of delivery costs

1.  
If the purchase costs and any other costs (such as shipping
and return costs) are eligible for reimbursement according to the law, GlutesPop
Activewear will refund these costs to the consumer within 14 days of
receipt of the timely appeal to the right of withdrawal, provided that the
consumer has returned the product to GlutesPop Activewear in time.
 

2.   The costs for
return are only reimbursed by GlutesPop Activewear if the complete
order is returned.

Reimbursement
of return costs

If the
consumer invokes his right of withdrawal and returns the entire order on time,
the costs for returning the complete order will be borne by the
consumer.  

Suspension of obligations by the customer

The customer waives
the right to suspend the fulfillment of any obligation arising from this
agreement.

Right of retention 

1.   GlutesPop
Activewear can appeal to his right of retention of title and in that case
retain the products sold by GlutesPop Activewear to the customer
until the customer has paid all outstanding invoices with regard
to GlutesPop Activewear, unless the customer has provided sufficient
security for these payments. 

2.  
The right of retention of title also applies on the basis
of previous agreements from which the customer still owes payments
to GlutesPop Activewear.

3.   GlutesPop
Activewear is never liable for any damage that the customer may suffer as
a result of using his right of retention of title.

Settlement 

The customer waives
his right to settle any debt to GlutesPop Activewear with any claim
on GlutesPop Activewear.

Retention of title 

1.   GlutesPop
Activewear remains the owner of all delivered products until the customer
has fully complied with all its payment obligations with regard
to GlutesPop Activewear under whatever agreement with GlutesPop
Activewear including of claims regarding the shortcomings in the
performance.

2.  
Until then, GlutesPop Activewear can invoke its
retention of title and take back the goods. 

3.  
Before the property is transferred to the customer, the
customer may not pledge, sell, dispose of or otherwise encumber the
products. 

4.   If GlutesPop
Activewear invokes its retention of title, the agreement will be dissolved
and GlutesPop Activewear has the right to claim compensation, lost
profits and interest.

Delivery 

1.   Delivery takes
place while stocks last.

2.  
Delivery takes place at GlutesPop
Activewear unless the parties have agreed upon otherwise.

3.  
Delivery of products ordered online takes place at the
address indicated by the customer. 

4.  
If the agreed price is not paid on time, GlutesPop
Activewear has the right to suspend its obligations until the agreed price
is fully paid. 

5.   In the event of
late payment, the customer is automatically in default, and hereby he cannot
object to late delivery by GlutesPop Activewear.

Delivery period

1.   Any delivery period
specified by GlutesPop Activewear is indicative and does not give the
customer the right to dissolution or compensation if this period is not met
with, unless the parties have expressly agreed otherwise in writing.

2.  
The delivery starts once the customer has fully completed
the (electronic) ordering process and received an (electronic) confirmation of
his order from GlutesPop Activewear. 

3.   Exceeding the
specified delivery period does not entitle the customer to compensation or the
right to terminate the contract, unless GlutesPop Activewear cannot
deliver within 14 days after the customer has urged him to do so in
writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must
ensure that the actual delivery of the products ordered by him can take place
in time.

Transport costs 

Transport costs are
paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

1.   If the package of a
delivered product is opened or damaged, the customer must have a note drawn up
by the forwarder or delivery person before receiving the product. In the
absence of which GlutesPop Activewear may not be held liable for any
damage.

2.   If the customer
himself takes care of the transport of a product, he must report any visible
damage to products or the packaging prior to the transport to GlutesPop
Activewear, failing which GlutesPop Activewear cannot be held liable
for any damage.

Insurance

Storage 

1.   If the customer
orders products later than the agreed delivery date, the risk of any quality
loss is entirely for the customer.

2.   Any extra costs as
a result of premature or late purchase of products are entirely at the customer’s
expense.

Guarantee

1.  
The warranty relating to products only applies to defects
caused by faulty manufacture, construction or material. 

2.  
The warranty does not apply in the event of normal wear and
tear and damage resulting from accidents, changes made to the product,
negligence or improper use by the customer, or when the cause of the defect
cannot clearly be established.

3.   The risk of loss,
damage or theft of the products that are the subject of an agreement between
the parties, will pass on to the customer when these products are legally
and/or factually delivered, at least are in the power of the customer or of a
third party who receives the product for the benefit of the customer.

Indemnity

The customer
indemnifies GlutesPop Activewear against all third-party claims that
are related to the products and/or services supplied by GlutesPop
Activewear. 

Complaints

1.   The customer must
examine a product or service provided by GlutesPop Activewear as soon
as possible for possible shortcomings.

2.  
If a delivered product or service does not comply with what
the customer could reasonably expect from the agreement, the customer must
inform GlutesPop Activewear of this as soon as possible, but in any
case within 1 month after the discovery of the shortcomings. 

3.  
Consumers must inform GlutesPop Activewear of
this within two months after detection of the shortcomings.

4.  
The customer gives a detailed description as possible of
the shortcomings, so that GlutesPop Activewear is able to respond
adequately. 

5.  
The customer must demonstrate that the complaint relates to
an agreement between the parties.

6.   If a complaint
relates to ongoing work, this can in any case not lead to GlutesPop
Activewear being forced to perform other work than has been agreed.
 

Giving notice

1.   The customer must
provide any notice of default to GlutesPop Activewear in writing.

2.   It is the
responsibility of the customer that a notice of default actually
reaches GlutesPop Activewear (in time). 

Joint and several Client liabilities

If GlutesPop
Activewear enters into an agreement with several customers, each of them
shall be jointly and severally liable for the full amounts due
to GlutesPop Activewear under that agreement. 

Liability of GlutesPop Activewear

1.   GlutesPop
Activewear is only liable for any damage the customer suffers if and
insofar as this damage is caused by intent or gross negligence. 

2.  
If GlutesPop Activewear is liable for any damage,
it is only liable for direct damages that results from or is related to the
execution of an agreement.

3.  
GlutesPop Activewear is never liable for indirect
damages, such as consequential loss, lost profit, lost savings or damage to
third parties.

4.  
If GlutesPop Activewear is liable, its liability
is limited to the amount paid by a closed (professional) liability insurance
and in the absence of (full) payment by an insurance company of the damages the
amount of the liability is limited to the (part of the) invoice to which the
liability relates.

5.   All images, photos,
colors, drawings, descriptions on the website or in a catalog are only
indicative and are only approximate and cannot lead to any compensation and/or
(partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the
customer to compensation from GlutesPop Activewear shall, in any
case, expire within 12 months after the event from which the liability arises
directly or indirectly. This does not exclude the provisions in article 6:89
Dutch Civil Code.

Dissolution

1.   The customer has
the right to dissolve the agreement if GlutesPop Activewear imputably
fails in the fulfillment of his obligations, unless this shortcoming does not
justify termination due to its special nature or because it is of minor
significance. 

2.  
If the fulfillment of the obligations by GlutesPop
Activewear is not permanent or temporarily impossible, dissolution can
only take place after GlutesPop Activewear is in default. 

3.   GlutesPop
Activewear has the right to dissolve the agreement with the customer, if
the customer does not fully or timely fulfill his obligations under the
agreement, or if circumstances give GlutesPop Activewear good grounds
to fear that the customer will not be able to fulfill his obligations
properly. 

Force majeure

1.   In addition to the
provisions of article 6:75 Dutch Civil Code, a shortcoming of GlutesPop
Activewear in the fulfillment of any obligation to the customer cannot be
attributed to GlutesPop Activewear in any situation independent of
the will of GlutesPop Activewear, when the fulfillment of its obligations
towards the customer is prevented in whole or in part or when the fulfillment
of its obligations cannot reasonably be required from GlutesPop
Activewear . 

2.  
The force majeure situation referred to in paragraph 1 is
also applicable – but not limited to: state of emergency (such as civil war,
insurrection, riots, natural disasters, etc.); defaults and force majeure of
suppliers, deliverymen or other third parties; unexpected disturbances of
power, electricity, internet, computer or telecoms; computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and
work stoppages. 

3.  
If a situation of force majeure arises as a result of
which GlutesPop Activewear cannot fulfill one or more obligations
towards the customer, these obligations will be suspended until GlutesPop
Activewear can comply with it. 

4.  
From the moment that a force majeure situation has lasted
at least 30 calendar days, both parties may dissolve the agreement in writing
in whole or in part. 

5.   GlutesPop
Activewear does not owe any (damage) compensation in a situation of force
majeure, even if it has obtained any advantages as a result of the force
majeure situation.

Modification of the agreement

If, after the
conclusion of the agreement and before its implementation, it appears necessary
to change or supplement its contents, the parties shall timely and in mutual
consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

1.   GlutesPop
Activewear is entitled to amend or supplement these general terms and
conditions. 

2.  
Changes of minor importance can be made at any time. 

3.  
Major changes in content will be discussed
by GlutesPop Activewear with the customer in advance as much as
possible.

4.   Consumers are
entitled to cancel the agreement in the event of a substantial change to the
general terms and conditions. 

Transfer of rights

1.   The customer cannot
transfer its rights deferring from an agreement with GlutesPop
Activewear to third parties without the prior written consent
of GlutesPop Activewear. 

2.   This provision
applies as a clause with a property law effect as referred to in Section 3:83
(2) Dutch Civil Code. 

Consequences of nullity or annullability

1.   If one or more
provisions of these general terms and conditions prove null or annullable, this
will not affect the other provisions of these terms and conditions. 

2.   A provision that is
null or annullable shall, in that case, be replaced by a provision that comes
closest to what GlutesPop Activewear had in mind when drafting the
conditions on that issue.

Applicable law and competent court

1.   Dutch law is
exclusively applicable to all agreements between the parties. 

2.   The Dutch court in
the district where GlutesPop Activewear is established is exclusively
competent in case of any disputes between parties, unless the law prescribes
otherwise.
 

Drawn up on 21
januari 2022.  

Join Waitlist We will inform you when the product arrives in stock. Please leave your valid email address below.
Wishlist 0
Continue Shopping
    0
    Your Cart
    Your cart is emptyReturn to Shop
      Calculate Shipping
      Apply Coupon
      Verified by MonsterInsights