General conditions

Article 1 - Definitions.

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 - Identity of the entrepreneur

Mygainz

Parallel Road 46

7102DG Winterswijk Gelderland

Reachability: we aim to answer your question within 24 hours.

E-mail address: [email protected],
www.mygainz.nl

Chamber of Commerce number: 72107030
VAT identification number: NL002366197B68

Article 3 - Applicability.

These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
If the entrepreneur uses images these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
the cost of delivery, if any;
The manner in which the agreement will be established and what actions are required for that purpose;
Whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an endurance transaction.

Article 5 - The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:a. the visiting address of the trader's office where the consumer can go with any complaints;b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;c. the information about guarantees and existing service after purchase;d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

On delivery of products:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days.
After cancellation, the consumer has another 14 days to return the product.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.When delivering services:
When services are supplied, the consumer has the option to cancel the contract without giving reasons for at least 14 days, starting from the day of entering into the contract. After cancellation, the consumer has another 14 days to return the product.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal.

The trader can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:a. that have been created by the entrepreneur according to specifications of the consumer;b. that are clearly personal in nature;c. that cannot be returned due to their nature;d. that spoil or age quickly;e. whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;f. for single newspapers and magazines;g. for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;b. the delivery of which has started with the express consent of the consumer before the expiration of the withdrawal period;c. concerning betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:a. they are the result of legal regulations or provisions; orb. the consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Mygainz guarantees the quality of its delivered items for 3 months after delivery under the following mentioned conditions, except for wear and tear from use, such as the leather, fasteners, trims, etc.

The sizes listed on the website are for indicative purposes only. No rights can be derived from them.

Warranty claims can only be made within 7 days after discovery of the defect in writing, by e-mail or by phone to Mygainz with a brief description of the defect. You will receive instructions on how to return the product. Never return the product without first consulting us. If desired, Mygainz can ask the buyer to send the product for inspection of the nature and cause of the defect. This should always be done with sufficient postage. The shipping costs will only be reimbursed by Mygainz if the defect falls under warranty. Please note that we are not liable for defects during transport. If desired, you can send the products with increased liability so that all damages can be recovered from the carrier. If conditions are met, Mygainz will repair or replace the item or reimburse the purchase price or part of it, (at Mygainz's discretion), without you having to pay the costs .The warranty, however, does not include additional costs, such as necessary facilities taken in the context of the repair or replacement.

The warranty does not apply if you have made changes to the item; there are defects caused by incorrect or improper use, such as failure to observe the accompanying instructions for use; the defect is caused by intent or gross negligence; Mygainz has not been given the opportunity (in a timely manner) to investigate the complaint and possibly repair the defect.

Article 11- Liability

The liability of Mygainz with respect to the sale and delivery of items is expressly limited to the warranty regulated under Article 10.
For all other matters, Mygainz's liability is limited to the amount of the purchase as stated on the invoice.

Article 12 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 10 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 5 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the customer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

Article 13 - Duration transactions: duration, termination and renewal

Termination

The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate them in the same way as they were entered into by him;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.Renewal
An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period of time.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 14 - Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 1 day after the start of the reflection period referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 15: Applicable law and choice of forum

1. By completing the order form on our sites, you accept these terms and conditions and further accept that they will form part of the purchase agreement between you and Mygainz.

2. Mygainz has the right to change these terms and conditions and the content of the site.

3. The purchase agreement between you and Mygainz shall be governed by Dutch law.

Article 15: Logos, Trademarks:

1. The trademarks and/or logos of Mygainz appearing on this site are registered trademarks for the Benelux and/or for the whole world and are protected by trademark law .

2. Any use of these trademarks or logos of Mygainz, without the prior and written consent of the trademark owner, constitute trademark infringement for which the infringer is liable and which, in some cases, may be subject to criminal penalties.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
As of February 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere you are free to file your complaint through the European Union platform.

Article 17 - Disputes.

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18 - Privacy statement

Mygainz considers it important that the data you provide is treated carefully and confidentially. Mygainz will not pass on the personal data provided by you to other parties, with the exception of third parties engaged in the execution of your order. When placing an order, we need your name and delivery address in order to execute the order. Your data will be used internally to inform you about, for example, changes in the assortment, offers and other relevant information about Mygainz. If you do not want this, you can let us know by sending an email to [email protected].

Article 19 - Distance buying law

Since February 1, 2001, the Distance Selling Act has been in effect. Entrepreneurs engaged in selling products or services via the Internet have to deal with this new and still often unknown law. Consumers have a stronger legal position under the Distance Selling Act when it comes to buying over the Internet, for example. For example, consumers may return purchased products within 7 days and ask for their money back. However, this does not apply to perishable goods, newspapers, magazines, goods whose nature of the item means that it cannot be exchanged and computer software (whose seal has been broken), among others. Companies must inform consumers about the product and price. The method of payment and delivery must also be known.

What is a remote agreement? A distance contract as defined by law is a purchase where the consumer and the seller have not seen each other at the time of that purchase. A distance contract exists, for example, when one orders something over the Internet or from a mail order company. The consumer cannot see the product before purchase and, if it is a service, has difficulty ascertaining the nature of the service. The supplier or service provider may be located in a different place of residence from the consumer, as well as in another country.

The law "Consumer Protection in Distance Contracts" (Bill 26 861) is the implementation of the European Directive 97/7/EC. All European Union countries must transpose this directive into national legislation. With the introduction of the directive, the European Union wants to stimulate the development of the European market. The law includes obligations for the supplier to provide consumers with timely and sufficient information in distance contracts. The consumer has a cooling-off period and the right to terminate the contract within the cooling-off period. The law provides consumers with better protection against demanding payment for items not ordered and gives more protection against aggressive sales techniques. The law also contains a provision against fraudulent use of the consumer's payment card.

Article 20 - Additional or different provisions

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 24 - Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge