Terms and Conditions

Article   1 – Definitions
Article   2 – Identity of the entrepreneur
Article   3 – Applicability
Article   4 – The offer
Article   5 – The Agreement
Article   6 – Right of withdrawal
Article   7 – Obligations of the consumer during the cooling-off period
Article   8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article   9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal.
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes.

Article 1 – Definitions.

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

Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by Bagtrainer or by a third party based on an arrangement between that third party and Bagtrainer;

Grace period: The period within which the consumer can exercise his right of withdrawal;

Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: Data produced and delivered in digital form;

Continuing Contract: An agreement that involves the regular supply of goods, services and/or digital content for a specified period of time;

Durable medium: Any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;

Right of withdrawal: The consumer’s ability to waive the distance contract within the withdrawal period;

Entrepreneur: The natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;

Distance agreement: An agreement concluded between Bagtrainer and the consumer in the context of an organized system for distance selling of products, digital content and / or services, where up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;

Model withdrawal form: the European Model Form for Withdrawal set out in Annex I to these Terms and Conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;

Technology for distance communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Entrepreneur name: Thomas Gruwez
Acting under the name(s): Bagtrainer

Branch address:
Gentpoortstraat 26
8000 Bruges
Belgium

Accessibility: https://www.bagtrainer.com
Email address: info@bagtrainer.com
Company number: 0751609745
VAT identification number: BE0751609745

Article 3 – Applicability.

1. These general conditions apply to every offer of Bagtrainer and to every distance agreement reached between entrepreneur and consumer.
2. Before the distance agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, Bagtrainer will, before the distance agreement is concluded, indicate in which way the general conditions can be inspected at Bagtrainer and that at the consumer’s request they will be sent free of charge as soon as possible.
3. 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.
4. 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 conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Bagtrainer uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind Bagtrainer.
3. 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.

Article 5 – The Agreement

1. 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.
2. If the consumer has accepted the offer electronically, Bagtrainer will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Bagtrainer, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, Bagtrainer will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Bagtrainer will observe appropriate security measures to that end.
4. Bagtrainer can – within legal frameworks – inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If Bagtrainer has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution.
5. Bagtrainer shall, at the latest upon delivery of the product, service or digital content to the consumer, include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of Bagtrainer’s establishment to which the consumer can address complaints;
7. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
8. the information on warranties and existing after-purchase service;
9. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
10. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
    
    1. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. 1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days and a maximum of 30 days without giving reasons. Bagtrainer may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
   2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
   3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Bagtrainer may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
   4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
      in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium:

1. 1. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for a minimum of 14 days and a maximum of 30 days without giving reasons. Bagtrainer may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
   2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.
   3. Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:
   4. If Bagtrainer has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
   5. If Bagtrainer has provided the information referred to in the previous paragraph to the consumer within 12 months of the effective date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

1. 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 establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if Bagtrainer did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify Bagtrainer within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it back to (an authorized representative of) Bagtrainer. This is not necessary if Bagtrainer has offered to pick up the product itself. The consumer has in any case respected the return period if he returns the product before the reflection period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Bagtrainer.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct cost of returning the product. If Bagtrainer has not notified the consumer that the consumer must bear these costs or if Bagtrainer indicates that it will bear the costs itself, the consumer does not have to bear the cost of return shipment.
6. If the consumer revokes after having first expressly requested that the performance of the service or the delivery of gas, water or electricity not made ready for sale in a limited volume or certain quantity begin during the withdrawal period, the consumer shall owe Bagtrainer an amount proportional to that part of the commitment fulfilled by Bagtrainer at the time of revocation, compared to the full fulfillment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
8. Bagtrainer has not provided the consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
9. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
10. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
11. he has not expressly agreed, prior to its delivery, to begin performance of the contract before the end of the cooling-off period;
12. he has not acknowledged losing his right of withdrawal when giving his consent; or
13. Bagtrainer failed to confirm this statement by the consumer.

If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.

Article 9 – Obligations of Bagtrainer in the event of withdrawal

1. If Bagtrainer enables the consumer’s notification of withdrawal by electronic means, it will send a confirmation of receipt without delay upon receipt of this notification.
2. Bagtrainer will refund all payments from the consumer, including any delivery costs charged by Bagtrainer for the returned product, promptly but within 14 days following the day the consumer notifies him of the withdrawal. Unless Bagtrainer offers to pick up the product itself, it may wait with refunding until it has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. Bagtrainer will use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, Bagtrainer does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal

1. Bagtrainer can exclude the following products and services from the right of withdrawal, but only if Bagtrainer has clearly stated this with the offer, at least in time for the conclusion of the agreement:
2. Products or services whose price is subject to fluctuations in the financial market over which Bagtrainer has no control and which may occur within the withdrawal period;
3. Agreements concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by Bagtrainer to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content and/or services;
4. Service agreements, after full performance of the service, but only if:
   
   1. the performance has begun with the express prior consent of the consumer; and
   2. the consumer has stated that he loses his right of withdrawal once Bagtrainer has fully performed the agreement;
   3. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
   4. Products that spoil quickly or have a limited shelf life;
   5. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
   6. Products that after delivery are by their nature irrevocably mixed with other products;
   7. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Bagtrainer has no influence;
   8. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
   9. Newspapers, magazines or journals, excluding subscriptions thereto;
   10. The provision of digital content other than on a tangible medium, but only if:
   11. the performance has begun with the express prior consent of the consumer; and
   12. the consumer has declared that he thereby forfeits his right of withdrawal.

Article 11 – The price

1. 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.
2. Notwithstanding the previous paragraph, Bagtrainer may offer products or services whose prices are subject to fluctuations in the financial market and over which Bagtrainer has no control, with variable prices. This linkage to fluctuations and the fact that any prices stated are target prices will be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if Bagtrainer has stipulated it and:
   
   1. they are the result of statutory regulations or provisions; or
   2. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – fulfillment of agreement and additional warranty

1. Bagtrainer guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed Bagtrainer also guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by Bagtrainer, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against Bagtrainer under the agreement if Bagtrainer has failed to fulfill its part of the agreement.
3. Additional warranty means any commitment by Bagtrainer, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obliged to do in the event it has failed to fulfill its part of the agreement.

Article 13 – Delivery and execution

1. Bagtrainer will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to Bagtrainer.
3. Subject to what is stated in article 4 of these general conditions, Bagtrainer will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
4. After dissolution in accordance with the previous paragraph, Bagtrainer will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Bagtrainer until the moment of delivery to the consumer or a representative previously designated and made known to Bagtrainer, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

1. 1. 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.
   2. 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 enter into the agreements mentioned in the previous paragraphs:

• • cancel at any time and not be limited to cancellation at a particular time or period;
  • terminate at least in the same manner as they were entered into by him;
  • always terminate with the same notice period as Bagtrainer has stipulated for itself.

Extension:

1. 1. A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period of time.
   2. 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.
   3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
   4. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

1. 1. 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 15 – Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never oblige the consumer to make 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.
3. The consumer has a duty to promptly report inaccuracies in payment information provided or stated to Bagtrainer.
4. If the consumer does not timely meet his payment obligation(s), the consumer will, after Bagtrainer has pointed out the late payment to the consumer and Bagtrainer has given the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, owe the legal interest on the amount due and Bagtrainer is entitled to charge the extrajudicial collection costs made by him. These collection costs shall amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. Bagtrainer can deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 – Complaint Procedure

1. Bagtrainer has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to Bagtrainer fully and clearly described within a reasonable time after the consumer has found the defects.
3. Complaints submitted to Bagtrainer will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Bagtrainer 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.
4. The consumer must give Bagtrainer at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.
5. As of Feb. 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

1. Only Dutch law applies to agreements between Bagtrainer and the consumer to which these general conditions relate.