Terms and Conditions

General Terms and Conditions Ballinfit Gym B.V.

E-mail: info@ballinfit.nl
Website: www.ballinfit.nl



When signing up for a subscription with us, you automatically agree to the general terms and conditions and confirm that you are aware of, consent to and will comply with the general terms and conditions and the house rules of Ballinfit Gym B.V. These terms and rules can be consulted at www.ballinfit.nl and are also available at the reception desk at Ballinfit Gym B.V. The terms and conditions will come into effect on March 1, 2024, and apply to all subscriptions taken out from that date.


Article 1 – Definitions
1. Ballinfit Gym B.V.: Ballinfit Gym B.V., located in Amsterdam, Chamber of Commerce number: 89354958.
2. Member or client: the person who has entered into an agreement with Ballinfit Gym B.V.
3. Parties: Ballinfit Gym B.V. and member or client together.
4. Consumer: a member or client who is also an individual and who acts as a natural person.
Article 2 - Applicability
1. These terms apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Ballinfit Gym B.V.
2. Ballinfit Gym B.V. and the member can only deviate from these conditions if this has been agreed upon in writing.
3. Ballinfit Gym B.V. and the member expressly exclude the applicability of the general terms and conditions of the member or others.
Article 3 - Fees
1. All membership types have their own package and terms, which can be found on the website or in the club.
2. Ballinfit Gym B.V. uses prices in euros, including VAT and excluding any other costs such as administrative or shipping fees, unless otherwise agreed upon in writing.
3. Ballinfit Gym B.V. reserves the right to change the prices of its services and products on its website and in other communications at any time.
4. Ballinfit Gym B.V. and member agree on a total amount as an indicative price for services provided Ballinfit Gym B.V., unless otherwise agreed upon writing.
5. Ballinfit Gym B.V. may adjust prices annually.
6. Ballinfit Gym B.V. will notify the member of price adjustments prior to their implementation.
7. Once per year, on January 1st, we may increase our rates by a maximum of 5%. If we choose to do so, this does not entitle you to terminate the agreement, unless the rate increase occurs within three months after the conclusion of the agreement or exceeds 5%. Rate adjustments due to government measures may be implemented immediately regardless of the amount and do not entitle you to terminate the agreement.

Article 4 – Becoming a member
1. To become a member at Ballinfit Gym B.V., there are two options available: through the website by filling out the online registration form or by sending an email to: ledenadministratie@ballinfit.nl, or in the club by filling out the registration form at the reception desk.
2. When registering, you reserve the right to terminate the agreement within 14 calendar days after your registration date without giving any reason by sending an email to: ledenadministratie@ballinfit.nl







Article 5 – Right to withdraw
If you decide to cancel the membership within the 14 calendar days cancelation period and have not used the membership during this period, the cancellation is free of charge. If the membership has been used during this period, Ballinfit Gym B.V. reserves the right to charge proportional costs for the membership (from the activation of the membership until the day of cancellation, including any registration fee). Within 14 days of receiving your request for cancellation, the money will be refunded via the same payment method as the original payment.

Article 6 – Membership and Term
1. During registration you indicate which package you wish to choose. All packages are available for a minimum period of 1 year, with automatic renewal indefinitely after the first year and payment every 4 months.
2. If you modify your package online, you have the right to cancel this, without giving any reason within 14 days of the change date, as described in the article. In this case, the modification will be canceled and your original membership will remain valid until the end of the original contract (and extensions, if any).
3. When changing the package, the start date of the contract becomes the registration date for the new package.

Article 7 – Rates and Payments
1. When entering a membership at Ballinfit Gym B.V., registration fees may be charged. These registration fees may vary depending on the membership type, especially in the case of promotions. If you terminate your membership and wish to become a member again, a new registration fee will be due.
2. When entering a membership, you are required to pay membership fees from the moment of registration. Additionally, the SEPA direct debit authorization comes into effect from that moment. All membership fees must be paid in advance and are due.
3. If for any reason the direct debit is unsuccessful (for example, duet to reversal, insufficient funds, etc.) the direct debit will be resent to your bank. In case of non-compliance with the payment obligation, access may be denied until the payment obligation is fulfilled.
4. If you fail to meet your payment obligation even after a formal notice of default, you will be in default. At that point, we reserve the right to assign the claim to a debt collection agency. We also reserve the right to terminate the agreement upon the expiration of the contract term.

Article 8 – Opening Hours
1. Ballinfit Gym B.V. shall specify the opening hours for each of its clubs. I may occur that different opening hours apply under special circumstances, such as holidays, in case of severe events, or disasters. In some cases, it may be necessary to temporarily close the sports club, for example, for maintenance work.
2. Ballinfit Gym B.V. reserves the right to change the opening hours of the sports club (or parts thereof) temporarily or permanently if there are objective reasons to do so. In the case of a permanent change, Ballinfit Gym B.V. has the authority to do so unilaterally, if it is of minor importance compared to the total deviation of up to two hours earlier or later opening and/or closing times will be considered in any case.

Article 9 – Amendment of Group classes
We aim continuously keep our class offering up to date. This implies that we regularly adjust the content of classes, the types of classes, and the class schedule. These adjustments may apply to both virtual classes and live group classes with a trainer. It may occasionally occur that a live group class with a trainer is canceled.

Article 10 – Relocation or Medical Incapacity
1. In the event of relocation, we offer you the option to terminate your agreement prematurely, with a notice period of 30 days. This period begins upon receipt of your termination notice. In this case, we request you to provide proof of your new address by submitting a copy of your registration with your municipality, which must not be older than 3 months.
2. In case of medical incapacity, it is possible to suspend your membership. Suspension can only occur upon receipt of a valid medical certificate indicating that you are temporarily unable to engage in fitness activities:
a.The suspension takes effect from the day of receipt by Ballinfit Gym B.V. and not retroactively.





b. The suspension is always for a specific duration and ends on the prescribed date in the medical certificate.
c. The duration of the agreement is proportionally extended by the suspension period.
d. A one-time administrative fee of EUR 25,- is required for the processing of the suspension.
3. If you provide a medical certificate indicating that you will be unable to engage in sports for at least 12 months from the date of the certificate, Ballinfit Gym B.V. will terminate your membership upon your request. The termination will take effect from the date of receipt of the request by the Member Service of Ballinfit Gym B.V., along with the medical certificate.

Article 11 – Termination of Membership
1. The agreement is entered into for a period of one year and can be terminated at the latest 30 days before the end of the term. If you do not do so, the agreement will automatically be renewed indefinitely. From dat moment, it can be terminated at any time without compensation, with a notice period of 30 days.
2. You have the option to terminate the agreement by sending an email to: ledenadministratie@ballinfit.nl.

Article 12 – Risk and Liability
1. Engaging in sports inherently involves risks. When facing our facilities, you must assess for yourself what is feasible for you. You always remain responsible for how you engage in sports and the choices you make in doing so. The use of the facilities is at your own risk. In case of (doubt about) physical conditions, we recommend seeking expert advice from a doctor or a specialist to determine the appropriate and feasible way of exercising for you.
2. Ballinfit Gym B.V. and our employees are not liable for material or immaterial damage resulting from an accident or injury that you incur in our sports clubs, except for personal injury caused by the acts or negligence of Ballinfit Gym B.V.
3. It is recommended not to bring valuable items to the sports club. Ballinfit Gym B.V. accepts no liability for damage, loss, or theft of property, except in case caused by intent or negligence of Ballinfit Gym B.V.

Article 13 – Personal data
1. To facilitate the execution of your agreement, we collect and manage your personal data. Ballinfit Gym B.V. processes this data in a fair and careful manner, and within the framework of applicable laws and regulations for the protection of personal data, including the General Data Protection Regulation (GDPR).
2. The privacy policy of Ballinfit Gym B.V. provides an overview of which data we process, for what purpose this is done, and how we handle personal data. Additionally, it explains how individuals can exercise their rights regarding the processing of their personal data. The privacy policy of Ballinfit Gym B.V. is available on our website.

Article 14 – House Rules and Health Regulations
1. Ballinfit Gym B.V. reserves the right to refuse access to the sports club at any time to individuals whose behavior violates the house rules.
2. In addition to internal regulations, Ballinfit Gym B.V. may establish additional health regulations to comply with the guidelines of competent authorities. In such cases, Ballinfit Gym B.V. may refuse access to its facilities to individuals whose behavior violate these health regulations; any violation of these rules may result in immediate exclusion.
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WEBSHOP
Article 15 - Payments and Returns
1. The consumer pays for products immediately.
2. A costumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when;
• the product has been used
• it is a product that has been specially made or adapted for the consumer
• it is a product that cannot be returned for hygiene reasons
• the consumer has waived their right of withdrawal




3. The 14 day cancelation period in clause 2, starts the day after the consumer receives the last product from a single order.
4. The consumer can exercise their right of withdrawal by sending an e-mail to: servicedesk@ballinfit.nl
5. The consumer is obligated to return the product to Ballinfit Gym B.V. within 14 days of notifying their right of withdrawal, failing which their right of withdrawal will lapse.

Article 16 – Exchange
1. The consumer may exchange a purchased item, subject to the following conditions:
• exchange takes place within 14 days of purchase, during which the consumer can present the original invoice.
• the product is returned in its original packaging and with the original price tag attached.
• the product has not been used.
2. Discounted items, perishable products customized items, or items specially adapted for the consumer cannot be exchanged.

Article 17 – Refunds and Delivery Costs
1. If the consumer has timely revoked their purchase and has returned the entire order to Ballinfit Gym B.V. in a timely manner, Ballinfit Gym B.V. will refund the amount paid by the consumer within 14 days of receiving the timely and complete returned order.
2. The costs of returning the item are the responsibility of the consumer.
Article 18 – Delivery and Delivery time
1. Delivery takes place within 7 working days, subject to availability.
2. Delivery takes place at Ballinfit Gym B.V., unless otherwise agreed.
3. Delivery of products ordered online takes place at the address provided by the consumer.
4. The consumer must ensure that the actual delivery of their ordered products can take place on time. The delivery times of Ballinfit Gym B.V. are indicative. If delivery is delayed, the consumer cannot claim any rights unless otherwise agreed in writing.
5. If the packaging of a delivered product is opened or damaged, the consumer must report this immediately. Failure to do so releases the consumer from holding Ballinfit Gym B.V. liable for any damage.
6. The delivery time starts when the consumer has completed the ordering process and has received confirmation from Ballinfit Gym B.V.
7. The consumer is not entitled to compensation and may not cancel the agreement if Ballinfit Gym B.V. delivers later than agreed upon. The customer may cancel the agreement if this is agreed upon writing or if Ballinfit Gym B.V. cannot deliver within 14 days after being requested to do so in writing or if the consumer and Ballinfit Gym B.V. have agreed otherwise.

Article 19 - Warranty
1. The warranty on products applies only to defects caused by faulty manufacturing or construction, or defective materials.
2. The warranty does not apply:
- in case of normal wear and tear
- for damage caused by accidents
- for damage caused by modifications made to the product
- for damage due to negligence or improper use by the customer
- when the cause of the defect cannot be clearly determined
3. The risk of loss, damage, or theft of the products delivered by Ballinfit Gym B.V. passes to the consumer as soon as they are legally and factually delivered or come into the possession of the consumer or a third party receiving the product on behalf on the consumer.
Article 20 – Complaints
1. The consumer must promptly examine a product delivered by Ballinfit Gym B.V. for any deficiencies.
2. If a delivered product does not meet what the consumer could reasonably expect, the consumer must inform Ballinfit Gym B.V. as soon as possible after identifying the deficiency.





3. A consumer must notify Ballinfit Gym B.V. of any deficiencies no later than 2 months after identifying them.
4. The consumer must provide a detailed description of the deficiency so that Ballinfit Gym B.V. can respond accordingly.
5. The consumer must demonstrate that the complaint relates to an agreement between the consumer and Ballinfit Gym B.V.

Article 21 – Notice of Default
1. The consumer must notify Ballinfit Gym B.V. of any notice of default in writing.
2. The consumer is responsible for ensuring that their notice of default reaches Ballinfit Gym B.V. on time.
Article 22 – Indemnity
The consumer indemnifies Ballinfit Gym B.V. against all claims from third parties related to the products supplied by Ballinfit Gym B.V.

Article 23 - Liability Ballinfit Gym B.V.
1. Ballinfit Gym B.V. is only liable for damage suffered by the consumer of that damage is caused by intent or conscious recklessness.
2. When Ballinfit Gym B.V. is liable for damage, it only applies to direct damage related to the execution of an underlying agreement.
3. Ballinfit Gym B.V. is not liable for indirect damage, such as consequential damage, loss of profit, or damage to third parties.
4. When Ballinfit Gym B.V. is liable, this liability is limited to the amount paid out by a concluded (proffesional) liability insurance policy. If no insurance is taken out or no amount is paid out, the liability is limited to the (part of the) invoice amount to which liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution, or suspension.

Article 24 – Expiry period
Any right of the consumer to compensation from Ballinfit Gym B.V. expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.

Articlel 25 – Termination
1. The consumer may terminate the agreement if Ballinfit Gym B.V. fails to perform its obligations attributable to it, unless this failure does not justify termination due to its special nature or minor significance.
2. If the performance of obligations by Ballinfit Gym B.V. is still possible, termination can only take place after Ballinfit Gym B.V. is in default.
3. Ballinfit Gym B.V. may terminate the agreement with the consumer if the consumer fails to fulfill his obligations under the agreement in full or in a timely manner, or if Ballinfit Gym B.V. becomes aware of circumstances that give it good reason to believe that the customer will not fulfill his obligations.
Article 26 – Force majeure
1. In addition to article 6:75 BW, it is understood that a shortcoming on the part of Ballinfit Gym B.V. cannot be attributed to Ballinfit Gym B.V. by the consumer in case of force majeure.
The force majeure situation in clause 1 also includes:
- an emergency situation such as civil war or natural disaster
- default or force majeure of suppliers, delivery persons, or others
- power, electricity, internet, computer or telecommunication failures
- computer¬ viruses
- strikes
- government measures
- transportation issues
- adverse weather conditions
- work stoppages






2. When a force majeure situation occurs, causing Ballinfit Gym B.V. tob e unable to fulfill one or more obligations to the consumer, those obligations shall be suspended until Ballinfit Gym B.V. can fulfill them.
3. One a force majeure situation has lasted for at least 30 calendar days, both consumer and Ballinfit Gym B.V. may, in writing, partially or wholly terminate the agreement.
In a force majeure situation, Ballinfit Gym B.V. is not obligated to compensate the consumer, even if Ballinfit Gym B.V. benefits from the situation.
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Article 27 – Amendment of Terms and Conditions
1. Ballinfit Gym B.V. reserves the right to amend these terms and conditions.
2. Minor changes may be made by Ballinfit Gym B.V. at any time.
3. Major changes will be discussed with the member as much as possible in advance by Ballinfit Gym B.V.
4. In the event of major changes to the terms and conditions, a customer may terminate the underlying agreement.

Article 28 – Transfer of Rights
1. The customer may not transfer rights from an agreement with Ballinfit Gym B.V. to others without written consent of Ballinfit Gym B.V.
2. This provision shall be considered as a provision with property law effects as described in article 3:83 lid 2 BW.

Article 29 – Consequences of Invalidity or Voidability
1. If one or more provisions of these general terms and conditions are found to be invalid or voidable, this shall not affect the validity of the remaining provisions of these terms.
2. A provision that is invalid or voidable shall be replaced by a provision that most closely aligns with the intention of Ballinfit Gym B.V. at the time of drafting the terms and conditions regarding that matter.

Article 30 – Applicable Law and Competent Court
1. Dutch Law governs these general terms and conditions and any underlying agreement between the customer and Ballinfit Gym B.V.
2. The court in the district where Ballinfit Gym B.V. is established has exclusive jurisdiction to settle any disputes between the customer and Ballinfit Gym B.V., unless the law provides otherwise.