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General Terms and Conditions

Fitlight Europe

Date: 1 October 2025

Article 1 – Definitions

  1. Customer: The natural person or legal entity entering into an agreement with Fitlight Europe.

  2. Fitlight Europe: The user of these General Terms and Conditions, established in the Netherlands.

  3. Parties: Collective reference to Fitlight Europe and the Customer.

  4. Agreement: The agreement between Fitlight Europe and the Customer for the supply of products and/or services.

Article 2 – Applicability

  1. These General Terms and Conditions apply to all offers, quotations, agreements and deliveries of Fitlight Europe, unless otherwise agreed in writing between the Parties.

  2. By placing an order or entering into an Agreement with Fitlight Europe, the Customer agrees to these General Terms and Conditions.

  3. Deviations are valid only if agreed in writing between Fitlight Europe and the Customer.

Article 3 – Offers and Quotations

  1. All offers and quotations issued by Fitlight Europe are non-binding, unless a validity period is specified in the offer.

  2. Fitlight Europe cannot be held to its offers if the Customer can reasonably understand that the offer contains an obvious error or clerical mistake.

  3. Offers and quotations do not automatically apply to future orders.

Article 4 – Formation of the Agreement

  1. The Agreement is concluded upon the Customer’s written acceptance of the quotation, or when the Customer otherwise expressly agrees to the offer.

  2. If the Customer makes changes to the quotation, the Agreement will only be concluded after Fitlight Europe has agreed to such changes in writing.

Article 5 – Prices and Rates

  1. The prices and/or rates are the amounts agreed between the Parties. In the absence of specific agreements, the prices and/or rates stated in the quotation shall apply.

  2. Price adjustment and indexation: Fitlight Europe has the right to adjust its prices annually in accordance with the Statistics Netherlands (CBS) Consumer Price Index. This adjustment shall take effect on 1 January. If the index figure is not yet available, the indexation may be applied retroactively.

  3. All prices are exclusive of VAT, unless otherwise stated.

  4. Any necessary costs incurred in the performance of the assignment, including travel expenses, shall be borne by the Customer, unless otherwise agreed.

Article 6 – Payment Terms

  1. Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing.

  2. If the payment period is exceeded, the Customer shall be in default and statutory interest shall be payable.

  3. All reasonable costs incurred in obtaining payment out of court shall be borne by the Customer.

Article 7 – Right to Complain and Right of Withdrawal

  1. Upon delivery, the Customer must inspect the products for visible defects and report any such defects in writing within 14 days.

  2. Fitlight Europe will assess the complaint and, if the complaint is justified, will arrange for repair, replacement or a credit.

  3. Consumers have the right to return products within 14 days of receipt without stating reasons, provided that the products are unused and in their original packaging.

Article 8 – Delivery and Delivery Time

  1. The delivery time is approximate and shall not constitute a strict deadline, unless otherwise agreed.

  2. If the delivery time is exceeded, the Customer must give Fitlight Europe written notice of default and provide a reasonable period within which to complete delivery.

Article 9 – Transfer of Risk

The risk of loss of or damage to the products shall pass to the Customer upon delivery, unless otherwise agreed in writing.

Article 10 – Right of Suspension

  1. Fitlight Europe has the right to suspend its obligations if the Customer fails to meet its payment obligations on time.

  2. In the case of consumers, this right shall only apply after a notice of default has been issued.

Article 11 – Retention of Title

  1. All products supplied shall remain the property of Fitlight Europe until payment has been made in full.

  2. The Customer may not pledge or otherwise encumber the products for as long as ownership has not passed to the Customer.

Article 19 – Insurance

  1. The Customer is obliged to insure the supplied products against damage and loss.

  2. Coverage must include at least: fire, water damage, burglary/theft and accidents.

  3. Proof of insurance must be provided upon request.

Article 21 – Warranty

  1. Fitlight Europe provides a warranty in accordance with the warranty terms applicable to the product.

  2. The warranty shall lapse in the event of accidents, misuse, negligence, repairs carried out by the Customer or third parties, or normal wear and tear.

  3. To make a warranty claim, the Customer must return the product at its own expense for assessment.

Article 22 – Exchanges

  1. Products may only be exchanged if:

    • the request is made within 14 days of delivery;

    • the product is unused and in its original packaging;

    • the product is not custom-made or personalised.

  2. Fitlight Europe may refuse exchange requests if these conditions have not been met.

Article 23 – Liability

  1. Fitlight Europe’s liability is limited to direct damage resulting from intent or gross negligence.

  2. Fitlight Europe shall not be liable for indirect damage (consequential damage, loss of profit, loss of data).

  3. If Fitlight Europe is liable, compensation shall be limited to the amount paid out under the applicable insurance policy.

Article 24 – Force Majeure

  1. In the event of force majeure, Fitlight Europe may suspend performance for as long as the situation continues.

  2. Force majeure includes all circumstances beyond the control of Fitlight Europe as a result of which performance cannot reasonably be required.

Article 25 – Confidentiality

The Parties undertake to maintain the confidentiality of all confidential information obtained in connection with the Agreement.

Article 26 – Intellectual Property

All intellectual property rights shall remain vested in Fitlight Europe or its licensors. Use without prior written permission is prohibited.

Article 27 – Applicable Law and Disputes

  1. All Agreements with Fitlight Europe shall be governed exclusively by Dutch law.

  2. Disputes shall be submitted to the competent court in the judicial district in which Fitlight Europe is established.

Article 28 – Limitation Period

Any legal claims by the Customer shall become time-barred after one year, unless otherwise provided by law.

Article 29 – Additional Terms for Business Customers

Additional terms and conditions may apply to business customers and shall take precedence over these General Terms and Conditions.

Article 30 – Cancellation of the Agreement

  1. If the Customer cancels the Agreement, Fitlight Europe may charge cancellation fees.

  2. The amount of such fees shall be determined on the basis of costs incurred and loss of profit.

Article 31 – Amendments to the Terms and Conditions

  1. Fitlight Europe may amend these General Terms and Conditions; such amendments shall take effect on the announced effective date.

  2. The Customer shall be informed at least one month in advance.

  3. In the event of an objection, the Customer may terminate the Agreement within 14 days.

Article 32 – Final Provisions

If any provision is null and void or is annulled, the remaining provisions shall remain in full force and effect.

Article 33 – Representation

If the Customer acts on behalf of a legal entity, the Customer warrants that it is authorised to do so and shall indemnify Fitlight Europe against third-party claims arising from unauthorised representation.

Article 34 – Use of Trademark and Logo

Use of the Fitlight Europe trademark or logo is prohibited without prior written permission.

Article 35 – Resale to Third Parties

  1. Resale to third parties without prior written permission is not permitted.

  2. In the event of unauthorised resale, Fitlight Europe may terminate the Agreement with immediate effect.

Article 36 – Duration and Termination

  1. The Agreement is entered into for an indefinite period unless otherwise agreed.

  2. Either Party may terminate the Agreement in writing subject to one month’s notice.

Article 37 – Disputes Committee

If desired, disputes may first be submitted to a disputes committee before proceedings are brought before the courts.