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Terms and Conditions

Introduction

Below you will find our Terms and Conditions. These always apply when you use our website or place an order through our website. The Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms so that you can refer to them at a later time.

Article 1. Definitions

1.1. Terms and Conditions: these present Terms and Conditions.

1.2. Service(s): services as described in the agreement.

1.3. Digital Content: data that is created and provided in digital form.

1.4. Ongoing Obligation: a contract that is aimed at the regular delivery of goods, services, and/or digital content over a specified period.

1.5. Durable Medium: any medium – including e-mail – that allows the customer or entrepreneur to store information addressed personally to them in a way that it is accessible for a period appropriate for the purpose of the information and allows the unchanged reproduction of the stored information.

1.6. Customer: the natural person who is not acting in the exercise of a profession or business and enters into a contract with the entrepreneur and/or registers on the website.

1.7. Model Withdrawal Form: the European model withdrawal form contained in Annex I of these terms. Annex I does not need to be provided if the customer has no right of withdrawal with regard to their order.

1.8. Entrepreneur: Veagle Colours, headquartered in Zeist, registered with the Chamber of Commerce under registration number 32125031, trading under the name fitplanbyscience.com.

1.9. Contract: any agreement or arrangement between the entrepreneur and the customer that forms an integral part of these Terms and Conditions.

1.10. Party(ies): entrepreneur and customer together or individually.

1.11. In Writing: in these Terms and Conditions, communication by e-mail is also considered in writing, provided that the identity of the sender and the integrity of the content are sufficiently guaranteed.

1.12. Website: the website of the entrepreneur, accessible at https://www.fitplanbyscience.com/ as well as all associated subdomains.

Article 2. Scope of the Terms and Conditions

2.1. These Terms and Conditions apply to all offers, contracts, and deliveries of the entrepreneur, unless expressly agreed otherwise in writing.

2.2. If the customer includes provisions or conditions in their order, confirmation, or communication that contains acceptance, which deviate from or are not included in these Terms and Conditions, these are only binding if and to the extent that they are expressly accepted in writing by the entrepreneur.

2.3. In the event that specific service terms also apply in addition to these Terms and Conditions, they shall also apply. However, in the case of conflicting provisions, the customer may always invoke the provision most favorable to them.

2.4. Should any provision of the contract be invalid or annulled, the remaining provisions of these Terms and Conditions shall remain fully in effect. The parties shall replace the invalid or annulled provision with a new regulation that, as far as possible, corresponds to the purpose and intent of the original provision.

Article 3. The Offer

3.1. The offer contains a complete and accurate description of the digital content and/or services offered. The description is sufficiently detailed to allow the customer to make an appropriate assessment of the offer. If the entrepreneur uses images, these represent a truthful depiction of the offered services and/or digital content.

3.2. The content of the website has been created with the utmost care. However, the entrepreneur cannot guarantee that all information on the website is always correct and complete. All prices and other information on the website, as well as in other materials from the entrepreneur, are therefore subject to obvious programming or typing errors.

3.3. The entrepreneur cannot be held liable for (color) deviations resulting from screen quality.

Article 4. Conclusion of the Contract

4.1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the customer accepts the entrepreneur's offer and fulfills the conditions set by the entrepreneur.

4.2. If the customer accepts the offer electronically, the entrepreneur confirms the receipt of acceptance of the offer immediately by electronic means.

4.3. If it turns out that the customer provided false information when accepting the offer or in any other way during the conclusion of the contract, the entrepreneur is entitled to fulfill their obligations only after the correct data has been provided.

4.4. The entrepreneur is entitled, within the framework of legal provisions, to verify whether the customer is able to meet their payment obligations, as well as all circumstances relevant to a responsible conclusion of the contract. If the entrepreneur, based on this verification, has justified reasons not to conclude the contract, they are entitled to reject an order or request, stating the reasons, or to attach special conditions to its execution – such as advance payment.

Article 5. Registration

5.1. To use the website optimally, the customer may register via the registration form or account sign-up option on the website.

5.2. During the registration process, the customer selects a username and password with which they can log in to the website after registration. The customer is solely responsible for choosing a sufficiently secure password.

5.3. The customer must keep their login data, username, and password strictly confidential. The entrepreneur is not liable for misuse of the login data and may always assume that a customer logging in to the website is indeed that customer. Everything that happens via the customer's account is the responsibility and risk of the customer.

5.4. If the customer knows or suspects that their login data has fallen into the hands of unauthorized persons, they must change their password as soon as possible and/or inform the entrepreneur so that appropriate measures can be taken.

Article 6. Performance of the Contract

6.1. The entrepreneur will exercise the utmost care when receiving and processing requests for the provision of services.

6.2. As soon as the order has been received by the entrepreneur, they will deliver the service or digital content as quickly as possible, taking into account the provisions mentioned in paragraph 3 of this article.

6.3. The entrepreneur is entitled to involve third parties to fulfill the obligations arising from the contract.

6.4. The delivery period is generally 24 hours after conclusion of the contract. The method of delivery can be carried out in various ways and is at the discretion of the entrepreneur.

6.5. The entrepreneur recommends that the customer check the delivered service or digital content and report any defects within a reasonable period, preferably in writing.

Article 7. Ongoing Obligations: Termination

7.1. The customer may terminate the contract concluded for an indefinite period at any time, but no later than one (1) day before the start of the next (monthly) term. Termination can be made at https://www.fitplanbyscience.com/en/cancel.

Article 8. Right of Withdrawal

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

8.1. The customer may withdraw from a service contract as well as a contract for the provision of digital content not delivered on a physical medium within 14 days without giving any reason.

8.2. The withdrawal period referred to in paragraph 1 begins on the day after the conclusion of the contract.

Article 9. Exercise of the Right of Withdrawal by the Customer

9.1. The customer may withdraw from the contract within the 14-day withdrawal period by sending the model withdrawal form (digital) to the entrepreneur or by otherwise clearly communicating to the entrepreneur that they are withdrawing from the purchase. In the case of a digital notification, the entrepreneur will confirm receipt of this notification.

9.2. The European model withdrawal form is included in Annex I of the Terms and Conditions.

9.3. If the customer withdraws after explicitly requesting that the service begin during the withdrawal period, the customer owes the entrepreneur an amount corresponding to the proportion of the service already provided relative to full contract performance.

9.4. If the customer exercises their right of withdrawal, all supplementary agreements are legally terminated.

Article 10. Obligations of the Entrepreneur upon Withdrawal

10.1. Amounts already paid by the customer (in advance) will be refunded as soon as possible, but no later than 14 days after withdrawal from the contract, using the same method of payment the customer used.

10.2. Clear information will be provided on the website in a timely manner before the conclusion of the contract regarding whether the right of withdrawal applies, as well as, if applicable, the procedure to be followed.

Article 11. Intellectual Property Rights

11.1. All content displayed on the website, including but not limited to text, photos, illustrations, graphic materials, (trade) names, logos, word and figurative marks, are the property or licensed to the entrepreneur. The website content may be reproduced by the customer for personal, non-commercial use (in paper form, electronically, or in any other form).

11.2. For any other case of reproduction and/or distribution by the customer, including but not limited to use for commercial purposes, the express written permission of the entrepreneur is required.

11.3. If the customer downloads or otherwise reproduces parts of this website for permitted purposes, the customer must retain all copyright or other intellectual property notices and source references on the copies.

Article 12. Prices and Payment

12.1. All prices stated on the website and in other materials from the entrepreneur include VAT and, unless otherwise stated on the website, include other statutory charges.

12.2. The customer must make payments to the entrepreneur according to the payment methods specified in the ordering process and, if applicable, on the website. The entrepreneur is free to select the offered payment methods, and these may change from time to time.

12.3. If the customer does not fulfill their payment obligations on time, they shall owe statutory default interest on the outstanding amount after the entrepreneur has notified them of the delay and granted a period of 14 days to fulfill their obligations. The entrepreneur is entitled to charge extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to £2,500, 10% on the next £2,500, and 5% on the next £5,000, with a minimum amount of £40. The entrepreneur may deviate from these amounts and percentages in favor of the customer.

Article 13. Complaints Procedure

13.1. The entrepreneur has a published complaints procedure and handles complaints in accordance with this procedure. You can view it here: https://www.fitplanbyscience.com/en/complaints-procedure.

13.2. Complaints regarding the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable period after the customer has identified the defects.

13.3. The entrepreneur will respond to the customer as quickly as possible, but no later than 14 days after receiving the complaint. If it is not yet possible to provide a substantive or final answer, the entrepreneur will confirm receipt of the complaint within 14 days and provide an estimate of the timeframe within which a substantive or final response to the customer's complaint is expected.

Article 14. Liability

14.1. No rights can be derived from the information and/or services offered on this website. The entrepreneur assumes no liability for the inaccuracy or incompleteness of the information on this website. The entrepreneur also assumes no liability for the inaccuracy or incompleteness of third-party information referenced on this website.

14.2. The entrepreneur is not liable for any direct or indirect damages that may result from the publication of information on this website or from the use of the offered training plans and/or calculators. The entrepreneur strives to ensure smooth functioning of this website. However, if you as a visitor notice any irregularities or problems while using the website, we kindly ask you to inform us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Article 15. Personal Data

15.1. The entrepreneur processes the customer’s personal data in accordance with the privacy policy, which can be viewed here: https://www.fitplanbyscience.com/en/privacy-policy.

Article 16. Disputes

16.1. The contract is governed by Dutch law.

16.2. Unless mandatory statutory provisions dictate otherwise, all disputes arising from the contract shall be submitted to the competent Dutch court in the district where the entrepreneur has its registered office.

Contact Information

If you have any questions, complaints, or comments after reading these Terms and Conditions, you are welcome to contact us by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.. We strive to respond to e-mails on working days (Mon–Fri) within 24 hours.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(Please complete this form and return it digitally only if you wish to withdraw from the contract.)

- To:

This email address is being protected from spambots. You need JavaScript enabled to view it.

- I/We* hereby give notice that I/we* withdraw from the contract for the purchase of the following products:

the sale of the following products: [Product name]*

the delivery of the following digital content: [Digital content name]*

the provision of the following service: [Service name]*

– withdraw*

- Ordered on*/received on* [Date of order for services or receipt for products]

- [Name of consumer(s)]

- [Address of consumer(s)]

- [Signature of consumer(s)] (only required if this form is submitted on paper)

* Please delete or complete as appropriate.