TERMS AND CONDITIONS PWRFULL

Established on February 2, 2021, revised on March 18, 2024
PWRFULL is located at Danzigerkade 63, 1013AP Amsterdam, and registered with the Chamber of Commerce under number 89222091.

Article 1 Definitions
In these Terms and Conditions, the following terms are used with the meanings as defined below, unless explicitly stated otherwise.
Terms and Conditions: The Terms and Conditions as outlined below.

PWRFULL: PWRFULL is a company focused on providing personal training, both digitally (online) and on-site (offline), and nutritional advice (these are the “Services”) as well as selling various sports equipment, online fitness, and online nutrition programs (these are the “Products”).

Agreement: Any Agreement entered into between PWRFULL and the Counterparty, focused on providing Services (any activities performed by PWRFULL for or on behalf of the Counterparty) and/or selling Products (all goods that are the subject of the Agreement between PWRFULL and the Counterparty).

Counterparty: The party who has accepted these Terms and Conditions and has purchased the Product and/or commissioned the performance of the Service. The term Counterparty refers to both Consumers and Businesses.

Consumer: The Counterparty, a natural person, not acting in the course of a business or profession (individual customers).

Business: The Counterparty, a legal entity or natural person, acting in the course of a business or profession (business clients).

Distance Sale: The Agreement between PWRFULL and the Counterparty, concluded solely through means of distance communication (e.g., website or phone). The sale of sports equipment via PWRFULL’s website falls under Distance Sale.

Remote Services: The Agreement between PWRFULL and the Counterparty, concluded solely through means of distance communication (e.g., website or phone). The digital provision of personal training falls under Remote Services.

Price: The financial compensation agreed upon for the purchase and delivery of the Products and/or the performance of the Services, owed by the Counterparty to PWRFULL.

Voucher: A value voucher, meeting authenticity requirements, which the Counterparty may exchange for a Product and/or Service either free of charge or at a discount.

Article 2 Scope
These Terms and Conditions apply to every offer, quotation, and Agreement concluded between PWRFULL and the Counterparty, unless explicitly and in writing otherwise agreed by the parties.

These Terms and Conditions also apply to Agreements in which PWRFULL has engaged third parties. In cases where the Counterparty (in the capacity of a Business) also applies general terms and conditions, the applicability of such terms is explicitly rejected.

If one or more provisions of these Terms and Conditions are found to be void or voidable, the remaining provisions shall remain in full force. In such a case, PWRFULL and the Counterparty will consult to agree on new provisions to replace the void or voided provisions.

Any deviations from the Agreement and Terms and Conditions are only valid if expressly and in writing agreed upon with PWRFULL.

If PWRFULL does not consistently enforce strict compliance with these Terms and Conditions, this does not imply that the provisions are not applicable, or that PWRFULL in any way waives its right to enforce strict compliance with the provisions of these Terms and Conditions in other cases.

Article 3 Offers and/or Quotations
All offers and/or quotations from PWRFULL are valid for the period stated in the offer and/or quotation. The offer and/or quotation expire once this period has lapsed.

All offers and/or quotations are subject to availability.

PWRFULL cannot be held to its offers and/or quotations if the Counterparty, in accordance with the principles of reasonableness and fairness and commonly accepted views, should have understood that the offer and/or quotation, or part thereof, contains an obvious mistake or clerical error.

If the acceptance differs from the offer and/or quotation, whether on minor points or otherwise, PWRFULL is not bound to this acceptance. The Agreement will not be concluded in accordance with this differing acceptance unless PWRFULL indicates otherwise.

All offers and/or quotations do not automatically apply to future Agreements.

Article 4 Formation and Duration of Agreement
The Agreement is formed when the Counterparty has accepted the offer and/or quotation from PWRFULL in a timely manner, before it expires.

The Agreement is entered into for a specified period, namely the duration of the sale of the Products and/or the duration of the performance of the Services. The Agreement terminates automatically once PWRFULL has fulfilled its obligations under the Agreement (delivering the Products and/or performing the Services) on time and in accordance with what has been agreed, and once the Counterparty has fulfilled their obligation (paying the Price) on time and in full.

Article 5 Termination of Agreement
The Counterparty may terminate the Agreement concerning offline Services (subscription), personal training, and nutritional advice on location, at any time, subject to a one-month notice period, by providing written notice.

If and insofar as the Agreement is terminated in writing and it concerns a package, a termination fee applies. At the time of termination, the difference (fewer sessions taken than purchased) must still be paid to PWRFULL retrospectively.

PWRFULL will, upon written termination of a package (fewer sessions taken than purchased), align the pricing with the hourly rate used by PWRFULL for the closest matching package.

If the Counterparty has sustained an injury, they must provide proof to PWRFULL showing that participation in the training is not possible. PWRFULL offers freezing of Services in such cases. If the injury is long-term, the Agreement may be terminated. However, PWRFULL does not offer refunds. There is the possibility to terminate in accordance with the provision regarding the termination fee, as mentioned above.

The Counterparty cannot terminate the Agreement concerning online Services (digital personal training and nutritional advice). For more information, see Article 9. This Agreement ends on the agreed end date.

The Counterparty cannot terminate the Agreement regarding the purchase of Products. However, it is possible to return the Products. For more information, see Article 9.

PWRFULL is entitled to terminate the Agreement at any time in the event of a circumstance as described in Article 18.

Article 6 Execution of Agreement
PWRFULL is entitled to have certain work performed by third parties. The application of articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code is expressly excluded.

PWRFULL offers a satisfaction guarantee: 3 training sessions risk-free. If the Counterparty wishes to stop after 3 training sessions, they will receive a full refund of the paid amount, excluding administrative fees, if applicable.

The Counterparty shall provide PWRFULL with all necessary information, data, or instructions on time, which are required for the execution of the Agreement or which the Counterparty should reasonably understand are necessary for the execution of the Agreement. If this information, data, and instructions are not provided or not provided on time, PWRFULL has the right to suspend the execution of the Agreement. The additional costs incurred due to the delay are at the expense of the Counterparty.

Article 7 Prices
The Prices for the Counterparty in the capacity of a Consumer include VAT and other government-imposed levies.

The Prices for the Counterparty in the capacity of a Business exclude VAT and other government-imposed levies.

The Prices do not include additional costs such as travel, parking, packaging, delivery, or shipping costs unless otherwise indicated.

If Products need to be shipped to an address outside the Netherlands, PWRFULL will charge an additional surcharge.

If no Price is expressly agreed upon, the Price will be determined based on the actual hours spent and the usual hourly rates of PWRFULL.

Article 8 Price Changes
If PWRFULL agrees on a fixed Price at the conclusion of the Agreement, PWRFULL is entitled to increase it, even if the Price was originally not given under reservation.

If PWRFULL intends to change the Price, it will notify the Counterparty as soon as possible. PWRFULL will specify the extent of and the date on which the increase will take effect.

If the Price increase occurs within 3 months of the conclusion of the Agreement, the Counterparty may terminate the Agreement by written notice unless:
– The increase is due to an authority or obligation imposed on PWRFULL by law;
– The increase results from a rise in the price of raw materials, wages, etc., or from other grounds that were reasonably unforeseeable when the Agreement was concluded;
– PWRFULL is still willing to execute the Agreement based on the originally agreed conditions;
– It has been stipulated that the performance will take place more than 3 months after the conclusion of the Agreement.

Article 9 Distance Sale and/or Remote Services, Returns, and Exchanges
Distance Sale (see definition in Article 1)
In the case of a Distance Sale, the Counterparty in the capacity of a Consumer (note: not the Counterparty in the capacity of a Business) has the right to have the Products delivered within 30 days unless another delivery period has been agreed. Additionally, the Counterparty (Consumer) has the right to revoke the Agreement within 14 days of receiving the Products without providing any reason.

Revocation means that the Counterparty (Consumer) informs PWRFULL in writing that they wish to revoke the Agreement. The Counterparty (Consumer) must return the Products, in their original packaging, within 14 days after notifying PWRFULL of their intention to revoke the Agreement. Once PWRFULL has received the Products, PWRFULL will send a written confirmation to the Counterparty (Consumer). PWRFULL will refund the amount paid within 14 days of receiving the Products.

Remote Services (see definition in Article 1)
In the case of Remote Services, the Counterparty in the capacity of

a Consumer (note: not the Counterparty in the capacity of a Business) initially has the right to revoke the Agreement within 14 days of its conclusion without providing any reason.

PWRFULL offers two types of Services:
– Offline Services: personal training and nutritional advice on location: it is possible for the Counterparty (Consumer) to revoke the Agreement within 14 days of its conclusion provided the Services have not yet been performed. It is not possible to revoke the Agreement if personal training or nutritional advice has already taken place. By accepting these Terms and Conditions, the Counterparty (Consumer) explicitly agrees that the Service may be performed within the revocation period;
– Online Services: digital personal training: due to the nature of these Services, it is not possible to revoke the Agreement. Once the Agreement has been concluded, the Counterparty (Consumer) will receive a PDF file with the personal training. This document is in the possession of the Counterparty from that moment and cannot be returned to PWRFULL. By accepting these Terms and Conditions, the Counterparty (Consumer) explicitly agrees that the Agreement concerning the online Service (digital personal training) cannot be revoked;
– Online Services: digital training/nutritional advice (access to training/nutrition app): it is possible for the Counterparty (Consumer) to revoke the Agreement within 14 days of its conclusion.

The Counterparty grants PWRFULL permission to automatically debit the Price for using the training/nutrition app on a monthly basis. If the Counterparty (Consumer) revokes the Agreement concerning the online Service (digital training/nutritional advice) within 14 days of the conclusion of the Agreement but has already used the nutrition app, PWRFULL will refund half of the amount paid to the Counterparty’s account.

Returns
It is possible for the Counterparty (Consumer and Business) to return the Products within 14 days after they have been delivered. The Products must be unused, free of dirt or wear, and must be in their original packaging (in which they were delivered by PWRFULL).

Exchanges
It is possible for the Counterparty (Consumer and Business) to exchange the Products within 14 days after they have been delivered for another Product. The Products must be unused, free of dirt or wear, and must be in their original packaging (in which they were delivered by PWRFULL). The Counterparty (Consumer and Business) must inform PWRFULL which new Product they wish to exchange the returned Product for. Any price differences will be refunded by PWRFULL within 14 days (after the new Product has been shipped), and if the Counterparty must pay extra, PWRFULL will send the Counterparty an invoice for this.