Article 1 – Definitions
Empower your Rhythm, established in Den Bosch, Chamber of Commerce number 84733845, is referred to in these general terms and conditions as Empower your Rhythm.
The counterparty to Empower your Rhythm is referred to as "the buyer" in these general terms and conditions.
The parties are Empower your Rhythm and the buyer together.
The agreement refers to the purchase agreement between the parties.

Article 2 – Applicability of General Terms and Conditions
These terms and conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of Empower your Rhythm.
Deviations from these conditions are only valid if expressly agreed in writing by both parties.

Article 3 – Payment
The full purchase price is always payable immediately in the webshop. For reservations, a deposit may sometimes be required. In such cases, the buyer will receive proof of the reservation and prepayment.
If the buyer does not pay on time, they are in default. If the buyer remains in default, Empower your Rhythm is entitled to suspend obligations until the buyer has fulfilled their payment obligation.
If the buyer remains in default, Empower your Rhythm will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated according to the Dutch regulations for extrajudicial collection costs.
In the case of liquidation, bankruptcy, attachment, or suspension of payment on the part of the buyer, the claims of Empower your Rhythm against the buyer become immediately due and payable.
If the buyer refuses to cooperate in the fulfillment of the order by Empower your Rhythm, they are still obliged to pay the agreed price to Empower your Rhythm.

Article 4 – Offers, Quotations, and Price
Offers are non-binding unless an acceptance period is stated in the offer. If the offer is not accepted within the period specified, the offer expires.
Delivery times in quotations are indicative and do not entitle the buyer to dissolve the agreement or claim damages if exceeded, unless expressly and jointly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree to this in writing.
The price mentioned in offers, quotations, and invoices includes the purchase price, VAT, and any other government levies.

Article 5 – Right of Withdrawal
The buyer has the right to dissolve the agreement without stating a reason within 14 days of receiving the order. The term begins from the moment the entire order is received by the buyer.
During the cooling-off period, the buyer must handle the product and packaging with care. The product may only be unpacked or used as far as necessary to determine whether the buyer wishes to keep the product. If the buyer exercises the right of withdrawal, the product along with all supplied accessories and—if reasonably possible—in the original condition and packaging must be returned to Empower your Rhythm. If the product or packaging is more damaged than necessary to assess the product, Empower your Rhythm may charge the buyer for the depreciation.
If the buyer wishes to exercise the right of withdrawal, they must notify Empower your Rhythm within 14 days after receiving the product. The buyer must do this using the model form (the Empower your Rhythm return portal) or by another means of communication, such as email. After notifying Empower your Rhythm of the wish to use the right of withdrawal, the buyer must return the product within 14 days. The buyer must provide proof that the goods were returned on time, for example by means of shipping confirmation.
We will refund the order amount due within 14 days of the return notification, provided the product has already been received back in good order.
If, after the terms mentioned in sections 2 and 3, the buyer has not notified Empower your Rhythm of wishing to use the right of withdrawal or has not returned the product to Empower your Rhythm, the purchase is final.
There is no right of withdrawal when products have been made to the buyer’s specifications or are of a perishable nature.

Article 6 – Changes to the Agreement
If, during the execution of the agreement, it appears that a change or addition to the work to be done is necessary for proper performance, the parties shall adjust the agreement in due time and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, this may affect the timing of completion. Empower your Rhythm will inform the buyer of this as soon as possible.
If the change or addition to the agreement has financial and/or qualitative consequences, Empower your Rhythm will inform the buyer in writing in advance.
If the parties have agreed on a fixed price, Empower your Rhythm will indicate to what extent the change or supplement to the agreement results in exceeding this price.
Except as otherwise provided in the third paragraph of this article, Empower your Rhythm will not charge additional costs if the change or addition results from circumstances attributable to Empower your Rhythm.

Article 7 – Delivery and Transfer of Risk
As soon as the purchased goods have been received by the buyer, the risk is transferred from Empower your Rhythm to the buyer.

Article 8 – Inspection and Complaints
The buyer is obliged to inspect the delivered goods at the time of delivery or as soon as possible thereafter. They must verify whether the quality and quantity of the delivered goods are in accordance with what was agreed by the parties or at least meet the requirements that apply in normal (commercial) practice.
Complaints regarding damage, shortages, or loss of delivered goods must be submitted in writing to Empower your Rhythm within 10 working days after the day of delivery.
If a complaint is found to be justified within the stipulated time, Empower your Rhythm has the right to either repair or replace, or to refrain from further delivery and send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, quantity, size, or finish cannot be held against Empower your Rhythm.
Complaints about a particular product do not affect other products or parts belonging to the same agreement.
After the goods have been processed by the buyer, no further complaints will be accepted.

Article 9 – Samples and Models
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided for indication purposes only, and the goods to be delivered do not need to conform to it, unless explicitly agreed otherwise.
For agreements regarding real estate, mentioning the surface area or other dimensions is also presumed to be for indication only, and the item to be delivered does not have to conform to this.

Article 10 – Delivery
Delivery is “ex works/shop/warehouse,” meaning all costs are the responsibility of the buyer.
The buyer is obliged to accept the goods at the moment Empower your Rhythm delivers or has them delivered, or at the moment these goods are made available to the buyer according to the agreement.
If the buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, Empower your Rhythm is entitled to store the goods at the buyer’s expense and risk.
If the goods are delivered, Empower your Rhythm is entitled to charge any delivery costs.
If Empower your Rhythm requires information from the buyer to execute the agreement, the delivery period begins after the buyer has provided this information.
A delivery time stated by Empower your Rhythm is indicative and not a strict deadline. If the period is exceeded, the buyer must give Empower your Rhythm written notice of default.
Empower your Rhythm is entitled to deliver the goods in parts, unless otherwise agreed in writing or unless partial deliveries have no independent value. In case of partial deliveries, Empower your Rhythm may invoice these parts separately.
In the event of dissolution in accordance with Article 5, Empower your Rhythm will refund the amount paid by the buyer as soon as possible, and no later than 14 days after dissolution.

Article 11 – Force Majeure
If Empower your Rhythm cannot, not timely, or not properly fulfill its obligations under the agreement due to force majeure, Empower your Rhythm shall not be liable for damages suffered by the buyer.
Force majeure includes any circumstances that Empower your Rhythm could not take into account at the time of entering into the agreement and that prevent normal performance of the agreement by the buyer, such as illness, war or risk of war, civil war and riots, civil commotion, sabotage, terrorism, power failure, flooding, earthquake, fire, company occupation, strikes, lockouts, changed government regulations, transport difficulties, and other disruptions in the business of Empower your Rhythm.
Furthermore, force majeure includes the situation in which suppliers, on whom Empower your Rhythm depends for the execution of the agreement, do not fulfill their contractual obligations to Empower your Rhythm, unless this is attributable to Empower your Rhythm.
If a situation as described above arises whereby Empower your Rhythm cannot fulfill its obligations, those obligations will be suspended for as long as Empower your Rhythm cannot fulfill them. If the situation referred to in the previous sentence lasts more than 30 calendar days, either party shall have the right to dissolve the agreement wholly or in part by written notice.

If the force majeure situation lasts longer than three months, the buyer has the right to immediately terminate the agreement. Termination can only be done by registered letter.

Article 12 – Assignment of Rights
Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision qualifies as a clause with proprietary effect as referred to in Article 3:83 (2) of the Dutch Civil Code.