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Terms and Conditions of Eleven Gymwear, located in Zwolle, The Netherlands.

Article 1. General

1.1 In these general terms and conditions, 'Eleven Gymwear' refers to Eleven Gymwear, located in Zwolle, The Netherlands.

1.2 These conditions form part of all offers from and agreements with Eleven Gymwear, unless expressly deviated from in writing.

1.3 Subject to the provisions of Article 6.4, these conditions also apply if Eleven Gymwear has to engage third parties for the execution of all agreements.

1.4 Unless expressly agreed otherwise in writing, Eleven Gymwear does not recognize the general or specific conditions or stipulations of third parties.

1.5 In case of conflicting clauses between the Conditions and an Agreement, the Agreement shall prevail.

1.6 If any part of the Conditions is void or annulled, the remaining provisions of the Conditions shall remain in full force and the parties shall be bound to make efforts to establish a replacement provision in good consultation that is valid and approximates the original intentions of the parties as much as possible.

Article 2. Offers and Conclusion of Agreements

2.1 All offers are without obligation, unless expressly stated otherwise by Eleven Gymwear.

2.2 Agreements for the delivery of goods and/or services only bind Eleven Gymwear after written confirmation. Actual performance by Eleven Gymwear or an invoice sent by Eleven Gymwear is equivalent to a written confirmation of the offer.

2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 8 days, Eleven Gymwear and the customer are bound by it.

2.4 Offers from Eleven Gymwear are not automatically valid for subsequent orders.

2.5Eleven Gymwear cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or error.

2.6 Additions, changes, and/or further agreements are only effective if agreed upon in writing.

Article 3. Prices / Price Increase

3.1 All prices are, unless otherwise indicated, expressed in Euros, including VAT.

3.2 Eleven Gymwear guarantees that price increases after the conclusion of the terms and conditions will not take place unless the price increase is the result of legal regulations and/or provisions.

3.3 If the price increase is not the result of legal regulations and/or provisions, the consumer has the right to terminate the distance agreement on the day the price increase takes effect.

Article 4. Delivery

4.1 If items are available from stock, they will be shipped immediately after ordering. Eleven Gymwear may charge shipping costs for the delivery of ordered items. The delivery of ordered items takes place at the known postal address of Eleven Gymwear, not being of a temporary nature, and delivered to the natural person present at the delivery address.

4.2 The customer must sign for the receipt of the products. This is only different if the customer has grounds for refusal based on the law.

4.3 If the customer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the items will be stored at the expense and risk of the customer.

4.4 Eleven Gymwear's delivery obligation shall be deemed fulfilled once the items delivered by Eleven Gymwear have been offered to the customer once. In the case of home delivery, the carrier's report, indicating the refusal of acceptance, shall constitute complete proof of the offer of delivery, unless proven otherwise.

4.5 In case of refusal of the offered items, return freight and storage costs, as well as the risk of damage or loss of the refused items, shall be entirely borne by the customer, unless the customer rightfully invokes the right to rescind the purchase or replace the item.

Article 5. Delivery Time

5.1 A delivery time specified by Eleven Gymwear is never to be regarded as a strict deadline. The delivery time commences only after all necessary data are in the possession of Eleven Gymwear, after which Eleven Gymwear will endeavor to make delivery within 30 days.

5.2 In the context of the rules of distance selling, Eleven Gymwear (contractor) shall execute orders promptly, but at least within 30 days. If this is not possible (due to the ordered items not being in stock or no longer available), or there are delays for other reasons, or an order cannot be executed or only partially, the consumer (client) shall receive notification within 1 month after placing the order and shall have the right to cancel the order without cost or notice of default.

Article 6. Termination

6.1 Without prejudice to the rights of Eleven Gymwear under the law, Eleven Gymwear is entitled, by means of a written declaration to the customer, to suspend or terminate the agreement in whole or in part with the right to damages against the customer if circumstances come to the attention of Eleven Gymwear after the conclusion of the agreement that give Eleven Gymwear good grounds to fear that the customer will not fulfill his obligations or if Eleven Gymwear requested security for performance at the conclusion of the agreement and this security is not provided or is insufficient (despite demand), as well as in the event of the customer's bankruptcy, a bankruptcy application filed by the customer, suspension of payments, liquidation, or a decision to that effect, complete or partial transfer of the customer's business, or seizure of any part of its assets.

6.2 If circumstances arise regarding persons and/or materials used or habitually used by Eleven Gymwear in the execution of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so burdensome and/or disproportionately expensive that compliance with it can no longer reasonably be demanded, Eleven Gymwear is entitled to terminate the agreement.

6.3 The customer has the right, in the case of goods delivered based on an order from Eleven Gymwear, if it concerns a consumer purchase, in accordance with Article 7:5 of the Dutch Civil Code, to terminate the agreement within a period of 7 working days without giving reasons, unless expressly agreed otherwise. This period starts from the moment the ordered goods are delivered. If the customer does not return the delivered goods to Eleven Gymwear after this period has expired, the purchase is considered final. The customer is obliged, before returning the goods, to report this within 7 working days after delivery to Eleven Gymwear. The customer must prove that the delivered goods have been returned in a timely manner (within 10 working days after delivery), for example by means of proof of postage. The return of the delivered goods is entirely at the expense and risk of the customer. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, burdened, or damaged in any way by the customer, the right to terminate in the sense of this clause is forfeited. Subject to what is stipulated in the previous sentence, Eleven Gymwear confirms the termination of the purchase upon receipt and verification of the returned goods and ensures that the full purchase amount is refunded to the customer free of charge within 30 days after receipt of the complete return shipment.

6.4 The right of termination, as described in the preceding paragraph, relates only to the delivered goods and shall in no case apply to services, such as telephone subscriptions offered by (mobile) network operators represented by Eleven Gymwear. The general terms and conditions of said network operators shall apply to the latter services, in which Eleven Gymwear acts only as an intermediary or agent.

Article 7. Force Majeure

7.1 Force majeure shall mean, in addition to what is understood in law and jurisprudence, all circumstances beyond the control of Eleven Gymwear that impede or make delivery of goods impossible, including but not limited to strikes at Eleven Gymwear and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in email traffic, and disruptions or changes in technology provided by third parties.

7.2 A plea of force majeure can also be made if the circumstance that prevents (further) performance occurs after Eleven Gymwear should have fulfilled the obligation.

7.3 If the period during which performance of the obligation by Eleven Gymwear due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement without any obligation to pay damages.

7.4 If Eleven Gymwear has already partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate contract. This does not apply if the delivered or deliverable part has no independent value.

Article 8. Warranty

8.1 Eleven Gymwear does not offer any warranty on delivered goods other than the warranty (conditions) of the manufacturer of these goods, without affecting the rights of the customer arising from mandatory legal provisions.

8.2 However, Eleven Gymwear is never responsible for the ultimate suitability of the goods for every individual application by the customer, nor for any advice regarding the use or application of the goods.

8.3 Upon receipt, the customer is obliged to immediately inspect the delivered goods. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must (before returning it to Eleven Gymwear) report these defects immediately in writing to Eleven Gymwear. Any defects or incorrectly delivered goods must and can be reported to Eleven Gymwear in writing up to a maximum of 2 months after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of defects, damage occurring after discovery of defects, encumbrance, and/or resale after discovery of defects will invalidate the right to complain and return.

8.4 If the complaints of the customer are found to be justified by Eleven Gymwear, Eleven Gymwear will, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the customer on compensation, provided that the liability of Eleven Gymwear and thus the amount of the compensation is always limited to at most the invoice amount of the relevant goods, or (at the choice of Eleven Gymwear) to the maximum amount covered by the liability insurance of Eleven Gymwear in the relevant case. Any liability of Eleven Gymwear for any other form of damage is excluded, including but not limited to additional compensation in any form, compensation for indirect damage or consequential damage, or damage due to lost profits.

8.5 Eleven Gymwear is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial personnel.

8.6 This warranty does not apply if:

A) and as long as the customer is in default towards Eleven Gymwear;

B) the customer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties;

C) the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Eleven Gymwear and/or the instructions on the packaging;

D) the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 9. Payment

9.1 Unless otherwise agreed, payment must be made via a PIN transaction at the place of delivery of the products. Payment in installments is not possible.

9.2 After 10 days have elapsed from the invoice date, the customer is automatically in default and from that moment owes interest of 1% per month on the amount due, unless the statutory interest rate is higher, in which case the statutory interest rate applies, with a part of a month being counted as a full month.

9.3 In case of the customer's bankruptcy or suspension of payment or an application for it, the claims of Eleven Gymwear and the obligations of the customer towards Eleven Gymwear become immediately due and payable.

9.4 If Eleven Gymwear has to hand over its claim for collection, the customer owes a fixed amount of 15% of the amount due for extrajudicial collection costs, with a minimum amount of 250 euros.

9.5 If Eleven Gymwear can demonstrate that higher costs have been incurred which were reasonably necessary, these costs will also be eligible for reimbursement.

Article 10. Retention of Title

10.1 The ownership of all goods sold and delivered by Eleven Gymwear to the customer remains with Eleven Gymwear until the customer has paid the claims of Eleven Gymwear under the agreement or earlier or later similar agreements, until the customer has paid for the work performed or yet to be performed under these or similar agreements, and until the customer has paid the claims of Eleven Gymwear for breach of such obligations, including claims for penalties, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

10.2 The goods delivered by Eleven Gymwear that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

10.3 The customer is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.

10.4 The customer hereby unconditionally and irrevocably grants permission to Eleven Gymwear or a third party appointed by Eleven Gymwear to enter all places where its properties will then be located and to take those items there whenever Eleven Gymwear wishes to exercise its ownership rights.

10.5 If third parties attach the goods delivered under retention of title or wish to establish or assert rights to them, the customer is obliged to inform Eleven Gymwear of this as soon as can reasonably be expected.

10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion, and water damage as well as theft and to provide Eleven Gymwear with the policy of this insurance upon first request.

Article 11. Privacy

11.1 Eleven Gymwear respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website unless otherwise indicated. This information is not sold, shared, or rented to third parties in any way other than as stated in this privacy statement.

11.2 Information from which the identity of an online visitor to Eleven Gymwear's website can be inferred is voluntarily provided by the visitor. This information may be used within Eleven Gymwear (and all its subsidiaries and brands) for the purpose of making visits to our websites as easy and enjoyable as possible. In addition, this information may be used for analysis and providing information about the product portfolio of Eleven Gymwear. The customer expressly consents to this. Eleven Gymwear is entitled to disclose information about a visitor in special cases when there is reason to believe that disclosing that information is necessary to identify, contact, or initiate legal action against someone who intentionally or unintentionally harms the rights or property of Eleven Gymwear, other users of its website, or others who may be harmed by it. Eleven Gymwear is entitled to disclose information about users when we in good faith believe that the law requires it.

11.3 Eleven Gymwear collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be deleted at the request of the online visitor to the extent that this does not require disproportionate effort or cost for Eleven Gymwear.

Article 12. Intellectual Property Rights

12.1 Unless explicitly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights regarding the goods or services delivered by Eleven Gymwear, such as trademark rights, model rights, patent rights, sui generis database rights, etc., belong exclusively to Eleven Gymwear and/or its suppliers.

12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's confidential data of which they become aware in the performance of the agreement.

Article 13. Applicable Law.

13.1 Dutch law exclusively applies to all offers and agreements of Eleven Gymwear. The applicability of the Vienna Sales Convention is explicitly excluded.

Article 14. Disputes

14.1 The customer has the opportunity to submit the dispute to an independent dispute resolution body. This can be the Thuiswinkel Disputes Committee or another equivalent disputes committee, without prejudice to the customer's right to submit the dispute to a competent court.