General terms & conditions

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions
Article 17 - Responsibility

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off Period: The period during which the consumer can exercise their right of withdrawal.
Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration Transaction: A distance contract concerning a series of products and/or services, where the supply and/or purchase obligation is spread over time.
Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
Model Form: The model withdrawal form provided by the entrepreneur that the consumer can use to exercise their right of withdrawal.
Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
Distance Contract: A contract concluded within an organized system for remote sales of products and/or services, where only one or more techniques for remote communication are used up to the conclusion of the contract.
Means of Remote Communication: Any method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Mundo Trade
Hoeckenburg 3
5346VG Oss
The Netherlands
KVK: 72958928
VAT Number: 002241185B73

T: 085 000 48 27
E: info@gymanta.com

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before concluding the contract how the terms can be inspected and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, these general terms and conditions may be provided electronically in a way that allows the consumer to store them on a durable data carrier.
If specific product or service conditions also apply, the consumer can always rely on the provision that is most favorable to them in the event of conflicting terms.
If any provision of these general terms and conditions is wholly or partially void or annulled, the remaining provisions will remain in effect, and the affected provision will be replaced by a valid provision that closely reflects the original intent.
Situations not covered by these general terms and conditions should be assessed "in the spirit" of these conditions.
Any ambiguity in the interpretation of one or more provisions should be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to change and adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services, with sufficient detail for the consumer to assess the offer properly. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors in the offer do not bind the entrepreneur.
All images and specifications are indicative and cannot give rise to compensation or contract cancellation.
Every offer contains such information that the consumer understands their rights and obligations when accepting the offer, including:
- The price, including taxes;
- Any applicable shipping costs;
- The method by which the contract will be concluded and the necessary steps;
- Whether the right of withdrawal applies;
- The method of payment, delivery, and execution;
- The period for accepting the offer or the period in which the entrepreneur guarantees the price;
- If applicable, the cost of using remote communication technology;
- Whether the contract will be archived and how the consumer can access it;
- The way in which the consumer can check and correct provided information before concluding the contract;
- Available languages besides Dutch for concluding the contract;
- Any applicable codes of conduct and how they can be reviewed electronically;
- The minimum duration of a distance contract if applicable.

Article 5 - The Agreement

The contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt electronically. Until this confirmation is received, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure data transmission and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal limits, investigate whether the consumer can fulfill their payment obligations and other relevant factors for responsibly entering into the contract. If the entrepreneur has valid reasons not to proceed with the contract, they may refuse an order or attach special conditions to its execution.
The entrepreneur will provide the following information with the product or service:
- The entrepreneur’s contact address for complaints;
- Conditions and methods for exercising the right of withdrawal;
- Warranty and after-sales service details;
- Information included in Article 4, unless already provided before contract execution;
- Cancellation requirements if the contract lasts more than a year or is indefinite.
In case of a duration transaction, the above information applies only to the first delivery.
Each contract is concluded under the condition of sufficient availability of the relevant products.

ices tailored to meet your individual needs.

Article 6 - Right of Withdrawal

For Product Purchases:

When purchasing products, consumers have the right to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer receives the product.
During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product, including all accessories, in its original condition and packaging (if reasonably possible), following the entrepreneur’s clear and reasonable instructions.
If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. Notification can be made using the model withdrawal form or another method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely return, for example, with a shipping receipt.
If the consumer does not notify the entrepreneur within the specified period or does not return the product, the purchase is considered final.

For Service Agreements:

When purchasing services, consumers have the right to cancel the agreement without providing a reason within at least 14 days from the start of the agreement.
To exercise the right of withdrawal, the consumer must follow the clear and reasonable instructions provided by the entrepreneur at the time of the offer or at the latest upon service delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they are responsible for the return shipping costs.
If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal. The refund will only be processed once the returned product has been received by the entrepreneur or if the consumer provides sufficient proof of return. Refunds will be issued via the same payment method used by the consumer unless the consumer agrees to a different method.
If the product is damaged due to improper handling by the consumer, the consumer is liable for any depreciation in value.
The consumer cannot be held liable for depreciation if the entrepreneur failed to provide all legally required information about the right of withdrawal before the agreement was concluded.

Article 8 - Exclusions from the Right of Withdrawal

The entrepreneur may exclude certain products and services from the right of withdrawal, as specified in paragraphs 2 and 3. Exclusion is only valid if the entrepreneur clearly states this in the offer, or at least before the agreement is concluded.
Exclusions for products:
- Custom-made products based on the consumer’s specifications.
- Products that are clearly personal in nature.
- Products that cannot be returned due to their nature.
- Perishable or rapidly aging products.
- Products with fluctuating prices that the entrepreneur cannot control.
- Newspapers and magazines sold individually.
- Audio/video recordings and software with broken seals.
- Hygiene-related products with broken seals.
Exclusions for services:
- Accommodation, transport, catering, or leisure activities scheduled for a specific date or period.
- Services that have already started with the consumer’s explicit consent before the cooling-off period ended.
- Betting and lottery services.

Article 9 - Pricing

Prices of products and services stated in the offer will not increase during the validity period, except for VAT changes.
The entrepreneur may offer products or services with variable pricing due to fluctuations in the financial market that are beyond their control. This will be clearly stated in the offer.
Price increases within 3 months of the agreement are only allowed due to legal regulations.
Price increases after 3 months are only allowed if:
- They result from legal regulations.
- The consumer has the right to terminate the agreement as of the date the price increase takes effect.
Prices listed in the offer include VAT.
Printing or typographical errors are not binding. If such errors occur, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that products and services meet the agreement, the stated specifications, and reasonable usability and reliability requirements. They also comply with applicable legal regulations at the time of agreement formation. If agreed, the entrepreneur guarantees suitability for special uses.
Additional guarantees from the entrepreneur, manufacturer, or importer do not affect the consumer’s statutory rights.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
The entrepreneur’s warranty period aligns with the manufacturer’s warranty period. However, the entrepreneur is not responsible for the product’s fitness for specific consumer applications or advice regarding use.
Warranty does not apply in the following cases:
- If the consumer has repaired or altered the product themselves or through a third party.
- If the product has been exposed to abnormal conditions or handled carelessly, contrary to the entrepreneur’s instructions.
- If defects result from government regulations regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for service provision.
The delivery address is the address provided by the consumer to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.
In case of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be clearly informed of this at the latest upon delivery. In the case of replacement items, the right of withdrawal cannot be excluded. Any return costs for a replacement item will be covered by the entrepreneur.
The risk of damage or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless explicitly agreed otherwise.

Article 12 – Ongoing Agreements: Duration, Termination, and Renewal Termination

The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement, which involves the regular delivery of products (including electricity) or services, at the end of the specified period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- At any time, without being restricted to termination at a specific time or within a specific period.
- Using the same method in which the agreement was originally concluded.
- Always with the same notice period as that applied by the entrepreneur.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
As an exception to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum period of three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, or no more than three months if the agreement involves the delivery of daily, news, and weekly newspapers and magazines less than once a month.
A limited-term agreement for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically at the end of the trial or introductory period.

Duration

If an agreement lasts more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless termination before the agreed-upon duration would be unreasonable or unfair.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in the payment details provided or stated.
In case of non-payment by the consumer, the entrepreneur has the right—subject to legal restrictions—to charge the consumer reasonable costs that were made known in advance.

Article 14 – Complaints Procedure

The entrepreneur has an adequately publicized complaints procedure and will handle complaints according to this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within two months after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Consumers should first contact the entrepreneur with any complaints. If the online store is affiliated with WebwinkelKeur and if the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Consumers can check if the online store has an active membership via WebwinkelKeur's member list. If no resolution is reached, the consumer has the option to submit the complaint to an independent dispute committee appointed by WebwinkelKeur, whose decision is binding. Both the entrepreneur and the consumer agree to this binding ruling. Costs may apply for submitting a dispute to this committee, which must be paid by the consumer. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer, to which these terms and conditions apply, are exclusively governed by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in a manner that allows the consumer to store them on a durable medium in an accessible way.

Article 17 - Responsibility

It is important to use our products correctly. We cannot be held responsible for any damage caused by:

Incorrect or careless use of the product.
Exposure to magnetic fields that may affect sensitive items.
Use that does not follow the recommended guidelines or safety instructions.
Any damage resulting from personal modifications or changes to the product.