TERMS AND CONDITIONS ON THAT BAR (2023)

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always capitalized, are used in the following sense. 

1. ON THAT BAR: the user of these general terms and conditions, located at Blauwwater 9M, 5951 DB in Belfeld, registered in the Trade Register under Chamber of Commerce number 82235813.

2. Other Party: any natural or legal person with whom ON THAT BAR has concluded or intends to conclude an Agreement.

3. Consumer: a Counterparty, a natural person, not acting in the exercise of a profession or business.

4. Parties: ON THAT BAR and the Other Party jointly.

5. Agreement: any agreement concluded directly between the Parties through the Web Shop under which ON THAT BAR has agreed to deliver Products to the Other Party.

6. Products: the goods to be delivered by ON THAT BAR to the other party under the Agreement, which may include but is not limited to sports articles such as elastic bands, rings, parallettes, TRX sets, weight vests, and accessories.

7. Webshop: www.onthatbar.com.

8. Written: communication in writing, communication by e-mail, or any other means of communication that, in view of the state of the art and generally accepted standards, can be equated with this.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to any offer made by ON THAT BAR in the Web Shop and any Contract concluded.

2. Any general terms and conditions of the Other Party, by whatever name they are called, do not apply to the Contract.

3. The provisions of these general terms and conditions can only be deviated from explicitly. If and insofar as the provisions in these general terms and conditions deviate from what the Parties have expressly agreed, what the Parties have expressly agreed shall prevail.

4. Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.

ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS

1. Every offer made by ON THAT BAR is without obligation, even if it states that it is valid for a definite period of time. ON THAT BAR may still revoke its offer without delay, at least as soon as possible after the acceptance thereof by the other party.

2. Any Contract shall, without prejudice to the provisions of paragraph 1, be concluded at the time that ON THAT BAR's offer is accepted by the Other Party and the Other Party has fulfilled all the conditions expressly stated in the offer. Subsequently, without prejudice to the provisions of paragraph 1, the order will be confirmed to the Other Party by e-mail.

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ARTICLE 4. | RIGHT OF RESCISSION FOR CONSUMERS (2023)

1. Subject to the provisions of the remainder of this article and in particular the provisions of the following paragraph, the Consumer may rescind the Agreement in whole or in part, without giving reasons, up to 14 days after the Products have been received by him or on his behalf. 

2. The Consumer has no right of dissolution in the case of:

a) the delivery of Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery; 

b) the delivery of Products in respect of which the right of dissolution is otherwise excluded or inapplicable under Section 6.5.2B of the Civil Code.

1. The Consumer may rescind the Agreement by submitting a request to that effect to ON THAT BAR by e-mail (info@onthatbar.com) or by using the model withdrawal form offered by ON THAT BAR. As soon as possible after ON THAT BAR has been notified of the Consumer's intention to rescind the Agreement and if the conditions of this article have been met, ON THAT BAR will confirm the rescission of the Agreement by e-mail.

2. During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Products may only be handled and inspected as would be permitted in a physical store.

3. If the Consumer exercises the right of withdrawal, he will return the Products to ON THAT BAR undamaged, with all delivered accessories and in their original condition and packaging.

4. The Consumer is liable for any diminished value of the Products resulting from a manner of handling the Products beyond that permitted under paragraph 4. ON THAT BAR is entitled to charge this diminished value to the Consumer, whether or not by offsetting this diminished value against the payment already received from the Consumer.

5. Return of the Products in question must take place within 14 days after the Consumer has invoked the right of termination in accordance with paragraph 3.

6. If the Consumer makes use of the right of dissolution, the costs of returning the Products shall be borne by the Consumer. 

7. ON THAT BAR will refund the payment received from the Consumer, minus any reduction in value, to the Consumer as soon as possible but no later than 14 days after the termination of the Agreement, provided that the Products have been received back by ON THAT BAR or the Consumer has proven that the Products were actually returned. If the right of rescission is only applied with respect to part of the order, the delivery costs paid by the Consumer in the first instance shall not be eligible for a refund. Furthermore, ON THAT BAR is not obliged to refund the additional costs if the Consumer has expressly chosen a method of standard delivery other than the least expensive method offered by ON THAT BAR.

ARTICLE 5. | DELIVERY TIMES

1. ON THAT BAR shall make every effort to fulfill the delivery period to which it has committed itself vis-à-vis the other party, however, this period is not a deadline. ON THAT BAR shall not be in default until the other party has given ON THAT BAR written notice of default, in which notice of default shall state a reasonable period for performance, and ON THAT BAR is still in default of performance after the expiry of the latter period.

2. In the event that ON THAT BAR is in default as referred to in the previous paragraph, the other party shall be entitled to terminate the Agreement for that part to which the default relates, without the other party being entitled to more far-reaching compensation than restitution or remission of the agreed price in proportion to the part of the Agreement not delivered in connection with the default.

ARTICLE 6. | DELIVERING PRODUCTS

1. Delivery of the Products shall be made by delivery thereof to the delivery address specified by the Other Party.

2. The risk of loss and damage to the Products will pass to the Other Party at the time the Products are received by or on behalf of the Other Party.

3. If the agreed delivery term is exceeded, the Other Party shall, without prejudice to the provisions concerning default in Article 5, never be entitled to refuse to take delivery of the Products and/or to pay ON THAT BAR the amount it owes under the Contract. 

4. If the Products could not be delivered due to a circumstance attributable to the other party, ON THAT BAR shall have the right to store the Products for the account and risk of the other party, without prejudice to the obligation of the other party to pay the amount due to ON THAT BAR under the Agreement. The costs to be incurred in connection with the non-acceptance by the Other Party as referred to here, such as additional delivery costs, shall therefore be borne by the Other Party. The foregoing provisions of this paragraph shall not affect the fact that the risk of loss of and damage to the Products shall pass to the Consumer only at the moment the Products are received by or on behalf of the Consumer.

ARTICLE 7. | INVESTIGATION, COMPLAINTS, WARRANTY, AND CONFORMITY

1. The Other Party must immediately examine at the time of delivery of the Products whether their nature and quantity comply with the Agreement. If in the opinion of the Other Party, the nature and/or quantity of the Products do not comply with the Agreement, the Other Party must immediately notify ON THAT BAR by e-mail (info@onthatbar.com).

2. Complaints with respect to defects of a Product that were not reasonably visible or otherwise unknowable at the time of delivery must be submitted to ON THAT BAR by e-mail (info@onthatbar.com) within two months after the discovery of the defect, or at least within a period of two months after the Other Party could reasonably have been aware of the defect.

3. Notwithstanding the provisions of the previous paragraph, a Consumer may no longer claim that the delivered goods do not comply with the Agreement if the Consumer has not notified ON THAT BAR thereof within two months after discovery.

4. If the Other Party does not complain in a timely manner, no obligation arises for ON THAT BAR from such a complaint by the Other Party.

5. Even if the Other Party complains in a timely manner, the obligation of the Other Party to pay on time shall continue to exist, without prejudice to the mandatory statutory rights of Consumers in this respect.

6. Subject to the provisions of Article 4, Products can never be returned without ON THAT BAR's prior written consent.

7. ON THAT BAR guarantees that the Products comply with the Agreement and possess all those properties that the Other Party may reasonably expect. Any warranty provided by ON THAT BAR, manufacturer, or importer shall not affect the mandatory statutory rights and claims that Consumers may assert against ON THAT BAR (conformity).

8. Any applicable warranty (including a claim based on non-conformity) shall in any case lapse if a defect in the Product is the result of an external cause occurring after delivery or another circumstance not attributable to ON THAT BAR. This shall include, but not be limited to, defects arising after delivery as a result of damage, natural wear and tear, improper or inexpert handling, incorrect or inexpert use, and the making of changes to the Products, including repairs not made with the prior written consent of ON THAT BAR.

9. The Other Party may only invoke the provisions of the previous paragraphs if the Other Party has fulfilled all its payment obligations arising from the Contract.

ARTICLE 8. | FORCE MAJEURE

1. ON THAT BAR is not obliged to fulfill any obligation under the Contract if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted practice (force majeure). Force majeure includes, in addition to what is understood in this respect by law and jurisprudence, transport difficulties, disasters, epidemics, pandemics, war and threat of war, interruptions, lockouts, riots, acts of war, and strikes.

2. To the extent that the force majeure situation makes the performance of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.

3. If when the force majeure situation arises ON THAT BAR has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, it shall be entitled to separately charge the part already delivered or still deliverable part of the Agreement as if it were an independent Agreement.

4. Without prejudice to the application of the previous paragraph, damage resulting from force majeure shall never be eligible for compensation. 

ARTICLE 9. | PRICES, COSTS, AND PAYMENTS

1. Unless otherwise expressly stated by ON THAT BAR, all amounts stated by ON THAT BAR and owed to it by the Other Party are exclusive of delivery charges. Before a Contract is concluded with a Consumer, the total price shall be stated, including VAT and delivery costs.

2. ON THAT BAR is entitled to demand full advance payment from the Other Party, on the understanding that ON THAT BAR will not oblige a Consumer to pay more than half of the purchase price in advance.

3. ON THAT BAR shall not be obliged to (further) execute the Agreement for as long as the other party is in default with the fulfillment of any payment obligation towards ON THAT BAR that is already due and payable. 

4. Payments must be made in one of the ways designated by ON THAT BAR for this purpose and within the period indicated or notified by ON THAT BAR. In the case of bank transfers, ON THAT BAR uses a standard payment term of 30 days from the invoice date, but may deviate from this in individual cases, such as in the case of a down payment or prepayment.

5. ON THAT BAR is entitled to make the invoice due to the other party available to it exclusively by e-mail.

6. If payment is not made on time, the other party shall be in default by operation of law. From the day that this default commences, the Other Party will owe the then current statutory (commercial) interest on the outstanding amount.

7. All reasonable costs, both judicial, extrajudicial, and execution costs, incurred to obtain the amounts owed by the Other Party will be for the Other Party's account.

ARTICLE 10. | LIABILITY

1. The Other Party shall bear the damage caused by inaccuracies or incompleteness in the data provided by the Other Party, any other failure to fulfill the obligations of the Other Party arising from the law or the Contract, as well as any other circumstance that cannot be attributed to ON THAT BAR.

2. ON THAT BAR shall, barring intent and deliberate recklessness on its part, never be liable for indirect damages, including losses suffered, loss of profits, and damages resulting from business interruption. ON THAT BAR shall, without prejudice to the provisions of the rest of these general terms and conditions and in particular the provisions of paragraph 4, only be liable to the Other Party for direct damage that the Other Party suffers as a result of an attributable shortcoming of ON THAT BAR in the fulfillment of its obligations under the Agreement. Direct damage shall mean exclusively:

- the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage eligible for compensation within the meaning of these general terms and conditions;

- any reasonable costs incurred to have ON THAT BAR's defective performance comply with the Agreement, to the extent they can be attributed to ON THAT BAR;

- reasonable costs incurred to prevent or limit damage, to the extent that the other party demonstrates that these costs led to a limitation of the direct damage within the meaning of these general terms and conditions.

1. Should ON THAT BAR be liable for any damage, ON THAT BAR shall at all times be entitled to recover such damage. The other party must give ON THAT BAR the opportunity to do so, failing which any liability of ON THAT BAR in this respect shall lapse.

2. ON THAT BAR's liability shall be limited to no more than the invoice value of the Agreement, at least to that part of the Agreement to which ON THAT BAR's liability relates.

3. Notwithstanding the statutory limitation period, the limitation period for all claims and defenses against ON THAT BAR shall be one year. Notwithstanding the previous sentence, claims and defenses accruing to Consumers that are based on facts that would justify the assertion that the consumer purchase does not comply with the Agreement shall expire in two years.

4. With regard to consumer purchases, the limitations in this article do not extend further than permitted by Article 7:24 paragraph 2 of the Civil Code.

ARTICLE 11. | USING & STORING EQUIPMENT

1. ON THAT BAR equipment is designed for indoor & outdoor use, but it is not waterproof or moisture resistant. Avoid exposing our equipment to damp or wet conditions, as this may cause damage to the equipment and compromise its performance.

2. Equipment from ON THAT BAR can be used for outdoor training and physical activity. However, it is imperative that after each outdoor workout session, the equipment is properly stored in a dry environment to ensure its longevity and performance. Moisture and damp conditions can cause corrosion, and other forms of damage, which may lead to malfunctions, breaking, and decreased efficiency. By taking the necessary steps to store the equipment in a dry place after every use, you can protect your investment and ensure it operates at its best.

3. It is essential to read the user manual that belongs to each of ON THAT BAR’s products. The manual provides detailed instructions on how to properly set up and use the equipment to ensure its safe to use and has an effective operation. Failure to follow the instructions outlined in the manual may result in a violation of our return policy and may increase the risk of damage to you, others, or the product.

4. ON THAT BAR cannot be held responsible for any harm or damage that occurs as a result of improper use or failure to follow the instructions provided in the user manual. To ensure the best possible experience with products from ON THAT BAR, ON THAT BAR strongly recommend that you carefully read and follow the instructions in the user manual. Find the user manuals on our website: https://www.onthatbar.com/calisthenics-user-manuals

ARTICLE 12. | GENERAL COMPLAINT POLICY

1. Complaints regarding the performance of the Contract must, without prejudice to the provisions of Article 7, be submitted to ON THAT BAR by e-mail (info@onthatbar.com) within a reasonable time after the Other Party has fully and clearly described the grounds that gave rise to the complaint.

2. Complaints submitted to ON THAT BAR will be answered within a period of seven days after receipt. If a complaint requires a longer processing time, a reply will be provided within the seven-day period with an acknowledgment of receipt and an indication of when the Other Party can expect a more detailed reply.

3. If a Consumer's complaint cannot be resolved by mutual agreement, the Consumer may submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 13. | FINAL PROVISIONS

1. The Products delivered by ON THAT BAR remain its property until the Other Party has properly fulfilled all payment obligations under the relevant Contract.

2. All Agreements and all legal relationships between the parties resulting therefrom shall be governed exclusively by Dutch law.

3. Before any recourse to the courts, the Parties are obliged to make every effort to settle the dispute in mutual consultation.

4. Except to the extent that the law imperatively prevents this under the given circumstances of the case, only the competent court within the district of ON THAT BAR's place of business will be designated to take cognizance of any legal disputes between Parties.

5. If these general terms and conditions are available in several languages, the Dutch version shall always be decisive for the interpretation of the clauses contained therein.