Terms and Conditions

Terms and Conditions – FitalX

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

  • Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.

  • Day: calendar day.

  • Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unaltered reproduction.

  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

  • Entrepreneur: FitalX, the natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication.

  • Means of distance communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

  • Terms and Conditions: these General Terms and Conditions of FitalX.

Article 2 – Identity of the entrepreneur
FitalX
FitalX is part of Meleon.
Chamber of Commerce (KVK): 98204866
Email: info@fitalx.nl

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract between the entrepreneur and the consumer.

Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the terms can be sent free of charge upon request.

Situations not covered by these terms will be assessed ‘in the spirit’ of these terms.

Article 4 – The offer
The offer contains a complete and accurate description of the products and/or services offered.

FitalX sells complete health kits (blood pressure monitor, oximeter, and access to the FitalX app) and additional services (such as app-only access).

Obvious mistakes or errors do not bind the entrepreneur.

Each offer clearly states the rights and obligations attached to accepting the offer, such as price, delivery costs, right of withdrawal, and method of payment.

Article 5 – The agreement
The agreement is concluded when the consumer accepts the offer and meets the stated conditions.

If the agreement is concluded electronically, FitalX will take appropriate measures to secure data and provide a safe payment environment.

Within the legal framework, FitalX may check whether the consumer can meet their payment obligations.

FitalX will provide the following information with each product or service:

  • the entrepreneur’s business address;

  • the conditions for the right of withdrawal;

  • warranty and service information;

  • other legally required information.

Article 6 – Right of withdrawal
The consumer may dissolve the agreement without giving reasons within 14 days after receiving the product.

During the cooling-off period, the consumer must handle the product and packaging with care. They may only unpack the product as necessary to assess it.

If the right of withdrawal is exercised, the consumer must return the product in its original condition and packaging.

Article 7 – Costs in case of withdrawal
The return shipping costs are the responsibility of the consumer.

FitalX will refund the purchase amount within 14 days, provided the product has been received back or proof of return has been submitted.

Article 8 – Exclusion of the right of withdrawal
Exclusion applies only to:

  • products that cannot be returned for hygiene reasons if the seal has been broken (e.g. oximeters that have skin contact);

  • digital services (such as app access) if delivery has started with the consumer’s consent.

Article 9 – Prices
All prices include VAT (if applicable) and exclude shipping costs, unless otherwise stated.

FitalX reserves the right to adjust prices in the event of changes to VAT rates or other legal obligations.

Article 10 – Conformity and warranty
FitalX guarantees that products comply with the agreement, description, and reasonable standards of reliability.

Defects or incorrectly delivered products must be reported within 14 days of delivery.

The warranty does not apply in the case of:

  • misuse or damage caused by the consumer;

  • self-performed repairs;

  • normal wear and tear.

Article 11 – Delivery
Delivery takes place at the address provided by the consumer.

FitalX aims to deliver orders within 2–5 working days, unless otherwise stated.

The risk of damage or loss rests with FitalX until the moment of delivery.

Article 12 – Payment
Payment must be made via the payment methods offered in the webshop.

In the event of non-payment, FitalX is entitled to charge collection costs.

Article 13 – Complaints procedure
Complaints about the execution of the agreement must be reported fully and clearly by email (info@fitalx.nl) within 7 days of discovery.

Complaints will be answered within 14 days. If this is not possible, the consumer will be informed when they can expect a full response.

If a complaint is justified, the product will be replaced or repaired free of charge.

Article 14 – Disputes
Only Dutch law applies to agreements between FitalX and the consumer.

Disputes that cannot be resolved mutually will be submitted to the competent court in the Netherlands.