Terms and conditions

1. Definitions and applicability

1.1. These general terms and conditions apply to any use of the Webshop, any offer of Kinetic Balance in the Webshop, any purchase of Products via the Webshop and all Agreements concluded or to be concluded between Kinetic Balance and the Customer and any related obligations.
1.2. In these general terms and conditions, the terms below have the following meanings:

• Agreement: the purchase agreement for a Product ordered by a Customer via the Webshop;
• Customer: a natural person, not acting in the context of trade, business or professional activities, who visits the Webshop or places an Order or wishes to do so;
• Kinetic Balance North America., 113-803 Village Dr, Port Coquitlam, B.C, V2B0E9 available per telephone on +1 250 699 1791 or per email via info@kinetic-balance.ca
• Order: an order for a Product placed by a Customer via the Webshop;
• Product/Products: the product(s) offered for sale in the Webshop by Kinetic Balance;
• Webshop: the Webshop on www.kinetic-balance.com.

3. Offers

3.1. Images of Products in the Webshop are for information purposes only. The colors on the Customer’s computer screen may differ from those of the Product.
3.2. All offers are without obligations and will only bind Kinetic Balance once Kinetic Balance has accepted the Order.
3.3. Any obvious errors or mistakes in the offer of Products will not bind Kinetic Balance.

4. The price

4.1. The prices of the Products are the prices stated in the Webshop, unless there has been an obvious error.

4.2. In the event of obvious errors in prices, Kinetic Balance will notify the Customer who has placed an Order of this as soon as possible. The Customer will then have the opportunity to confirm the Order at a corrected price or cancel the Order. If Kinetic Balance fails to contact the Customer, the amount paid by the Customer will be refunded.

4.3. The prices of the Products do not include tax’s and also do not include delivery costs. The delivery costs will be added to the total amount. The amount of the delivery costs will be stated clearly during the ordering process.

4.4. Prices may be changed at any time. With the exception of the provisions set out in paragraph 2, this will not affect any Orders confirmed by Kinetic Balance.

5. Formation of the Agreement

5.1. An order is placed as a result of the Customer completing the ordering process in the Webshop.

5.2. An Agreement is established, subject to the provisions set out in paragraph 3, as soon as Kinetic Balance has confirmed receipt of an Order by electronic means and the Customer has met the relevant conditions.

5.3. If Kinetic Balance has valid grounds not to enter into the Agreement or not to deliver the Orders, it will be entitled to refuse an Order or set special conditions for its execution.

6. Delivery

6.1. With due observance of the provisions set out in Article 5, Kinetic Balance will offer the accepted Orders to the postal service as soon as possible, but no later than within three days, unless a different delivery period has been agreed. If the delivery is delayed or an Order cannot be executed or can only be executed partially, the Customer shall be notified of this no later than three days after he or she has placed the Order. In that case, the Customer shall have the right to cancel the Agreement free of charge.

6.2. After cancellation in accordance with the previous paragraph, Kinetic Balance will refund the amount paid by the Customer without delay.

7. Payment

7.1. The Customer shall make the payment in accordance with the payment methods offered in the ordering procedure of the Webshop and in accordance with the relevant conditions set out in these general terms and conditions.

7.2. The Customer shall be obliged to notify Kinetic Balance without delay of any inaccuracies in the provided or stated payment details.

8. Retention of title

The ownership of Products will only pass to the Customer once the purchase amount has been paid in full.

9. Right of withdrawal

9.1. The Customer may terminate the Agreement within a cooling-off period of fourteen days (hereinafter: the “Cooling-off Period”) without stating reasons (hereinafter: the “Right of Withdrawal”).

9.2. The Cooling-off Period starts on the day on which the Customer or a third person designated by the Customer receives the Product. If the Customer has ordered multiple Products in the same order, the Cooling-off Period commences on the day on which the Customer or a third person designated by him receives the last of these Products.

9.3. During the Cooling-off Period, the Customer will handle the Products, packaging and labels with care. The Customer will only unpack or use the Product to the extent required to establish the nature and characteristics of the Product. The starting principle is that the Customer may only handle and inspect the Product as is customary in a brick-and-mortar shop. The Customer is liable for any depreciation of the Product caused by actions in contravention of the above provisions.

9.4. If the Customer wishes to use his Right of Withdrawal, he or she will notify Kinetic Balance of this within the Cooling-off Period by means of the return form returnform.kinetic-balance.ca or in another unambiguous manner.

9.5. The Customer shall send the Product back as soon as possible, but in any case within the Cooling-off Period, to Kinetic Balance’s address indicated above or another address indicated by Kinetic Balance.

9.6. The Customer shall return the Product with all delivered accessories, in its original condition and packaging.

9.7. Kinetic Balance will not accept returns if the Customer fails to meet the conditions set out in this article.

9.8. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Customer.

9.9. Kinetic Balance will handle returns within five working days and will send the Customer confirmation of this by email. If the Customer has failed to provide all the information required under this article, processing by Kinetic Balance may take longer.

9.10. Kinetic Balance shall refund all payments made by the Customer, including any delivery costs charged by Kinetic Balance for the returned Product, without delay but within thirty days after the day on which it was notified of the withdrawal by the Customer. If the Customer has chosen a delivery method other than the least expensive standard delivery method offered by Kinetic Balance, the delivery costs will not be refunded.

9.11. Kinetic Balance shall use the same account number for the refund as that which the Customer used for the payment, unless agreed otherwise. The refund will be free of charge for the Customer.

9.12. Products bought by the Customer in the Webshop cannot be returned in any other way than in the manner described herein.

9.13. If the Customer has chosen a more expensive delivery method than the cheapest standard delivery method, Kinetic Balance will not refund the added costs of the more expensive method.

10. Complaints

Complaints may be submitted by the Customer by e-mail to info@kinetic-balance.ca  and will be handled within five working days.

11. Other provisions

11.1. If any of these provisions are void or voidable, this will not affect the other provisions.

11.2. Kinetic Balance has the right to revise and amend these general terms and conditions at any time. The general terms and conditions will be published on this page