Terms of Service

Article 1 - Definitions

In these terms, the following definitions apply:

1. Seller: The natural or legal person offering products and/or digital content remotely to consumers (The Active Mom).
2. Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the seller.
3. Distance contract: An agreement whereby, within the framework of a system organized by the seller for the remote sale of products and/or digital content, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
4. Digital content: Data produced and delivered in digital form (such as e-books and PDF files).
5. Cooling-off period: The period during which the consumer can exercise their right of withdrawal.

Article 2 - Seller Identity

Article 3 - Applicability

1. These terms of service apply to every offer made by the seller and to every distance contract concluded between the seller and consumer.
2. Before the distance contract is concluded, the text of these terms of service will be made available to the consumer.
3. Situations not covered in these terms of service shall be assessed in accordance with the spirit of these terms of service.

Article 4 - The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or digital content. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
3. Obvious mistakes or obvious errors in the offer (such as clear pricing errors) are not binding on the seller.

Article 5 - The Agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set forth.
2. If the consumer has accepted the offer electronically, the seller will immediately confirm receipt of acceptance of the offer electronically.
3. Specifically for Digital Content (E-books): By entering into the agreement, the consumer expressly agrees that delivery of the e-book (the download) will commence immediately and thereby waives their right of withdrawal once the download has started or has been made available.

Article 6 - Right of Withdrawal (Physical Products)

This article applies exclusively to physical books and other tangible goods.

1. When purchasing physical products, the consumer has the option to cancel the agreement without giving reasons for a period of 14 days. This cooling-off period starts the day after receipt of the product by the consumer.
2. During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack the product to the extent necessary to determine whether they wish to keep the product.
3. If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the seller.
4. If the product or packaging is damaged more than necessary to evaluate the product, we may charge this depreciation to you. Please handle the product with care and ensure it is properly packaged when returning.
5. The costs of returning the product are for the account of the consumer.
6. If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after cancellation, provided the product has already been received in good order.

Article 7 - Exclusion of Right of Withdrawal (Digital Content)

1. The right of withdrawal is excluded for the delivery of digital content that is not delivered on a tangible medium (such as e-books and digital guides).
2. This exclusion only applies if:
   • Performance has begun with the express prior consent of the consumer; and
   • The consumer has acknowledged that they thereby lose their right of withdrawal.

Article 8 - Price and Payment

1. The prices stated in the offer for products or services include applicable taxes.
2. Payment must be made immediately upon conclusion of the agreement via the offered payment methods (including Credit Card, Apple Pay).
3. The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the seller.
4. If the consumer does not timely fulfill their payment obligation(s), the seller is entitled to charge statutory interest and collection costs incurred.

Article 9 - Delivery and Execution

1. Physical products: The seller strives to fulfill accepted orders within 1 to 3 business days. If delivery experiences serious delay, the consumer will be notified within 30 days at the latest and has the right to cancel the order free of charge.
2. The place of delivery is the address that the consumer has made known to the seller.
3. Digital content: E-books are made digitally available immediately after successful payment (via email or download page). The seller is not liable for delays caused by technical failures at the consumer's internet provider or email provider.

Article 10 - Intellectual Property and Usage Rights

1. All products, e-books, texts and images of The Active Mom are protected by intellectual property rights.
2. Upon purchase of an e-book, the consumer receives a personal, non-transferable license to use the content.
3. The consumer is not permitted to copy the digital files, share them with third parties (such as forwarding via email or messaging apps), publish them, or commercially exploit them without prior written permission from The Active Mom.
4. Upon discovery of copyright infringement, the seller is entitled to recover damages (including lost revenue) from the consumer.

Article 11 - Liability and Medical Disclaimer

1. Not medical advice: The content of the books, e-books and other products from The Active Mom has been compiled with the utmost care and is informational and educational in nature. However, the information is not a substitute for professional medical advice, diagnosis or treatment.
2. At your own risk: Performing exercises or following advice is entirely at the consumer's own risk.
3. Consult a physician: The Active Mom strongly advises the consumer that during pregnancy, after childbirth, or when experiencing physical complaints (such as pelvic floor issues or diastasis recti), they should always first consult a physician, midwife, or pelvic floor physical therapist before starting exercises or sports activities.
4. Limitation of liability: The Active Mom is not liable for any direct or indirect damage, physical injury or adverse consequences resulting from use of the products, unless there is intent or gross negligence on the part of the seller.
5. The consumer is personally responsible for assessing their physical limits and should immediately stop exercising in case of pain or discomfort.

Article 12 - Complaints Procedure

1. Complaints about the execution of the agreement must be submitted to the seller within a reasonable time after the consumer has discovered the defects, fully and clearly described via info@activemomclub.com.
2. Complaints submitted to the seller will be answered within 14 days from the date of receipt.
3. If a complaint cannot be resolved through mutual consultation, the consumer has the right to submit the dispute to an appropriate dispute resolution body or seek other legal remedies available in their jurisdiction.

Article 13 - Disputes and Applicable Law

1. Agreements between the seller and the consumer to which these terms of service apply are exclusively governed by Dutch law.
2. Disputes will be submitted to the competent court in the district where the seller is established, unless mandatory law prescribes another court.