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General Terms and Conditions


The following General Terms and Conditions are applicable to all agreements concluded between The Organic Fit and its customers.

Date of last modification: Sunday April 18th, 2021.

Click here to download our General Terms and Conditions as PDF.

Article 1 – Definitions
Entrepreneur : the natural legal person who runs a business in the e-commerce fashion retail sector and offers products to consumers and counterparties in this respect;
Counterparty : a party who purchases products from the entrepreneur. The counterparty may be a consumer or a legal entity/company;
Consumer : a natural person, not acting in the exercise of a business or profession, who as a customer purchases products from the entrepreneur;
Legal entity/company : the natural legal person, or the natural person acting in the exercise of a profession or business, who purchases products from the entrepreneur;
Agreement : the multilateral legal act in which the entrepreneur enters into an obligation with an counterparty;
Distance contract : an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Right of withdrawal: the right of the consumer to terminate the contract within a statutory period;
Webshop: the online platform on which the entrepreneur offers his products for counterparties;
Day: calendar day.
Article 2 – Identity of the entrepreneur

The Organic Fit
Derde Westerparklaan 343
3544 NH Utrecht
06 243 560 51
info@theorganicfit.nl
Chamber of Commerce: 77450396

Article 3 – Applicability

1. These terms and conditions apply to all contracts concluded between the entrepreneur and counterparties.
2. Consumers agree to these general terms and conditions when placing an order, prior to the conclusion of the contract. This confirmation takes place by ticking the selection that they agree to the general terms and conditions.
3. Legal entities/companies agree to these general terms and conditions when placing an order based on a quotation issued by the entrepreneur. These conditions will be made known when an offer is made.
4. Deviation from these general terms and conditions is only possible if the parties have explicitly agreed to this in writing.

Article 4 –The offer

1. If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
2. Products offered by the entrepreneur always include a complete, accurate and truthful description. This description is such that the counterparty can make a proper assessment of the product. Images used in the product description are a true representation of reality. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the counterparty what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price, including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement; and
- any payment term.
4. During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.

Article 5 – The Agreement

1. The agreement shall be concluded at the moment the counterparty accepts the offer and fulfils the conditions laid down in the offer.
2. When the agreement is concluded, the entrepreneur shall confirm the receipt of the order electronically. As long as the entrepreneur has not made this confirmation, the counterparty can dissolve the agreement.
3. Upon concluding a distance contract in which an electronic payment has been made, the entrepreneur shall take measures to safeguard the transfer of data and shall ensure a secure web shop at all times.
4. The entrepreneur can - within legal frameworks - acquaint himself with the ability of the counterparty to meet his payment obligations, as well as with all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. Each contract between the entrepreneur and the counterparty is entered into separately and therefore ends after fulfilment by both parties, or by termination. No rights can be derived from entering into several separate agreements.
6. The entrepreneur shall send the following information along with the product to the counterparty, in writing or in such a way that the counterparty can store it in an accessible manner:
- where the counterparty can lodge complaints;
If the entrepreneur has undertaken to deliver a series of products, the provision in the previous paragraph only applies to the first delivery.
7. After the agreement has been concluded, it is possible for the counterparty to make changes to customer and address details up to the moment of dispatch. The counterparty itself remains responsible at all times for a correct specification of its customer and/or address details. These changes must be made known in writing by contacting the customer service.

Article 6 – Right of withdrawal

1. The consumer has the possibility of dissolving the agreement without giving reasons during 30 days. This period commences on the day following receipt of the product by or on behalf of the consumer, or following receipt of the last product if an order containing multiple products is delivered separately.
2. During this period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If the consumer makes use of his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and in the original state and packaging, in accordance with the instructions provided by the entrepreneur.
3. The consumer is liable for any decrease in value of the products resulting from handling the products beyond what was necessary to establish the nature, characteristics and functioning of the products. The starting point is that the product may be inspected as would be done in a shop. A product may be tried on, but not worn for a longer period of time.
4. Costs related to the return of products within the framework of the right of withdrawal shall not always be borne by the entrepreneur. The applicable returnpolicy is shown at the webshop.
5. Reimbursement (or partial reimbursement) of the products returned within the framework of the right of withdrawal shall take place no later than 14 days after receipt of the products by the entrepreneur.

Article 7 – Retention of title and right of retention

1. The entrepreneur can reserve the ownership of all products he delivers. The counterparty only becomes the owner of the purchased product if it has paid the price, plus any extra amounts owed, to the entrepreneur in full.
2. The entrepreneur can exercise the right of retention if the counterparty fails to meet a due obligation, unless the failure does not justify this retention.

Article 8 – Dissolution and force majeure

1. Every failure of the entrepreneur to fulfil his obligations gives the counterparty the right to terminate the contract partially or completely, unless the failure is of a special nature or minor importance that does not justify the termination with its consequences. Insofar as fulfilment is not permanently or temporarily impossible, the authority to dissolve only arises when the defaulting party is in default.
2. In the event of termination in accordance with paragraph 1, the entrepreneur shall return the amount paid by the counterparty within 30 days at the latest.
3. Force majeure is understood to mean any shortcoming that cannot be attributed to the entrepreneur. Attribution shall not take place if the shortcoming is not due to his fault, nor is it at his expense according to law, legal act or generally accepted practice.
4. The counterparty shall be informed of the force majeure as soon as possible, unless the address of the counterparty has not been made known to the entrepreneur, nor can it reasonably be known.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to make a comparable product available to the counterparty. The counterparty will be informed of this before dispatch, whereby the counterparty can decide to dissolve the agreement.

Article 9 – Delivery time

1. The entrepreneur shall take the greatest possible care when receiving orders for his products, as well as in carrying out these orders.
2. The place of delivery is the address which the counterparty has made known to the entrepreneur.
3. Delivery is deemed to have taken place at the moment the entrepreneur puts the purchased products in the possession of the counterparty. After delivery, the risk of the product passes to the counterparty.
4. The entrepreneur shall execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed.
5. If the delivery time is exceeded, the counterparty must declare the entrepreneur in default in writing, whereby a reasonable period for compliance is still offered. Reasonable" is understood to mean the originally expected delivery time, with a maximum of one month. If the entrepreneur fails to deliver within this further period, the consumer has the right to terminate the agreement without judicial intervention.

Article 10 – Guarantees

1. The entrepreneur guarantees that the products meet the contract, the specifications stated in the offer, reasonable requirements of reliability and/or serviceability and the existing statutory provisions and/or government regulations on the date that the contract was concluded.
2. The entrepreneur is not responsible for defects as well as any damage resulting from this, which have arisen after delivery of the products as a result of incompetence or lack of care, or as a result of changes or repairs that the counterparty or third parties have made to the delivered product.

Article 11 – Payment

1. The Entrepreneur shall make several payment methods available through the Webshop. It is up to the counterparty to choose one of these methods. Only after completing a successful payment, and accepting the associated terms and conditions, is the contract concluded.
2. For contracts between the entrepreneur and legal entities/companies, an invoice will be sent for payment, with a maximum term of payment of 14 days, unless another term has been agreed. The legal entity/company is automatically in default if it has not paid the amount owed by the end of this period.
3. If the legal entity/company is in default of payment, the proprietor sends it a reminder to pay, in which the legal entity/company is reminded of its default and in which it is still given the opportunity to pay the amount due within an additional period of 14 days after receipt of the reminder.
4. If the legal entity/company is unable to meet its obligations in this additional period following the payment reminder, the proprietor is entitled to collect the amount due without further notice. In this case, and subject to legal restrictions, the proprietor has the right to charge the legal entity/company for the reasonable costs made known at the same time as the payment reminder.
5. If the entrepreneur has assumed within legal frameworks the - possible - inability to fulfil the payment obligation by the legal entity/company, the entrepreneur is entitled to refuse an order or to attach additional conditions to the following implementation.
6. 6. The counterparty has the obligation to report any inaccuracies in payment details provided or stated to the entrepreneur.

Article 12 – Statutory interest and extrajudicial costs

1. If an amount owed is not paid in time, the entrepreneur has the authority to charge the legal interest, counting from the day the default commences according to article 13 of these terms and conditions until the day of payment.
2. The extrajudicial costs reasonably incurred by the entrepreneur with a minimum of € 35.00 shall be borne by the counterparty.

Article 13 – Complaints

1. Complaints about defects in purchased products must be submitted to the entrepreneur as soon as possible, but no later than two months after discovery.
2. The counterparty should preferably make its complaints known to the entrepreneur in writing.
3. Before being able to use his right of complaint, the consumer has to prove, at the request of the entrepreneur, that the agreement to which the complaint relates, has been concluded with this entrepreneur. The consumer is advised to keep the proof of purchase for this purpose.

Article 14 – Disputes

Disputes between the counterparty and the entrepreneur concerning the conclusion or execution of agreements with regard to products to be delivered or delivered by this entrepreneur can only be submitted to the competent court.

Article 15 – Dutch law

1. All agreements and offers, to which these terms and conditions have been declared applicable, are subject to Dutch law.
2. The District Court of Utrecht has exclusive jurisdiction over any disputes that may arise between the company and the counterparty. Disputes, in this context, also include those disputes that are only perceived or deemed to be a dispute by one of the parties.
3. If any provision of these general terms and conditions is void or voided, the remaining provisions will remain in effect and the parties will consult in order to agree on a new provision (or provisions) to replace the void or voided provision(s), taking into account, as much as possible, the purpose and intent of the void or voided provision(s).

Article 16 – Deviations

Additional or different individual provisions may not be to the disadvantage of the counterparty. These supplementary or deviating provisions between the entrepreneur and the counterparty must be recorded in writing.