BEAST MODE: TERMS AND CONDITIONS

General Terms and Conditions Index:
Article 1 – Definitions
Article 2 – Identity of the Beast Mode Fitness Games
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Customers’ obligations in case of withdrawal
Article 8 – Customers who exercise their right of withdrawal and the costs involved
Article 9 – Beast Mode Fitness Games’ obligations in case of withdrawal
Article 10 – Precluding the right of withdrawal
Article 11 – The price
Article 12 – Contract fulfilment and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Extended duration transactions: duration, termination and prolongation
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different stipulations

Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a Beast Mode Fitness Games or a
third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the Beast Mode Fitness Games;
2. Withdrawal period: the period within which a consumer can make use of his right of
withdrawal;
3. Consumer: a natural person whose actions are not carried out for objectives relating to
the course of a trade, a profession or a business;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Extended duration transaction: a distance contract relating to a series of products
and/or services, whereby the obligation to supply and/or purchase is spread over a period
of time;
7. Durable medium: every means – including emails – that enables a consumer or Beast
Mode Fitness Games to store information that is addressed to him in person in a way that
facilitates its future use or consultation during a period that is in keeping with the
objective for which the information is intended, and which facilitates the unaltered
reproduction of the stored information;
8. Right of withdrawal: the possibility for a consumer to waive a distance contract within
the withdrawal period;
9. Trader: a natural or legal person who offers products, (access to) digital content and/or
services to consumers from a distance;
10. Distance contract: a contract concluded between a Beast Mode Fitness Games and a
consumer within the framework of system organized for the distance sale of products,
digital content and/or services, whereby sole or partly use is made of one or more
techniques for distance communication up to and including the moment that the contract
is concluded;
11. Model form for right of withdrawal: the European model form for right of withdrawal
that is included in Appendix I of these terms and conditions. The Beast Mode Fitness Games is not obliged to provide Appendix I if the consumer has no right of withdrawal
with regard to his order;
12. Technique for distance communication: means that can be used for communication
regarding the offer made by the Beast Mode Fitness Games and concluding a contract,
without the necessity of the consumer and Beast Mode Fitness Games being in the same
place at the same time.

Article 2 – Identity of a trader
Name trader: Beast Mode Fitness Games
Registered address: Kastelenring 114, 2262 HD Leidschendam, Netherlands
Telephone number and time(s) at which Beast Mode Fitness Games can be contacted by
telephone: (31) 6 81562740
Email address: info@beastmodethefitnessgame.com
Chamber of Commerce number: 32167119
VAT identification number: NL002438566B05

Article 3 – Applicability
1. These terms and conditions apply to every offer made by Beast Mode Fitness Games
and to every distance contract that has been realized between Beast Mode Fitness
Games and a consumer.
2. Prior to the conclusion of a distance contract, the text of these terms and conditions will
be made available to the consumer. If this is not reasonably possible, Beast Mode
Fitness Games will indicate, before the distance contract is concluded, in what way the
general terms and conditions are available for inspection at Beast Mode Fitness Games’s
premises and that they will be sent free of charge to the consumer, as quickly as
possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous
paragraph, and before the distance contract is concluded, the consumer will be provided
with the text of these general terms and conditions electronically, in such a way that the
consumer can easily store them on a durable data carrier. If this is not reasonably
possible, then before concluding the distance contract, Beast Mode Fitness Games will
indicate where the general terms and conditions can be inspected electronically and that
at his request they will be sent to the consumer free of charge, either electronically or in
some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 4 – The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content
and/or services being offered. The description is sufficiently detailed to enable the
consumer to make a proper assessment of the offer. If Beast Mode Fitness Games
makes use of illustrations, these will be a true representation of the products and/or
services being offered. Beast Mode Fitness Games is not bound by obvious errors or
mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

Article 5 – The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the
moment at which the consumer accepts the offer and the conditions thereby stipulated
have been fulfilled.
2. If the consumer has accepted the offer electronically, Beast Mode Fitness Games will
immediately confirm receipt of acceptance of the offer electronically. The consumer can
dissolve the contract as long as this acceptance has not been confirmed by Beast Mode
Fitness Games.
3. If the contract is concluded electronically, Beast Mode Fitness Games will take suitable
technical and organizational measures to secure the electronic transfer of data and he
will ensure a safe web environment. If the consumer is able to pay electronically, Beast
Mode Fitness Games will take suitable security measures.
4. Beast Mode Fitness Games may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Beast Mode Fitness Games proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Beast Mode Fitness Games will send to a consumer, at the latest when delivering a
product, service or digital content, the following information, in writing, or in such a way
that the consumer can store it on an accessible durable medium:
a. the office address the Beast Mode Fitness Games’s business location where the
consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and
the method for doing so, or a clear statement relating to preclusion from the right of
withdrawal;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes on the product, service or digital content; the costs of
delivery insofar as applicable, and the method of payment, delivery or implementing
the distance contract;
e. the requirements for terminating the contract, if the duration of the contract exceeds
one year or if it is indefinite;
f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
6. In case of an extended duration contract, the stipulation in the previous paragraph
applies only to the first delivery.

Article 6 – Right of withdrawal
Upon delivery of products
1. When purchasing products, a consumer has the right to dissolve a contract, without
giving reasons, during a period of at least 14 days. Beast Mode Fitness Games is
allowed to ask a consumer for the reason of this dissolution, but the consumer is under
no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting
party, or:
a. if the consumer has ordered several products: the day on which the consumer, or a
third party designated by the consumer, received the last product. Beast Mode Fitness Games may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.

b. if the delivery of a product involves different deliveries or parts: the day on which the
consumer, or a third party designated by the consumer, received the last delivery or
the last part;
c. with contracts for the regular delivery of products during a given period: the day on
which the consumer, or a third party designated by the consumer, received the last
product.
Upon delivery of services and digital content that is not supplied on a material medium:
3. A consumer has the right to dissolve a contract, without giving reasons, for the supply of
digital content that is not supplied on a material medium during a period of at least
fourteen days. Beast Mode Fitness Games is allowed to ask a consumer for the reason
of this dissolution, but the consumer is under no obligation to state his/her reason(s).
4. The period stipulated in para. 3 commences on the day after the contract was concluded. Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
5. If Beast Mode Fitness Games did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
6. If Beast Mode Fitness Games provided the consumer with the information referred to in
the previous paragraph within twelve months of the commencing date of the original
withdrawal period, the withdrawal period shall end 14 days after the day on which the
consumer received the information.

Article 7 – Consumers’ obligations during the withdrawal period
1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his
handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if Beast Mode Fitness Games did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

Article 8 – Consumers who exercise their right of withdrawal and the costs involved
1. A consumer who wants to exercise his right of withdrawal shall report this to Beast Mode Fitness Games, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to
in para. 1, the consumer shall return the product, or hand it over to (a representative of)
Beast Mode Fitness Games. This is not necessary if Beast Mode Fitness Games has
offered to collect the product himself. The consumer will in any case have complied with
the time for returning goods if he sends the product back before the withdrawal period
has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear
instructions provided by Beast Mode Fitness Games.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in
time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If Beast Mode Fitness
Games has not declared that the consumer shall bear these costs or if Beast Mode Fitness Games indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.

6. If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided shall be implemented during the period of withdrawal, the consumer
shall owe Beast Mode Fitness Games a sum of money that is equivalent to that
proportion of the contract that Beast Mode Fitness Games has fulfilled at the moment of
withdrawal, in comparison with fulfilling the contract entirely.
7. The consumer shall bear no costs for implementing services if:
a. Beast Mode Fitness Games did not provide the consumer with the statutorily
obligatory information about the right of withdrawal, the costs payable in the event of
withdrawal or the model form for right of withdrawal, or:
b. the consumer did not explicitly ask about the commencement of implementing the
service during the period of withdrawal.
8. The consumer shall bear no costs for the entire or partial supply of digital content that is
not supplied on a material medium, if:
a. prior to delivery, he did not explicitly agree to commencing fulfilment of the contract
before the end of the period of withdrawal;
b. he did not acknowledge having lost his right of withdrawal upon granting his
permission; or
c. Beast Mode Fitness Games neglected to confirm this statement made by the
consumer.
9. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Article 9 – Trader’s obligations in a case of withdrawal
1. Beast Mode Fitness Games makes it possible for a consumer to declare his withdrawal
via electronic means, then after receiving such a declaration, he sends immediate
confirmation of receipt.
2. Beast Mode Fitness Games reimburses the consumer immediately with all payments,
including any delivery costs Beast Mode Fitness Games charged for the returned
product, though at the latest within 14 days after the day on which the consumer reported
the withdrawal. Except in cases in which Beast Mode Fitness Games has offered to
retrieve the product himself, he can postpone refunding until he has received the product
or until the consumer proves he has returned the product, depending on which occurs
earlier.
3. For any reimbursement, Beast Mode Fitness Games will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest
standard delivery, Beast Mode Fitness Games does not have to refund the additional
costs of the more expensive method.

Article 10 – Precluding the right of withdrawal
Beast Mode Fitness Games can preclude the right of withdrawal for the following products
and services, but only if the Beast Mode Fitness Games stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services whose prices are subject to fluctuations on the financial market over which the Beast Mode Fitness Games has no influence and which can occur within the period of withdrawal;
2. Contracts concluded during a public auction. A public auction is defined as a sales
method whereby a Beast Mode Fitness Games offers products, digital content and/or
services at an auction, under the directions of an auctioneer, and whereby the successful
purchaser is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full completion of the service, but only if:
a. implementation started with the explicit prior agreement of the consumer; and

b. the consumer declared having lost his right or withdrawal as soon as the Beast Mode
Fitness Games had completed the contract in full;
4. Package travels, package holidays and package tours as referred to in article 7:500 BW
and contracts on passenger transport;
5. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract already stipulates a certain date or
period of implementation;
7. Products manufactured according to the consumer’s specifications, which were not
prefabricated and were made based on a consumer’s specific choice or decision, or
which are clearly intended for a specific person;
8. Products subject to rapid decay or with a limited shelf-life;
9. Sealed products that, for reasons relating to the protection of health or hygiene, are
unsuited to returning and whose seal was broken subsequent to delivery;
10. Products that, due to their nature, have been irretrievably mixed with other products;
11. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the Beast Mode Fitness Games has no influence;
12. Sealed audio/video-recordings and computer apparatus whose seal was broken after
delivery;
13. Papers or magazines, except for subscriptions;
14. The delivery of digital content other than on a material medium, but only if:
a. the delivery commenced with the consumer’s explicit prior agreement, and
b. the consumer declared that this implied his having lost his right of withdrawal.

Article 11 – The price
1. During the period of validity indicated in the offer, the prices of the products and/or
services being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the previous paragraph, tBeast Mode Fitness Games may offer products or
services at variable prices, in cases where these prices are subject to fluctuations in the
financial market over which the Beast Mode Fitness Games has no influence. The offer
must refer to this link with fluctuations and the fact that any prices mentioned are
recommended prices.
3. Price increases within 3 months after the contract was concluded are only permitted if
they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only permitted if Beast Mode Fitness Games stipulated as much and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price
increase takes effect.
5. Prices stated in offers of products or services include VAT.

Article 12 – Contract fulfilment and extra guarantee
1. Beast Mode Fitness Games guarantees that the products and/or services fulfill the
contract, the specifications stated in the offer, the reasonable requirements of reliability
and/or serviceability and the statutory stipulations and/or government regulations that
existed on the date that the contract was concluded. If agreed the Beast Mode Fitness
Games also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by the Beast Mode Fitness Games,
manufacturer or importer can never affect the statutory rights and claims that a consumer
can enforce against Beast Mode Fitness Games on the grounds of the contract if Beast
Mode Fitness Games failed to fulfil his part in the contract.

3. An extra guarantee is defined as every commitment of Beast Mode Fitness Games, his
supplier, importer or manufacturer that grants a consumer rights or claims, in excess of
those provided by law, for the event that he fails to fulfil his part in the contract.

Article 13 – Supply and implementation
1. Beast Mode Fitness Games will take the greatest possible care when receiving and
implementing orders for products and when assessing applications for the provision of
services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and
conditions, the company will implement accepted orders with efficient expedition, though
at the latest within 30 days, unless a different period of delivery has been agreed. If
delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the
consumer will be informed about this at the latest 30 days after the order was placed. In
this case, the consumer has a right to dissolve the contract free of charge and a right to
possible damages.
4. Following dissolution in accordance with the previous paragraph, Beast Mode Fitness
Games refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon Beast Mode Fitness Games up to the moment of delivery to the consumer or a representative previous designated by the
consumer and announced to Beast Mode Fitness Games, unless this has explicitly been
agreed otherwise.

Article 14 – Extended duration transactions: duration, termination and prolongation
Termination
1. The consumer has a right at all times to terminate an open-ended contract that was
concluded for the regular supply of products (including electricity) or services, subject to
the agreed termination rules and a period of notice that does not exceed one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was
concluded for the regular supply of products (including electricity) or services at the end
of the fixed-term, subject to the agreed termination rules and a period of notice that does
not exceed one month.
3. With respect to contracts as described in the first two paragraphs, the consumer can:
– terminate them at all times and not be limited to termination at a specific time or
during a specific period;
– terminate them in the same way as that in which they were concluded;
– always terminate them subject to the same period of notice as that stipulated for the
Beast Mode Fitness Games.
Prolongation
4. A fixed-term contract that was concluded for the regular supply of products (including
electricity) or services may not be automatically prolonged or renewed for a fixed period
of time.
5. In departure from that which is stated in the previous paragraph, a fixed-term contract
that has been concluded for the regular supply of daily or weekly newspapers or
magazines may be automatically prolonged for a fixed term that does not exceed three
months, if the consumer is at liberty to terminate this prolonged contract towards the end
of the prolongation, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or
services may only be automatically prolonged for an indefinite period of time if the
consumer has at all times the right to terminate, with a period of notice that does not
exceed one month and, in the case of a contract to supply daily or weekly newspapers or
magazines regularly but less than once per month, a period that does not exceed three
months.
7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly
newspapers and magazines (trial subscriptions or introductory subscriptions) will not be
automatically prolonged and will automatically terminate at the end of the trial period or
introductory period.
Duration
8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month,
unless reasonableness and fairness dictate that premature termination of the contract
would be unacceptable.

Article 15 – Payment
1. As far as no other date is stipulated in the contract or supplementary conditions, sums
payable by the consumer should be paid within 14 days after commencement of the
withdrawal period, or in the absence of a withdrawal period within 14 days after the
conclusion of the contract. In the case of a contract to provide a service, this 14-day
period starts on the day after the consumer received confirmation of the contract.
2. When selling products to consumers, the general terms and conditions may never
stipulate an advance payment in excess of 50%. Where advance payment is stipulated,
the consumer cannot invoke any rights whatsoever in relation to the implementation of
the order or service(s) in question before the stipulated advance payment has been
made.
3. The consumer is obliged to report immediately to Beast Mode Fitness Games any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after Beast Mode
Fitness Games has informed the consumer about the late payment, the consumer is
allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this
14-day period, statutory interest will be payable over the sum owed and Beast Mode
Fitness Games has the right to charge reasonable extrajudicial costs of collection he has
incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to
€2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40.
Beast Mode Fitness Games can make departures from these sums and percentages that
are favorable to the consumer.

Article 16 – Complaints procedure
1. Beast Mode Fitness Games provides for a complaints procedure, that has been given
sufficient publicity, and will deal with a complaint in accordance with this complaints
procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must
submit any complaints to Beast Mode Fitness Games without delay, in full and with clear
descriptions.
3. A reply to complaints submitted to Beast Mode Fitness Games will be provided within a
period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint
will require a longer processing time, then Beast Mode Fitness Games will reply within 14
days, confirming receipt and indicating when the consumer can expect a more elaborate
reply.
4. The consumer should give Beast Mode Fitness Games a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint
becomes a dispute that is subject to the disputes settlement scheme.

Article 17 – Disputes
1. Contracts entered into between Beast Mode Fitness Games and a consumer and which
are subject to these general terms and conditions are subject to the law of the country
where the consumer is located.

Article 18 – Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

Appendix I: Model form for right of withdrawal
Model form for right of withdrawal
(this form should only be completed and returned if you want to withdraw from the contract)
– To: Beast Mode Fitness Games

Kastelenring 114
2261 HD Leidschendam
Netherlands
info@beastmodethegame.com

– I/we* herewith inform you that, in respect of our contract regarding
The sale of the following products: [description of the product}*
I/we* exercise our right of withdrawal.

– Ordered on*/received on* [date of ordering services or receiving goods]
– [Consumer(s)’ name]
– [Consumer(s)’ address]
– [Consumer(s)’ signature] (only if this form is submitted on paper)
– [Date]

*Delete or provide supplementary information, as applicable.