Privacy Policy

We, Bits Bodywear VOF ("Bits Bodywear"), are the owner of the www.bitsbodywear.com website (hereinafter referred to as the "Website"). We are committed to protecting your privacy and security. This Privacy policy describes how we deal with the personal data that we process via our website or application managed by us.

By visiting our website or providing your personal data, you are accepting and consenting to the provisions of this Privacy policy. All personal data collected and processed by us is handled in strict compliance with the European General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR").

Controller

The controller of the processing of the personal data is:

Bits Bodywear VOF, located in (1073 BG) Amsterdam at Albert Cuypstraat 239 1V, the Netherlands and registered at the Chamber of Commerce in the Netherlands with the number 72393610.

If you have any questions or remarks, please contact our customer experience department (hello@bitsbodywear.com).
What kind of personal data do we collect on our website?
1. Registration or information requests through our website
  
  When you register yourself in order to buy products or when you wish to receive information from our company, you can fill in a form on our website or send us an e-mail with your request for information.
  
  In the form on our website we ask you to provide the following (personal) data, including special personal data, if necessary, for providing our services: E-mail.
  
  If you send us an email with your request for information, we process the personal data and information provided in your email.
  
  We may combine the information you have provided with other information we have collected about you, both online and offline, including, for example your purchase history, your address, gender, prescription details and/or purchase date.
  
  We can also combine them with information that we receive from the following sources: public information sources and information from external parties. For example, Google, Facebook or Weather.org.
  
  If you provide us with personal data about another person, you declare that you are authorised to do so and that you allow us to use that information in accordance with this Privacy policy.
2. Automatically generated data
  
  When using our Website, your IP address can be registered or cookies or other technologies can be used. In addition, we can surf, search and/or click on the Website and on websites of advertisers (including the webshops affiliated with us) or tracking. The IP address is stored in a temporary log file. We also share information about your use of our website with our trusted social media, advertising and analysis partners, such as Facebook in respect of the Facebook pixel.
  
  A cookie is a small file that is sent along with pages of a website and stored by your browser on the hard disk of your computer. For example, cookie-related techniques are the use of fingerprints and scripts. With this data, sometimes personal data is stored or consulted. On the basis of this information you can be recognised on a later visit.
For which purpose and on which basis do we process the personal data?
1. We process personal data received from you, as laid out in article 2.1 (Registration or information requests through our website), for the following purposes:
2. We also share information about your use of our website with our trusted social media, advertising and analysis partners (e.g. Facebook in respect of the Facebook pixel).
3. We will only make personal data available to third parties that are involved in the execution of the user's order. These third parties process personal data according to our instructions and under our responsibility. This is recorded and a processor agreement is concluded with these parties. We do not pass on your personal data to other third parties unless we are legally obliged to do so.
4. We use the automatically generated information, as laid out in article 2.2 (Automatically generated data), and your company data and personal data, as laid in out in article 2.1 (Registration or information requests through our website), to conduct analyses for internal research and statistical, strategic purpose, all in an aggregated form ("aggregated information"). This aggregated information does not identify you nor the company. We use the aggregated information to optimise our Website and products and learn more about the use of our Website and products so we can improve them.
How long do we store and process the personal data?
1. Bits Bodywear shall process the personal data for a period of two years after your last order, or for as long as legally required or necessary and allowed for the purpose(s) for which it was obtained. Immediately after these periods we will destroy the personal data and/or anonymise them.
2. The criteria used to determine our retention periods include: (i) the duration of our ongoing relationship with you; (ii) whether or not there is a legal obligation to which we are subject; and (iii) whether or not custody is advisable due to our legal position (such as applicable limitation period(s), a court case or investigations by a supervisor).
3. Notwithstanding article 5.1, Bits Bodywear may process the personal data for a longer period (i) if you ask Bits Bodywear to keep data for a new two-year period, (ii) in order to comply with statutory retention periods (for example laid down in tax legislation) or (iii) in order to prove that it complies with applicable statutory obligations (for example with respect to the GDPR or e-mail marketing legislation).
With whom do we share the personal data?
1. Without prejudice to articles 3, 7.1 and 7.2, we don’t transfer any personal and/or personal data to any third party without your explicit permission, unless it is obliged to do so under applicable legislation or by order of the competent supervisory authority.
2. However, please note that we may transfer your personal data and the information to our local stores, as laid out in article 3.2.
3. Furthermore, we may employ other companies, so-called data processors, which process personal data solely on our behalf. Such data processors are only entitled to process the personal data needed to perform their services and activities, in accordance with our written instructions. The processors guarantee that they have implemented appropriate technical and organisational measures in such a manner that their processing meets the requirements of this Privacy policy and the GDPR, and ensures the protection of the rights of all data subjects. The processing of personal data by a processor shall always be governed by a written data processing agreement between us and the processor.
Your rights with respect to your personal data
1. You have the right to obtain our confirmation as to whether or not we process your personal data, on request. The personal details you provide when registering a client with us can be viewed and altered at anytime by you, on your account on the Website. You are also entitled to send our customer experience department (hello@bitsbodywear.com) a request to receive such information. Furthermore, you are entitled to send our customer experience department (hello@bitsbodywear.com) a request to access, receive, rectify or erase your personal data. We will process your request immediately and in accordance with the GDPR and we will send you a response without undue delay, at least within one month after the receipt of your written request.
2. You are entitled to object, on grounds relating to your particular situation, to our processing of your personal data at any time. We shall no longer process the personal data, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. We will send you a response without undue delay, at least within one month after the receipt of your written request.
3. If you have any complaints about our processing of your personal data or your request, you can contact our customer experience department (hello@bitsbodywear.com). If that doesn’t solve your complaints, you can, of course, always contact the Dutch supervisory authority (www.autoriteitpersoonsgegevens.nl) or the competent court in the Netherlands.
4. If you have any further questions or remarks, please contact our customer experience department (hello@bitsbodywear.com).
Cross-border transfer
1. Your personal data can be stored and processed in every country where we have facilities or service providers. By using our Services or by giving us permission (where required by law), your information may be transferred to countries other than the country in which you live, including the United States, where other data protection laws differing from those in your own country may apply. Appropriate contractual and other measures have been taken to protect personal data when sent to our subsidiaries or third parties in other countries.Some countries outside the European Economic Area (EEA) are recognized by the European Commission as countries where an appropriate level of data protection applies according to the EEA standards (the full list of these countries is available here). For transfers from the EEA to countries that in the opinion of the European Commission do not offer sufficient protection, we have ensured that adequate measures have been taken, among other things, by ensuring that the recipient is bound to EU standard data protection provisions, EU-US Privacy Shield certification or an EU-approved code of conduct or certification to protect your personal data. You may receive a copy of these measures by contacting our customer experience department (hello@bitsbodywear.com), as explained in Chapter 8 (Your rights with respect to your personal data) above.
2. Some countries outside the European Economic Area (EEA) are recognized by the European Commission as countries where an appropriate level of data protection applies according to the EEA standards (the full list of these countries is available here). For transfers from the EEA to countries that in the opinion of the European Commission do not offer sufficient protection, we have ensured that adequate measures have been taken, among other things, by ensuring that the recipient is bound to EU standard data protection provisions, EU-US Privacy Shield certification or an EU-approved code of conduct or certification to protect your personal data. You may receive a copy of these measures by contacting our customer experience department (hello@bitsbodywear.com), as explained in Chapter 8 (Your rights with respect to your personal data) above.
Third-party websites

Our website may contain (a number of) hyperlinks that lead to websites that are maintained by third parties. We cannot accept any responsibility for the content of these websites and for the way in which these websites deal with your data. Read the Privacy policy, if present, of the website you are visiting.
Revisions of this statement

Please note that this statement might be revised, for example due to revisions in the applicable legislation. The revised statement will be published on our website. We recommend checking our website and the Privacy policy on a regular basis. The last revision of this policy was made in May 2020.

Amsterdam, The Netherlands, May 2020

Terms & Conditions

General
1. Bits Bodywear VOF ("Bits Bodywear"), established in Amsterdam , Chamber of Commerce no. 72393610.
2. Customer: the person with whom Bits Bodywear has entered into an agreement.
3. Parties: Bits Bodywear and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Bits Bodywear.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Bits Bodywear.
2. Bits Bodywear is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Bits Bodywear could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products supplied conform to the sample or model.
Inspection

The buyer will be obliged to inspect, upon delivery of the products, if the right products have been delivered in the right quantity. Any defects in or damage to products and/or packaging which are or could be discovered upon delivery should be mentioned by the buyer on the delivery order, the invoice and/or the transport documents or should, if this is not done, be reported by the buyer to Bits Bodywear within 24 hours, followed by a detailed written confirmation of the complaint. If such complaints are not reported in time, the goods are deemed to have been received in good condition.
Consequences of late payment
1. If the customer does not pay within the agreed term, Bits Bodywear is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Bits Bodywear.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Bits Bodywear may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Bits Bodywear on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Bits Bodywear, he is still obliged to pay the agreed price to Bits Bodywear.
Right of recovery of goods
1. As soon as the customer is in default, Bits Bodywear is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Bits Bodywear invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Bits Bodywear, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation

Bits Bodywear does not offer the right for consumers to entirely cancel an order made via bitsbodywear.com. Bits Bodywear grants consumers the opportunity to adjust an order if the product count and order amount stays the same. This order adjustment needs to happen within 1hour of the initial order made via hello@bitsbodywear.com. It can only be made if products the consumer wants to be substituted with are in stock - otherwise the order can not be adjusted.

If an order adjustment requires an address to be changed, the consumer can let Bits Bodywear know via hello@bitsbodywear.com and the address will be changed. This does only apply if the request is made within 1hour after the initial order on bitsbodywear.com.
Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
1. Bits Bodywear can appeal to his right of retention of title and in that case retain the products sold by Bits Bodywear to the customer until the customer has paid all outstanding invoices with regard to Bits Bodywear, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Bits Bodywear.
3. Bits Bodywear is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement

The customer waives his right to settle any debt to Bits Bodywear with any claim on Bits Bodywear.
Retention of title
1. Bits Bodywear remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Bits Bodywear under whatever agreement with Bits Bodywear including of claims regarding the shortcomings in the performance.
2. Until then, Bits Bodywear can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Bits Bodywear invokes its retention of title, the agreement will be dissolved and Bits Bodywear has the right to claim compensation, lost profits and interest.
Delivery

Products will be delivered at the address specified by the buyer. Bits Bodywear will effect delivery within 30 (thirty) days, unless a different delivery period has been agreed upon. The delivery period (agreed or otherwise) will start when the supplier has received payment from the buyer.

If the delivery is delayed or if an order cannot be executed or can only be executed in part, the buyer will be informed of this within 30 days after having placed the order. In that case, the buyer will be entitled to dissolve the contract free of charge. If the buyer dissolves the contract for the reason mentioned above, the supplier will immediately refund the amount paid by the buyer. Bits Bodywear will be entitled to effect its deliveries in consignments. Unless the parties agree otherwise, the products will be dispatched in a manner to be determined by Bits Bodywear. Bits Bodywear will not be liable for any damage whatsoever related to the dispatch of the products. The buyer guarantees that the delivery address agreed upon is correct and complete and that the products can actually be delivered at that address. If delivery of the products appears to be impossible, the supplier will be at liberty to deliver the products, at the buyer's risk, at the most suitable location - in the opinion of the supplier and/or its transporter - in the immediate vicinity of the delivery address agreed upon, or to take the products back at the buyer's risk and expense, possibly store them elsewhere and/or possibly deliver them at a later time. The risk of the products to be delivered will pass to the buyer when the products are actually available to him or to a third party designated by him (not being the carrier).
1. Delivery takes place while stocks last.
2. Delivery takes place at Bits Bodywear unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Bits Bodywear has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Bits Bodywear.
Delivery period
1. Any delivery period specified by Bits Bodywear is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Bits Bodywear.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Bits Bodywear cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Bits Bodywear may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Bits Bodywear, failing which Bits Bodywear cannot be held liable for any damage.
Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.
Guarantee
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Exchange
Due to the sanitary nature of underwear, products can only be exchanged if they have been received faulty. In this case, the consumer is required to document the faults within 24hours of arrival via hello@bitsbodywear.com. The consumer is required to attach visuals that prove the faults that are being claimed.

The consumer will either be compensated for the amount purchased or offered a voucher of equal amount in return. The consumer is obliged to state their preference in the initial fault report.

Compensation or exchange will only happen, if:
1. The product is returned in its original packaging and with the original (price) tags still attached to it
2. The product has not been used
3. The product is returned within 5 days after Bits Bodywear has been notified about the fault
The cost of the return will be refunded by Bits Bodywear if the complete order is returned and an invoice with the shipping costs are made via hello@bitsbodywear.com 24hours after the return has been shipped. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Bits Bodywear will refund these costs to the consumer within 14 days of receipt of the timely return of the faulty product, provided that the consumer has returned the product in its original packaging and with the original (price) tags attached to it.

Products can not be returned due to faulty sizing. Products are also not defined as faulty, if the color changes slightly after washing them. We do our best to display product colors as close to reality as possible but do not take responsibility if color variations occur.
Indemnity

The customer indemnifies Bits Bodywear against all third-party claims that are related to the products and/or services supplied by Bits Bodywear.
Complaints
1. The customer must examine a product or service provided by Bits Bodywear as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Bits Bodywear of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Bits Bodywear of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Bits Bodywear is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Bits Bodywear being forced to perform other work than has been agreed.
Giving notice
1. The customer must provide any notice of default to Bits Bodywear in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Bits Bodywear (in time).
Joint and several Client liabilities

If Bits Bodywear enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Bits Bodywear under that agreement.
Liability of Bits Bodywear
1. Bits Bodywear is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Bits Bodywear is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Bits Bodywear is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Bits Bodywear is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period

Every right of the customer to compensation from Bits Bodywear shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
1. The customer has the right to dissolve the agreement if Bits Bodywear imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Bits Bodywear is not permanent or temporarily impossible, dissolution can only take place after Bits Bodywear is in default.
3. Bits Bodywear has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Bits Bodywear good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Bits Bodywear in the fulfillment of any obligation to the customer cannot be attributed to Bits Bodywear in any situation independent of the will of Bits Bodywear, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Bits Bodywear.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Bits Bodywear cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Bits Bodywear can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Bits Bodywear does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. Bits Bodywear is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Bits Bodywear with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer can not transfer its rights deferring from an agreement with Bits Bodywear to third parties without the prior written consent of Bits Bodywear.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Bits Bodywear had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Bits Bodywear is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 23 May 2020, Amsterdam, the Netherlands.

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