Terms of service

Article 1 – Definitions

The following terms, when capitalized, have the meanings defined below unless the context clearly indicates otherwise:

“Cooling-off Period” means the period during which the Consumer may exercise the right of withdrawal.

“Consumer” means the natural person not acting in the course of a profession or business who enters into a contract with The Plunge.

“Day” means a calendar day.

“Right of Withdrawal” means the Consumer’s right to withdraw from the contract within the Cooling-off Period.

“Agreement” means any arrangement or contract concluded between The Plunge and the Consumer, of which these Terms and Conditions form an integral part.

“Product” means all goods offered by The Plunge, including but not limited to ice baths and related accessories.



Article 2 – General

 

  • These Terms and Conditions apply to every offer made by The Plunge and to every distance contract and order concluded between The Plunge and the Consumer.

  • Before concluding an Agreement, the text of these Terms and Conditions will be made available to the Consumer.

  • If the Agreement is concluded electronically, the text of these Terms and Conditions shall be made available to the Consumer electronically in such a way that it can easily be stored on a durable medium.

 

 

 

Article 3 – Identity of the Entrepreneur

 

  • Company name: Hodivision BV, trading as The Plunge

  • Address: Pompstraat 37/401, 2000 Antwerp, Belgium

  • Email: support@theplunge.eu

  • Company registration number: 1019830680

  • VAT identification number: BE1019830680

 

 

 

Article 4 – Applicability

 

  • These Terms and Conditions apply to every offer from The Plunge and every distance Agreement concluded between The Plunge and the Consumer.

  • Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, The Plunge shall indicate how these Terms can be accessed and that they will be provided free of charge upon request.

  • If, in addition to these Terms and Conditions, specific product or service terms apply, those terms shall also apply, and in the event of conflicting provisions, the Consumer may rely on the most favorable clause.

 

 

 

Article 5 – The Offer

 

  • Each offer contains a complete and accurate description of the Products and/or Services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. The Plunge uses images that truthfully represent the Products and/or Services.

  • Obvious mistakes or typographical errors in the offer do not bind The Plunge.

  • Each offer clearly specifies the rights and obligations involved in acceptance, including the total price (including taxes), shipping costs, method of execution, and whether the Right of Withdrawal applies.

 

 

 

Article 6 – The Agreement

 

  • The Agreement is concluded at the moment the Consumer accepts the offer and meets the associated conditions.

  • The Plunge will immediately confirm receipt of the Consumer’s acceptance electronically. Until this confirmation is received, the Consumer may dissolve the Agreement.

  • The Plunge takes appropriate technical and organizational measures to secure electronic data transfer and ensures a safe online environment. If the Consumer can pay electronically, The Plunge shall implement suitable security measures.

  • Within legal limits, The Plunge may verify whether the Consumer can meet payment obligations, as well as other relevant factors. If The Plunge has good reason not to proceed, it may refuse an order or attach special conditions to its execution.

 

 

 

Article 7 – Right of Withdrawal

 

  • When purchasing Products, the Consumer has the right to withdraw from the Agreement without giving reasons within 14 days. This period starts on the day after receipt of the Product by the Consumer or a representative previously designated to The Plunge.

  • During the Cooling-off Period, the Consumer must handle the Product and packaging with care. The Product may only be unpacked or used to the extent necessary to determine whether the Consumer wishes to keep it.

 

 

 

Article 8 – Obligations of the Consumer During the Cooling-off Period

 

  • To exercise the Right of Withdrawal, the Consumer must notify The Plunge within the Cooling-off Period via the model withdrawal form or by another clear statement.

  • As soon as possible, but no later than 14 days after this notification, the Consumer must return the Product to The Plunge or hand it over to an authorized representative. This must be done with all supplied accessories, in original condition and packaging, following the reasonable and clear instructions provided by The Plunge.

 

 

 

Article 9 – Costs in Case of Withdrawal

 

  • If the Consumer exercises the Right of Withdrawal, only the direct cost of returning the Product will be borne by the Consumer.

  • If the Consumer has made a payment, The Plunge will refund this amount as soon as possible, but no later than 14 days after cancellation. The refund will be made using the same payment method unless the Consumer agrees otherwise.

  • If the Consumer selected a more expensive delivery option than the standard one, The Plunge is not required to refund the additional cost.

 

 

 

Article 10 – Exclusion of the Right of Withdrawal

 

  • The Plunge may exclude the Right of Withdrawal for certain Products, as described below, only if clearly stated in the offer or before the Agreement is concluded.

  • Exclusion is possible for Products:

     

    • made to the Consumer’s specifications;

    • clearly personal in nature;

    • that cannot be returned due to their nature;

    • that may spoil or age rapidly;

    • whose price is subject to fluctuations beyond The Plunge’s control;

    • newspapers or magazines;

    • audio/video recordings or computer software whose seal has been broken by the Consumer.

     

 

 

 

Article 11 – Delivery and Execution

 

  • The Plunge shall exercise the utmost care in receiving orders and executing Product deliveries.

  • The delivery address is the address provided by the Consumer to The Plunge.

  • Accepted orders will be executed with due speed but no later than 30 days, unless another delivery term is agreed upon. If delivery is delayed, The Plunge will inform the Consumer as soon as possible. The Consumer may then terminate the Agreement at no cost.

  • If delivery of a Product proves impossible, The Plunge will make reasonable efforts to provide a replacement item. This will be clearly communicated to the Consumer upon delivery. The Right of Withdrawal applies to replacement items. Return shipping in this case is at The Plunge’s expense.

  • The risk of damage or loss of Products rests with The Plunge until delivery to the Consumer or a representative designated by the Consumer, unless expressly agreed otherwise.

 

 

 

Article 12 – Payment

 

  • Unless otherwise agreed, payments must be made within 14 days after the start of the Cooling-off Period mentioned in Article 7.

  • The Consumer must immediately report any inaccuracies in payment details to The Plunge.

  • In the event of non-payment, The Plunge is entitled, subject to legal limitations, to charge reasonable costs previously communicated to the Consumer.

 

 

 

Article 13 – Complaints Procedure

 

  • The Plunge maintains a clearly defined complaints procedure and handles complaints accordingly.

  • Complaints about the execution of the Agreement must be submitted promptly, fully, and clearly described to The Plunge after the Consumer has identified the issue.

  • Complaints received will be answered within 14 days of receipt. If more time is required, the Consumer will be informed within 14 days with an estimated response time.

  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

 

 

 

Article 14 – Disputes

 

  • All Agreements between The Plunge and the Consumer to which these Terms and Conditions apply are governed exclusively by Belgian law.

  • Disputes between the Consumer and The Plunge concerning the formation or execution of Agreements may be submitted to the competent court in Antwerp, unless the law expressly designates another court as competent.

 

 

 

Article 15 – Additional or Deviating Provisions

 

  • Any additional or deviating provisions must not be to the detriment of the Consumer and must always be recorded in writing or in a way that allows the Consumer to store them on a durable medium.

 

 

 

Article 16 – Intellectual Property

 

  • The Consumer expressly acknowledges that all intellectual property rights relating to displayed information, communications, or other expressions concerning the Products or the website belong to The Plunge, its suppliers, or other rightful owners.

  • It is prohibited to use, copy, or reproduce any brand names, logos, photos, texts, designs, layouts, or other materials of The Plunge without prior written consent.

 

 

 

Article 17 – Liability

 

  • The Plunge is not liable for any damage resulting from reliance on incorrect or incomplete information provided by or on behalf of the Consumer.

  • The Plunge accepts no liability for any damages resulting from the use of its Products, unless caused by intent, gross negligence, or willful misconduct on the part of The Plunge. In all cases, liability is limited to the value of the ordered and delivered Product.

  • The Plunge is not responsible for any temporary or permanent damage or defects to your computer or data resulting from visiting or using the website.