GENERAL TERMS & CONDITIONS FITMARK.EU
1. LEGAL STATEMENT
1.1 By using the fitmark bags EU website - operated by FIT TRADING EU, Zwerggasse 8, 8055 Seiersberg, Austria (in the following text named "FT“) and by ordering products via the website or by phone, you are agreeing to be bound by the general terms & conditions set out underneath. If you do not agree with these general terms and conditions without modification, then you should not use this website.
1.2 FT provides its services exclusively on the basis of these General Terms and Conditions. They also apply to all future business relations, even if no express reference is made to them.
1.3 The Terms and Conditions may be changed anytime by FT and apply in each case as at the time of order.
2. CLOSURE OF PURCHASE CONTRACT AND DELIVERY COSTS
2.1 Claims from FT on the website or in other media do not state any final offers, they state however an invitation to a possible offer for customers. An order by a customer becomes a valid offer when a purchase is completed. When an order is placed by a customer they receive a confirmation per email. This confirmation does not incur that the offer has been accepted by FT. The purchase is only classed as final when the delivery confirmation of the ordered products is sent by FT.
2.2 All product prices at fitmark EU store are gross prices, include the legal sales tax and are stated in Euros. The prices include VAT and all incurred expenses at the time of the order until otherwise revoked.
2.3 FT reserves the right to withdraw from the sales contract in cases of print or wording mistakes on the website.
2.4 The customer has a cancellation right without reason with a withdrawal period of 15 days whereby Saturdays do not classify as work days. The period starts from the day of receipt of the products by the customer. It is sufficient when the withdrawal explanation is send during this period. The customer has no right to cancel for used products or on purchases of audio or video recordings if these are seen as being „opened“ by the customer.
2.5 Should the customer withdraw from the contract, FT will return monies paid by the customer within 30 days. If the customer should wish they can also use the paid sum as a credit on other products instead. FT uses a logistics-center for the fulfillment of the good. The return shipment address for goods ist he following: wobbex Ltd. & CO KG, c/o fitmark, Mitterstrasse 33, 8055 Graz / Austria.
2.6 The resulting return costs of sending a product back have to be paid by the customer. If the customer wishes to make an exchange then the delivery costs for sending out the new product will be covered by FT. Should FT send the customer an incorrect or faulty product then FT will pay the return delivery costs back to the customer within 14 days of receipt of the return.
2.7 All offer are valid as long as stocks last. Should a supplier despite contractual agreement with FT not be able to deliver the ordered products then FT has the right to cancel a contract with a customer. In this case the customer will be informed in good time that the ordered product cannot be delivered. Any already paid monies will be returned within 14 days of cancellation to the customer or used for other products if this is the wish of the customer.
2.8 Customers from Switzerland can order at fitmark EU store minus sales tax. The removal of the land specific taxes is in charge of the customer and is not under the responsibility of FT. Eventually incoming extra charges have to be paid the customer.
3. PAYMENT AND LATE PAYMENTS
3.1 All product prices at fitmark EU store are gross prices, include the legal sales tax and are stated in Euros. The prices include VAT and all incurred expenses at the time of the order until otherwise revoked.
3.2 The retail price is payable upon placement of an order.
3.3 The customer can pay the order sum via the PayPal Paymentsystem on our website or directly via the payment interface of VISA and MASTERCARD (PayMill). Additionally customers have the option to use „pre-payment“ as payment option and „Sofortüberweisung“.
3.4 Unless fully paid the good shall remain the property of FT.
3.5 Should the customer delay in paying, FT has the right to charge interest on the delayed payment to the level of 10%. FT has the right to add additional costs for encashment.
4. DELIVERY CONDITIONS
4.1 Should nothing different be requested by the customer then the delivery address entered by the customer will be used through our logistic partnes like the Austrian Post, DHL, DPD, UPS or similar companies
4.2 The acceptance of orders is subject to the delivery options. The availability of the items specified refers to household quantities. In order quantities that exceed the stock levels, can come about significantly higher delivery times. FT reserves the right to deliver or to be in charge lesser amounts. FT will notify the customer immediately about delivery delays or shortages of goods. Claims for damages are excluded when not enough stored goods or delay in delivery.
4.3 When exceeded delivery times, the buyer may, at the written deadline by at least 2 weeks to withdraw from the contract if FT exceeds this time limit.
4.3 If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
4.4 The delivery is sent from the FT stock, the same location where the delivery starts with the delivery company. When the order is in the hands of the delivery company, at the latest when it leaves FT stock, the risk is in the hands of the customer. The risk is also in the hands of the customer if there is a delay in the delivery due to reasons caused by not being present upon delivery.
4.5 Delivery and performance mistakes due to acts of God are not the responsibility of FT. The results of outside influences give FT the right to delay a delivery or to cancel non completed parts of orders. Acts of God include strike, blockades, import and export restrictions and other national interventions regardless whether they effect directly FT or distributors to FT.
4.6 In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
5.1 The guarantee period covers 2 years and begins the day the customer accepts the product.
5.2 Claims against FT regards a manufacture guarantee are legally excluded. Requirements in line with a manufacturer guarantee can only be claimed against the manufacturer and not FT.
5.3 The guarantee is not valid against wear and tear caused by normal daily use of a product.
5.4 Should a product be faulty or damaged then FT is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If FT is not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected then the customer is entitled to cancel his purchase or to ask for an appropriate reduction from the retail price.
5.5 If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then FT will bill the customer the costs of carrying out a warranty claim and returning the product to the customer.
6.1 FT uses reasonable endeavours to make the fitmark EU site easy to use and free of problems. FT makes no (and expressly disclaims all) warranties or representations of any kind, express or implied by operation of law or otherwise including but not limited to warranties of satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness and/or currency, with respect to this site or its contents including but not limited to all information accessible via this site, products and materials, text graphics, hyperlinks and with respect to sites accessed from the fitmark EU website.
7.1 FT is only liable for witful intent and gross negligence, simple negligence is excluded from liability. This does not include damage to the person.
7.2 Liabilities are so by law otherwise provided, limited to the amount of the invoice.
7.3 FT not liable for the misuse of passwords of the buyer by a third party.
7.4 FT is not responsible for websites that are linked through websites of fitmark EU. Particularly liable FT not apply to transactions that come with partner platforms materialize.
8. APPLICABLE LAW AND JURISDICTION
8.1 The place of performance is both FT as well as for the buyer Graz, Styria, Austria, agreed.
8.2 This web site was created and is served from Austria, Austrian law therefore governs it and should any legal discrepancy occur, it will be dealt with in an Austrian court of law.
8.3 If the customer has not general legal jurisdiction in his/her country, has changed residence since the purchase contract was made or has a temporary residence in another country or his/her residence is not fixed/known at the time of the suit, then Graz will be applied as the jurisdiction for any disputes arising as a result of a contract.
9. SEVERABILITY CLAUSE
9.1 Should certain terms of the current contract be ineffective or unfeasable or after contract closure be ineffective or unfeasable, then the validity of the contract still remains unchanged. The above stated terms satisfy in the case that a contract is incomplete.