Scope

These General Terms and Conditions (GTC) apply to all purchases made by private customers from Fit-It GmbH (Imprint ). For the purposes of these terms and conditions, private customers are defined as individuals residing and having a delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to their commercial or self-employed professional activity. Business customers are requested to place their orders via the order pages designated for business customers [Link to Business Customer Login].

Conclusion of contract

The presentation of our goods and the option to place an order constitute a binding offer on our part to conclude a purchase agreement. By placing your order, you accept this offer, and the purchase agreement is thus concluded. You will receive an order confirmation by email to the email address you provided.

Prices and shipping costs

The prices quoted are final prices including VAT. The price applicable is the one displayed at the time of your binding order. Shipping costs will be added, depending on the shipping method, as well as the size and weight of the goods you order. Details can be found below. We will cover the regular return shipping costs incurred if you exercise your right of withdrawal. If you exercise your right of withdrawal, we will also refund your shipping costs.

payment

Payment is made upon delivery via:

• Amazon Pay
• Apple Pay
• Google Pay
• credit card
• Direct debit
• The invoice
• Giropay
• Paydirekt
• PayPal
• Klarna
• Skrill

Payment default

If you default on payment, Fit-It GmbH is entitled to charge default interest at a rate of 5 percentage points above the base interest rate per annum published by the German Federal Bank (Deutsche Bundesbank) at the time of the order. If Fit-It GmbH can prove that it has incurred higher damages due to the default, it is entitled to claim these damages.

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

1. Delivery will be made to the delivery address specified by the customer within Germany.
2. If force majeure (natural disasters, war, civil war, terrorist attack) renders delivery or any other service permanently impossible, Fit-It GmbH is released from its obligation to perform. Any amounts already paid will be refunded by Fit-It GmbH immediately.
3. Fit-It GmbH may also refuse performance if it would require an effort that, considering the content of the purchase agreement and the principles of good faith, is grossly disproportionate to the customer's interest in the fulfillment of the purchase agreement. Any amounts already paid will be refunded by Fit-It GmbH immediately.
4. Bulky goods (packages with a volume greater than 1 m³) are generally delivered by freight carrier. Fit-It GmbH expressly points out that these deliveries will not be carried into the house.

Affordable shipping method for returns

1. When returning goods and accessories, please use the original packaging if possible, even if it has been damaged by opening it for functional testing.
2. Please use the prepaid and addressed return label included with your delivery for returns. This is the simplest and most cost-effective shipping option. You are not obligated to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be required to pay the increased costs compared to a cheaper option.

Warranty rights

1. If a product is defective upon delivery (warranty claim), Fit-It GmbH will, at the customer's option and at Fit-It GmbH's expense, either replace it with a defect-free product or have it professionally repaired (subsequent performance). The customer is advised that no warranty claim exists if the product had the agreed-upon condition at the time of the transfer of risk. In particular, a warranty claim does not exist in the following cases: a. Damage caused by misuse or improper use by the customer. b. Damage caused by the products being exposed to harmful external influences by the customer (especially extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
2. Furthermore, Fit-It GmbH does not provide any warranty for defects caused by improper repairs carried out by a service partner not authorized by the manufacturer.
3. If the type of remedy requested by the customer (replacement or repair) requires an effort that, considering the product price, the content of the contract, and the principles of good faith, is grossly disproportionate to the customer's interest in performance – taking into account, in particular, the value of the purchased item in a defect-free condition, the significance of the defect, and whether the other type of remedy can be used without significant disadvantages for the customer – the customer's claim is limited to the other type of remedy. Fit-It GmbH's right to refuse even this other type of remedy under the aforementioned conditions remains unaffected.
4. In both the case of repair and replacement, the customer is obligated to send the product to the return address provided by Fit-It GmbH at the customer's expense, quoting the order number. Before sending the product, the customer must remove any items they have inserted into it. Fit-It GmbH is not obligated to inspect the product for such items. Fit-It GmbH is not liable for the loss of such items unless it was readily apparent to Fit-It GmbH upon receipt of the returned product that such an item had been inserted (in which case Fit-It GmbH will inform the customer and hold the item for collection; the customer will bear the associated costs). Furthermore, before sending a product for repair or replacement, the customer must, if necessary, create separate backup copies of the product's system software, applications, and all data on a separate storage medium and deactivate all passwords. No liability is assumed for data loss. Likewise, it is the customer's responsibility, after the repaired product or replacement product has been returned to him, to install the software and data and reactivate the passwords.
5. If the customer sends in the goods to receive a replacement product, the return of the defective product is governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, they must reimburse the value of any benefits derived from their use. The customer must provide compensation for any loss or further deterioration of the goods not caused by the defect, as well as for any impossibility of returning the goods during the period between delivery and return, provided this impossibility is not caused by the defect. The customer is not required to provide compensation for deterioration of the goods resulting from their intended use. Furthermore, the obligation to provide compensation for the return of a defective product under warranty does not apply if: a. the defect justifying withdrawal from the contract only became apparent during processing or modification; b. Fit-It GmbH is responsible for the deterioration or loss, or the damage would have occurred even if Fit-It GmbH had acted on the part of Fit-It GmbH; c. if the deterioration or loss occurred at the customer's premises despite the customer exercising the same care that he or she usually applies in his or her own affairs.
6. The customer's liability for damages in the event of a breach of the return obligation attributable to the customer is governed by the statutory provisions.
7. The customer may, at his option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in a condition compliant with the contract within a reasonable period.
8. Furthermore, claims may also exist against the manufacturer under a warranty provided by the manufacturer, which are governed by the relevant warranty conditions.
9. Fit-It GmbH's statutory warranty expires two years after delivery of the goods. The period begins upon receipt of the goods.

Liability

1. In cases of slight negligence, Fit-It GmbH is liable only for breaches of essential contractual obligations and only up to the amount of foreseeable damages. This limitation does not apply to damages resulting from injury to life, body, or health. Fit-It GmbH is not liable for any other damages caused by slight negligence due to a defect in the purchased item.
2. Regardless of any fault on the part of Fit-It GmbH, Fit-It GmbH's liability for fraudulently concealing a defect or arising from the assumption of a guarantee remains unaffected. The manufacturer's warranty is a warranty provided by the manufacturer and does not constitute a guarantee assumed by Fit-It GmbH.
3. Fit-It GmbH is also responsible for the impossibility of delivery that occurs by chance during its delay, unless the damage would have occurred even if delivery had been made on time.
4. The personal liability of the legal representatives, vicarious agents and employees of Fit-It GmbH for damages caused by slight negligence is excluded.

Applicable law

The contract concluded between you and Fit-It GmbH is governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.

Jurisdiction

If, contrary to your statements when placing the order, you do not have a residence in the Federal Republic of Germany, or if you move your residence abroad after conclusion of the contract, or if your residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the registered office of the operator of the online shop.

Dispute resolution

General information obligations regarding alternative dispute resolution pursuant to Article 14(1) of the ODR Regulation and Section 36 of the German Consumer Dispute Resolution Act (VSBG): The European Commission provides a platform for online dispute resolution (ODR), which you can find at the following address: http://ec.europa.eu/consumers/odr/ . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

1. Should individual provisions of this contract be or become wholly or partially invalid or void, the validity of the remaining provisions shall remain unaffected, provided that no contracting party is thereby unreasonably disadvantaged.
2. Any changes or additions to this contract must be in writing.