These terms and conditions apply to all purchases from Fit-It GmbH[Link to “Imprint”] that are made by private customers.
Private customers in this sense are people with residence and delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to their commercial or independent professional activity.
Business customers are asked to place orders on the order pages accessible via the business customer login [link to business customer login].
The presentation of our goods and the granting of the possibility to place an order is on our part a concrete offer for the conclusion of a purchase contract.
By placing your order, you accept the offer and the purchase contract has been concluded.
You will receive an order confirmation by e-mail to the e-mail address you provided.
The prices awarded are final prices including sales tax. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods(s) you ordered. You can find out more about the details at [Link to “Shipping costs”]. We will bear the regular return shipping costs that arise if you return the goods when you exercise your right of cancellation [link to “right of cancellation”]. If you exercise your right of withdrawal, we will also refund you the shipping costs.
Payment is made upon delivery via
– Amazon Pay
– Apple Pay
– Google Pay
- Credit card
- Direct debit
If you default on payment, Fit-It GmbH is entitled to charge default interest of 5 percentage points above the base interest rate per annum announced by the German Federal Bank for the time of the order. If Fit-It GmbH can be proven to have incurred higher damages due to the delay, Fit-It GmbH is entitled to claim this.
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(1) Delivery is to the delivery address specified by the customer, within – Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Fit-It GmbH's obligation to provide performance is excluded. Amounts already paid will be refunded immediately by Fit-It GmbH.
(3) Fit-It GmbH can also refuse the service if this requires an effort that, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Amounts already paid will be refunded immediately by Fit-It GmbH.
(4) Bulky goods (packages with a volume larger than 1 µm) were generally preferred by shipping company. Fit-It GmbH expressly points out that this does not come into the house.
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
(2) To return the item, please use the fully stamped and addressed return label enclosed with the delivery of the goods. This is the easiest and most cost-effective shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be required to pay us the increased costs compared to a cheaper shipping method.
(1) If a product is already defective upon delivery (warranty case), Fit-It GmbH will, at the customer's discretion, replace it with a defect-free product at Fit-It GmbH's expense or have it professionally repaired (subsequent performance). The customer is advised that there is no warranty claim if the product had the agreed quality when the risk was transferred. There is no warranty claim in particular in the following cases:
(2) Fit-It GmbH also provides no liability for errors caused by improper repairs by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, taking into account the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's interest in performance - in particular the value the purchased item is in a defect-free condition, the significance of the defect and the question must be taken into account as to whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. The right of Fit-It GmbH to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the case of repair as well as in the case of replacement delivery, the customer is obliged to send the product to the return address provided by Fit-It GmbH at the expense of Fit-It GmbH, stating the order number. Before sending it in, the customer must remove any items he has inserted from the product. Fit-It GmbH is not obliged to inspect the product for the installation of such items. Fit-It GmbH is not liable for the loss of such items, unless it was readily apparent to Fit-It GmbH when the product was taken back that such an item had been inserted into the product (in this case Fit-It GmbH informs the customer and keeps the item ready for the customer to pick up; the customer bears the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the product's system software, applications and all data on a separate storage medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired product or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in to receive a replacement product, the return of the defective product is based on the following stipulations: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer has the value of the amount withdrawn to reimburse usage. The customer must pay compensation for any loss or further deterioration of the goods that is not due to the defect, as well as for the impossibility of returning the goods in the period between delivery of the goods and the return of the goods, which is not due to the defect. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty claim,
(6) The customer's liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions.
(7) The customer can, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not result in the product being in a condition that complies with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) The statutory warranty from Fit-It GmbH ends two years from delivery of the goods. The deadline starts once goods are received.
(1) In the case of slight negligence, Fit-It GmbH is only liable for the violation of essential contractual obligations and is limited to foreseeable damage. This restriction does not apply to injury to life, body or health. Fit-It GmbH is not liable for any other damage caused by slight negligence due to a defect in the purchased item.
(2) Regardless of whether Fit-It GmbH is at fault, Fit-It GmbH's liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent the assumption of a guarantee by Fit-It GmbH.
(3) Fit-It GmbH is also responsible for the impossibility of delivery that occurs accidentally during the delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of legal representatives, vicarious agents and employees of Fit-It GmbH for damage caused by them through slight negligence is excluded.
The contract concluded between you and Fit-It GmbH is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory regulations of the country in which you have your habitual residence remain unaffected
If, contrary to what you stated when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [operator's registered office of the online shop].
General information requirements for alternative dispute resolution according to Article 14 Paragraph 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this will not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.