General Conditions FitForMe LLC
Table of contents
- Entity Information
- Terms and Conditions
- Service Agreement
- Returns and Exchanges
- Associated Return and Exchange Fees
- Obligations of FitForMe in the case of Return or Exchange
- FitForMe Product Exclusion from Return of Exchange
- Subscription Cancellation and Order Changes
- Applicable law and competent court
Appendix 1: Template form for cancellation
1. Company Info: Fit For Me LLC
Business name: FitForMe LLC,
Address: 3441 West Mac Arthur Blvd Santa Ana, CA 92704
Customer Service Telephone Number: 877-704-0847
Available on business days from 8:00 am - 5:00 pm (PST)
E-mail address: email@example.com
2. Terms and Conditions
2.1 These general terms and conditions (hereinafter: Conditions) are applicable on every offer of the FitForMe, LLC (hereinafter referred to as FitForMe) and each agreement and legal relationship between you and FitForMe.
2.2 Deviations from and additions to these Conditions must be specifically agreed upon. You cannot derive any rights for future transactions from any agreed-upon deviations.
3. Service Agreement
3.1 All offers and quotations from FitForMe are without obligation (unless otherwise stated) and FitForMe expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations (but in that case you have the option to cancel the order free of charge).
3.2 If you place an order via our website, the agreement with FitForMe will only come into effect after FitForMe has confirmed the acceptance (and not only the receipt) of the order.
3.3 If the agreement is concluded electronically, FitForMe will take appropriate technical and organizational measures to secure the electronic transfer of data. FitForMe will ensure a secure web environment. If the consumer pays electronically, FitForME, LLC will observe appropriate security measures.
3.4 FitForMe is entitled to refuse orders, or attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, FitForMe will communicate this within two working days after receipt of the order.
3.5 Obvious mistakes or errors in the offer does not bind FitForMe.
3.6 If you have accepted the offer electronically, FitForMe will immediately electronically confirm the receipt of the order and eventually the acceptance of the order by FitForMe. As long as the receipt and acceptance have not been confirmed by FitForMe, you can still terminate the agreement.
3.7 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the items delivered by FitForMe.
4. Return and Exchange Policy
4.1 If you do not wish to purchase a product for any reason, you have the right to return the product to FitForMe within 14 (fourteen) days after delivery of the product (or if applicable, after delivery of the last product within one order). FitForMe is not responsible for transport costs of the return shipment.
4.2 Returns are not accepted if:
a. the packaging seal is broken or damaged;
b. the product has been used;
c. you have attempted to repair a defect;
d. the instructions and/or manual have not been followed.
4.4 A refund always takes place withholding of the shipping costs charged as far as you have not paid the costs for the return shipment yourself.
5. Product Condition for Returns or Exchange
5.1 Once you have notified FitForMe of your return or exchange, carefully handle the product and packaging. You may only unpack the product to the extent necessary to determine the nature and characteristics of the product. You may only handle and inspect the product as you would be allowed to do in a store.
5.2 You may not break the seal of products sealed for reasons of health protection or hygiene. Doing so will make the product eligible for return or exchange.
6. Returns and Exchange Associated Costs
6.1 If you wish to return or exchange your product notify FitForMe within the allotted 14 (fourteen) day return period from which your product was purchased. You can submit your request by form online or contact FitForMe customer service for directions.
6.2 Notify FitForMe of your return within 14 (fourteen) days from the day your order was placed per Article 6.1, you should then return the product in acceptable condition per Article 4.2 to FitForMe. Note: Your return is within compliance if it is filed within the 14 (fourteen) day return period.
6.3 You return the product with all delivered accessories, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by FitForMe, per Article 4.2.
6.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies client.
6.5 FitForMe is not responsible for the loss of product or cost of shipment for returns or exchanges. The client is responsible for any costs assocated with return or exchange.
7. Obligations of FitForMe in the case of Return or Exchange
7.1 FitForMe will reimburse all payments that you have made when you purchased the product (not including any delivery costs that FitForMe has charged you to deliver the product) without delay but within 14 days from which your order was placed. FitForMe will refund your payments only if the product is in original condition, not used, unopened, and the packaging seal has not been broken.
7.2 If you have opted for special, expedited, or any delivery method other than standard delivery, FitForMe is not responsible for the reimbursement of additional costs associated with the selected delivery method.
7.3 FitForMe will refund your products once received.
7.4 FitForMe will credit the account from which payment has been received while purchasing. The reimbursement is free of charge for you.
8. FitForMe Product Excluded from Return or Exchange
8.1 FitForMe can exclude the following products from return or exchange:
a. Sealed products for reasons of health protection and hygiene are not suitable to be returned or exchange. Products are eligible for return if the product seal has been broken after delivery.
9.1 The prices for the offered products are in U.S. dollars.
9.2 Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
9.3 Price increases from three months after the conclusion of the agreement are only permitted if FitForMe has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
10.1 FitForMe will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
10.2 If you provide FitForMe with an address in writing, FitForMe is entitled to send all orders to that address, unless you provide FitForMe with a written notice of another address to which your orders should be sent.
10.3 FitForMe will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order can not or only partially be executed, you will receive a message no later than 30 days after you placed the order. You have the right to terminate the agreement without costs to dissolve.
10.4 After dissolution in accordance with the previous paragraph, FitForMe will immediately repay the amount you have paid.
10.5 The risk of damage and/or loss of products rests with FitForMe until the moment your order is delivered to you.
11. Subscription Cancellation and Order Changes
11.1 You can cancel your subscription to (FitForMe Loyalty Program) at any point in time, this includes and regular delivery of products. Contact a FitForMe representative with your request by phone to make a change or cancellation. Agreed cancellation rules and policy require that you provide notice of at least 3 weekdays, prior to your subscription delivery by FitForMe.
12.1 Unless otherwise stipulated in the agreement or additional conditions, you must pay the amount owed by you prior to delivery.
12.2 You have the duty to notify FitForMe immediately of inaccuracies in the payment details provided or stated.
13.1 If FitForMe permits deviations from these Conditions for a short or longer period of time, tacitly or otherwise, this shall not affect its right to demand immediate and strict compliance with these Conditions.
13.2 FitForMe is authorized to use third parties in the execution of your order(s).
14.1 You can submit any disputes with FitForMe online at firstname.lastname@example.org.
FitForMe is, however, not obliged to comply with that manner of dispute resolution.
15. Applicable law and competent court
15.1 Laws practiced in the United States and The Netherlands apply to all agreements and legal relationships to which these Conditions apply.
15.2 The provisions of the Vienna Sales Convention are not applicable, nor is any future international regulation regarding the purchase of movable property the effect of which can be excluded by the parties.
15.3 All disputes between you and FitForMe resulting from, or related to, agreements and legal relationships to which these Conditions apply, will be submitted by FitForMe to the competent court in Orange County, California Before FitForMe brings a dispute with you before the court, you will have five weeks to decide whether to settle the dispute by the competent court according to the law.