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Information on the seller

FitForMe B.V.
FIRST Rotterdam
Weena 784 - 18th floor
3014 DA Rotterdam
the Netherlands

Chamber of Commerce: 24.37.52.70
VAT: NL.8145.94.219.B01

FitForMe customer service is at your disposal for any general enquiries or complaints you may have:

Available from Monday to Friday (8.30 - 17.30)
E-mail: info@fitforme.co.uk
Website: www.fitforme.co.uk

FitForMe Terms and Conditions FitForMe BV

FitForMe BV, FIRST Rotterdam, Weena 784 - 18th floor, 3014 DA Rotterdam Netherlands, below: User.

Index:


Article  1 – Definitions
Article  2 – General Provisions
Article  3 – Conclusion of the contract
Article  4 – Delivery
Article  5 – Guarantee
Article  6 – Provision for exercising the right of withdrawal
Article  7 – Samples and models
Article  8 – Retention of title
Article  9 – Evaluation, complaints
Article 10 – Transfer of risk
Article 11 – Changes to prices
Article 12 – Payment
Article 13 – Suspension and termination
Article 14 – Safeguard clause
Article 15 – Intellectual Property and Copyright
Article 16 – Responsibility
Article 17 – Force Majeure

Article 1 – Definitions



  1. In these conditions the following terms are used as defined below, except where indicated otherwise.
    User: the person subject to these general conditions, FitForMe BV
    The Contractor: the party, specifically a person who is acting in a private capacity and not in pursuance of a profession or a business.
    Contract: the contract between FitForMe BV and the contractor;
    The purchase by the contractor: the purchase agreement relating to any FitForMe BV products, entered into between FitForMe BV and the contractor, specifically a person who is acting in a private capacity and not in pursuance of a profession or a business.

Article 2 – General Provisions



  1. These conditions are valid for any offer, quotation and contract concluded between FitForMe BV and a contractor, to the extent that FitForMe BV has declared valid and the parties have not rejected explicitly and in writing.
  2. Also, these terms are valid for contracts with FitForMe BV, the execution of which requires the involvement of third parties.
  3. Any exceptions to the provisions of the present general conditions are valid only where such exceptions have been explicitly agreed in writing. (See also: Provisions referred to in point 1).

Article 3 – Conclusion of the contract



  1. The contract is concluded by acceptance of the offer FitForMe BV by the contractor within the time allowed.

Article 4 – Delivery



  1. Except for the cases where otherwise agreed, sending the order is carried out by the stores FitForMe BV
  2. The contractor has the obligation to take delivery of the goods purchased in the time when we shall be reported ready to retire him over in person or delivery.
  3. In case of refusal by the contractor to the acceptance of the goods or in the case of negligence on the part of the same in the provision of information or instructions necessary for the completion of delivery, the goods delivery will be kept in stock at the risk of the contractor, upon notice from part of FitForMe BV All additional costs of storage will be considered by the contractor.
  4. The achievement of an agreement between FitForMe BV and the contractor as to the manner of delivery does not affect the right of FitForMe BV to demand payment upon delivery of the related expenses borne by the contractor.
  5. If it has been agreed for delivery in stages, FitForMe BV We reserve the right to suspend the execution of the steps as yet to be made until the Contractor has fulfilled the approval in writing of the outcome of the last phase of delivery made.
  6. If FitForMe BV needs data from the contractor functional performance of the contract, the time for delivery shall commence from the date of communication of such data in FitForMe BV by the contractor.
  7. The deadlines for delivery, if any reported by FitForMe BV are an indication. A delivery time explicitly stated will in no case be considered mandatory. The actual term for delivery shall not exceed in any case the term originally referred to a period of one week, except in situations where intervening force majeure. In case of violation of a delivery period, the contractor will be required to notify FitForMe BV the failure occurred. (See also: Provisions referred to in point 3).
  8. For the delivery of its products, FitForMe BV uses the services offered by Post NL and the English Post. FitForMe BV disclaims any responsibility for delays or damages incurred during delivery because of a negligence of service by Post NL or English Post Office.
  9. In compliance with current rules on the sale at a distance, FitForMe reserves to execute the orders received within a maximum of 30 days. Impossible that, if the item ordered is not available or is no longer on the market, or if there is any reason for delay in delivery or of performance only partial delivery, the consumer it will be notified within 1 month from the date for the order, specifically, the consumer is entitled to cancel the order for default and without any cost.

Article 5 – Guarantee



  1. FitForMe BV warrants that the goods delivered meet the requirements and standards commonly expected and there are no flaws or defects.
  2. The guarantee referred to in paragraph 1. shall be deemed also void if the goods delivered are destined for use abroad and the Contractor has explicitly given written notice to FitForMe BV at the time of conclusion of the contract.
  3. The guarantee referred to in paragraph 1. is valid for a period of one month from the date of delivery.
  4. If the goods delivered do not comply with the details shown with this guarantee FitForMe BV will be required to replace the property in question within a reasonable time from the date of delivery. The Contractor undertakes to return to FitForMe BV Article to be replaced and their property rights.
  5. The guarantee referred to in this Article shall not apply to cases where the defect or lack insurgents are due to improper or incorrect, or if the contractor or a third party, without written permission of FitForMe BV, have made - or tried to make - changes to the better or we have used for improper purposes.
  6. If the asset is not delivered correspond to the specifications agreed upon and such failure is found to be a defect within the time specified by the regulations on liability for defective products, FitForMe BV disclaims any liability for any damages arising from such defect or non-conformity.
  7. The provisions relating to warranty in these general conditions do not alter in any way the legal provisions on the protection of the contractor, subject to the provisions of these terms and conditions and with the contract, including the nature and characteristics of the goods sold and delivered to the contractor. (See also: Provisions referred to in point 4).

Article 6 – Provision for exercising the right of withdrawal



The ordered goods are delivered in a vision for a period of 10 working days from the date of delivery (provision for the exercise of the right of withdrawal). Within this period, the contractor shall be entitled to dissolve the purchase or request a replacement product. If the contractor does not exercise the right of withdrawal within 10 working days, its order will be considered final.
If the Contractor wishes to exercise the right of withdrawal, he shall follow the procedure set forth below:

  1. Give notice to Customer, within 10 working days from the date of delivery of the order of its intention to exercise the right of withdrawal.
  2. FitForMe return to the product intact and still in sealed package. Cost and risk of return are the responsibility of the contractor.
  3. As soon as possible following receipt of the returned product, and in any case within a maximum period of 30 working days, FitForMe will transfer the purchase amount into the bank account or postal address given by the contractor or on shipment to the contractor of a new product.

Article 7 – Samples and models



  1. Samples or models that you may send to FitForMe BV the contractor for viewing or delivery are perfectly matched to the characteristics and quality of its product, with the exception of cases where the sample or model is for illustrative purposes.

Article 8 – Retention of title



  1. FitForMe BV remains the owner of the goods delivered for the entire period until the payment of the purchase price.
  2. All items produced by FitForMe BV are covered by intellectual property FitForMe BV The reproduction of products, packages or other elements of FitForMe BV will be made subject of a complaint to the competent authorities.

Article 9 – Evaluation, complaints



  1. The Contractor shall (to) examine the goods supplied at the time of delivery or in any case as soon as possible. In particular, the contractor is required to verify the correspondence of the quality and quantity of the good supplied with what was originally agreed, or at least at the well to its current business requirements.
  2. Any deficiencies or defects visible and invisible must be notified in writing to FitForMe BV within a period of five days from the date of delivery of the same to the postponement of the defective goods, with the exception of cases in which the refund is unreasonably burdensome.
  3. If the claim is received within the period referred to in the preceding paragraph, the contractor has the obligation to return and payment of goods purchased. Should the Contractor wish to proceed with the return of the defective goods, which must take place prior written consent of FitForMe BV and in the manner specified by FitForMe BV (See also: Provisions referred to in paragraph 5).

Article 10 – Transfer of risk



  1. The risk of loss or damage to the goods subject to the contract, is transferred to the contractor when the products are delivered legally and / or physically and that the contractor or a third party indicated by him have it completely. (See also: Provisions referred to in paragraph 6).

Article 11 – Changes to prices



  1. Even if FitForMe B.V. has agreed with the contractor a specified price at the time of conclusion of the contract, FitForMe BV reserves in any case entitled to proceed with increase in the price, even in the case where they had not been indicated reserves relating to the original price.
  2. If the price increase occurs within a period of three months from the date of signing the contract, the contractor is entitled to withdraw from the contract by means of a written statement, regardless of the percentage of the increase, except in cases where- the price increase is resulting from privilege or obligation owed to FitForMe BV in accordance with the rules of law, or-if it is agreed that the delivery will take place within a period exceeding three months from the date of purchase. (See also: Provisions referred to in paragraph 7).

Article 12 – Payment



  1. Payment can be made by one of the methods indicated on the website FitForMe BV
  2. The payment to FitForMe BV should occur within a maximum period of five days from the date of order. The contractor shall provide the same authorization to perform all the operations aimed at the payment according to the mode selected by himself. The terms of payment are listed on their website of FitForMe BV
  3. In the event of a bankruptcy, receivership or disqualification, the receivables payable to FitForMe BV and obligations on the part of the contractor against FitForMe BV are due immediately.
  4. FitForMe BV entitled to retain payments made by contrattante to deduct the expenses incurred in the first instance, in the second instance of the accrued interest and finally the principal and current interest. FitForMe BV may, without giving rise to default, to refuse an offer for payment where the contractor indicates a different order of extinction due to previous. FitForMe BV the right to refuse full refund of capital if they are not paid interest accrued or current expenses. (See also: Provisions referred to in paragraph 8).

Article 13 – Suspension and termination



  1. FitForMe BV may elect to suspend the fulfillment obligations or termination of the contract if:
    • The contractor fails to comply in whole or in part to its contractual obligations.
    • After the conclusion of the contract, FitForMe BV becomes aware of sufficient evidence to give rise to a well-founded fear that the contractor does not fulfill its obligations. In the case of well-founded fear of partial or total non-performance by the contractor, the suspension will be allowed only to the extent that it is justified by the actual insolvency.
    • The contractor, if requested at the time of conclusion of the contract to provide evidence of their ability to fulfill its contractual obligations, or fails to comply with the request for response to an inadequate extent.
  2. 2. FitForMe BV is also entitled to terminate the contract (also through third parties) if circumstances arise of such a nature as to make it impossible or unreasonable criteria of good faith performance of the contract or where situations arise of such a nature as to make reasonably impossible to maintain without changes the contract provisions.
  3. In the event of termination of the contract, the receivables payable to FitForMe BV against the contractor are due immediately. In case of suspension of performance of its obligations, FitForMe BV retain their rights statuiti in the law and the contract.
  4. FitForMe BV preserved in any case the right to claim compensation for damages.
  5. If FitForMe BV demonstrates incurring higher expenses than is reasonably necessary, these costs will be taken into account for the purposes of compensation.
  6. The reasonably be court costs may be incurred and executive alike will fall on the contractor.
  7. The contractor is required to pay interest on the collection costs incurred. (See also: Provisions referred to in paragraph 9).

Article 14 – Safeguard clause



  1. The contractor raises FitForMe BV in relation to claims by third parties in respect of intellectual property rights on material or data provided by the contractor and used during the execution of the contract.
  2. If you provide a FitForMe BV data carriers, electronic files or software etc.., the contractor shall ensure that such media, files or software does not contain viruses or defects.

Article 15 – Intellectual Property and Copyright



  1. 1. Without prejudice to these general conditions, FitForMe BV We reserve the rights and powers conferred upon it by the current legislation on copyright.
  2. The contractor is not allowed to make changes to the property, except as inherent in the nature of the goods supplied or in case you have so agreed in writing.
  3. The designs, sketches, drawings, films, software and other materials (electronic) files or, possibly developed by FitForMe BV under the provisions of the contract shall remain the property of FitForMe BV, even in cases where they have been made available to the contractor or a third party, except in cases where otherwise agreed.
  4. All items may be available from FitForMe BV, such as projects, sketches, drawings, films, software, files, material (electronic), etc.., Are intended solely for use by the contractor, which are not permitted under any circumstances reproduction, publication or sale to third parties of the same, with the exception of cases where FitForMe BV it has previously issued permit or such acts are inherent in the nature of these factors.
  5. FitForMe BV retains the right to use the knowledge, that may have accrued during the execution of the activities, for other purposes, in so far as this does not lead to the disclosure of confidential information to third parties.
  6. All content of the website FitForMe BV shall mean the property of FitForMe B.V. and are not permitted under any circumstances be reproduced or published, except in cases where FitForMe BV it has previously granted permission.

Article 16 – Responsibility



  1. If goods supplied by FitForMe BV found to be defective, the liability of FitForMe BV against the contractor is limited to what is provided for in these terms and conditions under "Guarantee".
  2. When the producer of a defective product should be liable for consequential damages, the liability of FitForMe BV obligation is limited to replacement of the goods or refund the purchase price.
  3. Without prejudice to the above-listed FitForMe BV disclaims any liability for damages attributable to intent and / or gross negligence and / or conduct that is liable to misuse or incorrect by the contractor.
  4. The limitations of liability for direct damages under these conditions are not valid if the damage is due to intent or gross negligence on the part of FitForMe BV or his subordinates. (See also: Provisions referred to in paragraph 10).

Article 17 – Force Majeure



  1. 1. The parties are not required to fulfill any obligation if the latter are prevented from doing so by a situation not attributable to the fault or due to them by virtue of laws, legal acts and judicial interpretations in force.
  2. To force majeure these terms and conditions include, in addition to the cases provided for by laws and case law in this case, also all external causes, foreseen or unforeseen, on which FitForMe BV not shown to be in a position to exert influence and yet such as to prevent FitForMe BV the fulfillment of its obligations. In that type of cases fall also strikes organized as part of the company FitForMe BV