The online store at www.fitnesshauss.com (“the Store”, “the Shop”or “the Website”) is operated by Fitnesshauss Ltd, a company registered within the Republic of Malta with registration number C 93751 and with registered address at Pampas, Triq Il-Gizimin, Swieqi, Malta, hereinafter referred as “Fitnesshauss”, “we”, “us” and “our”).
These terms and conditions (the “Terms” or the “Contract”) govern the use of the Shop and the purchase of Products from the Shop and form the contract between you and Fitnesshauss for the purchase of Products from the Shop.
If you are purchasing from the Shop, Store or Website, then for the purposes of this contract you are deemed to be considered as a consumer, and this Terms and Conditions are directly applicable to you for all, and any purchases made by you.
We urge you to read the Terms carefully before using the Website and/or purchasing from the Shop. By visiting the Website and placing an order on the Shop, you are aware that you are automatically bound by the following Terms. If you do not agree with these Terms, you should not visit the Website and/or purchase from the Shop.
If you are purchasing as a consumer, meaning other than in the course of a trade, business, craft or profession, you have the right of withdrawal from the Contract, as outlined at section 8 hereunder.
This Contract is concluded electronically, and its only linguistic version is that in the English language.
These Terms may be modified from time to time. It is your responsibility to read them periodically, as the current Terms at the time of formalisation of the relevant Contract or of use of this Website shall be those that apply.
If you have any query regarding the Terms you may contact us at:
Tel: +356 99433211
2. YOUR OBLIGATIONS
2.1 When you use the Website and place an order on the Shop, you agree:
i) To use the Website to make legally valid orders only;
ii) You are declaring that you are over the age of 18 and are legally eligible to enter into contracts,
iii) Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and take any measures necessary in this regard, including informing the pertinent authorities;
iv) Not to use the Products for any illegal or unauthorized purpose, both online and in person, nor violate any laws (including but not limited to copyright laws).
v) Not to transmit wilfully any malware or viruses or any code of a destructive nature; and
vi) To provide us with your contact details and delivery address truthfully and exactly.
2.2 You also agree that we may use this information to contact you if necessary. Please familiarize yourselves with our terms and conditions relating to personal data usage, in order to learn about the data processing activity related to this Contract.
2.3 A breach or violation of any of the Terms and especially of the obligations under this section 2 by you will result in an immediate termination of the Contract.
3.1 The Products offered for sale on the Shop are branded fitness &/or muscle recovery equipment and accessories. Products of other brands may be on sale from the Shop from time to time. The list of Products and brands will be changed or updated from time to time. Sale items and promotional activity are at the discretion of Fitnesshauss and will change from time to time. These may include the same Product which may be on sale one day and not on the sale the next.
3.2 You are informed about the main characteristics of the Products, such as colour, size, model and pricing, before you place an order. However, all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions, illustrations and other advertising matter are intended only to present a general idea of the Products described in them and the images of the Products on the Website or otherwise are for illustrative purposes only, and fitnesshauss may in no way be found liable for slight/ordinary changes which may result.
3.3 Products are subject to availability. If you have placed an order for one or more Products that are unavailable, Fitnesshauss will inform you without delay and will refund you in full (including the delivery fee) within 14 days from the notification of unavailability.
4. FREE GIFT OFFERS AND/ OR PROMOTIONS
From time to time Fitnesshauss may run “Free Gift” offers and/or promotions when you purchase qualifying Products or place a qualifying order, as shown on the Website. These are the terms and conditions that govern those offers and promotions:
• The free gift cannot be replaced for any other item, cash or credit;
• Free gifts are available until stocks last on a first-come, first-served basis;
• Placing multiple orders or orders for multiple items does not entitle you to more than one free gift;
• Offers and/ or promotions are only available on orders placed on the Website;
• The free gift offer may not be used in conjunction with any other offer or promotion that we run on the Website, unless otherwise stated;
• The free gift will be dispatched with the relevant items from your qualifying order;
• If you wish to return an order or item which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.
• The cancellation, return or exchange of previously existing orders, in order to benefit from free gift announcements is strictly prohibited, and will not be taken into consideration. Requests to change or cancel existing orders to benefit a free gift will not be accepted.
• Any offers and/or promotions are valid within the dates as stated on the Website;
• Any offers and/ or promotions may be amended or withdrawn at any time at Fitnesshauss’s discretion;
• Your rights as a consumer, as per the Consumers Act, are strictly adhere to, safeguarded and taken into consideration.
5. PRICES AND PAYMENT
5.1 The price of the Products (the “Price”) is that displayed in Euros (EUR) on the Website at the time Fitnesshauss receives your order.
The Price includes include VAT but excludes delivery fees, which are calculated during check-out.
Unless otherwise stated, all prices are valid only for 30 days from their date of publication.
The Price is subject to change at any time, but the changes shall not affect the orders that were submitted prior the change.
5.2 Products would need to be paid in advance and prior to delivery the full amount of the order is required, including the cost of Products, VAT and delivery fee.
5.3 After you have placed the order, you will receive a confirmation email stating that the order has been successfully placed and the Contract has been concluded. The confirmation email will include a summary of the order.
5.4 Although we make every effort to ensure that the Price of the Product featured on the Store are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
5.5 Once you have selected all Products that you wish to buy, those will be added to your shopping basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step.
Payment for the Product/s can be made by debit card, credit card or Paypal. Charges will be made to the relevant account when Fitnesshauss confirms your order.
The Products offered on this Website are available for delivery in the Maltese Islands only.
The Products object of your order will be delivered to the address that you provide to Fitnesshauss during the order placement procedure.
Should you wish to consequently amend the delivery address, please let us know by sending an email without undue delay to firstname.lastname@example.org.
In any case, you will be able to know the amount of the delivery fee before you confirm your order. Customers are entitled to free delivery for orders of €50 or over. If a discount code is utilised on checkout, and due to this the order does not amount to €50, the delivery fee will be applicable. Therefore, to benefit from free shipping, the final total order amount needs to be €50 or more.
Once your order is confirmed, Fitnesshauss will process your order and deliver the Products within 5 business days from the day following that on which you submitted your order. If the Product is not received within 5 business days, please get in touch on the following email address: email@example.com.
If you fail to accept the Products or any part thereof at the date and time agreed for delivery on more than one occasion, then Fitnesshauss will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the costs and loss suffered.
If you fail to accept delivery of the Products when they are ready for delivery Fitnesshauss, at its option, either store them at a warehouse occupied by Fitnesshauss or have them stored by third parties on such terms as we may in our own sole discretion think fit. In any event the cost of storage will be borne by you.
7. TRANSFER OF RISK
You will take ownership of the Products when we receive full payment of all amounts due in relation to the same, including delivery fees. The Products risks shall be your responsibility from the moment of your physical possession of the Products.
8. EXCHANGES AND RETURN
You can return or exchange items purchased online within 14 calendar days of the purchase. In case of cancellation of the purchase you will be offered a full refund of the goods purchased.
Cancellations may be submitted by e-mail to firstname.lastname@example.org quoting name, address and order reference number.
In cases where goods have already been delivered you may return them intact to any of our stores together with the original invoice. We may charge transport costs when the goods to be returned need to be collected by us from you.
In all cases where return of goods may be accepted (whether purchased on-line or in-store) the items need to be returned within 14 days of the actual purchase or delivery (whichever is latest) in the same condition with original packing intact.
You agree to indemnify, defend and hold harmless Fitnesshauss and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. Privacy and Data Protection (General Data Protection Regulation/ GDPR)
11.1The Consumer accepts the obligation not to disclose to third parties confidential information and/or any other information of a confidential nature. Accordingly, the shop confirms the maximum confidentiality on any data, document, or information in whatever form in which it is obtained.
11.2It is emphasised that access to any information is only permitted if it is needed in the performance of one’s duty or as instructed may be instructed by authorities from time to time. Nevertheless, access is limited to the minimum required information. These conditions shall continue to apply even after the termination of this agreement without any limitation of time.
11.3The consumer is hereby being informed that the shop processes data in accordance with the General Data Protection Regulation (GDPR) and all duties and obligations arising from the same Regulation will be adhered to.
12. TERM AND TERMINATION
This Contract is concluded when you receive confirmation of your order for our end and terminates once you have received the Products. Your rights, including withdrawal and guarantees, obligations and liabilities and those of Hudson incurred prior to the termination shall survive the termination of this Contract for all purposes.
You may terminate these Terms at any time by notifying us that you no longer wish to use the Shop. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Contract at any time without notice and you will remain liable for all amounts unpaid to and including the date of termination; and/or accordingly may deny you access to the Shop (or any part thereof).
13. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Shop constitute the entire agreement and understanding between you and us and govern your use of the Shop, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against Hudson which is the drafting party.
14. GOVERNING LAW AND SETTLEMENT OF DISPUTES
14.1 These Terms and any separate agreements whereby we provide you services in connection with the purchase of the Products from our Shop shall be governed by and construed in accordance with the laws of the Republic of Malta.
14.2 In case of disputes, you may seek an out-of-court settlement submitting complaints and claims using the contact details given at section 1, which we will handle as soon as possible and within the legally determined period.
In case of judicial litigation, Courts of the Republic of Malta shall have jurisdiction over any dispute that may arise from this Contract.