These general conditions (the "Conditions") apply to the online store www.thefitdesk.eu ("FitDesk EU").
Fitdesk EU is an offer of Muscleffect ("ME"), Staszica 63c / 6, 59-700 Boleslawiec, Polska.
ME reserves the right to change the Conditions at any time. The Conditions prevailing at the time of the order are the only ones valid and can not be changed unilaterally.
The offer of Fitdesk EU (the "Offer") is valid only to customers in the EU countries.
The Offer is valid as long as the product can be found in the stock of FitDesk EU.
2 Price and availability
Prices comprise the value added tax (VAT) and are given in euros. The price on Fitdesk EU at the time the order is the only valid price.
Due to problems of production or delivery, there may be delays in delivery. Consequently, all information relating to delivery are indicative and may be modified. The customer shall be duly informed per email.
If the customer fails to accept the goods ordered on the agreed delivery date, ME may terminate the contract and charge the customer for shipping expenses incurred a surcharge of EUR 50.
3 Conclusion of Contract
The products and prices published on FitDesk EU should be regarded as offers. However, these offers are always subject to the absence of the product in stock or problems with the delivery.
The contract is concluded once the customer places his order on the FitDesk EU.
The receipt of the order is confirmed to the customer by means of an automatically generated email. The receipt of the order confirmation does not constitute a confirmation that the product can actually be delivered but only informs the customer that Fitdesk EU has received the order and that the contract has been concluded.
The delivery date is given to the customer on Fitdesk EU but is normally between 5-7 days. In case of late delivery on the part of ME, the customer can withdraw from the contract as of the 14th day following the delivery time initially announced. In this case, the ME refunds the amounts paid.
5 Client control obligation
It belongs to the customer to check the delivered products immediately upon receipt for completeness of the delivered object and its functionality.
Possible errors or damage must be reported to ME at the latest within 5 days of the receipt of goods. After expiry of this period, only hidden defects can still be invoked. These must be forwarded to ME in writing within seven days after the discovery of the defect.
ME gives 1-year warranty on its product FitDesk 2.0. In case of a defect, ME has the following choices :
• free repair,
• partial or total replacement of the part with a product of equal value,
• reimburse the price of purchase,
• reduction of the price of purchase.
ME has the right to deliver to the customer during the period of verification of the warranty claim the replacement product. The customer acquires the ownership of the replacement product at the time of confirmation of the warranty claim. In case of refusal of the warranty claim, the customer has the right to buy the replacement product at the value at the time of delivery or must return the replacement product at his own expense.
7 Liability and Disclaimer
The liability in the customer – ME relations is defined by law. ME is not however liable for (i) gross negligence, (ii) any direct, indirect and consequential loss of profit, (iii) unrealized savings, and (iv) damage resulting from a delay in delivery, both by ME or its auxiliary.
Furthermore, ME disclaims all liability for damage resulting from any of the following causes:
• storage or improper use;
• using incompatible accessories or spare parts;
• lack of maintenance and / or improper modification or repair of the product by the customer or a third party;
• event of force majeure, including damage caused by the elements, humidity, falls, blows, etc. that can not be attributed to ME.
Payments must be made in Swiss francs.
Are accepted as payment the e-banking, the bank or postal transfer (prepaypament), credit cards (Visa, Mastercard), PayPal payments, If any, the fees amount can be found mentioned at the various payment options.
In case of credit card payment, the rate applicable is the one at the time of the order.
In case of prepayment, delivery takes place only after receipt of the payment. Products in stock are the reserved until the expiration of the payment arrival deadline, which is at least 7 calendar days.
If the customer does not fully or partially fulfil its payment obligations, any unpaid amounts are to be paid immediately and ME may stop delivering the products to the customer if these amounts are not paid.
The ordered products remain the property of ME until full payment.
9 Change or cancellation of the order
The execution of the order requires the customer to take delivery of the products. ME may, in its sole discretion, accept late amendments or cancellations of orders and charge compensation of EUR 50.-.
If an impossibility of (partial) delivery occurs after the conclusion of the contract in accordance with Article 3, the customer is notified by email. If the order has already been paid, the amount will be refunded. If no payment has been made, the customer is released from his payment obligation. Any other right related to delay or impossibility of delivery is excluded.
10 Return of delivered products
Under these terms and conditions, ME grants the right to return products ordered within a maximum period of 14 days following receipt of the product.
In such case, the customer assumes the costs and risks of returning the goods. Products must be sent by registered mail to the address listed under "Contact" on Fitdesk EU. Products must be sent with all accessories, in the original packaging and packaged appropriately. Damaged products are not included and are billed to the customer in full.
The fee for a non-warranty repair are borne by the customer.
a) Data protection
The data protection declaration on Fitdesk EU is an integral part of these Terms. By agreeing to these Terms, the customer also approves the data protection statement.
b) Language versions
In case of uncertainty or conflict, the French version shall prevail.
c) Jurisdiction and applicable law
All legal relations between ME and the customer are subject to Polish law.
The place of jurisdiction for consumers is Boleslawiec or the consumer’s domicile. For legal entities, the sole place of jurisdiction is Boleslawiec.