Section 1 – General Rules
As of today, these terms and conditions (the “Terms and Conditions”) apply as accepted by you (the User or you) and (“”, “us”, “our” or “we”). These Terms and Conditions contain the general terms and conditions for access and use of getfitex.com and its associated technology systems (hereinafter referred to as the “Website”). They also contain the terms and conditions of use of the Website as well as the subscriptions to commercial emails by the User through the purchase of the proposed online services or products (hereinafter referred to as the “Online Services”).
Please read these Terms and Conditions and our Privacy Policy carefully before using our Website and/or signing up for our Online Services. By submitting any information to, whether through the use of our Website or by subscribing to, purchasing or using any Online Service, you agree to be bound by the terms of the Terms and Conditions and the Privacy Policy, including any changes or revisions to these Terms and Conditions and/or the Privacy Policy that may be made at your own discretion and at any time. If you do not agree to the Terms and Conditions and Privacy Policy, you are not obligated to use our website or subscribe to any of our online services, such as purchasing or using them, and your only remedy is to refrain from using our website and online services.
Section 2 – Compliance with the Terms and Conditions
You agree to comply with all state and local laws and regulations regarding online conduct and the transfer of information. Reserves the right, but does not undertake, to monitor your use of our website and online services to verify your compliance with these Terms and Conditions, the Privacy Policy and applicable law. Reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems, in its sole discretion, to be unacceptable, offensive or in violation of these Terms and Conditions, the Privacy Policy and/or applicable law.
As a contracting party for its customers is responsible for dispute management, cancellations and refunds related to payments for purchases made on this website.
Section 3 – Use of our website and online services
You are only authorized to use our website for lawful purposes in accordance with the provisions of these Terms and Conditions, the Privacy Policy and applicable laws.
Your use of our website may be interrupted at any time for a variety of reasons, including equipment malfunctions, periodic updates, maintenance or repair of our website, or other activities that may be performed at our sole discretion and at any time. Reserves the right to suspend or discontinue the availability of our website, or any part or feature of our website, at any time in our sole discretion and without prior notice.
You may not allow any third party to assist you in using the Site content (“Content”), create derivative works, or use the Content for any commercial purpose. You may not allow any third party to circumvent, imitate, decrypt, destroy, alter, or compromise our Site in any way. In addition, you may not reproduce, modify, distribute, sell, or otherwise transfer the rights to the Content.
You are prohibited from engaging in any of the following activities that may interfere with your right to access or use our website, including the use of our online services: (a) violating any of the terms of use of our Terms of Service, our Privacy Policy or any applicable law; (b) restricting, hindering or preventing access to, use of or enjoyment of our website or our online services; or (c) defaming, abusing, harassing or threatening any other person through the use of our website or any online service.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and communications tools and for the costs associated with services related to your access to and use of the Website and our online services.
Section 4 – Intellectual Property Rights
The Fitex name and related brand names, URLs and website domains are owned and operated by us (the Company).
All graphic works, logos, page headers, button icons, scripts and service designations are part of the copyright, service marks, trademarks and/or trade dress of (hereinafter referred to as “Protected Marks”). You are not authorized to use any Proprietary Marks without the prior and express written permission of the Company, a permission which may be withheld at any time in its sole discretion. The Company claims no copyright in the name, trademark or service marks of any third party appearing on our website. All names, trademarks and service marks are the property of their respective owners.
The content, downloads and other data and information appearing or available for download on our website, as well as the Company’s trademarks and other intellectual property rights or other rights related to tangible and intangible property rights used, developed, subsisting, embodied or provided pursuant to our website and online services (hereinafter referred to as “Intellectual Property”), including but not limited to all text, graphics, diagrams, images, photographs, illustrations, line art, icons and format variations that are protected by copyright or whose content suppliers are their respective licensees.
Any software used for our Site (the “Software”) is the property of or its software suppliers and is protected by United States and international copyright laws. The viewing, reading, printing, downloading, or any other use of the Intellectual Property does not grant you any ownership rights or copyright in any Intellectual Property or Software.
You are solely responsible for any damages resulting from the infringement of intellectual property rights to protected trademarks, intellectual property, software and/or any other damages resulting directly or indirectly from the copying, distribution, transfer, transmission, publication or use for purposes contrary to the terms of use of these Terms and Conditions or applicable law, whether directly or indirectly.
Notwithstanding any objection herein, the Site may offer other links for the convenience of the Site user. No third party website linked to the Site or its content was developed by the Company, which has not reviewed and is not responsible for the content of such third party websites. The Company offers no guarantees, warranties or assurances and assumes no liability for the content of other third party websites, such as content originating from such websites.
Section 5 – Electronic Communications
By using our website or our online services, you consent to receive electronic communications from the Company. Although we may choose to communicate with you in other ways, we may also communicate with you exclusively electronically, via email or by posting information on our website.
Section 6 – Delivery Conditions
All orders are subject to product availability. If a product is not available at the time of ordering, we will inform you and refund the total amount of your order via the payment method you used.
The products offered on our website can be delivered to addresses worldwide. In the event that we fail or are unable to deliver an item, we will contact you directly and issue a prompt refund.
You will be provided with an estimated delivery time once your order is dispatched. Delivery times are approximate and begin at the time of delivery, not the order date. Delivery times are approximate only and are subject to acceptance and approval of your order. Barring unforeseen circumstances, we will make every effort to deliver your order within 30 calendar days of placing your order. Business days include Monday through Friday and exclude public holidays. Delivery date may also vary due to the activities of the delivery company, delivery location, delivery method and products ordered, as well as certain extreme situations such as pandemics, seasonal delays (holidays or major sales). Products may also be delivered separately. Once the item is dispatched, we will provide you with the tracking numbers.
Delivery costs depend on the weight of your order as well as the delivery method. To find out how much your order will cost, simply add the product you want to your basket and proceed to checkout. Once you open the payment page, the delivery costs will be displayed. Additional delivery costs may apply when deliveries are made to remote areas or consist of larger or heavier items. The charges will be communicated to you on the payment page.
If you notice any damage to the packaging upon delivery, please notify us within 30 calendar days of delivery by contacting us using the contact details provided here . We will be happy to offer you a free replacement.
If you have any questions about the delivery and shipping of your order, you can obtain further information by contacting us using the contact details provided here .
Section 7 – Reimbursement Policies
The Refund Policy applies to your purchase of any material or product offered through the Site (commonly referred to as a “Product”). If you need to return a defective or damaged Product, you may return the Product to the Company within thirty (30) calendar days of delivery to request a refund, provided that the following terms and conditions comply with our Return and Cancellation Policy .
Section 8 – Affiliate Disclaimer
The Company may endorse, promote or recommend services and/or products at any time. The Company’s recommendations are based solely on the Company’s belief that the services or products will be of value to the consumer based on a reasonable evaluation by and/or the relationship between the Company and the provider/manufacturer of such services and products and/or past use of such services and products. The Company may receive services/products for review. The Company will endeavor to provide an unbiased review of such services and products.
Should a service or product not meet the customer’s standards or expectations or be deemed unsafe or potentially unsafe, such information will be reflected in the appropriate review of the services and products in question. Notwithstanding the foregoing, no review shall be construed as a guarantee, representation or warranty of the suitability of a service or product for a particular purpose and no person shall rely on any review in deciding to purchase, obtain or use any service or product. The decision to use any service or product for which the Company has conducted a review remains the sole responsibility of the person who has used such services and products and the Company shall not be liable for any person’s use of such services and products.
Section 9 – Limitation of Liability of the Company
Any liability of the Company, whether in contract, tort, negligence or otherwise, shall only be valid in its entirety for direct and actual damages and shall not exceed the costs received by the Customer from the User in relation to the use, registration and subscription of online services. The Company shall not be liable for any loss, damage, claim, cost, expense or other liability arising directly or indirectly from the use of or reliance on any content of the Website or online services. Without limitation, the Company shall not be liable for any loss or damage directly or indirectly related to:
- Any loss in any form;
- The inability or delay in accessing or using the Website, or any links to other websites or their contents;
- Any use of content on the Site that may not be suitable for its intended purpose or that does not conform to industry standards.
Section 10 – Amendments
We reserve the right to change these Terms and Conditions at any time and at our sole discretion. Please read these Terms and Conditions regularly to check for new changes. We will post on this website all announcements of changes and additions made to these Terms and Conditions. Changes will not be retroactive and will be effective from the date of posting. Changes affecting new features of the Online Services, such as changes made for legal reasons.
Section 11 – Choice of Law
These Terms have been drawn up in accordance with EU laws governing consumer rights. These Terms and the entire legal relationship between you and Us will be governed by the laws of the Republic of Netherlands, unless the laws governing consumer relations specify a specific applicable law or jurisdiction.
YOUR PRIVACY IS IMPORTANT TO US. BY USING OUR WEBSITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION FOR PROCESSING AS DESCRIBED IN THIS PRIVACY POLICY.
Our mission is to be transparent about what data we collect about you, how we process the data, why we do it, and with whom this data is shared. This privacy policy applies to the use of our websites in accordance with our Terms of Use.
For residents of the European Union: To meet the requirements of the European General Data Protection Regulation (GDPR) for our European users, this privacy policy explains the legal basis on which we process your personal data and provides other information required by the GDPR.
Section 12 – What do we do with your information?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us, such as name, surname, email address, address, payment method and purchase date. All this information is crucial for the conclusion of the contract, billing, shipping of the goods ordered by the user as well as for the exercise of any consumer rights (eg withdrawal from the contract, statutory warranty) .
When you visit our website, we also automatically receive the IP address of your computer in order to provide us with information that helps us understand your browser and operating system.
Email marketing (if applicable and legally permitted): With your permission and if legally permitted in your jurisdiction, we may send you emails about our website, new products and services and other updates within the time periods permitted by law. By “permission” we mean explicit and verifiable consent on your part. Permission to send commercial or marketing emails may be given through any of the following situations, which we consider to be an existing business relationship with you or request from you:
- If you enter your email address on our website without indicating that you do not wish to receive emails.
- If you enter your email address as part of trying or ordering a product or service from us without indicating that you do not wish to receive emails.
- If you enter your email address as part of an abandoned cart without indicating that you do not wish to receive emails.
- If you enter your email address as part of entering a competition, event or survey we run and we have informed you that we will send you marketing emails.
- When you sign up for an email newsletter by completing a form on our website.
- In any case, when you have checked an opt-in box when filling out a form indicating your willingness to be contacted by email, provided that the box is not checked by default and we have informed you that these are commercial emails.
All marketing emails will prominently include a notice that you have the opportunity to unsubscribe from further marketing emails at any time and at no cost to you. All marketing emails will prominently include a one-click unsubscribe or opt-out option. Once you unsubscribe, we will immediately stop sending you marketing emails.
We may use your personal information, including your name, address, telephone number, email address and other relevant data, to operate our business, improve our websites, develop new products and services, provide information and support, better understand your needs and interests, personalize communications and advertisements, fulfill contractual obligations, and overall promote a quality experience for you. For example, we may use your personal information, including your email address, to:
- Communicate, interact and build our relationship with you;
- Customizing the content, products and services offered to you;
- Contact you with information about us and affiliated third parties;
- Process, fulfill and track transactions and requests for products, services, support and information;
- Verify your eligibility to use our services;
- conduct market research and analysis;
- Measure, analyze and improve our products and services, the effectiveness of our websites and our advertising and marketing efforts;
- Meet legal requirements;
- Deliver targeted advertising, including using retargeting technology;
- Sending you marketing materials, for example by email, including our newsletter, and notifying you about products and services we think may be of interest to you;
- Prevent, detect and stop fraud and other prohibited or illegal activities; or
- Inform you about new services, releases, upcoming events, and changes to our Terms of Service or Privacy Policy.
You may withdraw your consent to receive marketing and non-transactional emails at any time by clicking the “unsubscribe” link at the bottom of our marketing and non-transactional emails. If at any time you decide you no longer wish to receive our emails or newsletters, you may also unsubscribe by reaching out to us using the contact information provided here or by following the unsubscribe instructions in the email or newsletter.
Requests to unsubscribe from email mailing lists will be processed immediately. However, you may not be able to opt out of all information sharing, such as information sharing with credit card processors in connection with products or services you order from us. Although we offer you some control over marketing communications, certain transactional, relationship and legally required communications will not be affected by choices you make regarding marketing communications.
We reserve the right to share and disclose any personal information you provide or about you to law enforcement or other governmental authorities as we, in our sole and absolute discretion, believe necessary to comply with any applicable law or at the request of any governmental entity or agency. We assume that all visitors to and users of our website have carefully read this document and agree to its contents. If anyone does not agree with this privacy policy, they should refrain from using our website. We reserve the right to change our privacy policy as needed.
All information stored on our website is treated confidentially. All information is stored securely and only accessed by authorized personnel. We use appropriate technical, security and organizational measures to protect and maintain personal data against unauthorized or unlawful processing and use, as well as against accidental loss, destruction, damage, theft or disclosure.
Section 13 – Consent as a basis
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange a delivery, or return a purchase, you consent to our collecting your personal information and using it only for that specific purpose.
If we want to use your personal information for a secondary purpose, we will either ask for your explicit consent directly or provide you with an opportunity to decline.
If after consenting, you change your mind, you may withdraw your consent to contact us without affecting the lawfulness of processing your personal information based on consent provided before withdrawal by reaching us at any time using the contact details provided here . You may not be able to opt out of all information sharing, such as information sharing with credit card processors in connection with products or services you order from us. Certain transactional, relationship, and legally required communications will not be affected by your information sharing choices. Depending on the Service, the collection and use of your personal information may be necessary for the Services to function.
We collect and process your personal data for various purposes described in this Privacy Policy. In certain cases, separate consent is not required, including:
- To fulfill our contractual obligations to you;
- To comply with legal obligations or to comply with laws, regulations, court orders or other legal obligations or to assist in investigations;
- For legitimate interests or to conduct our business and provide the Services, except when fulfilling our contractual obligations to you, for the “legitimate interests” of our business as defined in applicable law – except where those interests or fundamental rights and freedoms require the protection of personal data.
You may request to have your information changed, updated, accessed, or deleted at any time by contacting us using the contact information provided here . We will process your request promptly, delete personal information from our records, and, after all transactions are complete, follow any reasonable instructions to delete any remaining personal information. We will not retain data longer than is necessary for the purposes for which it was collected or as required by applicable laws and regulations.
Section 14 – Disclosure
We may disclose your personal information for the purposes and in the following ways described in the previous sections of this Privacy Policy:
- With affiliates and partners: With companies or ventures owned or controlled by us, as well as internally within our company to provide and improve services, for marketing and promotional purposes.
- With service providers and vendors: With business partners, marketing partners and suppliers to provide, improve and customize our services.
- For advertising and marketing: With advertising partners and marketing partners for advertising and marketing purposes, with your consent, on our behalf and on behalf of third parties, including social networks, where applicable.
- For certain analyses and improvements: with companies to analyse and improve our services.
- For legal compliance, law enforcement and public safety: With law enforcement, government or regulatory agencies, legal authorities or other authorized third parties to comply with legal requirements, court orders or other legal obligations or to assist with investigations, to protect and defend our rights and property or to protect the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy or agreements with third parties, or for crime prevention.
Section 15 – Third-Party Services
In general, third-party services we use will only collect, use and disclose your information to the extent necessary to perform the services they provide. Some third-party services, such as payment gateways and other transaction or payment processors, are required to adhere to security standards imposed on them, such as the Payment Card Industry Data Security Standard (PCI-DSS), which is a set of security standards designed to ensure that all payment processors that accept, process, store or transmit credit card data maintain a secure environment. All direct payment gateways we use are compliant with PCI-DSS, which is a joint effort by brands such as Visa, MasterCard, American Express and Discover to ensure the security of credit card data processing.
Although we do not store your credit card information, such payment gateways and other transaction or payment processors may retain transaction data as required by PCI-DSS for as long as necessary to process the transaction and thereafter only as required by law.
These third-party payment gateways and other transaction or payment processors, and other third parties, have their own privacy policies regarding the information we are required to provide to them for your purchase transactions.
For these providers, we encourage you to read their privacy policies to understand how your personal information will be treated by these providers.
In particular, please note that some providers may be located in, or have facilities that are located in, a jurisdiction other than yours or ours. If you elect to transact with a third-party service, your information may become subject to the laws of the jurisdiction(s) in which the service provider or its facilities are located.
Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Use.
Section 16 – Links
Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We provide these links solely for your convenience. We have no control over, do not review, and are not responsible for third-party websites, their content, or any goods or services available through the third-party websites.
Our Privacy Policy does not apply to third-party websites, and any information you transmit to third-party websites is at your own risk.
We encourage you to review the privacy policies of any third-party websites with which you interact.
Section 17 – Safety
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
When you provide us with sensitive information such as login credentials and credit card information, this information is encrypted using Secure Socket Layer (SSL) technology and stored using AES-256 encryption.
Although no method of transmission over the Internet or electronic storage is 100% secure, we use generally accepted commercial standards to protect your personal information.
Section 18 – Violation
Unless prohibited by applicable law, we will notify you promptly, as soon as reasonably possible under the circumstances, but no later than 72 hours after becoming aware of it, of any accidental, unauthorized or unlawful destruction, loss, alteration or disclosure of personal data (“security breach”) that is likely to result in a high risk to the rights and freedoms of data subjects. This notification will include:
- A detailed description of the security breach;
- The type of data that was subject to the security breach.
In the event of a security breach, we will also communicate:
- The name and contact details of our data protection officer or other contact person from whom further information can be obtained;
- A description of the likely consequences of the security breach;
- A description of the measures we have taken or propose to take to address the security breach, including, where appropriate, measures to mitigate its potential adverse effects;
- In addition to this notification or as soon as such information is collected or available, any other information you may reasonably request relating to the security breach.
We will take prompt steps to investigate the security breach and will use industry standard, commercially reasonable efforts to mitigate the effects of such security breach in accordance with our obligations hereunder and, subject to your prior written consent, take all actions necessary to remediate the security breach. Unless legally required to do so under applicable data protection laws, we will not publish or publish any notice or disclosure of a security breach.
We will also report any security breach that is required by applicable law to the relevant supervisory authority within 72 hours of becoming aware of it, where possible.
Section 19 – Geographical Location
If personal data originating from the European Economic Area is processed outside the European Economic Area in a territory that has not been designated by the European Commission as a safe third country under applicable data protection law, we consent to the transfer being carried out in accordance with SECTION 6 above, which we will fully maintain.
We have concluded data processing agreements to ensure compliance with all relevant guidelines. All processing is carried out in accordance with the highest security standards.
Section 20 – Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Section 21 – Changes to this Privacy Policy
We reserve the right to change this Privacy Policy at any time, so please review it periodically.
Changes and clarifications will be effective immediately upon posting on the Site.
If there are material changes to this Policy, we will notify you on our Site that it has been updated so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use or disclose it.
Continued use of our Site after becoming aware of such changes constitutes acceptance of the revised Privacy Policy. This Privacy Policy is an integral part of our Terms of Use.
In the event that our company is merged or acquired with another company, we may disclose your personal information to our prospective or actual buyers, investors or successor entities as part of a proposed reorganization or an actual reorganization of our business, as part of a financing, sale or other transaction involving the disposition of all or a portion of our business or assets, including to conduct due diligence necessary to determine whether to proceed with a transaction, subject to assurances of adequate data backup practices and safeguards.
Residents of the European Economic Area: Our disclosure is limited to situations where we are permitted to do so under applicable European and national data protection laws and regulations.
Section 22 – Cookies
Like any other website, we use ‘cookies’.
These cookies are used to store information including visitors’ preferences, and the pages the visitor accessed or visited on the website.
The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Section 23 – Questions and Contact Information
If you would like to: access, correct, amend or delete your personal information, register a complaint, or simply get more information, you may do so by contacting us using the contacts provided here .