§ 1 Preface

All supplies and services of Fitley GmbH will be performed exclusively on the basis of the following general terms and conditions.

§ 2 Conclusion of Contract

(1) The goods and services offered by Fitley on the internet state a non-binding invitation to the customer to order goods and services at the Fitley website.

(2) By ordering goods or services at the Fitley website the customer is placing a binding offer to conclude a purchase contract.

(3) The confirmation of the order receipt and the acceptance of the order is confirmed by e-mail. By this e-mail a purchase contract has been concluded.

(4) Vouchers and coupons are also goods. Vouchers and coupons can only be exchanged for goods and shipping costs at the Fitley website. A payout in cash is not possible. Validity is limited to three years after purchase. Normally vouchers and coupons can be redeemed only one time and duration of validity will end after redemption.

§ 3 Shipping

(1) Delivery is made to the address stated by the customer. Time of delivery will normally be 21 days after receipt of order. The time of delivery is non-binding, unless otherwise agreed..

(2) Shipping costs will be shown during the checkout process before order confirmation. If it is only possible to make a partial delivery, no additional charges will be made for further deliveries. In the case of exceptionally heavy or bulky orders Fitley reserve the right to increase the delivery charge with the agreement of the customer. Should the goods be delivered to any country outside of the EU or should the customer request a particular form of delivery, he shall be responsible for paying any additional charges incurred. In the case of delivery to any country outside of the EU, the customer shall also bear the responsibility for paying such taxes or duties involved.

(3) In some cases vouchers and coupons will be sent to the customer by e-mail as an electronic file (pdf). The e-mail will be sent within 1 or 2 days after purchase price has been paid.

§ 4 Reservation of Title

Fitley reserve title to the goods until payment from the contract has been made in full. Goods have to stay unchanged until all payment obligations have been fulfilled.

§ 5 Payment, Maturity, Delayed Payment

(1) The purchase price is payable either by prepayment (bank transfer) or credit card or cash on delivery. Cash on delivery is only possible for delivery within Germany. Fitley GmbH reserves the right to deny certain payment methods in particular cases.

(2) In the case of prepayment (bank transfer) the customer is obliged to transfer the invoice amount immediatly to Fitley's bank account after receiving the order confirmation e-mail. In the case of cash on delivery the customer is obliged to pay the invoice amount upon delivery. In the case of credit card payment Fitley will charge the invoice amount to the credit card account after goods have been shipped.

(3) In the case of delayed payment the customer can be held responsible for any negligence.

(4) Default interest on the invoice amount is charged during the period of delayed payment. The default interest p.a. is 5 percentage points over the base lending rate.

(5) Assertion of further damage is possible.

§ 6 Price

(1) Prices include VAT but exclude shipping costs. Shipping costs will be shown separately during the checkout process.

(2) Prices are liable to change at any time.

(3) Price changes will not affect orders which have already been accepted by confirmation e-mail.

§ 7 Warranty

(1) Customer claims against Fitley GmbH due to defects will comply with German legal regulations.

(2) Damages due to improper handling caused by the customer can not constitute a claim against Fitley GmbH.

§ 8 Limitation of Liability

(1) The liability of Fitley is strictly limited to such damages or losses which occur due to a wilful act or gross negligence of Fitley GmbH or any of Fitley's agents. Any claim for damages beyond this is excluded. This does not limit in any way our liability for death or personal injury caused by Fitley's negligence. The regulations of the Product Liability Act will remain unaffected.

(2) Data communication over the internet is not always error-free and/or is not always available. Fitley GmbH is not liable or responsible for permanent availability of the Fitley website.

§ 9 Privacy

(1) Fitley applies optimal care and the highest security standards, in order to protect personal data against access by third parties. All personal data and the information for payment are protected by technical security systems during all transfers, as well as when stored on servers.

(2) While processing personal data German legal regulations are always followed. Fitley uses the personal data to process orders and for customer relationship purposes. Data is provided to third parties if necessary to fulfil contractual obligations, e.g. data is provided to logistic companies (shipping), financial institution (processing of credit card payments) or for credit assessment (Schufa).

(3) When transferring data (e.g. during the checkout process / credit card transactions) the SSL-Security System (Secure-Socket-Layer) is used.

(4) Under "Your Data“ all customer data can be viewed, updated and deleted at any time.

(5) The order data is stored and sent together with these General Terms and Conditions to the customer by e-mail. Under "Your Data“ stored order details can be viewed at any time.

(6) Fitley will use cookies to make a visit at the Fitley website as comfortable as possible for the visitor. The cookies will not store any personal data.

§ 10 Jurisdiction and Applicable Law

These General Terms and Conditions are governed by German law. Any claim arising from or related to a visit at the Fitley website is subject to German law and jurisdiction. The regulations of the United Nations Convention on Contracts for the International Sales of Goods (CISG) are excluded.

§ 11 Severability Clause

If any part of this agreement is or shall become void or unenforceable, it will not affect the validity of the rest of this agreement, which shall remain valid and enforceable according to its terms.

Notice of Revocation

Only consumers have the following legal revocation right

Right of Revocation

You can revoke your order in writing (e.g. letter, fax, e-mail) within two weeks or by returning the product within two weeks without stating reasons. The two week period commences at the earliest following receipt of the goods and a written notice of revocation. To maintain the right of revocation, it is sufficient to submit a revocation within the two week period or returning the goods.

The revocation should be directed to:

Fitley GmbH
Raiffeisenstraße 15a
D-85276 Pfaffenhofen a.d. Ilm

Exceptions:

Unless agreed to the contrary, the right of revocation does not exist in cases of goods manufactured according to the customer's specifications. The following examples are such customer specifications:

• all goods not ordered in a standard size or
• all goods design by the customer in the shirt-designer or
• all goods with monogram embroidery

Consequences of Revocation

In the event of effective revocation, the contractual items performed by both parties shall be reciprocally returned and any benefit made thereby shall be passed to the other party. Should the contractual service performed only be returnable in part or in the form of deteriorated quality, the customer may have to provide Fitley with compensation for loss of value. This shall not apply to the handover of goods if the deterioration of the product can be exclusively traced back to its inspection - as would be possible in a retail store. The customer will bear the cost of returning the goods provided, if the correct goods were delivered and the price of the returnable goods does not exceed EUR 40.00 or in the case of a higher amount, if the invoice amount or an instalment has not been paid at the time of revocation. Otherwise the return shall be exempt from charges. Refund obligations have to be met within 30 days after sending the revocation.

These conditions apply in Germany. It may be that different conditions apply in the case of other countries.