Terms & Conditions for FITPLUM:
Agreement terms between FITPLUM and the user of this website (you).
Your use of this Website and purchase of the Products/credits is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. By accessing the content on this site you have read and accepted the terms.
In case of any disputes the law applicable would be based on the UAE Governing Law.
What FITPLUM is:
FITPLUM is an online community created for the fitness-minded individuals to book, purchase, review, discover and provide fitness classes in their area and provides users with a place to buy the latest fitness apparel and a blog to keep up to date on all fitness related categories. The Site serves solely as an online platform for facilitating transactions and commentary between its Users and selling apparel. All articles in the blogs are opinions of FITPLUM or opinions of others endorsed by FITPLUM.
Acceptance of Terms:
Registration and Eligibility:
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with FITPLUM and represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these TOS, which may result in immediate termination of your account.
You agree that you are solely responsible for any breach of your obligations under the TOS and for the consequences (including any loss or damage which we may suffer) of any such breach. If you have created an account or contributed Content to us, you recognize that violation of these TOS may result in termination of your account and loss of access to your Content contributed to us.
Account Termination and Removal of Content:
FITPLUM, in its sole discretion, has the right to remove content and suspend, terminate, deactivate or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violation of the TOS, infringing on Intellectual Property and inactivity.
We reserve the right to monitor and review your account, Content and activity for compliance with these TOS. We may terminate or suspend your account or ability to use the Service if you breach the TOS, and we may remove any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property rights.
ORDERS & PURCHASES:
- If the product is delivered using a courier service, and there is no one at the delivery address to receive the Product, the Product will be returned to FITPLUM. All packages delivered by courier need to be signed in order to accept the package. Should an ATR (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for missing packages left by the courier.
- Full priced FITPLUM purchases will be packaged in the signature FITPLUM packaging.
- For international orders, DHL/ARAMEX shall contact the recipient for a delivery time. The Postal company may attempt further delivery of the Product to You, however, if they can not reach the intended recipient, the order will be returned to FITPLUM and the intended recipient will receive a refund of their purchase less the shipping costs incurred by FITPLUM and any relevant taxes and duties applied onto the order.
- On all apparel orders: Requirement: the item must be returned in original condition. I.e. that it is not used, all original badges; patches and seals remain on the garment as when you received the goods. Always enclose the original packaging and designer tags. We cannot accept returns or refunds of garments with make-up or deodorant marks, be carful when you try the garments on!
- If anything of this is missing or if the garment has marks of make-up/deodorant FITPLUM has the right to require payment in full for the goods. It is then optional if the customer wants to buy the goods and is then responsible for the cost of return shipment to the customer.
- Please note, FITPLUM does not offer free returns or exchanges. If you wish to return an item for a refund, the shipping cost shall be deducted from your refund.
- If you would like to exchange an item, the shipping costs are not covered by FITPLUM. Any packages sent to FITPLUM must have a valid international tracking number. FITPLUM cannot be held liable for any items lost in transit. Be reminded to indicate on the package that the items are intended “for exchange”. Without such notice, the package is at risk of attracting additional customs duties and taxes.
- Refunds are given on full priced garments only, this does not include any associated shipping charges from the original purchase or return.
- Please note - if you wish to make an exchange on any full priced items, FITPLUM, is happy to help you as long as the stock is available. We cannot offer exchanges or refunds on SALE items or purchases made using a discount voucher/code, offers or special offers.
- There will be no refund given on any FITPLUM CREDITS purchased.
- FITNESS CLASSES CAN ONLY BE PURCHASED USING FITPLUM CREDITS.
- Booked classes can be cancelled with no charges if they are cancelled before 6 pm of the previous day of the date of the booked class, and will be refunded the FITPLUM CREDIT amount (not AED), booked classes NOT cancelled by this time will get charged the mentioned amount of the booked class regardless of whether the customer attends the class.
- By completing a Purchase Order, You are making an offer to purchase the Product (anything sold on FITPLUM) at the price set out in the Website, subject to any subsequent notification of price by FITPLUM to You in accordance with clause
- Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. FITPLUM LLC accepts Visa, MasterCard. You warrant that You are an authorized user of the credit card used to complete payment in accordance with this clause.
- When purchasing FITPLUM credits they are non-refundable and will expire within 1 year of purchase if never used. They can be used in exchange for fitness classes sold on FITPLUM.com.
- All the refunds of any transaction’s amount against any purchase through this website would be refunded to the original mode of payment.
- The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in DIRHAMS (AED). If you are ordering from outside UAE, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to DIRHAMS (AED) when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Your bank may also charge a small currency conversion fee, contact your bank or credit provider for details. The final charge to your card is made in DIRHAMS (AED) and your bank or credit provider determines the final conversion rate. Therefore we are not liable if the final amount charged to your card slightly differs from the estimated conversions we provide.
- FITPLUM may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If FITPLUM LLC requests payment for increased prices, You may cancel the order by giving notice to FITPLUM LLC, which must be received within 5 days of the announcement of the increase.
- Quantity in stock does not take into account the orders, which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation, which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
- The Website is owned and operated by FITPLUM LLC. This Agreement supersedes all prior agreements and may be revised by FITPLUM LLC from time to time.
- This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
- If a purchased class is cancelled, by the party providing the class, all users who have booked the class will be refunded the FITPLUM CREDITS that they used to purchase this class.
- We accept payments online using Visa and MasterCard credit/debit card in AED. If “Credit Card Online” is selected as the payment methods then the details on the Customers ID (Card holders ID) should exactly match that of the credit card used to make the purchase
- Orders placed outside the U.A.E may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
- FITPLUM LLC uses DHL/ARAMEX Express to deliver Products outside and within the U.A.E.
- FITPLUM LLC delivers to most destinations around the world.
- FITPLUM LLC will try its best to ship the Product within 7 working days of submitting the Purchase Order.
- Delivery times for international deliveries, 10-14 working days; and
Within U.A.E, 3- 4 working days.
- www.fitplum.com will NOT deal or provide any services or products to any of OFAC sanctions countries in compliance with the law of UAE.
- United Arab of Emirates is our country of domicile
* The expected delivery times set out in this clause are estimates only. FITPLUM is not liable if the product deliveries vary from the clauses under DELIVERY.
Complaints and redemption in certain cases
If you have received a damaged product, you must make a complaint about it within 1 week from the day you received the product.
You should shortly after you received the product, send us a complaint via e-mail, provided you complain about the damage within the warranty period. If not, you will at first hand be directed to the manufacturer in question or service provider.
The damaged or incorrectly sent goods must be returned in the same packaging and sent with the same carrier, as it was received, along with a detailed description of the error.
To return a damaged item, you must send FITPLUM a written notice by email (INFO@FITPLUM.COM), stating the bank account for an eventual refund. Thereafter, we will decide if it meets the conditions required for a complaint. If so, you will receive an email from FITPLUM with details on how to return the product. Please note that you must follow our recommendations concerning packaging etc for the return.
If we are not able to send a new product to you, you will get a refund of the amount you have paid for the damaged product, but we will not reimburse the original freight charge.
We recommend that you find out as much as possible before you place an order, to avoid unnecessary costs.
Information and illustrations
We shall not be responsible for printing errors or errors in information or specifications as to goods and services, which occur in our range of products. If images occur in our web-shop, they are not to be seen as exact imitations of a certain product.
Both parties shall be relieved from satisfying this agreement, if its fulfillment is precluded, or essentially disabled by circumstances beyond their control or circumstances, which could not reasonably be foreseen. The following and similar circumstances shall constitute reasons for relief, provided they hinder or aggravate fulfilment of the agreement: fire disaster, war, mobilization, requisition, confiscation, currency restrictions, common scarceness of goods, deficit in means of transportation, strike, lock-out, deficits in driving means, and errors or delays caused by sub-contractor because of circumstance, mentioned in this paragraph, or other circumstance, which the parties could not possibly control, which either prevents or aggravates the parties’ fulfilment in such a manner that it could not be done other than to an unreasonably high cost.
AVAILABITLY OF FITPLUM.COM WEBSITE:
- FITPLUM LLC will not be held liable for the consequences of any down-time, and can pull the site down at its own discretion.
- We reserve the right to withdraw any product we advertise and change prices without notice.
- Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
- Images displayed on this website should be regarded as illustrative and informational purpose only. FITPLUM LLC will try to display products as close to the physical colour/product as possible, but at times this may not be the case, and colours will look different once received by customer.
- All materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by FITPLUM LLC, unless otherwise stated.
- Copying or reproducing any part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party.
- All rights not expressly granted are reserved.
- This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under FITPLUM LLC’s direct control and FITPLUM LLC accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that FITPLUM LLC is entitled to require you to remove any link from another website to this Website which you install without obtaining FITPLUM LLC’s prior written consent.
- You acknowledge that the items sold on FITPLUM.COM will require special maintenance. FITPLUM LLC will not be held responsible for any damage caused by any failure by You to maintain the Product properly.
- The colours of the Product may vary slightly from those displayed by Your computer monitor.
LIMITATION OF LIABILITY
- To the fullest extent permitted by law, FITPLUM LLC’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of FITPLUM LLC, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
- FITPLUM LLC’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if FITPLUM LLC has been notified of the possibility of such loss or damage.
- You agree that FITPLUM LLC’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
- "FITPLUM" means FITPLUM.COM operating under ALPHA55 LLC.
- "Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
- "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
- "Website" means internet website with the URL www.FITPLUM.com and associated websites.
- "You" means the user of the Website (and "Your" has the corresponding meaning).
- "Products" means apparel/ tangible items that can be purchased on the site AND FITPLUM CREDITS.