Terms and Conditions

Terms and Conditions

Terms & Conditions

SALES CONTRACT

ARTICLE 1 – PARTIES OF THE AGREEMENT

Seller: Fitmaple Group Ltd. – The Fitmaple (hereinafter referred to as “Fitmaple”)

Address: 71-75 Shelton street, WC2H 9JQ, London, United Kingdom

Email: Fitmaple.group@gmail.com

Customer: Refers to the person who is a member or guest of www.fitmaple.com as a customer. (hereinafter referred to as “Customer”)

ARTICLE 2. SCOPE OF THE AGREEMENT

The scope of the contract herein, consists of the products regarding the purchasing of gears over fitmaple.com website and of the determination of the mutual rights and liabilities of the parties according to the provisions of Consumer Protection Code and Regulation about Distance Contracts.

ARTICLE 3. GENERAL TERMS ON SALES

3.1. The Customer will be able to see the price of the diving gears on the website if she/he makes the selection.

3.1.2 Receipt of goods

Upon the customers placement of an order a confirmation email will be sent to the email address supplied by the customer including the costs of the ordered item(s), shipment and order number.

3.2. Gears may be purchased over Fitmaple.com with bank/credit cards or bank transfers.

3.2.1 Payment by Bank/Credit Card: The Customer, in case she/he purchases gears, she/he will be pay with credit/bank cards option and will complete the purchasing. Online payment transactions will be held by Stripe application. All precautions are taken to ensure that transactions are secure although Fitmaple cannot be held responsible for any breach of security.

3.2.2 Payment by Bank Transfer: If the Customer wishes to pay by bank transfer, they have an option to pay in two types. They may use an external provider called “Wise”.  It will cost less for bank fees. If Customer pays by bank transfer, Fitmaple may demand the correspondent bank expenses if the payment is received less then the order amount. The Customer will receive an email after payment process is made.

3.2.3 Fitmaple’s bank account details – you will receive them by email, if such payment methods is selected

3.3 Dates and Prices –  All prices on the Fitmaple website include VAT at the current rate where applicable. Products are getting manufactured after receiving the payment. We don’t hold goods in stocks. We will endeavor to dispatch all orders within 10-15 business days. Delivery charge depending on the product weight. Please note that customers are responsible for any import charges or custom duty charges that may be imposed by your country’s customs.

3.3.1 Deliveries in Europe and the USA – We can arrange delivery in Europe and the USA using UPS. Delivery charges range depending on the weight of the order. Delivery times will vary by country but it takes generally 7 days to USA and Europe deliveries to reach the country.

3.3.2 Depending on the customer location, the ordered item(s) may be delivered directly at the customers address or arrive at the customers local post office for the customer to pick up, a notice will normally be left at the customers address, notifying the customer of the arrival of his/her parcel. Please note; international parcels are normally kept at the local post office for a time period of approx. 14 days after which they are sent back to the sender, involving return fees for the original sender. It is the customers responsibility to track his/her shipment using the tracking information supplied by the store management and the collection of the shipment from the customers local post office. Any orders that are returned to the web store due to failure to collect the order from the customers local post office for any reason will involve additional return and re-shipping fees and the customer will not be entitled to a full or a partial refund.

3.3.3 What If My Order Does Not Arrive – If your delivery does fail to arrive then please contact us. Please note, Post items are not considered officially lost until 30 days postage following its expected arrival date. If we need to replace your order we ask that you contact us to confirm the loss, we can then arrange a solution.

3.4 Fin Blades Stiffness And Footpockets Sizes – It is the Customer’s responsibility to correctly measure the stiffness and the footpockets sizes themselves. Customer Services are available to give advice and help on the sizing, but they cannot see the swimmer or how the measurements are taken, so Fitmaple does not bear any responsibility for the footpockets not being the correct sizing when received, it is the customer’s total responsibility for the size ordered.

3.5 Returns – The customer is responsible for the cost of postage returning to Fitmaple.

All returned goods must be returned in their original packaging with all tags in place within 28 days of purchase. Fin blades and accessories that have been used cannot be returned for exchange or refund. It is the Customer’s responsibility to decide the suitability and fit of all items before using the item and making the item unsellable if returned. It is the Customer’s responsibility to make sure the product is adequately packed to avoid any possible damage in transit, such items damaged in transit will be returned to the customer and not exchanged or refunded. Customers will be required to pay postage for their returned items. The import cost amount paid on the returned goods will be deducted from the refund amount.

Postage paid on the original order cannot be refunded.

3.5.1 Warranty – Our fin blades have 2 years warranty for cracking after the order status turned into completed. (Only applies to products from manufacturers such as: Quwack, Cetma Composites, the rest – no)

If you face any issues related to crack, you can request a warranty by contacting us. Customer-related design scratches will not be accepted as a return.

3.5.2 Size Exchange – Fitmaple will not exchange the stiffness of fin blades as all our products are crafted individually. We will exchange accessories for another size if they do not fit. All we require is the goods to be posted back in good condition, with all tags still attached, proof of purchase (either the order confirmation note included in dispatch or an email received at time of order) and if we have the requested size we will send it out to you. We do not take responsibility for items lost in the post. The customer is responsible for the postage of goods returning to Fitmaple unless faulty (see below).

3.5.3 Faulty Goods – Goods that are returned as faulty, will be assessed by the returns department in conjunction with the manufacture and date purchased. If the item is deemed faulty then you will be offered a suitable exchange item or if requested a refund will be issued. Items that are not deemed faulty and purchased over 30 days from the return date will not be accepted and will be returned back to the customer. The import cost amount paid on the returned goods will be deducted from the refund amount.

3.5.4 Wrong Items – If you receive a wrong item it should be returned within 7 days of receipt, once we received the item, the correct replacement will be dispatched. Fitmaple will refund the return postage refunded to the customer – this amount will be calculated by the amount stated on the returns parcel.

Return Address:
The customer has to obtain the address from the support center. 

Due to the fact that different manufacturers are represented on Fitmaple, return shipping address is different.

3.6 Refunds

3.6.1 Returned Items – Whilst we generally process refunds for returned items within 7 working days from when they arrive at us, please allow up to 14 working days (or longer during busy periods) for our returns & accounts departments to process your refund. Postage paid on the original order cannot be refunded.

3.6.2 Out Of Stock Items And Back Ordered Product – If you have ordered a product that can not be shipped in 5 business days and you cannot wait for the item, we will instantly refund you for the item on the day of your request.

3.6.3 Faulty Items – Once deemed faulty as per our policies on these items, the refund will be sent to our accounts team for processing within 7 working days.

3.7 Warranty Process – Fitmaple returns department works in conjunction with our manufacturers, our manufacturers want to be informed of any products deemed to be faulty; therefore all items returned as faulty will be returned to the manufacturer for examination. Once the manufacturer and our returns department have agreed that the product is faulty, then the item can be replaced or credited. Fitmaple will process this as quickly as possible subject to the manufacturer’s timescales.  If however the item is deemed to be damaged due to the customers handling then the item will be returned to the customer and no replacement or refund will be issued. Fin blades purchased over 24 months before the return date may not be accepted.

3.8 Cancellation – Orders can be canceled up to 24 hours after placing them if the product has not yet entered manufacturing. Please use most confident way to contact us using details on the «contact us» page. All placed orders are processed manually from your submitted order details. If any problem is found with details submitted a member of the Fitmaple sales team will contact you before manufacturing.

3.9 Preferred Colour 

Please, note that as some colored rubber was coming from Russia, we might not be able to supply the fin(s) with your chosen colour. In this case we will try to match the colours as close as possible to your choice. Any reclamations due to different colour supplied is not accepted.

ARTICLE 4 Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”):
(a) acts of God;
(b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic;
(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
(d) government order or law;
(e)actions, embargoes or blockades in effect on or after the date of this Agreement;
(f) action by any governmental authority;
(g) national or regional emergency;
(h) strikes, labor stoppages or slowdowns or other industrial disturbances; and
(i) shortage of adequate power or transportation facilities.
The Impacted Party shall give Notice within [60] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [120] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

ARTICLE 5. ENFORCEMENT

The Customer will be deemed as accepting all the terms of the contract herein, together with the payment of the order given over the website, after the acceptance and approval of this contract and the contract will be hereby enforced. The Customer hereby accepts, declares and undertakes that he owns accurate and complete information regarding the type of service subject of this contract, the sales price, the type of payment, the right of withdrawal from the contract and all the rights and liabilities arising from the contract and that also he/she has not any objections.

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