Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of GetFitGifts.com. The collective work includes works that are licensed to GetFitGifts.com. Copyright 2003, GetFitGifts.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with GetFitGifts.com or purchasing GetFitGifts.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with GetFitGifts.com or to purchase GetFitGifts.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by GetFitGifts.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of GetFitGifts.com used in the site are trademarks or registered trademarks of GetFitGifts.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, GetFitGifts.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. GetFitGifts.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GetFitGifts.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
GetFitGifts.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if GetFitGifts.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a GetFitGifts.com product is mistakenly listed at an incorrect price, GetFitGifts.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GetFitGifts.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GetFitGifts.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by GetFitGifts.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
GetFitGifts.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to GetFitGifts.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of GetFitGifts.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of GetFitGifts.com products) must be commenced within one (1) year after the claim or cause of action arises. GetFitGifts.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GetFitGifts.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a GetFitGifts.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
GetFitGifts.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GetFitGifts.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GetFitGifts.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to GetFitGifts.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless GetFitGifts.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, GetFitGifts.com may link to sites operated by third parties. However, even if the third party is affiliated with GetFitGifts.com, GetFitGifts.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GetFitGifts.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GetFitGifts.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Return Policy:
GetFitGifts.com guarantees against manufacturer’s defects for
30 days from date of delivery. Defective merchandise will be replaced
with another like product upon return and receipt by GetFitGifts.com of the
defective item.
Manufacturer’s
Defects:
Manufacturer’s
defects are considered to be items which due to a faulty process during
manufacturing the item doe not work. For example the handle of an item is not
formed properly or the item is DOA (dead on arrival). Another example would be a
radio that doesn’t turn on. You will be responsible for returning the item to
GetFitGifts.com (you pay the shipping costs to send it back to us). Once we
receive the return we will exchange the item and ship it back to you at no
additional cost. Manufacturer defects are permitted for up to 30 days from
the date of delivery. Products that exceed the GetFitGifts.com 30 day return
period but have an extended Manufacturer’s Warranty should be returned directly
to the manufacturer according to their instructions. All Sales are Final on Export
Orders.
Consumer Dissatisfaction (Unwanted
Product) Returns:
Consumer Dissatisfaction (Unwanted Product) Returns are considered to be any
item which a consumer returns that is not a manufacturer defect and was not sent
by error. These types of returns require written
approval from GetFitGifts.com prior to returning them. However, not all products qualify for a return.
Due
to the nature of certain products such as health and beauty products, personal
care, vitamins or herbal supplements, clothing, mattress covers, etc. we do not
handle returns on these products or similar products. All returns for these
types of products must be handled directly with the manufacturer. Email us for prior approval and to receive an
RMA#.
Error(s):
Error(s) if we have incorrectly sent an item
(color, size, type) then we will offer a full refund or exchange at the
customer’s discretion when the item is received back in our warehouse. All Sales
are Final on Export Orders.
You
must acquire a Return Merchandise Authorization (RMA) number prior to returning
any item. RMA’s are available upon request by sending an email to sales@getfitgifts.com are only good for
a specific product and specific order.
- Once
you have received an RMA#, you may send the product back to us at your
expense. We will not accept a collect or C.O.D. return. We will ship you a
replacement at our expense (applicable within the continental
USA
only). If return is for a refund, the shipping and handling will not be refunded
only the cost of the item. All Sales are Final on Export Orders.
- GetFitGifts.com
reserves the right to refuse any return that doe’s not have an RMA # on the box,
in any case there will be an additional $5.00 charge if there is no
RMA#.
- Any
returns that do not fall within our return policy are non-refundable and you
will not receive credit.
- Your
RMA# must be displayed on the package you ship back to us.
- All
'defective' and 'error' returns must be shipped to: ???
- 'Customer
Dissatisfaction' returns may be sent to a different address.
If
you do not have your invoice number, or are having other difficulties, please
contact customer service by sending an e-mail to sales@getfitgifts.com. Please be sure to
provide all pertinent information, (invoice number, name, address, phone number,
reason for return and if you would like an exchange or refund).
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