1. “FIT & HEALTHY” Ltd. (Registration number Nr. 43603058977, VAT registration number LV43603058977), hereinafter referred to as fithealthy.eu provides a web page fithealthy.eu hereinafter called the Internet shop, the available content and services in accordance with the following terms and conditions, as well as provides customer service, all of which are included in these terms and conditions (collectively referred to as the Rules) thus its integral part. By accessing the Web Store, or by using it, you acknowledge that you have read these rules, understand them and agree to abide by them without any restrictions or conditions.
2. The purchaser is a natural person who is shopping online store or uses other online store’s services. The rights to use the internet store and purchase goods are reserved for the natural individuals who are legally capable and not limited by the court’s decision. By registering or placing an order, the Buyer confirms that he has the rights to shop online store.
3. The buyer orders, buys and pays for the goods but fithealthy.eu sells and delivers the online store’s offered goods (hereinafter referred to as the Goods) in accordance with the rules. The buyer orders goods by filling out the appropriate order form online store and undertakes to provide precise details, name, family name, delivery address and all the other required personal data. If any changes should occur to the data provided by the Buyer the buyer undertakes to inform fithealthy.eu immediately. The buyer is responsible for the proper presentation of data; otherwise, the delivery of goods is not guaranteed and the buyer will be required an additional payment for the re-delivery of the goods. The placement of the order in the online store is regarded as buyers confirmation that he has read and agrees to these Terms and Conditions, as well as confirming the Buyer's agreement to purchase the ordered goods for the specified price. The personal data relating to product delivery, is not transferred to third parties, except for the organizations engaged in the delivery of the order.
3a. The products available on the website fithealthy.eu/lv, when changing the language to a language other than Latvian, are not intended for the Latvian market. By making a purchase on the website in a language other than Latvian, the buyer confirms that the purchase, regardless of the place of delivery, is made for use and/or consumption outside Latvia.
4. All the online store’s prices are shown in Euros, including all the buyer’s expenses and taxes (where provided), excluding the costs of shipping. The specified price includes all the payments to be made to buyer get the product in his/her possession. Depending on the delivery address and the chosen form of delivery, your order may be subject to additional shipping charges which will be clearly indicated before the payment is authorized and included in the total order price. Shipping costs include all costs associated with the order and its preparation (packaging) as well as the delivery itself.
5. The buyer can place the order of goods 24 hours a day but the customer service and the packaging/delivery is performed only during the online store’s stated hours. fithealthy.eu sends to the buyer confirmation of the acceptance of the order by e-mail. If the buyer does not receive a confirmatory e-mail, then the order is not accepted. The payment for the goods and the shipping is done before the goods are delivered to the buyer. The delivery costs are included in the bill.
6. The buyer can use the Consumer Protection Act of the Latvian Republic - the right of withdrawal and return the item within 14 (fourteen) calendar days from the moment of the goods are received. To avoid disputes, at the arrival of the goods the buyer has to make sure it complies with the order. In case the goods have been selected and packaged incorrectly, the Buyer has the right for the replacement within 14 (fourteen) days from the moment of the goods are received. If the previously mentioned case should occur the return and re-shipment costs are done by fithealthy.eu. If the buyer wants to use the right of withdrawal, the following recommendations and requirements must be met:
According to the Latvian Cabinet of Ministers Regulation No. 255 Adopted 20 May 2014., one cannot exercise the right of withdrawal if:
- the service provision, which was initiated before the expiry of the right of withdrawal, has been completed, if the consumer has expressly consented and confirmed that he or she would lose his or her right of withdrawal starting from the day the contract on service provision is completed; This provision shall not apply to contracts if the subject-matter of the contract is both the goods and the service;
- the price of goods or service depends on fluctuations in the financial market, which the seller or the service provider cannot reasonably control and which may occur during the period of the right of withdrawal;
- the goods are made to the consumer's specifications or are clearly personalised;
- the goods are liable to deteriorate or expire rapidly;
- the consumer has unsealed the packaging for goods which are not suitable for return due to health protection or hygiene reasons;
- the goods are, after delivery, according to their nature, inseparably mixed with other items;
- the contract has been concluded regarding the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the contract, if the delivery can only take place after 30 days and the actual value is dependent on fluctuations in the market which cannot be controlled by the trader;
- the consumer has specifically requested a visit from the trader or service provider for the purpose of carrying out urgent repairs or maintenance. If the seller or the service provider, upon arriving to the consumer premises, provides additional services or delivers goods that are not the required spare parts for carrying out the repairs or maintenance tasks, the right of withdrawal shall apply to these additional services or goods;
- the consumer has opened sealed audio or sealed video recordings, or sealed software;
- newspapers, periodicals or magazines are supplied with the exception of subscription contracts for the supply of such publications;
- the contract has been concluded at a public auction;
- the contract has been concluded regarding accommodation services (other than contracts for lease of residential premises), transport of goods, car rental services, catering or services related to leisure activities if the service provider undertakes to provide the service on a specific date or within a specific period of time;
- the contract has been concluded regarding the supply of digital content which is not supplied on a tangible medium if the supply of digital content has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
- With reference to the Ministry of Consumer Protection Law Article 12 of the seventh part the online store provides free standard delivery method, so the buyer will not be compensated for the costs of delivery if he/she has chosen other means of delivery.
- The buyer is obliged to keep and not to damage the original product packaging.
- If the buyer wishes to use his rights of withdrawal, he/she should contact fithealthy.eu.
- The buyer is obliged to preserve the supply documents on receipt of the goods and the delivery notes for the return of goods to the Seller.
- For details on what is the distance contract and the rights of withdrawal, the Buyer may consult in the following website address: http://www.ptac.gov.lv
- Money for returned goods fithealthy.eu will be returned in the same way as it was done no later than thirty (30) calendar days after receipt of goods based on the refusal of the buyer.
7. By providing the Web Store product description, we try to be as accurate as possible. The assortment of goods and prices are subject to change without notice. Product manufacturers can modify the product specifications without prior notification of fithealthy.eu. The product description is formed in accordance with the manufacturer’s information and images so fithealthy.eu cannot guarantee that the information on the products is always fully updated. The goods may have differences in the shape, color, packaging or design and the picture may contain details, which are not supplied. The product descriptions have informative meaning, parameters or packages may contain manufacturer's certain alterations or modifications. In order to clarify or specify the description of the goods and in order to prevent its ordering uncertainties, please contact fithealthy.eu.
The availability in the stock is shown by each item of the store. We try to be as accurate as possible and keep this information current. The internet shop is equipped with an automated warehouse management system that reduces product stock levels as soon as the buyer has made payment orders, however, if your chosen item is no longer in stock and cannot be delivered within the stipulated time, then fithealthy.eu will contact you and let you know about potential delivery times, as well as the offer to cancel the order and the return of your money.
8. All our deliveries are carried out safely and quickly. For information about the delivery and supply arrangements, as well as free delivery and additional delivery costs, we invite you to familiarize yourself with our section "Delivery".
9. By accessing the Web Store, or by using it, you have to comply with these Terms and Conditions and the special warnings or instructions for the access or use. You should always act in good faith and in accordance with the law and customs. You should not make any changes or corrections to the Web Store and its content or services, and must not in any way damage the operation of the Web Store. By not restricting the previously mentioned general nature of the sections if the buyer deliberately or negligently violates these terms and conditions then he/she will be held responsible for all loss or damage caused by such a breach.
10. We are not responsible for the content of other websites to which or from which lead our online store links. The online store links are provided for the reference only and are not considered to be ours. Use the hyperlinks at your own risk. We have no liability whatsoever for other web sites testing or evaluation, from which or to which lead our online store links, and we do not guarantee the other websites’ offers, and we assume no responsibility or liability for these other websites and the activities, content, products or services, including, without limitation, their privacy policies and terms and conditions. You should carefully review all other websites that you visit for their terms and conditions and privacy policies.
11. You agree that, in accordance with all applicable laws fithealthy.eu is in no way responsible for (on contract, negligence or otherwise) in connection with any interruption or error occurring from your use of the internet shop. You agree that, in accordance with all applicable laws fithealthy.eu is in no way responsible for a) the interruption of business; b)the delays or interruptions in access to the Internet shop; c) the non-delivery, incorrect delivery, distortion, loss or other changes; d) any kind of damage or loss incurred in connection with links to other sites on the Internet; e) computer viruses, system failures or malfunctions which may occur in connection with the use of the Web Store, including the use of hyperlinks that lead to or from the third party websites; f) any inaccuracies or omissions in the content, or g) events beyond our reasonable control.
12. fithealthy.eu is not liable for any indirect, special, incidental or consequential damages (including lost profits) in connection with the Web Store or the use of (or inability to use) from your part regardless of the type of operations, in contract, tort (including negligence ) or any other reason, even if we have been advised of the possibility of such damages.
13. If in connection with this internet shop a dispute arises everything is governed within the framework of the Latvian Republic as if these terms and conditions would be agreed upon and performed in the territory of Latvia.
The Contracting Parties hereby certify that all disputes in any way relating to Internet shop visits on your part, or arising in connection with this distance contract execution, interpretation or termination; they will try to resolve in mutual negotiations. If the parties are unable to resolve disputes in negotiations, they transfer all disputes, disagreements or claims for review to one of the Latvian Republic courts.
14. By accepting these Terms and Conditions, you agree to receive notifications, agreements, order updates and other information (collectively to be called "Notices") via e-mail. You agree that e-mail sent statements (notices) conform to the rules applicable to such written communication. If you do not wish to get notifications from the Web Store, please stop using this internet shop because fithealthy.eu is unable to provide a full range of services to customers who do not receive notices from the Web Store. Please note that this point does not refer to the marketing information which you can choose to receive at your own discretion.
15. If the client who ordered and purchased the products in the online store does not have legal rights to do it, all the expenses, damages and payments are to be made by the person’s legal representatives – parents, guardians. In the previously mentioned case the order cannot be canceled, as well as the payment is non-refundable.
The consumer agrees with the processing of personal data.
fithealthy.eu reserves the right, with or without notice, to cancel or reduce the quantity of any order (services or products) if that, in our opinion, may result in the violation of the terms and conditions.
16. fithealthy.eu-order contracts are not preserved.
17 fithealthy.eu is not responsible for delays in the performance or non-performance, or other types of failures that occurred due to circumstances and hindrances which are beyond our reasonable control, including but not limited to strikes, governmental actions, war or national emergency terrorist threats or acts of terrorism, environmental or climatic anomalies, failure of third parties, internet connection, as well as hardware and software failures. In such a case of force majeure we will try to eliminate the delays as soon as possible.
18. fithealthy.eu content is protected by copyrights, trademarks, databases and other intellectual property rights, and the buyer acknowledges that the material and content supplied as part of the website remains with fithealthy.eu (website) licensors. The buyer can get and show fithealthy.eu (website) content on the computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for their personal use, non-commercial use , leaving intact all and any copyright and proprietary notices. The buyer may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any material contained in this site or its contents.
19. In the event of any inconsistency or confusion with the translated terms and conditions the Latvian language version of these Terms and Conditions shall prevail.
20. fithealthy.eu has the right to change and update these Terms and Conditions. Changes in these Regulations come into force from the date of publication on the website www.fithealthy.eu.