Updated on March 15, 2021
Section 1 - General rules
- As of today, these general Terms & Conditions (the „Terms of business“) will apply as they have been accepted by you (the „user“ or „you“) and („us“, „ours“ or „we“). These terms of business contain the general business conditions for the access and use of this Website and the connected technology systems (commonly referred to as „Website“ or “Company”). These terms of business also contain the conditions of use of the website as well as any user’s subscription to Company’s business email through such as the purchase of Company’s proposed online services or products (commonly referred to as „Online-Services“).
- Please thoroughly read these terms of business and our data protection guidelines before using our website, and/or before subscribing to our online services. Through the conveyance of information to, either through the use of our website or via the subscription, purchase, or use of online service, you are bound to the conditions of the general terms of business and data protection guidelines, including changes or revisions of these terms of business and/or of the data privacy statement, which can undertake under its own discretion and at any given time. In case you do not agree with the terms of business and the data privacy statement, you are not obligated to use our website or to subscribe to any of our online services, such as purchasing or using them, and you will only be able to remedy the situation by refraining from using our website and our online services.
Section 2 - Compliance with the terms of business
- You obligate yourself to all state and local laws and regulations in relation to internet behavior and the transfer of information.
- We retain the right to, but do not obligate ourselves, to oversee your use of our website and online services in order to verify your compliance with these terms of business, the data privacy statement, and the applicable law.
- We reserve the right to entirely or partly refuse or even remove the publication of information or materials, which according to its discretion, would be unacceptable, offensive, or in contravention of these terms of business, of the data privacy statement and/or the applicable law.
- By making a purchase on this website you enter into an agreement with us (the Company) and our Terms & Conditions, as the contracting party is responsible for its customers for dispute management, cancellations, and refunds related to payments for purchases made on this website.
Section 3 - Use of our website and the online services
- You are only authorized to use our website for lawful purposes in accordance with the provisions of these terms of business, the data privacy statement, and the applicable laws.
- Your use of our website can be interrupted for different reasons at any time, including, yet without constraints on the malfunction of appliances, constant updates, maintenance or repair of our website, or any other activities that can conduct under its own discretion and at any time. reserves the right to suspend or discontinue at any time, at our discretion and without any prior notice, the availability of our website, any part or function of our website.
- You are not allowed to try to allow a third party to try to prompt or to support you in using the contents of the website („contents“), to create derivative works, or to use contents for commercial reasons. You are not allowed to try to allow a third party to try to prompt or to support you in circumventing our website by any means, to imitate, decode, destroy, change, or compromise our website. Furthermore, you are prohibited to reproduce, to change, to pass on, to sell, or to otherwise convey the rights to the contents.
- You confirm that you take sole responsibility for the provision and maintenance of all appliances, hardware, software, and communication tools, as well as for the costs related to services linked to your access and use of the website and our online services.
Section 4 - Intellectual property rights
- The name FitsWatch and related brand names, URLs, and website-Domains are the property of and are operated by us (the Company).
- All graphic works, logos, page headers, button icons, scripts, and designations of services are part of copyright, service brands, trademarks, and/or trade dress of (commonly referred to as „protected trademarks“). You are not allowed to use protected trademarks without the prior and expressed written authorization of the Company, something which can always be denied under its own discretion. does not possess any copyright claims on the name, trademark, or service marks of third parties that appear on our website. Any names, trademarks, and service marks are the property of the respective owners.
- The contents, downloads, and other data and information that appear are contained or available for download on our website, as well as the Company’s marks and other intellectual property, property rights, or other rights in accordance with material and immaterial property, which in accordance with our website and online services (commonly referred as „intellectual property“) will be used, developed, consist of, be embodied in or provided, including, yet without being constrained to all texts, graphics, diagrams, pictures, photos, illustrations, line art, symbols and format variations that are protected through copyright, in other words, or its content suppliers are the respective licensees.
- Every software that is used for our website (the „Software“) is the property of or its software suppliers and is protected by the US and international copyright law. The display, reading, printing, downloading, or any other types of intellectual property use does not grant you any property rights or copyright rights in the intellectual property or the software.
- Regardless of any objections herein, the website might offer other links for the convenience of the website user. No third party supplier website that is linked to the website or its contents was developed by the Company, and did not verify the content of such third party websites and is not responsible for the latter. The Company does not offer any guarantees, warranties, or safeguards and does not take over any form of liability for contents of other third party websites such as contents that derive from such websites.
Section 5 - Electronic communication
- Through the use of our website or of our online services, you agree to obtain electronic communications from the Company. Although we can decide to communicate with you in a different manner, we can also solely communicate with you electronically via email or by publishing information on our website.
Section 6 - Conditions of delivery
- All orders are subject to the availability of products. In case a product is not available at the time of the order, we will inform you of this and reimburse the totality of your order by the means of your used paying method.
- The products offered on our website can be delivered to addresses located worldwide. In the event that we are not delivering or are unable to deliver an item to you, we will contact you directly and immediately refund you.
- An anticipated delivery time will be communicated to you as soon as your order is issued. Delivery times are approximations and start with the time of delivery, not with the date of the order. Delivery times can only be understood as approximations and are subject to the acceptance and approval of your order. Unless unforeseeable circumstances exist, we will do everything we can deliver your order within 30 calendar days after you have placed your order. Business days comprise Mondays to Fridays and exclude public holidays. The delivery date can also vary due to the delivery company’s activities, the delivery location, the delivery method, and the ordered products, certain extreme situations such as pandemic, seasonal delays (Holidays or big sales). Products can also be delivered separately. As soon as the item has been sent, we put the tracking numbers of the delivery at your disposal.
- Delivery costs are based on the weight of your order as well as the delivery method. In order to find out how much your order will cost, simply add your desired product to your shopping basket and go to the check-out. Once you open the payment page, the delivery costs will be displayed. Additional delivery costs can be incurred if deliveries are made to remote areas or consist of larger or heavier objects. You will be informed of the fees on the payment page.
- In case the damage is to be seen on the packaging during delivery, please inform us within 30 calendar days after delivery by reaching us via contacts provided here. We will be glad to offer you a free of charge replacement.
- If you have questions in relation to the delivery and shipment of your order, you can get more information by reaching us via contacts provided here.
Section 7 - Refund guidelines
- The refund guidelines are applicable to your purchase of a material or product offered via the website (commonly referred to as „Product“). In case you have to send back a defective or damaged product, you can send the product back to the Company within thirty (30) calendar days after delivery in order to apply for a refund, as long as the following general business terms comply with our Returns & Cancellation Policy .
Section 8 - Exclusion of liability for associated companies
- At any time, the Company can support, foster, or suggest services and/or products. The Companies suggestions are based exclusively upon the Companies belief that the services or the product are valuable to the consumer, based on the appropriate assessment via and/or the relationship between the Company and the provider/manufacturer of such services and products and/or prior use of such services and products. The Company can obtain services/products in order to review them. The Company tries to conduct an impartial review of such services and products.
- In case a service or a product does not correspond with the norms or expectations of the Customer, or if it is ranked as insecure or possibly insecure, this knowledge will be included in the corresponding review of the relevant services and products. Irrespective of the above, no review shall be understood as a warranty, representation, or guarantee of the adequacy of any service or product for a specific purpose, and no person shall rely on a review in order to decide to purchase, obtain or use a service or a product. The decision to use any service or product for which provided a review remains the sole responsibility of the person who has used such services and products and is not liable for the use of such services and products by a person.
Section 9 - Limitation of liability of the Company
- Any liability of the Company, whether by contract, tort, negligence, or otherwise, is only valid in its
entirety for direct and actual damages and cannot surpass the costs received by the Customer from the user
in relation to the use, registration, and subscription to online services. The Company is not liable for
losses, damages, claims, costs, expenses, or other obligations that arise directly or indirectly from the
use or reliance on contents from the website or online services. Without constraints, the Company is not
responsible or liable for the losses or damages in direct or indirect link with:
- Any loss in any form;
- The incapacity or delay on the access in relation to the use of the website, or any links to other websites or any contents therein;
- Any form of use of contents on the website, that is possibly unfit for their intended purpose or does not correspond to the industry’s norm.
Section 10 - Amendments
- We reserve the right to amend these business conditions at any time and under our own discretion. Read these terms of business regularly in order to verify the existence of any new amendments. On this site, we will publish any announcements pertaining to any amendments and additions that will be made to these business conditions. Amendments will not apply retroactively and are applicable starting from the date of publication. Amendments that affect new functions of the online services, such as the amendments that are made on legal grounds.
Section 11 - Governing Law
- These Terms have been constructed in accordance with EU laws regulating consumer rights. These Terms, and entire legal relations between You and Us, shall be subject to the law of the Republic of Lithuania, except in cases, if the consumer relations regulating laws would set a specific applicable law or jurisdiction.