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General Sales Conditions

  1. APPROVAL OF THE TERMS AND CONDITIONS. Buyer’s payment for our products on www.fitlyrun.com shall constitute assent to the terms and conditions.
  2. PRICES. Prices are subject to change without notice and are reflected in your order confirmation.
  3. TAXES. All applicable sales taxes are calculated based on ship-to address and are the responsibility of the Buyer. If Buyer claims an exemption from such taxes, an exemption certificate must be furnished prior to placing your order.
  4. ORDERING. In order to place an order, you must be 18 years old or older. Your order is subject to acceptance by FITLY.  Payment is due in full prior to shipping. Payment can be made by whichever payment method is currently made available on the site.  Any payment methods can change without notice at our sole discretion.
  5. SHIPMENT. Unless otherwise stated, Buyers are responsible for shipping charges. FREE SHIPPING always means "least expensive" whether presented with faster shipping options or not. All shipments are F.O.B origin meaning that the risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier.  FITLY shall not incur ANY liability whatsoever for failure to ship on any particular date or for any delivery issues, package lost, wrong delivery address, carrier mistakes or additional costs during transit, including import or processing costs, which always is the buyer's responsibility. Claims against the carrier shall be the responsibility of the Buyer, and claims against FITLY for any defect, error, or shortages must be made in writing to FITLY within thirty (30) days of receipt of the goods, or such claims shall be deemed to have been waived. 
  6. WARRANTIES. Under normal use and service, products sold by FITLY have a technical guarantee for a period of 1 year from the date of shipment. FITLY may choose to repair or replace, at its option, Products which prove to be defective within the warranty period.  Customers are responsible for any return shipping charges, whichever they are. FITLY’s warranty shall be immediately voided should the customer altered, abused, tampered with, voluntarily modified or damaged, made repairs, misused or neglected to properly maintain the product, especially zippers that require periodic maintenance to function properly. The remedies for any failure of FITLY’s Products to meet its warranty specified herein shall be these remedies stated herein and no others, there remedies being exclusive remedies as a condition of sales.  EXCEPT AS PROVIDED IN THIS PARAGRAPH, FITLY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
  7. DAMAGE LIMITATION. Under no circumstances shall FITLY be liable for any liability, loss of any kind, lost profit or other incidental or consequential damage for any reason whatsoever, even in normal use, as a result of its product use, or inability to use or the performance of the product, or the transaction by which its Products are sold even if FITLY has been advised of the possibility of such damages. You agree to indemnify, defend, and hold harmless FITLY, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions.
  8. GOVERNING LAW. The transaction with respect to the goods which are the subject of this online sale shall be governed by and interpreted and constructed in accordance with the laws of the State of Florida, and any action arising out of such transaction shall be brought exclusively in courts seated in Palm Beach County and Buyer agrees to such exclusive authority and venue as a condition of sale.
  9. ARBITRATION. Any controversy or claim arising out of or relating to this online sale, or the breach thereof, shall be settled by arbitration in the accordance with the rules, the obtaining of the American Arbitration Association and judgment upon the award rendered may be entered in the highest court of the Forum, State, or Federal, having jurisdiction.
  10. RETURN POLICY and DEFECTIVE. New products can be returned within 30 calendar days from the date of purchase if in the exact same condition as received: un-used, sanitary wraps in place and tags attached to the product. Returns require prior authorization from FITLY.  Email: csv@fitlyrun.com to receive an RMA (Return Authorization) number.  Any product returned to FITLY must be marked with the RMA number and sent freight prepaid.  Failure to follow any of the return qualification and/or process voids any obligation by FITLY.  FITLY will process the refund within 30 days. Defective products MUST be returned to FITLY following the same process.  FITLY reserves the right to replace, refund or repair any defective products or parts at its sole discretion.
  11. 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 US laws, and is the property of FITLY.
  12. TRADEMARKS. All trademarks, service marks and trade names of FITLY used in the site are trademarks or registered trademarks of FITLY.
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