Terms and 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.swimspiritshop.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 swimspiritshop.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 swimspiritshop.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 site is a platform with various manufacturers, therefore it is not responsible for the return or exchange of goods. As far as all orders are carried out by the manufacturer (production and dispatch), questions and claims must be submitted directly to them. Detailed information on returns and exchanges can be found directly on the manufacturer’s website.

Please note that custom-made items cannot be returned. (You can double-check it directly on the manufacturer’s website)
Postage paid on the original order cannot be refunded.

3.5.1 Warranty:
The site is a platform with various manufacturers, therefore it is not responsible for the warranty of goods. As far as all orders are carried out by the manufacturer (production and dispatch), questions and claims must be submitted directly to them. Detailed information on warranty can be found directly on the manufacturer’s website.

3.5.2 Wrong Items:
The site is a platform with various manufacturers, therefore it is not responsible for the wrong shipping, or wrong items. As far as all orders are carried out by the manufacturer (production and dispatch), questions and claims must be submitted directly to them. Detailed information on wrong shipping and wrong items can be found directly on the manufacturer’s website.

3.5.3 Wrong shipping:
If the client has placed an order, and then changed his address, he must notify us within 24 hours, otherwise the order will be sent to the original address. We draw your attention to the fact that if 72 hours have passed since the order was placed, the change of address is not possible.
Other shipping problems – watch 3.5.1 

3.6 Refunds:
The site is a platform with various manufacturers, therefore it is not responsible for the wrong shipping, or wrong items. As far as all orders are carried out by the manufacturer (production and dispatch), questions and claims must be submitted directly to them. Detailed information on wrong shipping and wrong items can be found directly on the manufacturer’s website.

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

3.7 Cancellation – Orders can be canceled only within 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.

3.8 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.