Terms of service

Article 1 – Definitions

In these conditions, the following is understood as:

Withdrawal period: the period in which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and concludes a distance contract with an entrepreneur;

Day: calendar day;

Ongoing transaction: a distance contract relating to a series of products and/or services, in which the delivery and/or contractual obligation is spread over time;

Durable data storage medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system for distance selling of products and/or services organized by the entrepreneur, whereby up to and including the conclusion of the contract, only one or more techniques of distance communication are used;

Technique of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being in the same room at the same time.

General conditions: these General Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Fitimperio.com is operated by ImperioX LTD, a legal entity registered under organization number 17081923 and located at 71-75 Shelton Street, London WC2H 9JQ, United Kingdom. Throughout the website, the terms “we”, “us”, and “our” are used to refer to fitimperio.com.

Article 3 – Applicability

These General Conditions apply to every offer of the entrepreneur and to every concluded distance contract and every order between entrepreneur and consumer.

Before the distance contract is concluded, the text of these General Conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the General Conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these General Conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data storage medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the General Conditions can be read electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that, in addition to these General Conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these General Conditions are at any time wholly or partially invalid or are declared invalid, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay in consultation with the parties by a provision that approximates the purpose of the original provision as closely as possible.

Situations not regulated in these General Conditions shall be assessed “in the spirit” of these General Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our conditions shall be interpreted “in the spirit” of these General Conditions.

Article 4 – The offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a well-informed assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or apparent inaccuracies in the offer are not binding on the entrepreneur.

All images, specifications, and information in the offer are non-binding and cannot form the basis for compensation or termination of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
how the agreement is concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the manner in which payment, delivery, and execution of the agreement take place;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs for using the technique of distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
how the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by them in connection with the agreement;
any other languages in which the agreement can be concluded in addition to Norwegian;
the codes of conduct to which the entrepreneur has committed and how the consumer can access these codes electronically; and
the minimum duration of the distance contract in the case of an ongoing agreement.

Optional: available sizes, colors, material types.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in Article 4, at the moment the consumer accepts the offer and fulfills the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may withdraw from the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this.

The entrepreneur may – within the framework of the law – investigate whether the consumer can fulfill their payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, they have the right to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur shall include with the product or service offered to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible and durable manner:

the visiting address of the business of the entrepreneur where the consumer can go with complaints;
the conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about guarantees and existing after-purchase services;
the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an ongoing agreement, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to withdraw from the agreement without stating reasons within 30 days. This withdrawal period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the withdrawal period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all accessories and – if reasonably possible – in its original condition and original packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. This must be done by the consumer in writing or by email. After the consumer has notified that they wish to exercise their right of withdrawal, the product must be returned within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not notified that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the consumer shall bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after the right of withdrawal has been exercised. This is subject to the condition that the product has already been received by the online shop or that conclusive proof of complete return of the product can be provided.

Article 8 – Exceptions to the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products in accordance with paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or in time before the conclusion of the agreement.

Exceptions to the right of withdrawal are only possible for products:

that are manufactured by the entrepreneur according to the consumer’s specifications;
that are clearly of a personal nature;
that, by their nature, cannot be returned;
that can spoil or become outdated quickly;
whose price is subject to fluctuations in the financial market that the entrepreneur cannot control;
for single copies of newspapers and magazines;
for audio and video recordings and software where the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.
Exceptions to the right of withdrawal are only possible for services:
that concern accommodation, transport, catering, or leisure activities to be carried out on a specific date or within a specific period;
if the delivery has begun with the express consent of the consumer before the right of withdrawal expires;
that concern betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to paragraph 1, the entrepreneur may offer products or services with variable prices, whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot control. This link to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal provisions or regulations.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of legal provisions or regulations; or
the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.

The prices stated in the offer for products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the laws and regulations in force at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The return of the products must take place in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for the individual use by the consumer or for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had this carried out by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled improperly or contrary to the instructions of the entrepreneur and/or have been handled incorrectly according to the packaging;
the defect is wholly or partly the result of regulations that have been or will be set by authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest care when receiving and executing orders for products.

The place of delivery is the address made known to the company by the consumer.

Subject to the provisions in Article 4 of these General Terms and Conditions, the company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will receive notification of this no later than 30 days after placing the order. In such cases, the consumer has the right to withdraw from the agreement free of charge and may be entitled to compensation.

Our business model is based on an order processing strategy in which a third party ships the ordered products under our brand.

In the event of withdrawal in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after withdrawal.

If delivery of an ordered product is impossible, the entrepreneur will make every effort to provide a replacement product. At the latest upon delivery, it will be stated clearly and understandably that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term agreements: duration, termination, and renewal

Termination

The consumer may at any time terminate an agreement that has been concluded for an indefinite period and that relates to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may at any time terminate an agreement that has been concluded for a definite period and that relates to the regular delivery of products (including electricity) or services, at the end of the definite term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraph:

at any time and is not limited to termination at a specific time or within a specific period;
at least in the same way as they were concluded;
always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement that has been concluded for a definite period and that relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, an agreement that has been concluded for a definite period and that relates to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite period and that relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement that relates to the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) is not tacitly extended and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness require that termination before the end of the agreed duration is not reasonable.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the commencement of the withdrawal period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, is entitled to charge the reasonable costs made known in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 30 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Additional costs

Special additional customs clearance costs and/or import duties are not included in the price and are borne by the customer.

Article 16 – Disputes

Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are governed exclusively by Norwegian law. This also applies if the consumer resides abroad.