OVERVIEW

Welcome to FitShock! The terms “we”, “us” and “our” refer to FitShock. FitShock operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). FitShock is powered by Shopify, which enables us to provide the Services to you.

The following Terms and Conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting or using our Services, or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities occurring under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ depending on the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations shown in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. FitShock reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until FitShock confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as FitShock may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Returns or exchanges of purchases are subject exclusively to the terms of our Return Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import taxes.

Prices shown in our online stores may differ from prices in physical stores or online stores operated by third parties. We may occasionally offer promotions related to our Services that are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed.

You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for purchases;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we transfer products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, audio files, and their design, selection, and arrangement, are the property of FitShock, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material on the Services. Except as expressly stated herein, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of FitShock, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by FitShock.

The names, logos, product names, service names, designs, and slogans of FitShock are trademarks of FitShock or its affiliates or licensors. You may not use these trademarks without prior written permission. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to third-party tools through the Services. We neither monitor nor control these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, conditions, or endorsements. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).

We may also, in the future, offer new features and/or services through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from such websites. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section correctly describes the relationship between Shopify and your store and should not be removed or modified.]

FitShock is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are conducted directly with FitShock. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and FitShock, including any injury, damage, or loss arising from products or services purchased. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with FitShock.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to provide and improve the Services for you. Information submitted to the Services may be transferred to and shared with Shopify and third-party service providers located in countries other than your own. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you send, upload, post, email, or otherwise submit ideas, suggestions, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes.

You further represent that:
(i) you own or control all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your Feedback; and
(iii) your Feedback complies with these Terms.

We are under no obligation to:
(1) maintain Feedback in confidence;
(2) pay compensation for Feedback; or
(3) respond to Feedback.

We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material or any computer virus or malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:
(a) for unlawful or malicious purposes;
(b) to violate laws or regulations;
(c) to infringe intellectual property rights;
(d) to harass, abuse, insult, defame, intimidate, or discriminate;
(e) to submit false or misleading information;
(f) to upload material that violates these Terms;
(g) to send spam or unsolicited advertising;
(h) to impersonate another person or entity; or
(i) to interfere with others’ use of the Services.

You also agree not to:
(a) upload viruses or malicious code;
(b) reproduce or exploit the Services;
(c) collect personal information of others;
(d) engage in phishing or similar activities;
(e) use bots, scrapers, AI tools, or automated systems to access the Services; or
(f) bypass security measures.

We reserve the right to suspend or terminate your account for violations of these Terms.

SECTION 14 – AGENTS

14.1

This section applies if you use or allow an “Agent” to access or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of a person or entity.

14.2

No Agent may access the Services unless it clearly identifies itself and complies with Section 14.4. Agents are prohibited from accessing the Services if we request that they stop.

14.3

We may limit or control how Agents access or use the Services.

14.4

Agents:
(i) must identify themselves in all HTTP/HTTPS requests by including “Agent/[AgentName]” in the user-agent string;
(ii) must not disguise themselves as humans or bypass CAPTCHA systems;
(iii) must answer truthfully when asked whether they are human or automated; and
(iv) must not bypass measures designed to restrict Agent access.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain responsible for all amounts due up to the termination date.

The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes only. We do not guarantee its accuracy, completeness, or usefulness.

UNLESS EXPRESSLY STATED OTHERWISE BY [MERCHANT], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted, secure, or error-free use of the Services. Some jurisdictions do not allow limitations on implied warranties, so some disclaimers may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [MERCHANT], ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SHOPIFY, AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FitShock, Shopify, and their affiliates, employees, contractors, licensors, and service providers from any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights; or
(3) your use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right or provision of these Terms does not constitute a waiver.

These Terms, together with any policies posted by us, constitute the entire agreement between you and us and supersede all prior agreements and communications.

SECTION 21 – ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without notice or consent.

SECTION 22 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where FitShock is located. You and FitShock consent to the jurisdiction of those courts.

SECTION 23 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS AND CONDITIONS

The most current version of the Terms and Conditions is always available on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check for changes periodically. Continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to: fitshock7@gmail.com

Our contact information is provided below:

FitShock
fitshock2@gmail.com
Weinberggasse 51/3, 1190 Wien, Austria
+43 681 812 - 0109
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