Terms and conditions


Please read these terms and conditions carefully before using this Website. Your use of this Website confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this Website.

The Parties

The fitness-kids.com ("Website") is a site operated by "Kids and Fitness" Inc. (U.S.), 140 Ridgewood Ave. Suit 415, Paramus, New Jersey 07652, registered in New Jersey State under registration numbers: STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE No. 1562067 and Federal Tax Identification Number 46-0525134 and is hereinafter referred to as the "Seller". The "Buyer" is the person who places the Order in the Cart (the "Buyer"). The Seller supplies the Products ("Products") listed on the Website (Store).

Entering Into The Agreement

The Seller will acknowledge receipt of the Order electronically. All Orders are subject to acceptance by the Seller. As the acknowledgement of receipt is not acceptance of the Order, the Seller will confirm such acceptance to the Buyer by sending an email that confirms that the Product has been dispatched (the "Order Confirmation"). The Buyer shall review the Order Confirmation for any non-compliance with the Order both in terms of numbers, type of Product, price etc. Any discrepancy between the Order and the Order Confirmation shall be reported to the Seller as soon as reasonably possible either by calling the Seller at (201)477-0502 or via email info@fitness-kids.com.

The Seller cannot be held liable for and is not bound by writing or typing errors occurring in the communication with the Buyer.

The Seller reserves the right to cancel an Order or a part of an Order if the Product is out of stock. If out of stock, the Seller may offer the Buyer information about alternative Products. The Seller also reserves the right to cancel Orders which are assumed to be subject to resale. The Seller will promptly notify the Buyer of the cancellation and will offer a full refund for all monies paid for the cancelled Order.

In order to be able to shop at fitness-kids.com, the Buyer must be over 18 years of age.

These conditions of sale constitute, together with the Order and the Order Confirmation, the total contractual basis for the purchase (the "Agreement").

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Seller makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All video materials, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.)

Payment

Orders should be paid by credit card, debit card, bank card or PayPal via the payment system on the website.

The Order must be paid before it is dispatched by the Seller. Upon placement of the Order, the total purchase price will be reserved on the payment card used. If such a reservation cannot be made, the Seller reserves the right to cancel the Order and will promptly notify the Buyer of such a cancellation.

If the Buyer does not submit payment according to the Agreement, or if the payment is rejected or denied (in the case of payment by credit, debit or bank card, or PayPal), the Seller may cancel the Agreement.

Shipping Limitations and delivery

The Seller will ship the Order within a maximum of ten (10) working days of the date of the Order confirmation. If the Seller anticipates any delay in shipping the Order beyond 10 days, the Seller will notify Buyer of the delay and provide a revised shipment date.

Delivery will be made to the address stated in the Order. The Buyer chooses the method of delivery from the choices offered upon Ordering. Delivery costs such as shipping and handling charges are added to the price of the Products and will vary depending on your shipping address and the method of delivery selected.

The date of delivery will depend on the Buyer's chosen method of delivery and will appear at the Order confirmation. If more than one Product is ordered, the Seller reserves the right to send the Products in separate shipments.

When an order is placed, it will be shipped to an address designated by the Buyer as long as that shipping address is compliant with the shipping area specified on this Website. All purchases from this Website are made pursuant to an Agreement. The Buyer is responsible for loss or damage to the Product from the time the item is delivered to the Buyer according to the Agreement.

The Buyer or person representing the Buyer must be at the delivery address to sign for the shipment. This is to verify the shipment was not damaged during transit and the number of packages on the freight bill matches what was delivered. We have no re-course with the freight companies for damages not brought to the driver's attention and noted on the receiving ticket at the time of delivery. If absolutely necessary the Buyer can make prior arrangements with the freight company to leave the shipment at the delivery address without an inspection signature. Keep in mind, if the shipment arrives damaged, without your physical inspection at the time of delivery, any claim brought against Kids and Fitness Inc. will be promptly denied.

Prices

Information about the total amount to be paid by the Buyer, including federal, state/provincial, and local taxes, including environmental fees and all other fees and delivery costs, and the purchase specification of each element of the total price, is given in the Order before payment is made.

Accuracy of Information

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of this Website

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of fitness-kids.com. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with fitness-kids.com or purchasing fitness-kids.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with fitness-kids.com or to purchase fitness-kids.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by fitness-kids.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of fitness-kids.com or its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of fitness-kids.com.

Linking to this Website

Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any links to this Website must comply will all applicable laws, rule and regulations.

Third Party Links

From time to time, this Website may contain links to Websites that are not owned, operated or controlled by fitness-kids.com. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Indemnification

You agree to indemnify, defend, and hold harmless fitness-kids.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to you (including negligent or wrongful conduct).

User Information

Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit in any manner is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all mentioned above information for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.

Disclaimers

Your use of this site is at your own risk. Information, materials and services provided on or through this Website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither fitness-kids.com nor any other of its respective affiliates warrant the accuracy or completes of the information, materials or services provided on or through this Website. The information, materials or services provided on or through this Website may be out of date, and neither fitness-kids.com, nor any other of its respective affiliates makes any commitment or assume any duties to update such information materials or services. The following exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local law for any such prohibitions.

Kids and Fitness Inc. Warranty and Warranty Disclaimer

Kids and Fitness Inc. is proud to offer you our Limited 5 Year and 1 Year Warranty.

Kids and Fitness Inc. warranties all Wood components against structural failure due to warping, wood rot, insect infestation or decay for a period of 5 Years from the date of original purchase. This warranty does not cover cracks, fissions, checks, fading, knots and weathering that are normal natural characteristics of wood, that do not affect the structural integrity of the product. Surface rust, fading, weathering, cracks/chips in coatings and corrosion that does not affect structural integrity is not covered by this warranty.

Furthermore, all Kids and Fitness Inc. products (PLAYGROUND SETs) are warranted for a period of 1 (one) year from the date of purchase against defects in material and workmanship.

The Buyer has 7 days from the date the order was received to file a claim. Any items determined incorrect, missing or damaged will be replaced and shipped standard ground free of charge. Incorrect and damaged items must be returned. The method of the return and the release of the replacement is at the discretion of management. Defective PLAYGROUND SET parts will be repaired or replaced at Kids and Fitness Inc. liability that is limited to the defective part. Product covered under this warranty will be shipped at the customer's expense or Buyer can submit evidence (for example photos). Kids and Fitness Inc. is not responsible for any expense associated with freight, or delivery and installation of the warranted part(s). Kids and Fitness Inc. reserves the right to inspect all warranty claim parts for which a claim has been made or to analyze evidence. This limited warranty applies only to the original retail purchaser and for residential use only. These warranties void when product is transferred or sold by original owner. A copy of the original invoice must be presented to initiate warranty claim. This limited warranty does not cover damage from abuse, force-major, vandalism, negligence, lack of maintenance, alterations, use other than residential, unauthorized modification, damage due to moving of product or improper installation and or use.

Returns and Right of Cancellation

After shipment, the Buyer may cancel the purchase with 30 days of receipt and return the Product for any reason. The right of cancellation may be exercised even if the Product is free from defects. The Buyer needs to call customer service at (201)477-0502 or send request to info@fitness-kids.com for the return authorization number.

The Returned Product should be in unopened or original condition and accompanied with a copy of the packing slip/purchase receipt.

Please note that if the Buyer returns a Product that had been shipped to the Buyer with a gift item (for example, a mat) the Buyer is obliged to also return the gift in unopened or original condition.

Refund of the price of the item and any applicable taxes will be applied to the credit card used to purchase the item.

Shipping costs will not be refunded unless the item being returned is damaged or defective.

Shipping costs for return of non- damaged/non- defective are the Buyers expenses.

To ensure that your refund is processed as quickly as possible, please follow these instructions when packing and sending your product for return.

  • Send the product in its original packaging.
  • Pack the product so that it won't be damaged during the shipping process.
  • Include a copy of the packing slip.
  • Send the product via a method that can be tracked. For example, if you are sending it through the United States Postal Service, please send via certified mail.

 

We cannot process your return until your product has been received. Kids and Fitness Inc. is not responsible for items lost during shipping.

All returns should be returned to the following address: Kids and Fitness Inc. 445 Wagaraw Rd., Fair Lawn, NJ, 07410

The Buyer may cancel the purchase of the Product without penalty at any time before shipment and the Buyer will receive a full refund or credit within 30 days, with no additional charges or fees. The Buyer needs to call customer service at (201)477-0502 or send a request to info@fitness-kids.com and ask to cancel the order.

Limitations of Liability

fitness-kids.com assumes no responsibility, or will not be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. In no event will fitness-kids.com, or any of its respective officers, directors, employees, shareholders, affiliates agents, successors or assigns, nor any party involves in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption(s) rising out of the use, inability to use or the results of use of this Website, any Websites links to this Website, or the material, information or services contained on any or all such Websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law Please refer to your local law for any such prohibitions.

In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the product that you have purchased through this Website, you agree that your sole remedy, is a warranty for a period of one year from the date of purchase against defects in material and workmanship or to seek a return and refund for such product in accordance with the returns and right of cancellation policies posted on this Website.

Revisions to these Terms and Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. This Terms and Conditions were last modified on June 01, 2010.Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.

Dispute resolution, Choice of Law; Jurisdiction

The parties shall try to settle any disputes amicably. If an amicable settlement cannot be reached, the matter shall be settled before the courts.

These Terms and Conditions supersede any other agreement between you and Kids and Fitness Inc. to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of the State of New Jersey or the United States District Court for the District of New Jersey. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call us (201)477-0502 or send an email to info@fitness-kids.com

Low Price Guarantee

It is our commitment to provide you with the best value, at the best price. We respect you and strive to keep our prices low, and SAVE you money!

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