This page tells you the terms and conditions on which we supply any of the products (“Products”) and services (“the Services”) listed on our website www.elementfitness.eu (our site) to you. Please read these terms and conditions carefully before ordering any Products.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
www.elementfitness.eu is a site operated by SIA ELEMENT LAB (Element Fitness). We are registered in Latvia under company number 41503044169, VAT Registration Number: LV41503044169 and with our registered office at 7B Stiklu Street, Daugavpils, LV-5404, Latvia.
2.1 Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (the Pro-Forma Invoice or Invoice). The contract between us (Contract) will only be formed when we send you the Pro-Forma Invoice or Invoice.
2.2 The Contract will relate only to those Products or Services whose dispatch or supply we have confirmed in the Invoice. We will not be obliged to supply any other Products or Services which may have been part of your order unless such Products or Services have been confirmed in a separate Invoice.
2.3 In the event that Element Fitness product is mistakenly listed at an incorrect or outdated price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price.
2.4 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
2.5 Where you dispute any invoice, you shall notify us 3 days in writing. We shall provide all such evidence as may be reasonably necessary to verify the disputed invoice, and the parties shall negotiate in good faith to attempt to resolve the dispute promptly. We reserve the right not to supply any further Products to you while such a dispute is ongoing. Where only part of an invoice is disputed, you shall pay the undisputed amount on the due date for payment as set out. If the parties have not resolved the dispute within 30 days of your notice of dispute, we reserve the right to terminate the Agreement, whereupon all Charges payable under the Invoice shall become immediately due and payable.
2.6 All Charges due under the Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting our other rights or remedies, set off any amount or respectable Products amount owing to you by us against any amount payable by us to you.
3.1 You may cancel an Order for a Product at any time within 14 (fourteen) working days, beginning on the day after you received the relevant Products or Services. In this case, you will receive a full refund of the price paid for the Products or the Service within 14 days after we receive a Product(s) back to our Warehouse at 7B Stiklu Street, Daugavpils, LV-5404, Latvia. Product(s) must arrive at Element Fitness in good, salable condition before a refund will be given.
3.2 To cancel a Order, you must inform us in writing within the Cancellation Period. You must also return any related Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.2 The custom-made Product(s) or Goods sold at special prices cannot be returned. Custom Products means Products modified, designed or manufactured to meet Partners or end-user customer requirements.
4.1 We shall use reasonable endeavours to deliver the Products to the location set out in the Order Terms or such other Delivery location as the parties may agree at the date agreed between the parties. Where the Delivery Location is otherwise than at our warehouse, please note that additional charges may apply, which we shall inform you of in advance, and all prices in price lists quoted are on an EX WORKS basis (according to Incoterms 2010) from our premises unless specified otherwise. The delivery rates are calculated for open delivery dates, which are indicative and is therefore excluded any responsibility of the Element Fitness for any damages arising from early or late delivery, total or partial.
4.2 Delivery of the Products shall be completed on the Products' arrival at the Delivery Location. The customer is liable for cargo unloading from the truck and primary visual inspection. We shall not be liable for any delay in delivery of the Products that is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products, or your failure to take delivery of the Products.
4.3 We may deliver the Products by instalments. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
4.4 If you fail to accept or take delivery of any Products, then except where such failure or delay is caused by our failure to comply with our obligations under the Agreement then delivery shall be deemed to have taken place within 2 Business Days following the day on which we notified you that the Products were ready, and we reserve the right to either store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance), or to cancel the Agreement.
4.5 Any claim by you which is based on any defect in the quality or condition of the Deliverables or their failure to correspond with Specification shall (whether or not delivery is refused by you) be notified to us within 3 Business Days from the date of delivery of the Products or completion of the Services or within a reasonable time after discovery of the defect or failure.
4.6 You shall be responsible for arranging for testing and inspection of the Products at our premises before shipment. We shall have no liability for any claim in respect of any defect in the Products which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
5.1 We warrant to you that any Product purchased from us will perform in accordance with its specifications, subject to fair wear and tear. The warranty covers free replacement of any defective parts in order to restore product function, sending missing parts from specification free of charge, or, at our option, a replacement of the whole Product if we do not believe that it can be repaired by replacement of parts. We are not liable for use of the equipment in any way that does not comply with the instructions, or for use by persons in unsuitable physical conditions, as the users are responsible for ascertaining the suitability of their health. The users should use the equipment purchased only under their own exclusive responsibility, using the machinery correctly in strict observance of the safety regulations.
5.2 Element Fitness offers a 5-year Warranty on all structural steel material, equipment frames, and welding integrity when used as intended as applicable to the original purchaser.
5.3 Paint / Powder Coating / Moving parts / Parts in rubber and plastic are warrantied for 1 year after receipt of order as applied to the original purchaser. Padding parts are warrantied for 6 months. Warranty items are subject to inspection by Element Fitness production team in order to determine if warranty-voiding abuse, neglect, or misuse is present.
5.4 Our sole liability in respect of a breach of the warranty is to send a replacement of the defective parts or, at our option, to replace the Product as referred to in clause 5.1.
5.5 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product or Service you purchased.
5.6 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any other liability which cannot be excluded or limited under applicable law.
5.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly held via email. We will contact you by e-mail or provide you with information by posting notices on our website elementfitness.eu. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-downs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
7.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
8.1 We have the right to revise and amend these terms and conditions to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
8.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
9.1 Contracts for the purchase of Products through our site will be governed by Latvian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Latvia.