Terms of Sale

TERMS OF SALE

Please review these policies carefully before purchasing any product from Fit Bags, Inc. (DBA Fitmark) ("Fitmark") because the following terms apply to all products purchased or ordered by you via fitmarkbags.com (the "Site"):

PRICES

Your total price will include the price of the product plus any applicable sales tax, shipping and handling charges, and any other applicable charges displayed at check-out. Unless specifically stated otherwise, all prices are listed in U.S. dollars and are valid until altered by us. Fitmark reserves the right to change prices for products offered on the Site at any time (with or without notice), and does not provide price protection or refunds in the event of a price drop or promotional offering.

Discount codes cannot be used on discounted items.

SALES TAX

In addition to the price of your purchases, Fitmark will charge you a sales tax based on your shipping address and the sales tax rate in effect a the time your order is billed. Fitmark will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply.

SHIPPING AND HANDLING

We know how exciting it is to purchase new items, and do our best to ship all products within (5) business days. The estimated delivery time applicable to various methods of shipping are available on the Site at the time you place your order. However, Fitmark is not responsible for any delays in shipping. Orders placed after hours or on holidays will be counted as being placed the next business day. You agree to be responsible for all shipping charges, which will be included in your online check-out form and can be viewed on a summary screen prior to finalizing your order. All orders are shipped FOB Shipping Point and title to products passes from Fitmark to you upon shipment. If for some reason an item in your order is temporarily out of stock, we will hold your order until it is complete or cancelled by you.

PRODUCT DESCRIPTION; DISCREPANCIES

Fitmark endeavors to ensure that all information displayed via the Site is accurate. However, we do not warrant that product descriptions, photographs, pricing or other content available via the Site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered via the Site is not as described or pictured, your sole remedy is to return it in unused condition for a refund in accordance with Section 6 of these Terms of Sale. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order and to return the applicable product.

PRODUCT AVAILABILITY

Fitmark may revise or discontinue products offered via the Site at any time without prior notice and products may become unavailable to customers even after an order is placed. Your sole remedy in such cases is a refund of the price paid for the unavailable product.

RETURN POLICY

We hope that you will be thrilled with your Fitmark product, but if for any reason a non-custom product is not what you expected it to be and is in new and resalable condition, you have 30 days to return the product for a full refund. If you order a custom product, the sale is final and cannot be returned. However, custom ordered products are still covered under our warranty. When returning a product, you will be required to include a receipt and you will be responsible for the shipping cost associated with the return. To return a product please email us at info@fitmarkbags.com or call us at 855-328-4348.

Returns should be sent to:

Fitmark
Attention: Returns
1350 Bayshore Hwy, Suite 665
Burlingame, CA 94010

If you have any questions about returning a product or this return policy, please contact us at 855-328-4348.

WARRANTY

Our warranty policy is guided by the same principles as our workouts: No excuses. Go beyond your limits. We believe in our bags, which are made with great care from the highest quality materials and workmanship. We expect that you won't need to worry about it. But if you aren't satisfied with your bag, please let us know and we will replace any defects in the product materials or manufacturing. That's our commitment to you. The only thing you'll need is a proof of purchase, such as an original receipt or warranty registration. And fair's fair: if you buy your bag from a third party auction site or don't have proof of purchase, it's not covered under this warranty.

PAYMENT METHODS

The Site accepts credit cards (Visa, MasterCard, Discover, and American Express) and payment through your PayPal account as forms of payment. If a credit card or your PayPal account is being used for a transaction, Fitmark may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter. We may be unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order. If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.

RESTRICTIONS

Fitmark reserves the right to refuse any order placed on the Site. Fitmark may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that an order is cancelled or changed, Fitmark will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Fitmark reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Fitmark products are only available for sale within the United States and are not available in any other location. You agree not to purchase products, or place orders, or attempt to purchase products or place orders from the Site from outside of the United States.

AGREEMENT TO BE BOUND BY TERMS OF USE

Use of the Site is subject to acceptance of Fitmark's Terms of Service

FITMARK STORE FRONT CUSTOMER SERVICE

For assistance with billing questions or other order inquiries, please email us at info@fitmarkbags.com or call us at 1-855-328-4348.

OTHER TERMS AND CONDITIONS

Fitmark reserves the right to change these Terms of Sale on the Site at any time. Customers are encouraged to review these Terms of Sale on a periodic basis for modifications.

All transactions on the Site are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Fitmark employee or agent has the authority to vary any Fitmark policies or the terms and conditions governing any sale.

Last updated: April 9, 2012

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