Terms & Conditions EU
Last updated: August 2025
1. Scope
These Terms & Conditions (hereinafter: T&Cs) apply to all agreements concluded via our online shop (purchase contract and subscription) between us,
FitSmart B.V.
Blasiusstraat 84H
1091 CW Amsterdam
VAT: NL867472017B01
E-mail: [email protected]
(we or FitSmart B.V.)
and you as the customer, as well as for your use of our website https://thefitco.eu.
All agreements made between you and us in connection with the use of our website and the purchase contract or subscription are set out in particular in these T&Cs, our written order confirmation, and our declaration of acceptance.
The version of the T&Cs valid at the time of your use of the website or at the time the purchase contract or subscription is concluded shall apply.
We do not accept any deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
We sell our goods only to consumers and exclusively for private use. Commercial resale of our goods is prohibited.
2. Conclusion of a purchase contract
The presentation and advertising of products in our online shop does not constitute a binding offer to conclude a purchase contract.
By submitting an order in the online shop by clicking on the button “order with obligation to pay”, you place a legally binding order. You are bound by the order for a period of two (2) weeks after placing the order; your right to withdraw your order pursuant to § 4 remains unaffected.
We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute binding acceptance of the order, unless acceptance is expressly declared together with the acknowledgement of receipt.
A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivery of the ordered products.
If delivery of the products you ordered is not possible, e.g. because the respective product is not in stock, we will refrain from issuing a declaration of acceptance. In such a case, no contract shall be concluded. We will inform you immediately and refund any payment already made without delay.
3. Conclusion of a subscription
If you have ordered a “single subscription” or “double subscription”, a contract for regular delivery of the product is only concluded when we accept your order by means of a declaration of acceptance.
The subscription is entered into for a limited period of 1 month. It is automatically renewed for an indefinite period unless it is withdrawn pursuant to § 4, terminated pursuant to § 3 (3), or if you make use of the 30-day money-back guarantee pursuant to § 5.
You may cancel the subscription at any time with immediate effect and without giving reasons.
We may terminate the subscription for good cause with four weeks’ notice before expiry of the subscription period.
If delivery of the ordered products is not possible, e.g. because the respective product is not in stock, we will refrain from issuing a declaration of acceptance. In such a case, no contract is concluded. We will inform you immediately and refund any payment already made without delay.
4. Right of withdrawal
As a consumer, you have a statutory right of withdrawal. Please note that our products are sealed goods which, for reasons of health protection or hygiene, are not suitable for return once the seal has been removed after delivery. Therefore, the right of withdrawal is excluded once you have removed the seal by opening the product packaging.
5. 30-day money-back guarantee
If you are not satisfied with our product, you may request a refund of your first order within 30 days by returning the remainder of your product (including packaging) and sending an e-mail to [email protected] without giving any further reason.
In this e-mail you must state your name, order number, order date, and address. We will then inform you by e-mail how and to which address the product must be returned in order to receive your refund.
In the case of a double subscription, the full price will only be refunded if both packages are returned. If only one package is returned, only half of the price will be refunded.
All returns must include tracking by the carrier. You must provide us with the tracking number immediately after dispatch. Return shipping costs are not covered by us.
Refunds will be made as quickly as possible and always within 6 weeks of our receipt of the returned product.
The guarantee only applies to your first purchase or subscription and can only be exercised once. Special offers and trial offers are excluded.
6. Delivery conditions and prepayment
Delivery will take place after receipt of the purchase price plus shipping costs.
Delivery time is approximately 5 to 10 working days after payment.
For subscriptions, delivery takes place monthly by default.
7. Prices and shipping costs
All prices in our online shop are gross prices including statutory VAT and excluding shipping costs.
Shipping costs are stated separately.
In the case of subscriptions, the stated price (including shipping) will be charged again for each additional delivery.
In the event of a valid withdrawal, you may reclaim delivery costs already paid subject to statutory requirements.
8. Payment terms
The purchase price and shipping costs must be paid in advance via the payment methods available in the shop.
If you take out a subscription, you authorise us to debit your chosen payment method before each delivery.
9. Warranty
We are liable for defects in accordance with statutory provisions. The limitation period for statutory claims is two years from delivery.
10. Use of our website
Use of our website is permitted within the limits of these T&Cs. You indemnify us against any third-party claims resulting from a culpable breach of your obligations. We are entitled to use content you generate on the site within the framework of the service.
11. Liability
We are liable in cases of intent and gross negligence. In the event of a breach of essential contractual obligations, we are liable only for foreseeable damage typical of the contract.
Our liability for injury to life, body or health and under product liability law remains unaffected.
12. Intellectual property
All rights to logos, texts, images, and other content on the website are owned by us. Use without our prior consent is prohibited.
13. External content
We are not responsible for external websites to which we link.
14. Data protection
We comply with the EU General Data Protection Regulation (GDPR) and applicable national data protection laws. Please see our Privacy Policy for further details.
15. Changes
We may amend these T&Cs where necessary. We will inform you at least four weeks in advance. You may object; otherwise, the amended T&Cs shall apply.
16. Assignment
We may assign contracts and rights to other legal entities, such as affiliates or in the context of a merger or acquisition.
17. Applicable law and jurisdiction
These T&Cs and all agreements arising from them shall be governed exclusively by the laws of the Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are habitually resident in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected.
All disputes shall be submitted to the exclusive jurisdiction of the competent courts of the Netherlands.
The European Commission provides a platform for online dispute resolution. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
