Terms of Service
Last Updated: December 19, 2025
Welcome to Fitnestail. These Terms of Service ("Terms") govern your use of our website www.fitnestail.com (the "Site") and the purchase of products from our online store. By accessing or using our Site, you agree to be bound by these Terms.
Please read these Terms carefully before using our Site. If you do not agree to these Terms, you may not access or use our Site.
1. Acceptance of Terms
By accessing, browsing, or making a purchase on www.fitnestail.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and customers of the Site.
2. Eligibility
You must be at least 18 years old to use our Site and make purchases. By using our Site, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding contracts
- You will use the Site in compliance with these Terms and all applicable laws
- All information you provide is accurate, current, and complete
3. Account Registration
To make purchases or access certain features, you may need to create an account. You agree to:
- Provide accurate and complete registration information
- Maintain and update your information to keep it accurate
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. Products and Services
Product Information
We strive to provide accurate product descriptions, images, and pricing. However:
- Product colors may vary slightly due to monitor settings
- We do not warrant that product descriptions are error-free or complete
- We reserve the right to correct errors, inaccuracies, or omissions at any time
- We may update product information without prior notice
Pricing
- All prices are listed in USD unless otherwise stated
- Prices are subject to change without notice
- We reserve the right to modify or discontinue products at any time
- Promotional offers are subject to terms and conditions specified at the time of the offer
Product Availability
- Product availability is subject to change
- We do not guarantee that products will be in stock
- We reserve the right to limit quantities purchased per person or order
- We may refuse or cancel orders at our discretion
5. Orders and Payment
Order Acceptance
Your order is an offer to purchase products. We reserve the right to:
- Accept or decline your order for any reason
- Verify your information before accepting an order
- Limit or cancel quantities purchased
- Refuse orders from customers with a history of violations
Order confirmation does not constitute acceptance. Acceptance occurs when we ship the product or send shipping confirmation.
Payment
- Payment must be received before order processing
- We accept major credit cards, debit cards, and other payment methods as displayed at checkout
- You authorize us to charge your payment method for the total order amount
- You represent that you are authorized to use the payment method provided
- All payments are processed securely through our payment providers
Order Cancellation
You may cancel your order before it is processed for shipment. Once processed, cancellations are subject to our Return and Refund Policy. We reserve the right to cancel orders for:
- Product unavailability
- Pricing or product description errors
- Suspected fraudulent activity
- Violation of these Terms
6. Shipping and Delivery
Shipping terms and delivery timeframes are outlined in our Shipping Policy. Key points:
- Delivery times are estimates and not guaranteed
- We are not responsible for delays caused by carriers, customs, or force majeure events
- Risk of loss passes to you upon delivery to the carrier
- You are responsible for providing accurate shipping information
- International orders may be subject to customs duties and taxes (your responsibility)
7. Returns and Refunds
Returns and refunds are governed by our Return and Refund Policy. Please review this policy carefully before making a purchase. Key requirements:
- Package opening video is mandatory for all return/exchange claims
- Returns must be requested within specified timeframes
- Certain items are non-refundable
- Customs duties and import taxes are non-refundable
8. Intellectual Property Rights
All content on this Site, including but not limited to text, graphics, logos, images, product descriptions, and software, is the property of Fitnestail or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not:
- Copy, reproduce, distribute, or create derivative works from our content
- Use our trademarks, logos, or brand names without written permission
- Frame or mirror any part of the Site
- Use automated systems (bots, scrapers) to access the Site
- Reverse engineer or attempt to extract source code
9. Prohibited Uses
You agree not to use the Site for any unlawful or prohibited purpose, including but not limited to:
- Violating any local, state, national, or international law
- Infringing on intellectual property rights
- Transmitting harmful code, viruses, or malware
- Harassing, threatening, or defaming others
- Impersonating any person or entity
- Collecting user information without consent
- Interfering with Site security or functionality
- Engaging in fraudulent activities
- Reselling products for commercial purposes without authorization
10. User Content and Reviews
If you submit reviews, comments, or other content to our Site:
- You grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, and display your content
- You represent that you own or have rights to the content submitted
- Your content must not violate any laws or third-party rights
- We reserve the right to remove or edit content at our discretion
- We are not responsible for user-generated content
11. Disclaimers and Limitation of Liability
Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the Site will be uninterrupted, secure, or error-free
- Warranties regarding the accuracy or reliability of information
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITNESTAIL SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Damages resulting from unauthorized access to your account
- Damages caused by third-party service providers
- Damages exceeding the amount you paid for the product
12. Indemnification
You agree to indemnify, defend, and hold harmless Fitnestail, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your use of the Site or products
- Your violation of any third-party rights
- Any fraudulent or illegal activity
13. Third-Party Links and Services
Our Site may contain links to third-party websites or services. We are not responsible for:
- The content or practices of third-party sites
- Products or services offered by third parties
- Privacy policies of third-party sites
Your use of third-party sites is at your own risk and subject to their terms and conditions.
14. Privacy and Data Protection
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you consent to our data practices as described in the Privacy Policy.
15. Governing Law and Dispute Resolution
Governing Law
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or your use of the Site shall be resolved through:
- Informal Negotiation: Contact us at support@fitnestail.com to resolve disputes informally
- Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with Indian arbitration laws
- Jurisdiction: You agree to submit to the exclusive jurisdiction of courts in India
European Economic Area (EEA) Customers
If you are located in the EEA, you have the right to bring disputes before the courts of your country of residence or before the competent consumer protection authorities.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last Updated" date. Material changes will be communicated through:
- Email notification to registered users
- Prominent notice on the Site
Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.
19. Entire Agreement
These Terms, together with our Privacy Policy, Return and Refund Policy, and Shipping Policy, constitute the entire agreement between you and Fitnestail regarding the use of the Site and supersede all prior agreements.
20. Contact Information
If you have any questions, concerns, or disputes regarding these Terms, please contact us:
- Business Name: Fitnestail
- Email: support@fitnestail.com
- Website: www.fitnestail.com
21. Special Provisions for International Customers
Customs and Import Duties
International customers are responsible for:
- All customs duties, import taxes, and fees
- Compliance with local import regulations
- Providing accurate customs information
Currency
Prices are displayed in USD. Your bank or payment provider may charge currency conversion fees.
Consumer Rights
Nothing in these Terms affects your statutory consumer rights under applicable local laws, including EEA consumer protection laws.
By using www.fitnestail.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our Site or purchase our products.