Welcome to www.fitfroggie.com. These terms of service apply to the site and all its divisions, subsidiaries, and affiliate-operated internet sites which make reference to these terms and conditions. Please kindly read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.fitfroggie.com website and/or the mobile application (the “Service”) operated by Fit Froggie. In these terms, “us,” “we,” or “our” could be used to mean Fit Froggie.
We, Fit Froggie, a company registered in the United States of America and operating within the ambit of the laws of the State and European Union, value our privacy and want to be accountable to you, and transparent with you, in the way that we collect and use your personal information. We also want you to know your rights in relation to your personal information. We operate the website www.fitfroggie.com (our site).
The following defined terms shall apply in these T&C: “Fit Froggie” or “we” shall mean the relevant Fit Froggie company as provided in our credentials of operation. On August 1, 2010, this entry was published. “Territory” means the place where the Fit Froggie in question is located, as stated in the credentials of operations. All transactions and dealings between you and Fit Froggie are subject to these terms and conditions.
You may not register to participate or apply to open a member account on our site if you are: under 16 years of age (by registering to participate or own a member account on our site, you warrant and represent to us that you are at least 16 years of age). The only exception to this is that a parent or guardian could give permission to their child to use this site, provided that such permission is written and mailed to the company, stating the reasons for their permission and accepting due responsibility for their action. Otherwise, any such person below 16 years of age whose activities are categorized as prohibited should exit forthwith.
The decision to abide by our rules is believed to have been made by you after careful consideration. Therefore, you have been granted a non-exclusive, non-transferable, withdrawable limited license to use this site in compliance with the terms and conditions to which you have already subscribed. It is prohibited on this site to make any false representation in any form or pattern. On your own, you acknowledge and agree that all content and services available on this site are property of the company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in Atlanta and internationally. The company, its advertisers, and licensors reserve all rights not expressly stated or granted herein. You agree to pay for all purchases and services using your name and credit card through this site, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting from any non-payment.
You may register or open a member account on our site by completing and submitting the application form on the accessible webpage (“www.fitfroggie.com”), including providing details of your relevant, current, and up-to-date data. We will evaluate your application and notify you of its acceptance or rejection.
By registering, you represent and warrant that all of the information provided in the registration form is complete, accurate, and up to date, and that you will notify us immediately of any changes to the same.
You agree to comply with these terms and conditions and with the Fit Froggie codes, processes, procedures, policies, and guidelines, as may be amended by the company from time to time and which form an integral part of the terms upon which you may participate or subscribe to our services; and
We will ask you to expressly agree to these terms and conditions, policies, and guidelines by clicking to confirm your agreement (and such electronic signature shall be considered an original signature for all purposes); and/or by physical signature, if required by Territory laws.
a. Use:
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database, or directory without written permission from Fit Froggie is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this agreement is prohibited.
b. Security:
You agree that if the Fit Froggie issues you a username and password, you will use your best efforts to prevent anyone other than yourself from accessing this Site using your username and password, including but not limited to keeping such information strictly confidential, notifying the company immediately if you discover loss or access to such information by an unauthorized party, and using a secure username and password that is not easily guessed by a third party. You authorize the company to rely on your username and password to identify you when you use the company’s services.
You also agree not to try, attempt, or make any attempt to reverse assemble, reverse compile, disassemble, translate, or otherwise alter any executable code, contents, or materials on or obtained through this site. You know that if you do these things, you could face serious civil and criminal penalties, and that Fit Froggie will go after these penalties to the fullest extent of the law to protect its rights and the rights of its other licensors.
c. Errors and Corrections:
At Fit Froggie, we make rigorous and reasonable efforts to include accurate and current information on our site. However, as a company, we do not warrant or represent that the site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and product and service availability, and we accept no responsibility for such errors. We may also make improvements and/or changes to the site’s features, functionality, or content at any time. If you see information or a description that you think is wrong, please let us know, and we’ll fix it right away.
Our service may contain links to third-party web sites or services that are not owned or controlled by Fit Froggie. Where we provide links to third-party sites (our partners, advertisers, or merchants), we consider such links relevant and capable of providing important information for you to make an informed shopping decision or have an amazing experience.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You also acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services..
Except for the personal information a user gives, any information you post on this Site or send to Fit Foggie through this Site belongs to the Company and will always do so. We can’t keep your information secret, and as a result, we won’t be responsible for any future similarities between the services or products of the Company and what you’ve told us. Also, we are the only ones who own the rights to any information of any kind and nature, anywhere, now or in the future. You are required to agree and give your consent that you are the only one responsible for the material, including its accuracy, legality, originality, and copyright. You hereby assure us, represent, and warrant that the information you have submitted does not violate or infringe the rights of any third party anywhere in Atlanta or other places in the world.
You acknowledge and agree that we may: send you emails relating to the Fit Froggie programs or services from time to time; monitor, record, and use information about users or visitors to our site to monitor, crawl, and investigate your activities in order to verify compliance with these terms and conditions.
Fit Froggie observes the strictest standards of good taste and decency and requires the same from the user. By browsing through our site, you agree and understand that any content, such as text, communications, video, software, images, sounds, data, or other information, is:
a. appropriate, civil, and tasteful, adhering to widely accepted internet etiquette and behavior standards;
b. is not obscene, indecent, pornographic, lewd, suggestive, or sexually explicit.
c. not be blasphemous or violate laws prohibiting racial or religious hatred or discrimination;
d. not be deceptive, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, or inciting;
e. not causing any person annoyance, inconvenience, or unnecessary anxiety; or constituting spam
f. not be illegal or unlawful, infringe any person’s legal rights, or capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law) and must not infringe or breach:
- copyright, moral right, database right, trademark right, design right, passing off right, or any other intellectual property right;
- any confidence right, privacy right, or data protection legislation right;
- any contractual obligation owed to another individual; or any court orders
h. impersonates any person or entity, including any employee or representative of this site, its licensors, or advertisers.
i. You also agree not to harvest or collect information about site users or use such information for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic email or communications for your own or a third party’s commercial purposes.
j. You also agree not to solicit or collect information from, or attempt to induce physical contact with, anyone under the age of 18 without appropriate parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in Fit Froggie’s sole judgment, does not comply with the company’s posture on acceptable user conduct or is otherwise harmful, objectionable, or inaccurate. This site is not responsible if it fails, takes too long, causes damage, or doesn’t get rid of the content.
You agree that your use of this Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this Site in violation of these Terms and Conditions and/or for any purpose that violates any local, state, federal or international law, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, or employees. In such an event, you agree that the owner of this Site may disclose your identity and contact information if requested by a government or law enforcement body, or as a result of a subpoena or other legal action, and that the owner of this Site shall not be liable for any damages or results thereof, and that you will not bring any action or claim against the owner of this Site for such disclosure.
As orders are placed by customers daily, we will process them quickly and instantly, and we will provide you with reports of confirmed purchases on a regular basis via relevant media on our website. We will generate self-billed invoices to authenticate your purchase. In terms of invoicing rules, this self-billed invoicing process shall adhere to the principles of the relevant articles of the European Union Council Directive on the common system of value-added tax.
Returns should be addressed to Printful Returns. You can find our exact addresses for returns here.
All other types of correspondence (notices, letters, etc.) sent to our address will be returned to the sender, as we’re not legally permitted to open correspondence that’s not addressed to us.
Also, you shouldn’t use Fit Froggie’s address as the legal address for your business or to send legal mail.
a. Where Are Return Sent?
The return address of your store is, by default, provided by Printful and is based on where your package was fulfilled:
Packages sent out from our US fulfillment centers are returned to our office address or contact www.fitfroggie.com. The correct return address will be mentioned on the order packaging. If this information isn’t, for some reason, available to your customer,
If you display a return address on your website, we advise you to publish a disclaimer that it should be used only for product returns. All other types of correspondence (notices, letters, etc.) sent to our address will be returned to the sender, as we’re not legally permitted to open correspondence that’s not addressed to us.
Once a return package reaches our facility, we’ll notify you via email. Based on the reason for the return, we’ll decide what the next steps should be. Check out our return policy for more info.
You can also set your own return address if it’s in the US and not a PO box. Please note that if you set your own return address, you will be responsible for your own returns.
b. What if an order gets lost in the mail?
For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. But, no worries! We’ll cover the cost of reprinting and shipping a replacement order for you.
We may ask for your help before doing that, like confirming with your customer that the shipping address was correct. It would also be good to double-check that your customer got in touch with the shipping carrier to try to locate the lost order.
Keep in mind that if tracking information states an order was delivered but your customer thinks they haven’t received it, we won’t take responsibility and reship that order. In that case, any replacements would have to be at your expense. You can check out our return policy for up-to-date details about reshipments.
c. My order shows it is being returned to sender, what now?
There are a few reasons an order can be returned to sender but most often it is due to an undeliverable address. Other instances include the package being unclaimed at customs or refused/returned by your end customer. You will receive notice once the order arrives back to our facility. We would advise contacting your end customer to determine how they would like to proceed and contact us with an updated address if you wish to have the product reshipped. New shipping charges will be applied for orders that have been unclaimed at customs, returned by your customer, or had an incorrect address originally provided.
d. What if the product is damaged in the mail?
If something arrives damaged, send a photo of the damaged goods to [email protected], and we’ll gladly send a replacement at no cost to you.
How are returns handled differently when comparing quality concerns or customers’ changing their minds?
If we make a mistake, we’ll pay for any returns or problems that come up as a result.
If your customer would like to exchange or return a product without any defect or due to a wrong size being ordered, it would be handled at your expense by placing a new order.
If the item is returned to our facility, someone from our team will contact you regarding the return. We will ship the return to you; however, you will be responsible for the additional shipping costs. Unclaimed returns get donated to charity after 4 weeks.
e. How long do I have to submit a claim for a return/exchange?
Any claims for misprinted, damaged, or defective items must be submitted within 4 weeks after the product is received. For packages lost in transit, all claims must be submitted no more than 4 weeks after the estimated delivery date.
f. What if the recipient’s address was wrong?
If the recipient’s address was wrong, then you are held responsible. Usually, the package is sent back to the return address. If you set the return address as your own, you can update the address and personally reship the order. If our address is set as the return address, then we’ll contact you for an updated address.
If the package was not returned to sender, then you would have to process a new order to replace the original.
g. What happens if a package wasn’t delivered to my customer, but the tracking states that it was?
If the package was marked as delivered by the carrier, but the customer reports they have yet to receive it, Fit Froggie won’t cover the cost of reshipping or refunding the order.
There may be cases where the delivery was made but the package was left in an unexpected location at the customer’s address. Customers should reach out to the carrier and inquire if any additional details were left by the delivery person. For example, “left under the table on the back porch.”
If your customer is unable to locate the package, you will need to place a new manual order to have it reshipped. We can’t help you file claims with shipping companies yet, but we hope to be able to in the future.
What now?
There are a few reasons an order can be returned to sender but most often it is due to an undeliverable address. Other instances include the package being unclaimed at customs or refused/returned by your end customer. You will receive notice once the order arrives back to our facility. We would advise contacting your end customer to determine how they would like to proceed and contact us with an updated address if you wish to have the product reshipped. New shipping charges will be applied for orders that have been unclaimed at customs, returned by your customer, or had an incorrect address originally provided.
To combat potential fraud, our policy on chargeback is as follows:
Once a chargeback occurs with respect to a member account, that member account will be suspended.
Fraud alerts and requests for information (i.e., cardholder or card-issuing bank querying authenticity) may be treated the same way as chargebacks.
If multiple chargebacks happen with respect to the same Member account, we reserve the right to terminate that Member account.
This Refund Policy does not apply to Brand Ambassador enrollments, which are subject to the terms of the Brand Ambassador Agreement and Policies and Procedures.
Once you create an account on our site, you have submitted relevant personal data to us, including but not limited to, your name, phone number, age, address, email address, etc. Such information remains on our database with confidentiality and protection. We only collect your information for the mutual benefits of both of us; to use the said data for the purpose of security on our site, enhancement of our services and products, and to enable you to use the site seamlessly.
We could also analyze your device information to extract reasonable information as permitted by the law to improve, enhance, or strengthen our website against unwholesome activities for the mutual safety of our company and your data. We will never use or convert your personal data for commercial, political, or illegitimate purposes.
When you purchase or make any order for any of our services or products, your card details are supplied to us to validate your order. This transaction makes your sensitive card details known to our website, and we are aware of such sensitivity. Therefore, the transmission of such details is discreet and safe with us. We shall, under no circumstance, reveal, expose, abuse, or trample the information to your detriment.
Submission of your data to our company via our website does not in any way or suggest we have your physical description. You remain anonymous, and our website automatically obscures any information that could lead to your direct or indirect identification.
The processing, use and re-use of the user’s data is wholly guided by the fundamental standards recognized by both the German Laws and EU Data Protection Regulation in respect of natural persons. We do not reveal, publicize, advertise, or supply data collected for commercial, political or cultural advantage, but for the enhancement and fortification of our services and website. However, we are mandated to comply with the law in releasing or producing your data to government institutions so permitted to request for that, for the purpose of safety, security, environmental or any other reason as may be deemed just and right.
In consideration of your acknowledgement of these Terms and Conditions, you shall perform or use the Site in accordance with:
a. all applicable laws and regulations from time to time in force, including all applicable anti-money laundering, anti-bribery, anti-corruption, sanctions and export control laws and regulations;
b. the highest standards of honesty, integrity and ethical business conduct;
c. the provisions of these Terms and Conditions, and the Fit Froggie Refund Policy, Privacy Policy and other Codes or Procedures made available on this Site and as may be amended by us from time to time; and
d. all reasonable instructions from us.
If you learn of any unlawful material or activity on our Site, or any material or activity that breaches these Terms and Conditions, you may inform us by contacting us for proper action.
You acknowledge and agree that you are a user or subscriber on our Site; and you are not an employee of the Company. Nothing in these Terms and Conditions is intended to, or shall be deemed to, create a contract for employment or create an employer-employee relationship between you and Fit Froggies.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership, joint venture, or agency agreement between you and our Company, and you shall not:
Fit Froggies shall not be liable for any loss, damage, or injury to you, however caused, and will not be liable in respect of any claim made against you by any third party, subject to the provisions of these terms.
Nothing in these terms and conditions shall exclude liability to the extent prohibited by Territory law.
You will indemnify Fit Froggie in full against all claims, costs, expenses (including legal expenses), loss, damage or liability awarded against or incurred by Fit Froggie as a result of any act, omission or breach of these terms and conditions by you.
Fit Froggie’s rights under these terms and conditions are without prejudice to any other rights or remedies available to it under the laws of the Territory.
You are solely responsible for maintaining an insurance policy covering your risks and potential liabilities under these terms and conditions.
We and our licensors own and control all copyright and other intellectual property rights in our website and the material on our website, and you will not acquire any rights in respect thereof by performing the services under these Terms and Conditions.
We hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license subject to the terms of these Terms and Conditions and solely for the limited purpose of subscription, usage, enjoyment, and purchase of goods and services on our Site.
commit any act that damages Fit Froggie’s intellectual property, name, or reputation;
commit any act that damages the intellectual property, name, or reputation of the products or
register or seek to register any trademark, trade name, or other intellectual property that is identical to, or likely to be confused with, any intellectual property owned by Fit Froggies or in relation to the products.
Unless as otherwise provided and subject to any rights or obligations accruing prior to termination, neither party will have any further obligation to the other under these terms and conditions.
We reserve the right to defer the date of delivery or to cancel a contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident, or stoppage of or affecting our business or work and which prevents or hinders the delivery of the goods or the performance of the services.
Assignment and sub-contracting: The agreement between the parties as provided by these terms and conditions is personal to Fit Froggie and it may not assign any of its rights or obligations, sub-contract or otherwise delegate performance of its obligations. Fit Froggie may, without the prior consent of the user, assign its rights and obligations to another company within the company’s group of partners, merchants, or subsidiaries.
We will request your express agreement to any revisions to these terms and conditions within the time frame we specify, and if you do not expressly agree to the revised versions within the time frame we specify, you will be deemed to have consented. If you expressly reject any such revisions, you may be deemed by us to have terminated the agreement, and we may discontinue your participation in the Fit Froggie Programs and Services and terminate the agreement.
No waiver: No breach of any provision of these terms and conditions will be waived except with the express written consent of the party not in breach. No waiver of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any subsequent or subsequent breach of that provision or of any other provision of these terms and conditions.
This agreement constitutes the entire agreement between the parties and supersedes all previous agreements between the parties.
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Notices: All notices or other communications to either party under these terms and conditions must be in writing and sent to:
Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of the Territory, and the parties agree to submit to the exclusive jurisdiction of the courts of the Territory.
We will ask you to expressly agree to these terms and conditions and the Fit Froggie codes, policies, and guidelines by clicking to confirm that you agree (and such electronic signature shall be considered as an original signature for all purposes); and/or by physical signature, if required by Territory laws.
