Terms and conditions

Terms and Conditions

Overview

This website and its related applications are operated under the 365fits brand by HESTIY LIMITED. Throughout the website and application, the terms “we,” “us,” and “our” refer to the 365fits team.

365fits provides this website, including all information, tools, products, and services available through it, to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms and Conditions, also referred to as the “Terms” or “Terms of Service.” These Terms include any additional terms, conditions, and policies referenced herein or made available through hyperlinks.

These Terms and Conditions apply to all users of the website, including browsers, customers, merchants, contributors, and other users.

Please read these Terms and Conditions carefully before accessing or using our website or application. By accessing or using any part of the website, you agree to be bound by these Terms.

If you do not agree to all the terms and conditions contained in this agreement, you must not access the website, use the application, or use any of our services.

Any new features, products, services, or tools added to the store will also be subject to these Terms and Conditions.

You may review the most current version of these Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates or changes on our website or application.

It is your responsibility to review this page periodically. Your continued use of the website or application after changes have been posted constitutes your acceptance of those changes.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you agree not to use our products, website, or services for any illegal or unauthorized purpose.

You must not violate any applicable laws in your jurisdiction when using our Service, including copyright, trademark, privacy, consumer protection, and intellectual property laws.

You must not transmit viruses, worms, malicious software, or any other destructive code.

Any violation of these Terms may result in the immediate suspension or termination of your access to the Service.

Section 2 — General Conditions

We reserve the right to refuse service to any person where permitted by applicable law.

You understand that content you submit, excluding credit card information, may be transferred unencrypted and may involve:

  • Transmission across different networks

  • Changes required to conform to the technical requirements of connecting networks or devices

Credit card information is encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or contact information available through the website without our prior written permission.

The headings used in these Terms are provided for convenience only and will not limit or otherwise affect the interpretation of these Terms.

Section 3 — Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to provide accurate and current information. However, we do not guarantee that all information available on the website is accurate, complete, reliable, or up to date.

The material provided on this website is for general informational purposes only. It should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, current, or primary sources of information.

Any reliance on information available through this website is at your own risk.

The website may contain historical information that is provided for reference purposes only and may no longer be current.

We reserve the right to modify website content at any time, but we are not obligated to update any information unless required by applicable law.

You are responsible for monitoring changes to the website.

Section 4 — Changes to Services and Prices

Product prices are subject to change without prior notice.

We reserve the right to modify, suspend, or discontinue the Service, or any part of it, at any time without notice.

To the maximum extent permitted by applicable law, we will not be liable to you or any third party for any price change, modification, suspension, or discontinuation of the Service.

Section 5 — Products and Services

Certain products or services may be available exclusively online through our website or application.

These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Refund and Return Policy.

We make reasonable efforts to display product images and colors accurately. However, we cannot guarantee that the display on your computer, mobile device, or monitor will accurately represent the actual color or appearance of a product.

We reserve the right, but are not obligated, to:

  • Limit the sale of products or services to certain individuals, regions, or jurisdictions

  • Limit the quantity of products or services available for purchase

  • Modify product descriptions or prices without notice

  • Discontinue any product or service at any time

  • Reject or cancel orders where permitted by applicable law

Any offer for a product or service is void where prohibited.

Except where required by law or expressly stated by us, we do not guarantee that products, services, information, or other materials purchased or obtained through the website will meet every individual expectation.

Section 6 — Billing and Account Information

We reserve the right to refuse or cancel an order where permitted by applicable law.

We may limit or cancel quantities purchased per person, household, account, payment method, billing address, shipping address, or order.

These restrictions may apply to orders placed through the same customer account, credit card, billing address, or shipping address.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

We reserve the right to restrict or prohibit orders that we reasonably believe have been placed by unauthorized dealers, resellers, distributors, or for fraudulent purposes.

You agree to provide current, complete, and accurate purchase and account information.

You also agree to promptly update your information, including your email address, payment details, and card expiration dates, so that we can complete transactions and contact you when necessary.

For additional information, please review our Refund and Return Policy.

Section 7 — Optional Third-Party Tools

We may provide access to tools operated by third parties that we do not monitor, control, or manage.

You acknowledge that access to these tools is provided on an “as is” and “as available” basis, without warranties, representations, endorsements, or conditions of any kind.

To the maximum extent permitted by law, we are not responsible for issues arising from your use of optional third-party tools.

Your use of these tools is at your own risk and discretion. You should review and accept the terms and privacy policies of the relevant third-party provider before using them.

We may introduce new services, features, tools, or resources through the website or application in the future. These additions will also be subject to these Terms and Conditions.

Section 8 — Third-Party Links

Certain content, products, or services available through our Service may include materials or links from third parties.

Third-party links may direct you to websites that are not owned, operated, or controlled by 365fits.

We are not responsible for reviewing or evaluating the accuracy, content, policies, security, availability, products, or services of third-party websites.

To the maximum extent permitted by law, we do not assume responsibility for any damage or loss related to the purchase or use of products, services, resources, or content provided by third parties.

Please carefully review the policies and practices of third parties before entering into any transaction with them.

Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the relevant third party.

Section 9 — User Comments, Feedback, and Submissions

You may submit comments, reviews, contest entries, ideas, suggestions, proposals, plans, photographs, or other materials through our website, email, postal mail, or other communication channels.

Collectively, these materials are referred to as “Comments.”

Where permitted by law, you grant us a non-exclusive, worldwide, royalty-free right to use, reproduce, edit, publish, translate, adapt, distribute, and display the Comments you submit for purposes related to operating, improving, or promoting our products and services.

Unless otherwise required by law or agreed by us in writing, we are not obligated to:

  • Keep Comments confidential

  • Pay compensation for Comments

  • Respond to Comments

We may monitor, edit, restrict, or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable.

You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You also agree that your Comments will not contain unlawful, defamatory, offensive, obscene, or malicious material, including viruses or malware that could affect the operation of the Service.

You must not use a false email address, impersonate another person, or mislead us or third parties about the origin of any Comment.

You are responsible for the accuracy and legality of the Comments you submit.

Section 10 — Personal Information

Personal information submitted through our website or store is collected, used, stored, and processed in accordance with our Privacy Policy.

Please review our Privacy Policy before submitting personal information.

Section 11 — Errors, Inaccuracies, and Omissions

Information available through our website or Service may occasionally contain typographical errors, inaccuracies, or omissions relating to:

  • Product descriptions

  • Product images

  • Prices

  • Promotions

  • Discounts

  • Offers

  • Shipping charges

  • Delivery estimates

  • Product availability

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel an affected order at any time, including after an order has been submitted.

Where required, we will notify you and issue an appropriate refund for any cancelled order.

We are not obligated to update, amend, or clarify information unless required by applicable law.

A stated update or refresh date does not necessarily indicate that all information on the website has been updated.

Section 12 — Prohibited Uses

In addition to other restrictions contained in these Terms, you must not use the website, application, Service, or its content:

  1. For any unlawful purpose

  2. To encourage another person to participate in unlawful activity

  3. To violate any applicable international, national, state, provincial, or local law or regulation

  4. To infringe our intellectual property rights or the rights of others

  5. To harass, abuse, threaten, insult, defame, intimidate, or unlawfully discriminate against another person

  6. To transmit false, fraudulent, or misleading information

  7. To upload or transmit viruses, malware, or malicious code

  8. To collect or track another person’s personal information without authorization

  9. To send spam, phishing messages, or other unsolicited communications

  10. To scrape, crawl, spider, or otherwise access the website through unauthorized automated methods

  11. For obscene, fraudulent, abusive, or immoral purposes

  12. To compromise, disable, bypass, or interfere with the security features of the Service or any related website

  13. To interfere with the operation, accessibility, or functionality of the Service

We reserve the right to suspend or terminate your access to the Service if you violate these prohibited-use provisions.

Section 13 — Disclaimer of Warranties and Limitation of Liability

We do not guarantee that the Service will always be uninterrupted, timely, secure, available, or error-free.

We do not guarantee that results obtained through the use of the Service will always be accurate, complete, or reliable.

We may suspend, remove, or discontinue all or part of the Service at any time where permitted by applicable law.

Except where expressly stated by us or required by law, the Service and all products and services provided through it are offered on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, we disclaim all express or implied warranties and conditions, including warranties of:

  • Merchantability

  • Merchantable quality

  • Fitness for a particular purpose

  • Durability

  • Title

  • Non-infringement

Nothing in these Terms excludes or limits rights or remedies that cannot legally be excluded or limited under applicable consumer protection law.

To the maximum extent permitted by law, 365fits and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages.

This includes loss of profits, revenue, savings, business opportunities, data, or replacement costs arising from:

  • Your use of or inability to use the Service

  • Products purchased through the Service

  • Errors or omissions in website content

  • Content transmitted or made available through the Service

Where a jurisdiction does not permit certain exclusions or limitations of liability, our liability will be limited only to the maximum extent permitted under applicable law.

Section 14 — Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 365fits and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from claims or demands arising from:

  • Your material breach of these Terms

  • Your violation of applicable law

  • Your infringement of a third party’s rights

  • Your misuse of the website or Service

This obligation includes reasonable legal fees where recoverable under applicable law.

Section 15 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by law.

The unenforceable portion will be considered severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Section 16 — Termination

Rights, obligations, and liabilities that arose before termination will survive termination where appropriate.

These Terms remain effective until terminated by you or us.

You may terminate your agreement with us by discontinuing your use of the website and notifying us that you no longer wish to use our Services.

If we reasonably believe that you have violated these Terms, we may suspend or terminate your access to the Service where permitted by law.

You will remain responsible for any amounts owed up to and including the effective date of termination.

Section 17 — Entire Agreement

Our failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules published on the website, constitute the entire agreement between you and 365fits regarding your use of the Service.

They supersede previous or contemporaneous agreements, communications, and proposals relating to the Service, whether oral or written.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

Section 18 — Changes to These Terms

You may review the most current version of these Terms and Conditions at any time on this page.

We reserve the right to update, modify, or replace any part of these Terms by publishing updates on our website or application.

It is your responsibility to review this page periodically.

Your continued use of the website, application, or Service after revised Terms have been published constitutes your acceptance of those revisions.

Section 19 — Governing Law and Company Information

These Terms and Conditions and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of the United Kingdom, together with any other mandatory laws applicable to the merchant’s operations.

Where applicable, this may include:

- Laws in jurisdictions where the merchant conducts business
- Mandatory consumer protection laws in the customer’s location
- Requirements applicable to payment processors, acquiring banks, and service providers

Mandatory consumer rights available under the laws of your place of residence will not be affected by these Terms.

Company Information

Company Name: HESTIY LIMITED

Company Address: 7 Copperfield Road, Coventry, West Midlands, United Kingdom

Note: This address is not a return address, and no returns will be accepted at this address. If a return is sent to this address without authorization, no refund will be issued. Thank you for being so cooperative.

Please contact our customer service team before returning any product to obtain the correct return address and return instructions.

Contact Information

Questions regarding these Terms and Conditions may be sent to:

Email: service@365fits.com