Terms and Conditions
Article 1 Ownership of the Site and premises
These General Terms and Conditions of Contract and Supply, drawn up in accordance with Legislative Decree no. 70/2003 and Legislative Decree 206/2005, regulate the sales services present on the site https://kotorfitness.com/ and are stipulated between the sole owner of the site and the person (henceforth also called “User”) who consults the pages of the website https://kotorfitness.com/ (hereinafter: “Site”) and who uses the electronic product purchase services made available thereon.
kotor MuscleMakers and the User jointly understood are also called “Parties”.
The Site allows the purchase of the listed products.
These Terms and Conditions are binding between the parties indicated above and apply to all Users who purchase one or more products offered on this Site.
Users who use the Services offered on this Site affirm that they know and accept these Terms and Conditions, declaring, under their own exclusive responsibility, that they are 18 years of age.
With the exception of mandatory legislation, for the purposes of these Terms and Conditions, the User agrees that all contracts, notifications, information and other communications provided in electronic form meet the requirement of the written form, when required by law.
Article 2 Object of the contract
The contract regulates and has as its object the sale of the products offered on the Site.
These Terms and Conditions bind the Parties and have as their object the purchase of the products offered for sale on the Site.
The Company sells clothing, accessories and sports equipment through the Website, with particular consideration to products for armwrestling discipline.
Article 3 Prices
The prices on the site are clearly indicated and are exempt from paying VAT, since the company operates on a flat-rate basis pursuant to art. 1, paragraphs 54 to 89, of law 190/2014 and subsequent amendments.
Shipping costs may be added to the prices as displayed on the Site.
Prices may vary over time, but they will not affect the price charged to the User at the time of purchase, nor will they give rise to any new price rights for the User.
Exceptions to the above point are cases where the prices entered are disproportionate to the normal market value as a result of clerical errors.
Article 4 Method of purchase
The User to purchase the products referred to in art. 2, must add the selected products to the cart, then must enter their data for the shipment of the products ordered, accepting these Terms and Conditions and the Privacy Policy of the Site and making the payment within the terms provided therein.
Payment will necessarily be made in a single solution with the methods available on the Site, including payment via paypal, google pay and apple pay, also by debit or credit card on stripe.
If the User chooses payment by credit card, this circumstance is subject to verification that the issuing bank is authorized to make purchases on the web.
The payment procedure is to be considered as a purchase proposal.
The purchase will be considered completed upon receipt of a specific e-mail to the address provided by the User during the purchase phase.
In case of problems with the purchase procedure and/or errors in filling in the data, the User can write to the e-mail address info@kotorfitness.com.
The Company will verify compliance with the procedures referred to in the preceding points and, in the absence of justified reasons, will complete the purchase.
In case of errors in the compilation, the same must be communicated within 24 hours of payment.
The purchase contracts concluded and perfected will be stored electronically on special devices.
Article 5 Conditions of sale and use of the Site
The purchase by the User implies the total knowledge and acceptance by the latter of these Terms and Conditions.
There will be no commitment between the User and kotor MuscleMakers, and therefore no purchase contract can be considered concluded, in the event that errors or evident and recognizable inaccuracies, such as – by way of example only – errors or inaccuracies relating to the User’s data (including the address indicated for delivery) or relating to the identification and/or selection of the Products and/or related quantities and/or the related price.
Before shipping, we reserve the right to verify the correctness of the prices of the Products added to the cart and ordered by the User and, in the event of an error in the prices, reserves the right to cancel the order.
Furthermore, in the event of delivery difficulties at the address indicated for delivery, the User will be advised to make direct contact and find an alternative method of delivery of the Product or to obtain a full refund of the amounts paid.
The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability, negative consequence or expense in any way connected to claims against the User due to the fact that the latter has in any way used materials on the Site, in violation of any applicable legislation, the rights of third parties or the terms of these Terms and Conditions.
The User is solely and exclusively responsible for any consequence (legal or non-legal) that may derive from the improper use of the products sold by kotor MuscleMakers. No grievance, charge of liability or request for compensation can be made by the User to kotor MuscleMakers and its suppliers as a result of the service and products offered.
kotor MuscleMakers guarantees that the delivered products meet the legal requirements of use, reliability and duration.
The User undertakes to check the product or products once received and, in the event of one or more products not conforming to the order placed, the User must inform the Company via the e-mail info@kotorfitness.com within 14 days from the date of receipt of the order.
Article 6 Shipping of orders
All orders are processed within 1-2 business days after receiving the order confirmation by email and will be shipped within a maximum of 3 working days from the date of purchase.
When we ship your order, you will receive a notification in the indicated email.
We offer shipping for €4.99 domestically (Italy) and shipping throughout Europe starting at €9.49
Article 7 Right of return
The Parties jointly agree on the absence of any right of withdrawal in the event that the User is not a consumer.
The User-consumer can exercise the right of withdrawal within 30 days from the date of purchase by writing to the following e-mail info@kotorfitness.com and communicating the reasons for the return, the method of shipping the product to the address provided by kotor MuscleMakers, the details for the payment of the amount to be returned.
The User declares to waive the right of withdrawal with regard to the purchase of tailor-made or clearly personalized products once the payment has been made and production has begun, as governed by art. 59 lett. c of d. lgs. no. 206 of 2005.
The User declares to renounce the right of withdrawal with regard to the purchase of products that risk deteriorating, as governed by art. 59 lett. d of the d. lgs. no. 206 of 2005.
The User declares to waive the right of withdrawal with regard to the purchase of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery, as governed by art. 59 lett. and of the d. lgs. no. 206 of 2005.
In all other cases, in order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the 30-day period from receipt of the product.
In the event that the User has chosen to have the products requested in a single order delivered in several shipments, the deadline for exercising the withdrawal will start with the delivery of the last product.
Within 30 days following the date of communication of the withdrawal, the User must return the product by registered post or with traceable shipping to the address indicated by the Company.
The User bears the shipping costs resulting from the withdrawal.
Once the Product has been received by kotor MuscleMakers, the same will proceed with the refund using the payment method chosen by the User at the time of the Order.
Finally, it should be noted that the User does not have the right to withdraw in the following cases:
the delivered products have been exposed to abnormal circumstances;
the buyer has not used the product in a prudent and careful manner;
the purchaser in wearing the clothing purchased, wears the same for periods of time longer than the equivalent of a simple fitting in the dressing room (1 day from delivery);
the occurrence of circumstances not dependent on the Company, such as damage resulting from force majeure or caused by the carrier during transport.
Article 8 Company obligations
kotor MuscleMakers is not responsible for any damage that is not an immediate and direct consequence of the breach of contract.
kotor MuscleMakers is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products for sale on the Site.
kotor MuscleMakers reserves the right to prevent access to the Site, in case of violation of the applicable legal provisions and/or violation of these Terms and Conditions.
Furthermore, kotor MuscleMakers is not responsible in the event of delays or breaches of contractual obligations, nor in the event of delays, disservices or suspensions of the Site if one or more of these problems derive from unforeseeable circumstances or force majeure.
(Among the causes that could lead to suspension, delay or in any case breach of contractual obligations, for which kotor MuscleMakers does not fall under the responsibility, the following causes are listed by way of example and NOT exhaustively: malfunction of telephone and/or electricity lines and/or the internet; malfunctioning of software, hardware and/or hosting services; interruptions and/or suspensions due to provisions of the law, even of an exceptional nature or by acts of Italian or foreign authorities; for tampering or interventions by third parties on services or equipment used by kotor MuscleMakers during the production phase of the products; for incorrect use of the platform by Users; malfunctioning of the connection devices used by Users; non-compliance and/or obsolescence of equipment or programs used by Users; for malfunctioning services, data loss, accidental disclosure of non-attributable personal or sensitive data them to the behavior of kotor MuscleMakers, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers and/or viruses).
Article 9 Privacy policy
For information and regulations relating to the processing of personal data by kotor MuscleMakers, please refer to the page on the privacy information, present at the foot of the home page of the Site, or visit the following link: Privacy policy.
Article 10 Language, Applicable Law, Dispute Resolution and Jurisdiction
These Terms and Conditions are written in English.
Without prejudice to the rights due to Consumers, the Court of Reggio Emilia will have exclusive jurisdiction for any dispute.
The User/Consumer habitually residing in the European Union can benefit from the additional protections provided for by the mandatory regulations of the country of residence.
The User/Consumer has at his disposal a platform, set up by the European Commission, for the resolution of online disputes, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/.
Article 11 Links to external websites
The links and links to external sites made available by kotor MuscleMakers are for information only.
No responsibility can be attributed to kotor MuscleMakers regarding the use of external sites.
The inclusion of external links does not imply any connection with them, nor any responsibility for the correct processing of data according to the privacy legislation or any other information provided by the User/Client to external websites.
Article 12 Duration and modifications
These Terms and Conditions will remain valid and effective as long as they are not modified and/or integrated by kotor MuscleMakers.
Any changes to these Terms and Conditions will take effect and become binding for the User from the moment of publication on the Site and will apply to sales made from that date.
Changes to these Terms and Conditions, arising from regulatory needs and/or updates, will be published on the Site in order to inform the User.
Article 13 Final provisions
The clauses that for whatever reason are to be considered wholly or partially null and/or ineffective, do not affect the remaining provisions of this contract, which will remain valid and effective between the parties.
kotor MuscleMakers may at any time and without notice deactivate the User’s access to the Site or suspend the sale of products, if the same does not comply with one or more of these contractual clauses or voluntarily violates, with incorrect conduct, this agreement, without that the User can claim damages and/or compensation of any kind and/or refund of sums.
In the event of breach by the User of this contract, failure by kotor MuscleMakers to act does not in any case represent a waiver of action.
Article 14 Communications and Complaints
All communications and/or any complaints from the Customer against the Company must be sent to the e-mail address: info@kotorfitness.com