Terms of condition:
Welcome to our web site (“www.getuptitude.com”, or the “Website”). These General Terms and Conditions govern the access to and use of the Website, and regulate the offer, transmission and acceptance of purchase orders relating to products between the users of the Website and Uptitude GmbH
Please read these Terms & Conditions carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms & Conditions. If you do not agree to all or part of these Terms & Conditions, we invite you not to use our Website. This Website is managed and maintained by Uptitude GmbH Speckbacherstrassße 5 Innsbruck 6020 VAT: ATU71125702
Use of the website:
The access to and use of the Website, including display of web pages, communication with provider, downloading product information and making purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity.
Remember that you will be liable for your use of the Website and its contents. Uptitude GmbH shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to provider’s liability for intentional torts and gross negligence.
Link on the website:
All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, product designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Uptitude GmbH and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Uptitude GmbH as the case may be.
Uptitude GmbH shall have the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.
Uptitude GmbH is happy to give you this authorization free of charge in most of the case.
Limitation of liability:
Uptitude GmbH has adopted measures to ensure that the Content of the Website is accurate and does not contain any incorrect or out-of-date information. However, Uptitude GmbH cannot be held liable for the accuracy and completeness of the Content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, Uptitude GmbH cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the Internet. We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.
Liability based on statutory provisions protecting consumers shall remain unaffected.
The total amount of Uptitude’s GmbH liability in respect of the purchase of products under these Terms & Conditions is limited to the amount paid by the buyer for the purchase of the products.
The presentation of products within the framework of getuptitude.com does not represent a legally binding offer but rather an on-line catalogue without obligation. By clicking the button ‘Check out’, you are making a binding order for the goods contained in the shopping basket. We will accept the order sending you a confirmation e-mail. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two working days unless we are able to do it sooner.
If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.
Uptitude GmbH reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
Uptitude GmbH reserve the right not to accept some orders
Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.
You have the right to cancel this contract within 14 days without stating any reason. This cancellation rights must be exercised by informing us
Speckbacherstrassße 5 Innsbruck 6020 VAT: ATU71125702
by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract.
If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us.
We may refuse any repayment until we have received back and the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.
You must send back or hand back the undamaged goods without delay, and in any case at the latest within fourteen days from the day you informed us of the cancellation of this contract, to:
Speckbacherstrassße 5 Innsbruck 6020
If you wish to buy another good on our e-shop instead of the refund you have to be aware of the uniqueness of our products. You will receive something similar
Prices and and Payments:
The prices indicated on each product page may not be inclusive of all applicable taxes, depending on the Country of destination. Prices are subject to changes. However, such changes will not impact the price, or the description of the products for which you have already submitted an order accepted by Uptitude GmbH
Although we have taken all reasonable care to make sure that prices contained in the Website are accurate at the time of publication, a small number of products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges
We take reasonable care to make our Website secure. All payments on our Website, including credit/debit card transactions, are processed through Paypal, a secure online payment gateway that encrypts your card details in a secure host environment.
We aim to deliver within 4 (four) working days from the date when the order is placed. Any delay in shipment due to either carrier issues and/or exceptional or particular conditions related to the specific Country of destination is not under our responsibility. Some delay may occur during national Holidays. In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the products, we shall be authorised to postpone deliveries or to cancel them.
We ship worldwide. Shipments inside European Community cost 20 EURO and take about 2/3 working days since the date of the shipment.
Uptitude GmbH warrants to the consumer that the products purchased from its online store comply with the specifications and are free of material defects and workmanship errors for a period of twenty-four (24) months from the date of delivery.
This warranty applies only to products which are
(a) manufactured by or for Uptitude GmbH as identified by the Uptitude’s trademarks, trade name, or logo legally affixed to them,
(b) purchased by consumers from this Website. Products purchased from other unauthorized channels and from websites such as eBay, Amazon, etc. are not covered by these Terms & Conditions, and any problems that may arise in those cases need to be discussed and settled directly with the vendors from whom you purchased the product.
Signs of wear, such as scratches on lenses, will not be considered as product defects, but as events generated by normal use and therefore not covered by warranty.
This warranty does not apply :
1 if the product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the product;
2 to damages caused by failure to follow the instructions covered in the documentation for the products or other specific instructions from Uptitude GmbH;
3 if the product is damaged by misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions or lack of responsible care,
4 to damages due to any other cause not related to defective design, workmanship and/or materials.
If you want to benefit from this warranty you have to send us the proof that you purchased the product on our e-shop and show the defects sending us an e-mail at firstname.lastname@example.org. within a period of 2 (two) months from the date on which you detected such defects or lack of conformity.
After a preliminary appraisal of the problem, and only where this warranty applies, we will ask you to ship the products back to us, using the delivery service provided by our Customer Services.
If your complaint is communicated by email at email@example.com within 24 (twenty-four) months of purchase, and the defect or lack of conformity is recognized by Uptitude GmbH as a defect in materials and/or production, the product will be replaced free of charge with a new one. Due to the uniqueness of our products you will receive either a credit to spend on the e-commerce or a new model which will not be identical to the previous one but of equal value.
Your decision in this regard must be notified to us within 10 (ten) working days from our last communication approving your complaint.
If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect.
Governing law and jurisdiction:
These Terms & Conditions and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Austria. 2. All disputes arising in connection with these Terms & Conditions shall be subject to the non-exclusive jurisdiction of the court of Innsbruck, without affecting any consumer’s right to start a claim before the courts of the place of residence.