Terms of service

Terms of Service

Welcome to the KRAUSE FITNESS store. Throughout the site, the terms “we”, “us” and “our” refer to KRAUSE FITNESS. KRAUSE FITNESS operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a tailored shopping experience (the "Services"). KRAUSE FITNESS is powered by Shopify technology, which allows us to offer these Services to you.

The following terms, along with the policies mentioned herein (“Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they may contain important information about your rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you accept these Terms of Service and our Privacy Policy[https://krausefitness.com/policies/privacy-policy]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or region of residence, and you consent to the use of the Services by any of your minor dependents on devices that you own, manage, or acquire. To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided to our stores is accurate, current, and complete, and that you have all necessary rights to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please keep in mind that the colors and appearance of products may vary on your device’s screen depending on the type of device used to access the store, as well as the device’s settings and configuration. We do not warrant that the appearance or quality of any purchased products or services will meet your expectations or match the presentation provided in our online stores. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or country as applicable.

SECTION 3 — ORDERS

At the time of placing an order, you are making an offer to purchase. Krause Fitness reserves the right to accept or reject your order for any reason and at its sole discretion. Your order will not be accepted until Krause Fitness confirms its acceptance. We must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as Krause Fitness may not support cancellation requests once an order is accepted. In the event of a rejection, modification, or cancellation of an order, we will notify you using the email address, billing address, and/or phone number provided at the time the order was placed. Your purchases are subject to return or exchange only in accordance with our Refund Policy [https://krausefitness.com/policies/refund-policy]. You represent and warrant that you are making purchases solely for personal use and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. It will be stated in the order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping costs, handling, duties, or import fees. Prices listed in our online stores may differ from those offered in physical stores, other online platforms, or third-party stores. From time to time, we may offer promotions on the Services that may affect pricing and are subject to terms other than these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) the credit card information is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchases; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees and all applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery dates are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Upon delivery of the products to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are the property of KRAUSE FITNESS, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You are prohibited from copying, distributing, modifying, creating derivative works of, or publicly displaying, performing, republishing, downloading, storing, or transmitting any material related to the Services without prior written consent. Unless explicitly stated otherwise in these Terms, nothing in these Terms grants or should be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property rights of KRAUSE FITNESS, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by KRAUSE FITNESS. The logos, product and service names, designs, slogans, and names of KRAUSE FITNESS are trademarks of KRAUSE FITNESS or its affiliates or licensors. You are prohibited from using such trademarks without the prior written consent of KRAUSE FITNESS. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans related to the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide you with access to third-party tools within the Services that we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools ”as is” and ”as available” without any warranties, representations, conditions, or endorsement of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. Accordingly, you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through our Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you decide to leave our Services to access these third-party materials or websites, you do so at your own risk. We are not liable for any harm or damages related to the access of third-party websites or the purchase or use of any products, services, resources, or content made in connection with any third-party websites. Please review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

KRAUSE FITNESS is powered by Shopify technology. This allows us to offer you our Services. However, all sales and purchases made in our Store are conducted directly by Krause Fitness. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sale between you and KRAUSE FITNESS, including any injury, damage, or loss incurred as a result of the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities related to or arising from purchases and transactions made at Krause Fitness.

SECTION 10 — PRIVACY POLICY

Any personal information we collect through the Services is subject to our Privacy Policy, which can be accessed here [https://krausefitness.com/policies/privacy-policy], and certain personal data may be subject to Shopify's Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have reviewed these policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve the Services. Information submitted through the Services will be transmitted to and shared with Shopify, as well as third parties, who may be located in countries other than your country of residence, for the purpose of providing services to you. Please refer to the privacy policy [https://krausefitness.com/policies/privacy-policy] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK

If you submit, post, email, or otherwise send any ideas, suggestions, feedback, opinions, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and rights under the terms of service. You further represent and warrant that: (i) you own or have all necessary rights to any Feedback; (ii) any compensation or bonuses received in connection with providing Feedback have been disclosed by you; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service. You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further confirm that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, local, or state laws, rules, regulations, or ordinances; (c) in violation of our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, knowingly receive, transmit, download, use, or re-use any material that is inconsistent with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Krause Fitness, Shopify, or users of the Services or expose them to liability. Additionally, you agree: (a) not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) not to copy, duplicate, reproduce, sell, resell, or exploit any portion of the Services; (c) not to collect or track the personal information of others; (d) not to spam, phish, pharm, pretext, spider, crawl, or scrape; (e) not to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for violating any of the prohibited uses.

SECTION 14 — TERMINATION

We may terminate this agreement or block your access to the Services (or any part thereof) at our sole discretion and at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. UNLESS EXPRESSLY STATED OTHERWISE BY KRAUSE FITNESS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL KRAUSE FITNESS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THE SHOPIFY PLATFORM AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Krause Fitness, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. We will notify you of any claim subject to indemnification, provided that failure to provide prompt notice shall not release you from your obligations unless you are materially prejudiced. We may exercise control over the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim involving non-monetary obligations without your consent (which shall not be unreasonably withheld). You have an obligation to cooperate with us in the defense of any indemnification claims, including providing relevant documents.

SECTION 18 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or local laws of the country where Krause Fitness is headquartered. You and Krause Fitness agree to submit to the jurisdiction of such courts.

SECTION 22 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of significant changes to these Terms in accordance with applicable law. Such changes will be effective on the date specified in such notice. Your continued use of or access to our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: info@krausefitness.com.
Our contact details are provided below:
ADRIAHOME RATYŃSKI SPÓŁKA JAWNA
Email: info@krausefitness.com
Address: Żeleźniki 130, 07-106 Miedzna, Poland
Phone: +48 735 033 624
KRS (Reg. No.): 0000864998
VAT ID: PL8241811514