These general terms and conditions (referred to as
"T&C" or the "Terms and Conditions") apply to the agreement for the sale
and purchase of products and services distributed by Byte Puls d.o.o. (referred to as
"LIFTIFY"), a company incorporated under the laws of Croatia with its registered
office at Istarskog razvoda 10, 52100, tax code and VAT number HR34046271686. The products and
services can be purchased through authorized dealers, distributors, agents, or the website
https://liftifysensor.com (referred to as the "Website").
By using the services or purchasing the products and services sold by LIFTIFY,
any user or client agrees to be bound by these T&C. Prior to placing an order, the user or
client must accept these T&C as part of the agreement. The user or client confirms that the
personal data provided during the registration process on the Website are accurate and complete.
They also agree to indemnify and hold harmless LIFTIFY from any losses, damages, or liabilities
resulting from or connected to any violations of the registration regulations or the safekeeping
of their credentials. Validity of the T&C When purchasing a product from LIFTIFY, the
following documents form part of the agreement: The T&C stated on this page.
The order confirmation received via email. LIFTIFY will send the order
confirmation once the user or client has completed the following steps on the website: (i)
Selecting the desired product(s). (ii) Adding the selected product(s) to the cart. (iii) Logging
in or registering on the LIFTIFY website and accepting the T&C. (iv) Proceeding to checkout
and providing the necessary information for delivery and billing. (v) Placing the order,
confirming the payment method, and completing the payment process. By clicking the "Place
Order" button, the user or client is placing a binding order for the products in their
basket, confirming their authorization for such an order. The product descriptions and
photographs on the LIFTIFY website are for illustrative purposes only and do not constitute a
legally binding offer. The colors may not exactly match the real product due to variations in
internet browsers or monitor settings. The availability and deliverability of products shown on
the website are not guaranteed.
If a product becomes unavailable due to damage or stock shortages (for which
LIFTIFY is not responsible) before delivery, LIFTIFY will promptly notify the user or client of
the inconvenience and reimburse any payments received. LIFTIFY reserves the right to reject any
order placed by the user or client and withdraw from the agreement without providing reasons.
Reasons for rejecting an offer may include but are not limited to: delivery address outside the
countries currently served by LIFTIFY's transportation providers, incorrect or incomplete
delivery address provided by the user or client, suspicion of the person placing the order not
being a consumer acting outside their scope of business, non-receipt of payment within the
specified time frame.
LIFTIFY will process the order according to the procedure mentioned above and
the specific timelines indicated on each product page of the website. LIFTIFY is not responsible
for any damages to the products after delivery by the transportation carriers or for any delays
in delivery caused by them. No other general or specific conditions can replace or substitute
the T&C stated on this page. If any provision of these T&C is deemed invalid under any
law or regulation or due to a final decision by a competent jurisdiction, the remaining
provisions will remain valid. Pricing If your IP address indicates that you are located in the
Eurozone, the prices displayed on the LIFTIFY website are in Euros and include any applicable
VAT as per the relevant laws.
If your IP address indicates that you are not located in the Eurozone, the
prices displayed on the LIFTIFY website are in US Dollars and include any applicable VAT as per
the relevant laws. Transportation costs will be shown separately during the checkout process.
Payment To proceed with purchasing a product (or products) and enter into the agreement, you
must indicate your intention by clicking the "Place Order" button on the checkout page
of the website. By doing so, you confirm your purchase order and proceed to make the payment
following the described procedure. Payment is due at the time of ordering. You are required to
pay the agreed-upon price for the product(s) ordered on the website, including the product price
and shipping costs, using the available payment methods. In the case of credit card payment,
LIFTIFY reserves the right to request a copy of an identity document to verify ownership of the
credit card. Payment method data will be processed through a secure server-to-server connection
using the SSL Protocol (Secure Sockets Layer).
LIFTIFY is not responsible for any payment gateway pages that are not directly
managed by LIFTIFY itself. Transfer of Transportation Risks The transfer of transportation risks
from LIFTIFY to the client occurs upon the delivery of the product(s) by the carrier to the
address specified by the client. During the withdrawal period mentioned below, the client
assumes responsibility for the product(s) as the custodian. In the event of damage or
destruction of the product(s) while in the client's possession, the client will be held
responsible. Order Delivery Orders will be delivered by the transportation carrier appointed by
LIFTIFY from Monday to Saturday. The client is responsible for providing the correct delivery
address during the checkout process.
The delivery will be made to the ground floor front door of the building and
does not include assembly or unpacking services. If available, floor delivery must be requested
before placing the order and may involve additional costs. Mailboxes are not considered eligible
for delivery of certain products. The delivery note issued by the transportation carrier serves
as proof of transport and risk transfer. LIFTIFY recommends that the client inspect the
packaging of the delivered product(s) before signing the delivery note. If any anomalies are
noticed, the customer must either refuse the delivery of the product(s) or make a detailed and
dated note on the delivery note receipt. These notes must be reported to LIFTIFY in writing at
[support@liftifysensor.com] within three (3) business days from the delivery date. 6. Right of
witdrawal If the client (user) is an individual purchasing for non-commercial or non-independent
professional purposes, and is subject to Croatian or European laws, they have the right to
withdraw from the Agreement within a 14-day period without stating any reasons.
The withdrawal should be communicated to LIFTIFY by sending a written notice to
the following address: "Byte Puls d.o.o, Istarskog razvoda 10, 52100, Pula" and also
an email to support@liftifysensor.com. If the product(s) have already been delivered, the 14-day
period starts from the date of delivery. In such cases, the client is responsible for returning
the product(s) to Byte Puls d.o.o, Istarskog razvoda 10, 52100, Pula." Returns for damaged
or incorrect products will be free of charge, and the equivalent cost will be reimbursed to the
client. However, if the return concerns products that match the order and have been delivered in
good condition, the client will be responsible for covering the return shipping costs. If the
client (user) is not an individual or is purchasing for commercial or independent professional
purposes, or if they are not subject to Croatian or European laws, they are not eligible to
withdraw from the Agreement. Delivery The cost of return shipping may vary based on the size and
number of products.
Products damaged by the client due to misuse or improper handling will not be
replaced or refunded by LIFTIFY. A copy of the delivery note must be included in the return
packaging. The client bears the transport risks for returning the product(s). Refunds will be
issued within thirty (30) days from the safe return of the products to LIFTIFY. Warranty The
LIFTIFY team randomly checks the product(s) before shipment. If the client receives a defective
product, they have the right to request a remedy (delivery of non-defective goods): Within 2
(two) years from the date of purchase (applicable to individuals purchasing for non-commercial
or non-independent professional purposes subject to Croatian or European laws). or Within 1
(one) year from the date of purchase (applicable to clients/users who are not individuals or who
are purchasing for commercial or independent professional purposes and are not subject to
Croatia or any European laws).
No further warranty is provided beyond these terms. The LIFTIFY warranty does
not cover moisture or water damage. The client must send the product(s) claimed to be defective
to LIFTIFY Technologies at the following address: "Byte Puls d.o.o, Istarskog razvoda 10,
52100, Pula." LIFTIFY will evaluate the existence of the claimed defect and reserves the
right to request the client to provide the invoice, transport document, or any other document
that proves the date of purchase. 10. Warranty Exclusions The warranty provided in Paragraph 9
above does not apply in the following cases: Normal wear and tear. Use of the item in ways other
than its intended purpose. Purchase of the LIFTIFY product from unauthorized LIFTIFY dealers,
retailers, agents, or distributors. Damage caused by improper handling. Damage caused by misuse
contrary to the intended or recommended use, or alteration of the LIFTIFY products, including
but not limited to moisture, water, or sweat damage that significantly affects the proper
function of the product. (Note: Damage resulting from bending or dropping the LIFTIFY products
will be considered as abuse or misuse.)
LIFTIFY does not guarantee uninterrupted or error-free operation of the LIFTIFY
products, or compatibility with any hardware or software provided by third parties. LIFTIFY
holds no responsibility for any harm to your computer system, loss or corruption of data
(including biometric data), or other damages resulting from the use of the app, website, or
portal. We cannot guarantee that the LIFTIFY software will meet all your requirements or operate
without interruptions or errors. Disclaimer Your LIFTIFY products are not waterproof. Do not
submerge the device in any liquid. Avoid wearing the LIFTIFY products during exercise when
connected to a USB connector. Never attempt to repair or modify your LIFTIFY products on your
own. Disassembling the LIFTIFY products will void your warranty. The rechargeable battery should
only be replaced by an authorized LIFTIFY products provider. The information provided in the
instruction guide and on the website is for informational purposes only.
The LIFTIFY products described are subject to change without prior notice, as
part of the manufacturer's continuous development program. The LIFTIFY products,
instruction guide, and website are intended to support a sensible approach to health and
fitness. They are not meant to replace professional medical advice related to exercise, fitness,
weight training, or weight loss. LIFTIFY shall not be held liable for any damages, whether
direct, incidental, consequential, or special, arising from or related to the use of the LIFTIFY
products and accompanying documents. If you experience severe or prolonged discomfort or pain at
any time, seek immediate medical attention. The information provided in the instruction guide is
intended as a general guide and may not be suitable for all users. Always consult a doctor
before starting a new exercise regime or any kind of program. 12. Limitations of Liability
Limitations of Liability By using the devices app, website, or portal provided by LIFTIFY, you
acknowledge and agree that LIFTIFY does not offer medical advice.
The content available on the app, website, or portal, including text,
photographs, images, illustrations, graphics, audio, video and audio-video clips, and other
materials, whether provided by LIFTIFY, other account holders, or third parties, is not intended
to replace (a) advice from your physician or other medical professionals, (b) a visit, call, or
consultation with your physician or other medical professionals, or (c) information found on
product packaging or labels. If you have any health-related questions, promptly consult with
your physician or other healthcare provider. In case of an emergency, call your physician,
emergency services, or the appropriate emergency number in your country immediately. It is
important that you never disregard medical advice or delay seeking it based on any content
presented on the devices, app, website, or portal. Furthermore, you should not rely on any
LIFTIFY content for diagnosing or treating a health problem. The transmission and receipt of our
content, whether in whole or in part, or any communication through the internet, email, or other
means, does not establish a doctor-patient, therapist-patient, or other healthcare professional
relationship between you and LIFTIFY.
LIFTIFY shall not be held liable for any physical or personal harm to you, the
user, or any third party resulting from the use of the products, app, website, or portal. You
explicitly acknowledge that your athletic activities, which generate the content you post or
intend to post on the app, website, or portal, involve inherent and significant risks of
property damage, bodily injury, or death. You voluntarily assume all known and unknown risks
associated with these activities, even if caused in whole or in part by the actions, inactions,
or negligence of LIFTIFY or others. Additionally, you acknowledge that LIFTIFY is not
responsible for inspecting, supervising, preparing, or conducting any competition, contest,
group session, or event that utilizes LIFTIFY. You release and discharge LIFTIFY, its
subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors
(referred to as the "released parties") from any and all liability connected with your
athletic activities. You also agree not to bring any claims, actions, injuries, damages, or
losses against the released parties associated with your athletic activities.
Furthermore, you understand and agree that the released parties shall not be
held liable to you or any third party for any direct, indirect, punitive, incidental, special,
or consequential damages arising from or in any way connected to (a) your use or misuse of the
device, app, website, or portal, (b) your use or misuse of equipment or programs created or
licensed by LIFTIFY during athletic activities, (c) your interactions with third-party service
providers or advertisers accessible through the app, website, or portal, (d) any delay or
inability to use the app, website, or portal experienced by you, or (e) any information,
software, products, services, or content obtained through the site, regardless of whether such
damages are based on contract, tort, strict liability, or otherwise, even if LIFTIFY has been
advised of the possibility of damages. 13. Copyrights LIFTIFY hereby notifies that the Website,
along with all trademarks, trade names, and logos associated with the sale of the products
offered and/or LIFTIFY, are safeguarded by applicable intellectual and industrial property
rights. Any form of reproduction, communication, distribution, publication, alteration, or
transformation, for any purpose or in any manner, is strictly prohibited. LIFTIFY will take
legal action to safeguard these rights. Protection of Personal Data Subject to the extent
permitted by applicable laws, LIFTIFY is the controller and proprietor of the personal data
collected when users (or clients) register on the Website and the data and information obtained
in accordance with the Privacy Policy.
However, information related to the payment process is the responsibility of
the respective bank or payment gateway. During the registration process on the LIFTIFY website,
users (or clients) are required to provide their personal data accurately and completely. In the
event that the provided data changes, it is the obligation of the user (or client) to promptly
update their account. Contact Information For any communication, inquiries, requests, or
questions, please contact Byte Puls d.o.o. at the following address: Byte Puls d.o.o. Istarskog
razvoda 10, 52100 Pula, Croatia Email: support@liftifysensor.com Modifications The Terms and
Conditions may be revised periodically due to changes in laws, regulations, or other reasons.
Governing Law and Jurisdiction These Terms and Conditions, the sale and purchase agreement, and
the Privacy Policy shall be governed by Croatian law (excluding conflict of laws principles and
rules and the United Nations Convention on Contracts for the International Sale of Goods).