FightLab Terms & Conditions

General FAST FIGHTLAB Sales Conditions

General Note: The following General FAST FIGHTLAB Sales Conditions are intended for use with our all of our customers for which we do not provide localized terms and conditions.

1. Introduction

These General FAST FIGHTLAB Sales Conditions define the legal framework for sales, deliveries, services and the offer of products by FAST. Our FAST Terms and Conditions (https://app.termly.io/document/terms-of-use-for-saas/59c5a5d3-a580-4d8c-b90b-abaf6f3814de) are also applicable (especially for performance of a service and/or the provision of digital content that is not stored on physical data carriers) as are the stipulations on our websites and software applications regarding returns, terms of delivery, prices and other customer information (collectively referred to as the “General FAST Terms and Conditions”). The term “FAST websites” is used below to refer to all FAST websites, especially but not exclusively www.McGregorFAST.com

Therefore, please read these General Terms and Conditions carefully.

2. Parties to the contract

Our range of products is aimed exclusively at customers who are at least 18 years of age and have full legal capacity. FAST is intended exclusively for consumers. The legal definition of a consumer is any natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Contractor describes any natural or legal person or legal partnership that enters into a legal transaction in exercising their self-employed professional or commercial activity.

The use of FAST products or services for business or other commercial purposes is expressly prohibited.

3. FAST contract subject matter, conclusion and prices

3.1. Subject matter of the contract

These General FAST FIGHTLAB Sales Conditions form the basis for the offer and delivery of goods and services by FAST, contact@mcgregorfast.com (hereinafter referred to as “us” or “we”). The subject matter of the contract is the sale of products, including where this involves the performance of a service and/or the provision of digital content that is not stored on physical data carriers. For complete access to certain FAST FIGHTLAB services and products, you will need the appropriate user account and membership. For simplicity, within these General FAST FIGHTLAB Sales Conditions, FIGHTLAB membership is also referred to as the “subscription”. More detailed information about this can be found in the FAST Terms & Conditions (https://app.termly.io/document/terms-of-use-for-saas/59c5a5d3-a580-4d8c-b90b-abaf6f3814de). Insofar as any additional provisions apply for specific FAST services, we will indicate this in due course prior to your use of the service. 

3.2 Conclusion of the contract

The contract comes into effect via our online shopping basket system, as follows:

The product intended for purchase is placed in the “basket”. The relevant button on the navigation bar can be selected to display the “basket” and make changes at any time. After entering your personal details along with the shipping and payment terms, all the order details will be displayed once more on the order summary page. If you choose a direct payment system (e.g. PayPal or credit card), you will either be taken to the order summary page in our online shop or first to your payment provider’s website. If you are transferred to the relevant direct payment system, you will select the appropriate option or enter data there. Next, you will be shown the order data in the form of an order summary on the payment provider’s website or once you have been transferred back to our online shop. When you submit the order using the relevant button (“confirm order” or similar) you are making a legally binding declaration that you accept the offer, which results in the contract coming into effect.

Order processing and the transmission of all information required in connection with contract conclusion is done by email and is partially automated. You must therefore ensure that the email address we have for you is correct, that there are no technical issues preventing receipt of the email and, most importantly, that the email will not be blocked by a spam filter.

We are entitled to subsequently withdraw from the contract and not supply the purchased products. In this event, we will immediately notify you and reimburse any payments you have made thus far.

3.3. Prices

Prices listed on product pages include the statutory value added tax and other price components and always exclude the relevant shipping costs.

These costs will be indicated separately during the order process and are always covered by you unless we have promised free shipping.

If the delivery is to a country outside the contiguous United States, additional costs may be incurred that are not our responsibility, e.g. customs, taxes or money transfer fees (bank transfer or exchange rate fees), which you will be liable for.

You will be liable for costs arising from money transfers (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state, but the payment was made outside the European Union.

4. Payment terms and payment methods

4.1 Payment terms

Insofar as this is indicated during the purchase process for FAST FIGHTLAB services and products, an advance payment will be due on the purchase price to secure your position to purchase FIGHTLAB, where the total amount due will have been specified within the offer. The remaining payment can be made when the goods are available for dispatch and can be settled via completing the purchase on the website. 

For complete access to certain FAST FIGHTLAB services and products, you will need an appropriate subscription. More detailed information about this can be found in the FAST Terms & Conditions. (https://app.termly.io/document/terms-of-use-for-saas/59c5a5d3-a580-4d8c-b90b-abaf6f3814de)  The cost of the subscription will be due when the subscription is first activated and will be charged automatically on activation via the payment method you chose during the purchase process.

In addition, the payments due from the purchase contract are payable immediately. If we offer you payment by installments or purchase on account via a payment provider, payments will be due in accordance with the installment payment agreement for the relevant payment provider.

You must elect to complete your purchase of your FIGHTLAB product within 30 days of the equipment being available for shipment. If you do not complete you purchase your deposit will be forfeited.  

4.2 Payment provider

On our website, we give you an overview here of the payment methods we accept. We reserve the right to require a credit check for certain payment methods and to refrain from offering certain payment methods and to refer to other payment methods. Where charges would be incurred for using a payment method, we will indicate this during the payment process. Payment providers can offer payment by installments for a fee at their own discretion. This fee is charged directly by the relevant payment provider and must also be paid directly to them. The terms and conditions for the relevant payment provider will be applicable. Please note, we will not be able to reimburse these fees in the event of cancelation.

Insofar as we incur costs and/or expenses through a payment being declined and this is your fault (e.g. due to insufficient funds in the account or because the credit card limit has been exhausted), we are entitled to charge you the relevant amount to cover the resulting costs and/or expenses. We reserve the right to assert additional claims on account of late payment. This includes closing the user account.

If your selected means of payment is frozen (e.g. due to theft) or if there are other security breaches (e.g. unauthorized disclosure of username and password), please notify us or your payment processor immediately.

The right of set-off only applies if your counterclaim is undisputed or has been established in law. You are only entitled to assert a right of retention if your counterclaim is based on the same contractual relationship.

4.3 Refunds and returns

If you use your right of withdrawal or send purchased products back to us under our voluntary return conditions, we will reimburse the amount paid within 14 days of receiving the relevant goods. We reserve the right to check the goods first to ensure they are intact and complete.

We will use the same payment method as you chose to make your payment.

5. Right of retention, retention of title

We retain ownership of the relevant goods until the purchase price has been paid in full (including value added tax and shipping costs). Accordingly, you are obliged to handle the goods with care. Until the full purchase price has been paid, you must let us know immediately if the goods are subject to any third-party rights or other third-party intervention so that we can assert our right of ownership. In addition, third parties must be informed about our right of ownership.

If you default on payment, we may withdraw from the contract and demand the return of any goods that have already been delivered under retention of title.

6. Delivery conditions and transfer of risk

6.1 Delivery conditions

On the relevant product page and during the order process, we will let you know about delivery times, delivery conditions and potentially any delivery restrictions. Our website also lists delivery restrictions. Unless explicitly agreed otherwise, we will use our reasonable discretion to determine the appropriate shipping method and transportation company and will supply the goods to your specified address. If you have ordered several items with different lead times, we are entitled to ship these items in a single consignment. The relevant delivery time will then be determined by the item with the longest delivery time.

Any deadlines for shipping the items, which we specified when the order was placed or agreed in some other way, begin when the sales agreement is established and end at midnight on the last day of this deadline period. If this falls on a Sunday or an official public holiday at the delivery location, the deadline is extended to the next working day. The deadlines we specify may be exceeded by up to two working days. Compliance with the dispatch date is defined by the date on which the goods are transferred by us to the transportation company. If we fail to adhere to a binding delivery deadline that we have agreed, you are entitled to set a reasonable extension on this deadline. If we still cannot deliver within this extended deadline and if statutory provisions do not preclude the setting of an extension period, you are entitled to withdraw from the contract or to assert claims for compensation in lieu of the service.

We are entitled to subsequently withdraw from the contract and not supply the purchased products. This applies in particular if, through no fault of our own, the goods cannot be delivered or cannot be delivered on time despite timely reordering, and if the delay to delivery is more than three working days (congruent hedging transaction). In this event, we will immediately notify you and reimburse any payments you have made thus far.

If the delivery address you specified during ordering is incorrect or incomplete, or if we fail to find you in on an agreed delivery date and the products are thus sent back, we reserve the right to charge you for the resulting costs incurred (e.g. transport and storage costs).

6.2 Transfer of risk

We are only liable for the correct delivery of goods on schedule to the transport company and are not responsible for any delays caused by the transport company. Consequently, any shipping time specified by us (the period between handover of goods by us to the transport company and delivery to you) is not binding. By contrast, however, if we have made a contractual agreement with you regarding installation or assembly work, we are required to complete this work on time and hand over to you at the time and location agreed in the contract.

Insofar as you are a consumer, the risk of accidental destruction, damage or loss affecting the supplied goods is transferred to you at the point when the goods are delivered to you or when you default in taking delivery. This does not apply if you have independently commissioned a transport company not designated by us, or some other individual to perform the delivery. By contrast, if we have agreed installation or assembly work with you, the risk of accidental loss is always transferred once the work has been completed and handed over to you at the time and location agreed in the contract.

7. Right of withdrawal and voluntary return conditions

7.1. Withdrawal policy

If you agree a purchase contract with us about a FAST FIGHTLAB product, you are entitled to the following right of withdrawal.

You are entitled to withdraw the contract within 14 days without providing a reason. The withdrawal deadline is 14 days from the date on which you or a designated third party, who is not the carrier, received the goods or, for partial deliveries, received the final delivery. In case of a user contract or a contract regarding one-off additional services for digital content that is not supplied on physical data carriers, the withdrawal period begins from the date on which the contract was agreed. If the ordered goods can only be put into operation upon activation of a subscription (paid user contract), the withdrawal period shall only run from the date on which you were first able to activate the subscription. Please note that certain products are only sold as part of a package. These products involve inseparable services, so a partial withdrawal is excluded. Of course, you are free to withdraw the contract with regard to the overall product package. For product packages, the withdrawal period begins as soon as you have taken ownership of the final item.

To exercise your right of withdrawal, you must contact us at:

McGregor FAST 401 30th St. Newport Beach, CA 92663 contact@mcgregorfast.com

by making a clear statement (e. g. a letter by post, or a fax or email) letting us know your decision to withdraw the contract. You can use the attached template withdrawal form; however, this is not mandatory. The template withdrawal form can be completed and submitted electronically. If you avail yourself of this option, we will send immediate confirmation (e.g. by email) that we have received the notice of withdrawal. The withdrawal deadline is deemed to have been met if you send the message about exercising your right to withdraw before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw the contract, we must immediately reimburse all payments we have received from you, including delivery costs (except additional costs incurred if you selected a different delivery method from the least expensive standard delivery offered by us), with this reimbursement taking place within 14 days of the date on which we received the notification of your contract withdrawal. We will use the same payment method for this reimbursement as you used for the original transaction, unless we have explicitly agreed otherwise; on no account will you be charged a fee due to this reimbursement. Insofar as your use of a payment method (e.g. payment by installments) is subject to a fee, which is charged directly by the relevant payment provider and must be paid to them accordingly, these fees are excluded from our reimbursement in the event of a withdrawal.

We may refuse reimbursement until we have received the items back or until you have provided evidence that the items have been returned, depending on which of these happens earlier. We reserve the right to check the items when we receive them to ensure they are in good condition and are working correctly. If we establish that an item has suffered a depreciation that can be attributed to your failure to handle the item with sufficient care, we can charge you for the possible loss in value or factor this into the reimbursement.

We will cover the cost of the return if you use the returns label provided by us or if the item is collected by us or by a carrier we have appointed. Otherwise, the cost of returning the item must be covered by you.

End of the withdrawal policy

7.2. Expiry of the right to withdrawal

The right to withdrawal expires:

- for a contract to perform services provided we have completed the provision of the service and only began performing the service after you gave your explicit consent and simultaneously confirmed that you were aware you would lose the right to withdrawal once we had completely fulfilled the contract.

- for a contract covering the supply of digital content not located on physical data carriers provided we have started the contract performance, after you have given your explicit consent and simultaneously confirmed that you were aware you would lose the right to withdrawal once the contract performance had begun.

- for the delivery of sealed goods, which are not suitable for return for health protection or hygiene reasons, if the seal has been removed after delivery; and also

- for the supply of sound or video recordings or software (such as PC and video games) in a sealed package, if the seal has been removed after delivery.

7.3. Template form for your withdrawal

To make it as easy as possible for you to withdraw, you can use the withdrawal form below.

Please make sure you indicate the specific FAST Service you wish to withdraw.

If you want to withdraw the contract, please complete this form and return it to:

McGregor FAST 

401 30th St.

Newport Beach, CA 02663

contact@mcgregorfast.com

I/we (*) hereby withdraw the contract I/we (*) agreed for the purchase of the following goods (*)/the provision of the following service (*)

Ordered/received on (*) 

 

Name of the consumer(s) 

 

Address of the consumer(s) 

 

Email address of the consumer 

 

Signature of the consumer(s) 

 

Date 

 

(*) delete as appropriate

7.4 Test phase

Insofar as this is indicated within the order, in addition to the statutory right of cancelation pursuant to Clause 7.1 – 7.3, we may grant you an additional voluntary 30-day right of return for our FAST FIGHTLAB products. This 30-day period begins from the date on which you or a designated third party, who is not the carrier, received the goods or, for partial deliveries, received the final delivery. You thus have the option of either canceling the contract within 14 days of receiving the goods, or of withdrawing from the purchase contract within 30 days of receiving the goods. To assert your right of return, please contact contact@mcgregorfast.com within the relevant period.

To exercise your voluntary right of return, you must return the product to us within 14 days of the end of the right of return period or of the withdrawal declaration (whichever is earlier), whereby the returned item must be complete and free from any damage caused by you. As soon as we have received the items, we will reimburse any payments you made within 14 days. We will use the same payment method for this reimbursement as you used for the original transaction, unless we have explicitly agreed otherwise; on no account will you be charged a fee due to this reimbursement. 

We may refuse reimbursement until we have received the items back or until you have provided evidence that the items have been returned, depending on which of these happens earlier. We reserve the right to check the items when we receive them to ensure they are in good condition and are working correctly. If we establish that an item has suffered a depreciation that can be attributed to your failure to handle the item with sufficient care, we can charge you for the possible loss in value or factor this into the reimbursement.

We will cover the cost of the return if you use the returns label provided by us or if the item is collected by us or by a carrier we have appointed. Otherwise, the cost of returning the item must be covered by you.

8. User account and subscriptions

For full use of FAST FIGHTLAB, you will first need to register and open a user account. A user account can either be opened online at www.McGregorFAST.com or via one of our mobile apps. In order to use all the FAST FIGHTLAB functionality, you will need an appropriate FAST FIGHTLAB subscription. Our paid and free user accounts are subject to our FAST Terms & Conditions (https://app.termly.io/document/terms-of-use-for-saas/59c5a5d3-a580-4d8c-b90b-abaf6f3814de) and our Privacy Policy (https://app.termly.io/document/privacy-policy/81a17c24-8047-421f-9f21-32c38cf199c6)

FAST FIGHTLAB subscriptions can only be used in conjunction with other FAST products. Insofar as we optionally offer a right of return as part of the purchase of other FAST FIGHTLAB products and you make lawful use of this right, the subscriptions linked to these FAST FIGHTLAB services shall end at the same time as the FAST FIGHTLAB product is returned.

9. Special deals and promotions

FAST frequently offers various deals, sales and promotions such as reward programs. Users are given information about these promotions via our newsletter. The promotions are not a permanent feature in the FAST product range and are normally offered for a limited period. There are separate conditions for these promotions, which are provided for information and participation purposes.

There may be the option to enter a voucher or discount code during the purchase process. You will be notified about the relevant conditions for redeeming such a voucher either during the ordering process or in some other way. Unless otherwise agreed, only one voucher can be redeemed for each order and vouchers cannot be combined with other promotional offers. Vouchers and discount codes cannot be redeemed for cash or an equivalent monetary value. Vouchers are not paid out or credited. The monetary value of a voucher will not be reimbursed or credited if one or all the goods are returned.

10. Liability for defects

10.1. Essential characteristics

The essential characteristics of the product and/or service we provide can be found in the relevant offer.

10.2. Statutory provisions

For claims due to defective performance, the statutory provisions are applicable. Please check the goods immediately following delivery to ensure they are complete and free from any obvious faults or transportation damage and notify us and the transport company about any complaints as quickly as possible. Failure to do this will have no effect on your statutory warranty claims, i.e. your rights as a consumer remain unaffected in any case. However, you will be helping us assert our own claims against the transport company or transport insurance.

10.3. No guarantee

We offer no assurance or guarantee that your desired training outcome or other result will be achieved by using the relevant FAST service. We accept no liability for specific success. Training outcomes are also influenced by uncontrollable factors, such as physical characteristics and preconditions, so there can be widely varying results for different people despite making the same use of the FAST services.

We also do not guarantee that the available content is suitable for all users or that specific functionality will be available or supported for a designated period, or that our FAST services will be available with no interruptions or faults.

Insofar as a paid user contract has been agreed, FAST will provide the agreed services. However, we reserve the right to modify, extend, terminate or remove our FAST services, content and functionality, either in whole or in part, and/or to discontinue the operation of our FAST services either in whole or in part.

11. Liability and warranty

11.1. General

Insofar as you are provided with instructions for the FAST services (e.g. for certain exercises or training sessions), it is essential you follow these instructions to avoid injury and health risks.

Insofar as you use equipment or training tools for the exercises or training sessions, it is your responsibility to ensure that such equipment and/or tools are in good working condition and installed or set up correctly.

You must observe our health information in Clause 14.

11.2. Liability for paid services

In the case of paid services, regardless of the legal reason, we have unlimited liability as a matter of principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature.

If we breach a material contractual obligation due to minor negligence, our liability is limited to reasonable, foreseeable damages. A material contractual obligation is any obligation that is necessary to fulfill the purpose of the contract, on which you, as the consumer, can rely or should have been able to rely.

Our liability in the event of culpable injury to life, limb or health remains unaffected by the aforementioned restrictions.

All further liability is excluded.

11.3. Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

11.4. Product liability

Claims under the German Product Liability Act [Produkthaftungsgesetz] remain unaffected by the previous liability exclusions or limitations.

11.5 Warranty

The warranty period is two years from delivery.

12. Rights of use for FAST FIGHTLAB content

The services we provide (depending on the options you have enabled or acquired) include content that is protected by copyright or in some other way, and we own the relevant rights. We grant you a simple, revocable, non-transferable right to the non-commercial use of this content in accordance with these contractual provisions. Purely for the avoidance of doubt, please note it is not permitted to distribute our content or make it publicly available, e.g. on websites other than FAST websites. The same applies for copying, sale or distribution, the creation of derivative works, and any activity that could disrupt or harm our FAST services. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have canceled your subscription) or when your user contract ends. In particular, you are not entitled to create or retain copies of the software. FAST is not obliged to disclose the source code for the software.

13. Data protection

We process your personal data in accordance with our privacy policy, the latest version of which can be referenced at our website . In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

For credit checking, we may consult information (e.g. a so-called credit score) from external service providers in our decision-making process, and we may make a payment method contingent on this information.

 

During ordering, you also consent to the transmission of your personal details to the relevant service providers for the purposes of identity and credit checks plus contract processing.

14. Your health

14.1. Health requirements

Use of FAST FIGHTLAB services is at your own risk.

Good general health is always a prerequisite for using the FAST FIGHTLAB services. If you are aware of any pre-existing health conditions, we strongly recommend getting medical advice before starting to use the FAST FIGHTLAB services (i.e. for training or coaching, for example). This applies in particular if you are aware of one or more of the following illnesses/conditions/procedures:

1. cardiovascular disease, 2. lung disease or respiratory illnesses (including asthma), 3. spinal and/or joint problems, 4. neuromuscular conditions, 5. surgical procedures, 6. other health restrictions.

For our female athletes, the training and coaching we offer should not be used by pregnant women or breastfeeding mothers.

As a general principle, always listen to your body. Prior to using FAST FIGHTLAB for the first time, or during use, if you have any doubt as to whether you are healthy (e.g. because you are experiencing significant pain, or you feel unwell, short of breath, nauseous or dizzy), you should consult your doctor before starting or continuing with FAST FIGHTLAB.

14.2. No substitute for medical advice

The services and information provided as part of the FAST FIGHTLAB offering should not be considered to be medical advice. Nor do they constitute a substitute for a medical examination or consultation.

14.3. Training methods

Fitness advice is subject to constantly evolving health information and sports science findings. Although our training tips are designed around current studies and knowledge, we cannot guarantee that they correspond to the very latest research results or findings.

15. Online dispute resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the option to first resolve disputes relating to their online order out of court. You will find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/

Consumer information: non-participation in a dispute resolution procedure

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Our email address can be found in the legal details.

16. Changes to the General Terms and Conditions

We reserve the right to modify and adapt these General Terms and Conditions with future effect if this is necessary due to altered legal, official or technical circumstances and the changes are reasonable, taking into account your interest in good faith. We will notify you by email of the changes at least two (2) weeks before the new version of the General Terms and Conditions comes into effect. If you do not object to the validity of the new General Terms and Conditions within this period, and you continue to use FAST, the new General Terms and Conditions shall be deemed to have been accepted. In the event of any objection, our ordinary right of termination is explicitly reserved. We will notify you again separately about your right to object, the deadline to do so, and the legal consequences of remaining silent or raising an objection.

If you use your own Terms and Conditions, which deviate from these General FAST FIGHTLAB Sales Conditions, the General FAST FIGHTLAB Sales Conditions

shall apply exclusively. We do not recognize contradictory or divergent conditions unless we have explicitly agreed to this in writing on a case-by-case basis.

17. Final provisions

17.1. Applicable law

The relationship between the parties is governed exclusively by US law and excludes the UN Convention on Contracts for the International Sale of Goods (CISG). This Agreement has been delivered at and shall be deemed to have been made and entered into in Los Angeles, California.  Accordingly, the rights and liabilities of the parties shall be determined in accordance with the laws of the State of California, without regard to its principles of conflicts of laws.  In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, where such law contains mandatory legislative provisions covering consumers.

17.2. Place of jurisdiction

The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to this Agreement shall lie in the Federal and State courts of Los Angeles County.  Each party irrevocably consents to the service of process in any such dispute if served in accordance with the notice provisions contained herein. 

17.3. Language of the contract

The language of the contract is English.

17.4. Severability clause

Should any individual provisions of these General Terms and Conditions be invalid, in whole or in part, this will not affect the validity of the remaining provisions.

18. Information about the supplier

McGregor FAST 401 30th St. Newport Beach, CA 92663  USA

Email: contact@mcgregorfast.com

19. Storage option and viewing the text of the contract

These General Terms and Conditions are not stored by us. However, the relevant General FAST FIGHTLAB Sales Conditions, can be seen at our FAST FIGHTLAB websites. If you wish to store these General Terms and Conditions permanently on a data carrier, you can download them free of charge as a PDF file. You can also print or save this page by using the standard functionality offered by your browser.

Please consult the instructions for your browser software if you need help with saving. To open a PDF file, you may need a special program such as the free Acrobat Reader or a similar program that can handle PDF files.

The remaining contract information and details can be seen in your user account, provided you have created one. Alternatively, you can also print or save the automatic order confirmation you receive when you complete an order.

Version 12.20.2021