1 General

1.1 These terms of use and privacy (hereinafter the Terms of Use) shall apply to all users’ actions on the website http://mtpowerfit.no, including the purchase of Products via the Webshop between the Operator and the User. Other terms or instructions, provided separately in the Webshop or the Operator’s website, or with relation to the Products shall apply to the use of these sections, features or products in addition to these Terms of Use.

2 Definitions

2.1 Operator means MT Power Fit Mila Tonheim, registry code 918732462, address Vallerudveien 9 B, 1476 Rasta.

2.2 Client support e-mail means the Operator’s e-mail address: info@mtpowerfit.no.

2.3 User means any natural person, ie. consumer, or legal entity, ie. business, that purchases Products in the Webshop.

2.3.1 A consumer is a natural person who enters into a legal transaction for a purpose that cannot be attributed to that person’s trade, business or profession.

2.3.2 A business is a natural person or legal entity or partnership with legal capacity that enters into a legal transaction in the course of his/her/its trade, business or profession.

2.4 Webshop means the Operator’s webshop at the website http://mtpowerfit.no.

2.5 Products means fitness programms, sold in the Webshop from time to time. These Products may be subject to a separate license terms which shall be applied when using such Products.

2.6 Terms of Use are the standard terms of use for using Service and Website

3 Registration and transactions in the webshop

3.1 Registering to the Webshop is not mandatory for making purchases. The User may carry out one-time or recurring purchases in the Webshop without creating an account and registering in the Webshop.

4 Client support

4.1 User can communicate with client support though the following channels:

a. e-mail;

b. Facebook.

4.2 Operator will strive to reply to all requests received by the client support within reasonable time, but will not guarantee that the requests are replied to within certain time or that the requests receive answers satisfactory to the inquirer.

5 Purchase process

5.1 The Products proposed for sale in the Webshop are those featuring on the website on the day that it is consulted by the User and are subject to availability. If the product proves to be unavailable after the order has been finalised, the User shall be notified by email as soon as possible.

5.2 The purchase is considered performed and the sale agreement concluded between the Operator and the User after the User has selected a product and has added it to the shopping cart and has completed all steps of the ordering process, incl. confirming the order. The Operator shall send the respective order confirmation to the User’s e-mail address.

5.3 The User shall be requested to check the contents of their order carefully before confirming it. The User shall acknowledge and accept that the order entails a payment obligation.

5.4 While placing the order the User shall confirm that the e-mail address or telephone number provided by the User is correct and the User agrees that the documents related to the order are sent to the User’s e-mail at the latest with the delivery of the product or service.

5.5 All orders of the Users are recorder at the database of the Operator for 3 years following the requirements provided in law.

6 Prices and payment conditions

6.1 The prices of the Products in the Webshop indicated at the time of the User’s order shall apply. Unless otherwise indicated, all prices in the Webshop are deemed to be in the currency quoted there. The prices shall remain in force until further notice or for the duration mentioned separately.

6.2 The prices of the Products do not include value-added tax.

6.3 The payment of the purchase price falls due immediately upon the order of Products in the Webshop.

6.4 It is possible to pay for the Products with:Vipps

6.5 Depending on the delivery option chosen by the User, the respective fees will be added to the price. The total price including delivery fees is indicated at the checkout prior to confirming the order.

6.6 User is aware that Operator may use third party service providers to process payments and agrees to disclose their payment information to such third party.

6.7 The Operator may change the price of a Product after the confirmation of the order only in case a technical or other circumstance beyond the Operator’s control occurs. In such instance, if the User does not want to purchase such Product with the changed price, the User may cancel the order within working days after receiving the information regarding the price change from the Operator. In case of such cancellation the User shall be refunded the performed payment in full.

7 Delivery

7.1 The User can choose the ordered Products to be delivered in the following manner:

7.2 Delivery time takes usually up to working days from the date your payment is received. All delivery time-frames stated are estimated and may be subject to change. Please note, for international deliveries, local import duties and charges may apply.

7.3 In all instances estimated delivery times will be displayed at the check out for your Product. The Operator makes every effort to deliver the Product according to the estimated delivery times provided by the Operator at checkout. The estimated delivery times are in business days (Monday through Friday) excluding public holidays.

7.4 Although every effort is made to ship the order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond the Operator’s control. @If the Product has not arrived after the estimated delivery time, please contact the Operator through contacts provided in these Terms of Use

7.5 Unless otherwise agreed with the Operator, the Products will be delivered to the address indicated on the order confirmation.

8 Inspection of products

8.1 The User must inspect the delivery immediately after having received it to ensure that Products delivered are intact and are not otherwise defective. The User shall also ensure that the delivery contains all the Products ordered by the User.

8.2 Should the User notice any deficiencies in the delivery or Product, the consumer User must notify the Operator thereof at the client support e-mail address provided above without delay and at the latest within 14 days.

8.3 However, business User claims may only be made in respect of rights based on Product defects if the business User notifies the Operator of the Product defects immediately and in any case no later than 5 days after receipt of the Products or in the case of a hidden defect immediately after becoming aware of the same.

8.4 Insignificant and/or industry-customary deviations in quality, colour, size, etc. may not serve as grounds for a deficiency claim.

9 Liability for defects

9.1 If a deficiency is confirmed in the delivery or Product, the Operator shall be entitled in the first instance to rectify said deficiency within a reasonable period of time by either repairing or replacing the deficient Product.

9.2 With respect to business Users, the Operator’s liability for defect in the Product shall be limited to correcting the defect within a reasonable period of time. The limitation period for defects claims by businesses shall be 1 months from delivery of the Product.

9.3 When it comes to consumer Users, the Operator shall be liable for any defect in the Product or delivery in accordance with the mandatory consumer protection legislation in force.

9.4 If the User has not submitted a deficiency claim within the time frame mentioned in the paragraphs above, or if the User remains in possession of the Product delivered, he/she is considered to have accepted the delivery and is therefore liable for the purchase price, without prejudice to the rights and authorities granted to him by law and/or in these Terms of Use.

10 Withdrawal right for consumers

10.1 Consumer Users shall have the right to withdraw from the transaction within fourteen (14) days from the date the transaction was concluded without stating a reason.

10.2 To meet the withdrawal deadline, it is sufficient for the consumer User to send notice that the User is exercising its right of withdrawal prior to the expiration of the above-mentioned withdrawal period. A notice can be sent to the Operator’s client support e-mail provided above by using the model cancellation form, or through some other unambiguous method.

10.3 Model cancellation form:

I hereby withdraw from (*) the contract for the purchase of the following product (*) /the provision of the following services (*) concluded by me

Ordered on (*) /received on (*)




(*) Please delete what does not apply.

10.4 A product may be returned during the 14-day withdrawal period only if the Product has not been damaged, its appearance has not been changed and it is in the original packaging (including accessories and documentation), i.e. in the condition it was at the delivery to the User.

10.5 While exercising the 14-day withdrawal and return right the User may test and inspect the Product in order to ascertain its suitability, however, in the course of such testing the User must ensure that the Product and its packaging is not affected more than strictly necessary. In order to establish the nature, characteristics and functioning of the Product, the consumer User should only handle and use the Product in the same manner as the consumer User would customarily be allowed to do in a shop.

10.6 The Operator shall compensate the consumer User for the price of the withdrawn purchase using the method of payment through which the consumer User paid for the Products.

11 Changes in the webshop

11.1 The Operator shall be entitled at any time to modify or amend the Webshop or content thereof without advance notice or liability for damages.

11.2 The Operator thus has the right to amend or modify Products or prices described in the Webshop, add and remove sections of the Webshop, and to make free of charge sections of the Webshop subject to a charge or vice versa.

11.3 the Operator shall also be entitled at any time to suspend or close the Webshop, completely cease offering its content or any section thereof, or limit access to the Webshop or sections thereof.

12 Limitation of liability

12.1 Except as specifically set forth in these Terms of Use, and subject to applicable mandatory legislation, the Operator shall not be held liable for any direct, indirect, incidental or consequential damages or damages based on liability for damages or specific damages, including damage caused by loss of business, contracts, profit or information or by the interruption of business, attributed to use of or inability to use the Webshop or its content or to these Terms of Use, irrespective of whether the damage was due to contract, infringement of rights, negligence or other grounds, even if the Operator had been informed in advance of the possibility of such damage. In all cases, the Operator’s liability shall always be limited to the liability set out in mandatory legislation

12.2 While the Operator takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that the use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

12.3 The Operator will not be liable to the User or be deemed to be in breach of these terms and conditions or any other contract with the User by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by the User if the delay or failure was due to any cause beyond its reasonable control.

12.4 The Operator may assign or transfer any of its rights or sub contract any of its obligations under these Term of Use to any third party. The User may not assign or transfer any of the rights or sub contract any of the obligations under these Terms of Use except with the specific permission in writing of the Operator.

13 Third party links

13.1 Weshop may contain links to sites owned and maintained by third parties. The Operator does not control the linked sites in any way, nor does the Operator monitor or check the contents of the linked sites. The Operator is not liable for the contents, correctness, reliability or data security of the linked sites.

13.2 The use of links to external sites redirects the User to another site and the use of any linked sites is at User’s own risk. The Operator advises the User to view the terms and conditions of use and instructions for any external website before using the website in question.

13.3 Any external links to the Webshop must link to the main page of the Webshop. External links must open in a separate window and not within the linking site’s own frame. The appearance, positioning and other features of the link must not have a detrimental effect on the Operator’s reputation or the goodwill of its trademarks, nor may they create the false impression that the party linking to the site or its goods or services are in any way connected to the Operator’s operations or are sponsored thereby. Links may not incorporate the Operator’s trademarks as an image either.

13.4 The Webshop’s links to external sites and external links to the Webshop do not imply that a relationship exists between the Operator and the linking or linked third party.

14 Intellectual property rights

14.1 The Webshop and its content, such as texts, images, information on the products, trademarks and signs shall remain the property of the Operator or its co-operation partners and protected by copyright law and international copyright agreements as well as other legislation on intellectual property rights and registrations.

14.2 All intellectual property rights to the Webshop and content (such as copyright, registered and unregistered trademark and design rights, domain names, patents, database rights and trade secrets) as well as the goodwill generated by their use shall remain the property of the Operator or its cooperation partners. The Operator does not grant the User any direct or indirect rights to any intellectual property rights.

15 Cookies

15.1 Cookies are small text files that can be conveyed to the User’s device via the Webshop. Cookies or other corresponding techniques may be used to collect information on the User’s use of the Webshop and the User’s device via the Webshop. Such information may include from what page the User has entered the Webshop, the browser the User is using, or the sections of the Webshop the User has been browsing and the dates and times thereof.

15.2 Cookies enable the processing of Webshop-related information. The information obtained enables the functioning of the Webshop to be analyzed and improved to provide the User with a better and more individualized experience. The information collected may also be used to target marketing likely to correspond to the interests of the User within and outside the Webshop, for example, by utilising retargeting.

15.3 The User may prevent the use of cookies by changing the User’s browser settings. The User should note, however, that the removal of cookies or blocking their use may have a detrimental effect on the use of the Webshop or its specific sections or functions or even entirely prevent such use.

15.4 While using the Webshop or in the course of interactive communication the Operator may use various technologies which collect information regarding the access and use of the Webshop. Such information may include also information regarding the usage of the Webshop, details of performed inquiries, technological data (IP address, connection devices, operation system) and other similar information.

16 Personal data

16.1 Operator shall process the following personal data of the User (hereinafter the Personal Data):

a. name;

b. e-mail;

c. address;

d. company information.

16.2 Operator processes Personal Data in order to register User for the Webshop, contact User, verify User’s right to access the Webshop, improve the Webshop, provide User with information about the Webshop.

16.3 The User may access his/her Personal Data at any time and make corrections at the self-service or request their deletion, unless the law provides otherwise.

16.4 Operator processes the User’s Personal Data in accordance with the requirements of the Personal Data Protection Act.

16.5 Controller of the Personal Data is MT Power Fit Mila Tonheim, registry code 918732462, address Vallerudveien 9 B, 1476 Rasta.

16.6 Operator processes the personal data with the objective to provide the Webshop services to the User and to forward advertising and other information to the User. The User is entitled, at any time, to withdraw its consent for receiving advertisements and other information by contacting the Operator.

16.7 The User provides his/her consent for processing of personal data to the extent described in Terms of Use with the objective to ensure the quality and accessibility of the Webshop and also to expand, improve, personalize and otherwise develop the Webshop.

16.8 Operator collects and records personal data in electronic format and makes extracts also in other format if necessary.

16.9 Operator shall not forward, sell or disclose the data of the User to third parties without the prior written consent from the User, except in instances provided in the Terms of Use.

16.10 Operator is entitled to forward the personal data to Operator group companies and cooperation partners.

16.11 Operator is not obliged to preserve the Personal Data of the Users.

16.12 The User is entitled, at any time, to withdraw his/her consent for processing of Personal Data, to request termination of the processing of Personal Data and deletion of the collected Personal Data, and closing of user account. For that the User shall forward respective application to the Operator’s client support. Withdrawal of consent shall not have retroactive effect.

16.13 Operator shall promptly notify User of any facts known to the Operator concerning any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of the Operator or by any other person or third party. Operator shall;

16.13.1 cooperate fully with User in the event of any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of Operator or by any other person or third party, to limit the unauthorized disclosure or use, seek the return of any Personal Data, and assist in providing notice if requested by User; and

16.13.2 upon termination or expiration of the Terms of Use for whatever reason, or upon request by User, Operator shall immediately cease to process the Personal Data and shall promptly return to User all such Personal Data, or destroy the same, in accordance with such instructions as may be given by User at that time. The obligations set forth in these data processing requirements shall remain in force notwithstanding termination or expiration of this Terms of Use.

17 Applicable law and dispute settlement

17.1 The present Terms of Use is governed by the laws of Norway.

17.2 Any complaints must first be registered with the Operator’s client support using the email provided above. The User should first contact the Operator with a view to obtaining an amicable solution.

17.3 Any disputes shall be settled under the laws of Norway by the courts of Norway, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.

17.4 The Webshop and the Terms of Use have been designed for use within Norway. Whilst the Operator is happy to to consider requests for Products from other countries, the Operator gives no warranty, express or implied, that the use of the Webshop or the placing of any order through the Webshop from other countries complies with any applicable laws or regulations of such other county. Accordingly, any Products or promotions not permitted under other local law are not offered to the Users from such countries.