Terms of service
GYMI fitness. – Last date of modification: March 2020
- Information about GYMI fitness
- Terms of sale
- Price and payment
- Damaged or defective item(s)
- Website use
- Applicable law and jurisdiction
- Contact Webstore
The following Terms and Conditions (‘Terms and Conditions’) are valid between you and GYMI fitness. (‘GYMI fitness/we/us’) and apply to all use of and orders placed on our website www.gymifitness.com and other benefits and services offered by GYMI fitness (together, ‘GYMI fitness’’ or our ‘Service(s)’). By using the Website and/or placing an order on the Website you confirm that you have read and accept the Terms and Conditions. All Services are offered by GYMI fitness (Chamber of Commerce nr: 74210866), located at Hoofdweg 250-3 (1057 DH) Amsterdam, The Netherlands.
We may change the Terms and Conditions from time to time without notice. Customers are responsible for keeping updated with changes in these conditions. Please note that the Terms and Conditions that are valid for your order are always the Terms and Conditions in effect as of the time you place your order, and not a later version. We advise you to keep a copy of these Terms and Conditions on your computer.
2. Information about GYMI fitness
1057 DH Amsterdam
Email address: email@example.com
Chamber of Commerce number: 74210866
VAT registration number: NL0057361279
3. Terms of sale
By placing an order, you are offering to purchase an item on and subject to the Terms and Conditions of GYMI fitness. All orders are subject to availability and confirmation of the order price.
3.1 Eligibility to order
To place an order with GYMI fitness, you must be at least 18 years old and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate. Parental or guardian consent is required for customers under the age of 18.
3.2. Order confirmation
When you place an order on our website, we will send you an order confirmation by email. Please note that the confirmation email is an acknowledgement that we have received your order, but it is not an acceptance of your order.
Once you have checked out and have received your order confirmation email, neither you nor we will be able to make any changes to your order, so please make sure that everything is correct.
3.3. Acceptance and shipping confirmation
All orders placed by you are subject to acceptance by us. Once the order has been processed, a shipping confirmation email will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order.
3.4. Right to reject
We may, at our discretion, choose not to accept your order for any reason without any liability to you. Examples of when we may not accept your order are as follows:
- The product ordered is unavailable from stock;
- Our inability to obtain authorisation of payment;
- The identification of an error within the product information, including price or promotion;
- If we suspect any fraudulent activity;
- If shipping restrictions may apply to a product.
If we are unable to deliver within accordance to the terms in the confirmation, we will contact you and give you the opportunity to cancel the order. If we have already received payment, we will refund you the amount.
3.5. Quality of products
We aim to describe the item(s) on the Website as correctly as possible. However, as a result of different image acquisition, display technologies, or other technical reasons, minor differences in colour and other variations in item(s) are possible. GYMI fitness cannot be held responsible for any such discrepancy.
4. Price and payment
The prices shown on the Website include Dutch VAT of 21%. Prices are quoted in Euro (EUR) and do not include service, payment, or delivery.
The prices shown on the website may vary from time to time. GYMI fitness is not bound by the price until GYMI fitness has accepted the order by sending the shipping confirmation to you. GYMI fitness reserves the right to change, limit, or terminate any special offers or discounts at any time.
4.2. Price changes
We always try and ensure that all prices on the website are accurate, however, errors may occur. If we discover an error in the price of any item(s) which you have ordered, we will notify you by email about the price change and give you the option to reconfirm your order at the correct price or cancel the order. If we are unable to contact you, your order will be cancelled. GYMI fitness reserves the right to cancel any order prior to our acceptance of the order. If we have already received payment for a cancelled order, we will refund you the amount of the purchase. We are not able to compensate price differences with placing orders or returns.
The price of an item I ordered online has changed. Can I get the difference back?
Unfortunately, it is not possible to receive a partial payment back if the price on an item has changed during a sale period. If the item is still in stock online, you can choose to return your item for a refund. If prices have changed for any other reason, then please contact our customer service team.
4.3. Promotional code disclaimer
Promotional codes are only applicable on full-priced items, not on sale items. For further details, please check the code’s full terms and conditions.
4.4. General sale/promotions disclaimer
Unless otherwise stated, the final price already reflects any discount. All sale items are limited to available stock. GYMI fitness reserves the right to change discount and offers on products without any prior notice.
We accept payments with American Express, Visa, MasterCard, Paypal, and iDeal. All payments are processed by Mollie.
We do not store card numbers after the transaction has been completed. For more information, you can take a look at our payment partner http://www.mollie.com.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason, authorise payment, then you will be notified immediately at the checkout.
Please note that local charges (customs duty, sales tax) may apply, depending on your region and local customs duties. The charges are at your own expense.
5.1 Shipping details
We provide shipping to the EU, the UK and Switzerland using our partners’ UPS, PostNL and DPD. Shipping rates are applied per order. The exact shipping rates depend on the country to which your order is being delivered. All packages are insured and have a tracking number so the package can be tracked. This tracking number will be shared in the shipping confirmation email.
5.2. Delivery time
The Netherlands – 1-2 working days
Europe, the UK and Switzerland – 2-7 working days
We aim to deliver your order within the number of days shown for your country in the table above. However, sometimes deliveries may take longer, particularly during busy sale periods. Saturday and Sunday are not considered working days. If you have not received your delivery within the number of days shown for your country in the table above, please contact our Customer Service. Please note that we are not held responsible for any delays resulting from postal delays.
6.1 Right of return
Not happy with your product? Returns are possible within 14 days after receiving the product. Please note that return costs are at your own expense. When the return has arrived and is processed, we will refund the money within 10 working days using the same payment method.
Enclose the order form with your return and send an e-mail to firstname.lastname@example.org to register the return. Please mention ‘return’ plus your order number in the subject, and disclose in the email which products you’re returning and why. If you are returning the entire order, we will give you a full refund, including original shipping costs. If you are returning a partial order, we will refund the amount of the particular items.
The following steps need to be taken in case of return:
- Email us email@example.com to register the return. Please mention ‘return’ plus your order number in the subject, and disclose in the email which products you’re returning and why.
- Pack your item(s) back in the box and include your order form.
- Please return your items and the return form to the following address:
1057 DH Amsterdam
- Return costs are at your own expense.
- That’s it! Once your return parcel has reached our warehouse, we will process your refund immediately. Please note it may take up to one week for the refund to appear (depending on your original payment method).
All original packaging must be intact and the product must be unused. No tape is to be attached to the product or the item(s) packaging. All item(s) must be returned in a box to protect their form. Returns that do not meet our policy will not be accepted and will be returned to you.
For any questions about your order, return or the Return Form, please contact Customer Service.
6.2. Refund information
If you return your entire order, we will refund all costs including the original delivery costs. If you return a portion of your order (ie: one of three products you purchased), we will reimburse you for the cost of the returned item only. All reimbursements will be paid within 10 days from the date we receive the returned product(s). We will reimburse you using the same method of payment that you used to make the original transaction unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances.
7. Damaged or defective item(s)
All GYMI fitness item(s) come with a two-month warranty against faults in materials and manufacture. This warranty period may vary depending on the statutory law of the country where the item is shipped. This warranty covers production faults, but not wear-and-tear from regular use.
If you believe you have a warranty claim concerning an online purchase, please contact Customer Service. Send them an email and include your original order number, photos of the suspected fault and a brief description of the claim. They will decide whether the damage is the result of a manufacturing defect or deviation from factory specifications. If they determine that you have a claim the item(s) will be refunded.
8. Service(s) use
8.1. Errors, inaccuracies and omissions
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, and availability. At any time and without prior notice, we reserve the right to correct any errors, inaccuracies or omissions; change or update information, or cancel orders if any information is inaccurate.
8.2. Intellectual property rights
All elements on the Website are owned by or licensed to GYMI fitness and its affiliates. All elements of the Website including (but not limited to) the general design and the content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights.
You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. You may not publish, duplicate, distribute or otherwise reproduce the content to others without prior consent from GYMI fitness.
8.3. Limitation of liability
GYMI fitness will not be liable for any indirect, direct, additional or consequential damages that may result from the use or content of our Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website; the performance of the products; or otherwise arising in connection with the use of these Terms and Conditions, even if GYMI fitness has been advised of the possibility of any such damages.
8.4. Third parties
On our Website you may find third party links that direct you to third-party websites that are not affiliated with us. We are not responsible for these links or for any loss or damage that may arise from the use of them. These websites have their own separate Terms and Conditions as well as privacy policies. GYMI fitness is not responsible and cannot be held liable for the content and activities of these websites.
Each provision of the Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.
9. Applicable law and jurisdiction
These Terms and Conditions are in accordance with the laws of the Netherlands. In the event of a dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch Courts.
10. Contact Webstore
If you have any questions or comments about the Website or the Terms and Conditions, please contact our Customer Service via firstname.lastname@example.org.