TERMS AND CONDITIONS

Last updated: (15/06/2022)

 

These are the terms and conditions on which we supply our products to you.

Please read these terms carefully before ordering with us.  These terms tell you what you need to know about buying with us.  If you think that there might be a mistake in these terms, please let us know. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website.  The terms and conditions posted on the website or app at the time you place your order will govern that purchase.

1                         Who we are and how to contact us

1.1           Who we are.  We are Gymshopen operating under the Brand Name Danyal Diallo–Registered Australian Business Number 82725107922.  We are an E-commerce store with employees worldwide

1.2           How to contact us.  You can contact us athttps://gymshopen.com/contact/

1.3           How we may contact you.  If we have to contact you, we will send an email to the email address you provided to us in your order.

2                         Placing an order

2.1           How you can place an order.  Orders are placed through our website.  Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information.  Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “complete order” button or the “pay now” button.

2.2           Acceptance of your order.  Your order is an offer from you to us to buy the product(s) in your basket.  After you place an order, you will receive an email from us confiming that we have received it. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched your product(s).  It’s at this point that a contract will come into existence between you and us.  When we acknowledge your order, we’ll also confirm your order number.  If you need to contact us about your order, you should quote this number.

2.3           Restrictions on placing orders.  To order our products, you must be at least 18 years old and be authorised to use the payment method which you use to pay for the products you order. If you are under 18, you may place an order only with involvement of a parent or guardian.

3                         Our rights to cancel your order

3.1           If we cannot fulfil your order.  In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product. Where this occurs, no contract will be formed between you and us.

3.2           Suspending the supply of products.  We may have to suspend the supply of a product to you to:

3.3.1                 deal with technical problems or make minor technical changes;

3.3.2                 update the product to reflect changes in relevant laws and regulatory requirements; and/or

3.3.3                 make changes to the product as notified by us to you.

4                         Our products

4.1           What we provide.  We provide fitness gear, including clothing and accessories.

4.2           Descriptions of our products.  The pictures of our products (and packaging) on our website and our app are for illustrative purposes only.  We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.

5                         Delivery

5.1           Delivery destination. Currently we ship worldwide

5.2           Delivery costs.  Shipping costs may vary depending on where the customer is based

5.4           When we will provide the products. Timing of delivery may vary depending on where the customer is based

5.5           We are not responsible for delays outside our control.  If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible.  If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.

5.6           If you are not available when the product is delivered.  If no one is able to take delivery and the products cannot be posted through your letterbox, the postal services/courier will generally notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.  However, this may be subject to how the postal services/courier operates in your particular delivery location.

6                         Your rights to end the contract

6.1           You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. 

6.2           If what you have bought is faulty or differs substantially from how it is described on our website or our app you may have a legal right to a repair, replacement or refund of the product.  If you have a right to return the product, the return will be free provided you:

6.2.1                 return the product to us within a reasonable time after you have had a reasonable opportunity to inspect the goods; and

7.2           Returning products after ending the contract.  If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us.

 7.3          How and when we will refund you.  We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment.  If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you. 

8                         Our rights to end the contract

8.1           We may end the contract if you break it.  We may end the contract for a product at any time by writing to you if:

8.1.1                 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or

8.1.2                 you do not, within a reasonable time, allow us to deliver the products to you.

8.2           Refunds.  If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.

 

  1. Our responsibility for loss or damage suffered by you

9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so (including under clauses 110.3, 110.4 and 110.5). This may include liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of acceptable quality; fit for their intended purpose; be supplied to you with clear title;and supplied with reasonable skill and care).

9.3 Where you are a customer receiving the product within Australia, you may have additional rights under the Australian Consumer Law. We acknowledge that you may have certain rights under the Australian Consumer Law in respect of the consumer guarantees (which are set out in Division 1 of Part 3-2 of the Australian Consumer Law) as they may apply to goods supplied by us, and nothing in these terms should be interpreted as attempting to exclude, re-strict or modify the applicababilityof those rights.

9.4 Where you are a customer receiving the product within New Zealand, you may have additional rights under the Consumer Guarantees Act 1993 (CGA)We acknowledge that where you are a consumer and are not acquiring our goods in “trade” (as that term is defined in the CGA) nothing in these terms excludes or limits any rights orguarantees you have under the CGA and these terms shall be read subject to the CGA. 

9.5 Where you are in trade and acquiring the goods in tradewithin New Zealand some provisions of the CGA will not apply.  Where you are in “trade” and acquiring the goods in “trade” (as that term is defined in the CGA) in New Zealand, you acknowledge and agree that the provisions of the CGA will not apply to these terms or the goods provided by us under these terms and it is fair and reasonable to be bound by this provision. 

9.6 We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will (subject to clauses 110.3, 110.4 and 110.5) to the maximum extent permitted by lawhave no liability to you for any loss of or use of data,  loss of profit, loss of business, business interruption, loss of business opportunity, or loss or damage resulting from wasted management or other staff time.

  1. How we may use your personal information

How we may use your personal information.  We will only use your personal information to help us understand how to best provide quality service to you.

 

10.1 We may change these terms at any time.  We may make changes to these terms at any time to reflect changes in the law or for any other reason.  The most up-to-date version of our terms will always be displayed on our website and/or our app so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website or our app. If you are unhappy with the change of terms, you may contact us to end the contract within seven days of us telling you about the changes and we will refund you any payments you have made in advance for products not provided.

 

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