Terms & Conditions Document

Welcome to our ‘website’, https://gymshopen.com/ . By browsing and using this website, you are agreeing to comply with and be bound by our terms and conditions of use and our privacy policy. Throughout these terms and conditions we will refer to ourselves as GYMSHOPEN, ‘we’, ‘us’ and ‘our’ meaning Gymshopen Limited.

We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the Terms and Conditions on each occasion you use this website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

ONLINE SHOP TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your resident area or that you are the age of majority in your state or province and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purposes described below:

  • You may not violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You must not transmit any worms or viruses
  • Any code of a destructive nature

AVAILABILITY OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible for any losses ,fraud or miss-handling of this e-commerce store. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. All of our products may update anytime, the pictures, tags, and information are not final at any time. We reserve the right to modify or discontinue the Service (or any part or content thereof) without any notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may limit the quantities of our products of any brand without any prior notice. All descriptions of products or product pricing are subject to change, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected after the purchase.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We have complete authority and sheer right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD PARTY MONITORING TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

OWNERSHIP RIGHTS

You acknowledged and agree that all copyright, trademarks and all other intellectual property rights and all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensor and withhold. You are permitted to use this material only as expressly authorised by us or our licensor. All rights on this website are owned by “Gymshopen Limited”. The website is for personal and non-commercial use only. Any attempt to copy, store or share content and information for commercial purposes is strongly prohibited. You must not attempt to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from this website, all the content on the website including illustrations, accessories, and all graphic design are subject to trademark and copyright and other intellectual property rights held by Gymshopen Ltd.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

PAYMENTS

Transactions are charged at the time the goods are ordered. Once your order has been placed you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by our servers or collectors. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct any fraudulent activity may lead to cancellation of your order and permanent ban/

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 of this at the check-out stage, or shortly after placing your order. Unfortunately, during the sale period, we will be unable to accept discount codes on the website. You may check the website time to time, we the team of https://gymshopen.com/ have exiting discounts, offers, and promo codes for you.

DELIVERY AND REFUNDS

We will make every effort to deliver goods within the estimated time scales; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated time scales. We use standard AliExpress shipping method and we are not liable for any delay caused by them or their distributors either. Charges for returned orders (incorrect address provided, refused/undeliverable orders, etc.) are the responsibility of the customer.

International orders take 2 business days to process outside Australia and may take up to 4 weeks to reach you depending on location and customs clearance. You are informed that orders shipped to locations outside Australia (Melbourne) are subject to taxes, duties, brokerage fees, and all other expenses related to the import of products into that country from Australia.

In the event that you are not entirely satisfied with your purchase, simply return the item or items to us in their original condition* within 14 days though you have to pay the shipping charges to us for the refund.

TECHNICAL ERRORS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information; (g) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Either we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall “Gymshopen Melbourne, Australia” our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gymshopen London and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS AND CONDITIONS

Currently, you are viewing the latest version of “Terms of Services” on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to update yourself by checking our website on a regular basis. We will email our valuable users for any updates in these documents but we are not liable or answerable for any change we made or if you don’t receive the email on time.