Gym Store, Inc. dba GymStore.com Customer Terms of Sale and User Agreement
Modified: January 1, 2011
In order to use services from Gym Store, Inc. or engage in a sale with a Gym Store representative, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and payment authorization form or through initial phone sales consultation and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.
Acceptance of Terms
Gym Store, Inc. sells its products to you subject to the following terms and conditions, which may be updated by us from time to time without prior notice to you. By accessing, browsing, and/or using the services in this web site or by phone, you acknowledge and represent that you have read and understood these terms and conditions and that you and your company agree to be bound by them and comply with all applicable laws and regulations, including those of New York and the United States.
Terms & Conditions
This Purchase and Sale Agreement ("Agreement") is between the purchaser identified in the name and e-mail address ("Customer") and Gym Store, Inc. ("Gym Store"). By signing any contract provided by Gym Store or using www.gymstore.com, the parties agree that Customer shall purchase from Gym Store and Gym Store shall sell to Customer the equipment described within the invoice provided ("Equipment"), on the following terms and conditions:
The term Equipment means the following exercise and related equipment sold by Gym Store to Customer.
2. TERMS OF SALE
GymStore considers all sales final and are not cancellation unless prior written notice is submitted and confirmed received by a Gym Store representative. Regardless of the payment type (Check, Money Order, PayPay.com, or AMEX, VISA, MASTERCARD, DISCOVER) signed confirmation of delivery and acceptance of goods ends Gym Stores liabilities with the exception of any written and expressed warranties included in the original sale of goods..
The term new denotes any equipment that has not been used and carries the full warranty of the associated manufacturer. New equipment will drop ship from the manufacturer directly or ship direct from the stock of Gym Store's NY warehouse. .
The term Remanufactured means the following: rebuilding, repairing, and restoring equipment to meet or exceed original equipment manufacturer's (OEM) performance specifications.
3b. SERVICED & CLEANED
The term Serviced & Cleaned means the following: used equipment that have been inspected, tested, and restored to full working condition. They may feature new housings or other new parts, or they may simply be used equipment that have been tested and certified.
3c. PRE-OWNED / AS-IS
This terms PRE-OWNED or AS-IS means that the unit is exactly described in the invoice/web site listing (including picture proof of item) which includes but is not limited to minor pieces missing (end caps, placards, rubber grips) and or minor frame/plastic scratches & upholstery rips. Units will be in working condition..
4. PRICE & PAYMENT
a. Customer shall pay Gym Store the sum of money described in the checkout cart, or invoice for the Equipment ("Contract Price") by bank certified check, bank wire, cash, PayPal™ or credit card.
b. Customer shall pay the Contract Price to Gym Store as follows:
i. The total Contract Price upon execution of this Agreement. By signing or purchasing any product from Gym Store.
a. "As Is" Sale. The Equipment is sold "as is" and "where is," without any expressed or implied warranties, except that the Equipment is free and clear of any liens or encumbrances.
GYM STORE MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL GYM STORE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY TO USE THE EQUIPMENT.
b. Remanufactured Warranty. Gym Store hereby provides Customer a one-year warranty on parts and labor; the warranty shall commence on the date Gym Store ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment or gross misuse of the product.
c. Serviced & Cleaned Warranty. Gym Store hereby provides Customer a ninety-day warranty on parts; the warranty shall commence on the date Gym Store ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment. This limited warranty cannot be extend by warranties set out in paragraphs d and e.
d. 6-Months Extended Warranty. Gym Store hereby provides Customer a 18 months warranty on parts and labor on Remanufactured Equipment; the warranty shall commence on the date Gym Store ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
e. 1-Year Extended Warranty. Gym Store hereby provides Customer a 24 months warranty on parts and labor on Remanufactured Equipment; the warranty shall commence on the date Gym Store ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY UNDER THESE LIMITED WARRANTIES SHALL BE REPLACEMENT OF THE ALLEGEDLY DEFECTIVE PART INCLUDING LABOR. EXCEPT AS SET OUT IN THIS PARAGRAPH (a) AND (c)., GYM STORE MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL GYM STORE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY TO USE THE EQUIPMENT. IF THE CLIENT DOES NOT COMPLY WITH THE PROCEDURES AS LAID OUT BY GYM STORE, THE WARRANTY MAY AND CAN BE VOIDED AT THE DISCRETION OF GYM STORE.
6. COST & FREIGHT; SHIPMENT & INSURANCE
The Equipment is sold on a "Cost & Freight" basis, and Gym Store will arrange shipment. Gym Store shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Gym Store's premises if the customer did not opt for insurance. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Gym Store's premises.
Gym Store does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Gym Store shall only be an estimated date. In no way is this a "time is of the essence" clause; nevertheless, Gym Store will use its best efforts to deliver the Equipment to Customer by the proposed date or as soon as possible thereafter. If delivery becomes impossible or is delayed for more than 120 days from the proposed delivery date, Gym Store will at Customer's request provide Customer with a full refund of any money paid to it by Customer for the Equipment.
Customer agrees to inspect the equipment at the time of receipt or prior to shipment if preferred and make note of an discrepancies present and reflect those in writing . If Customer fails to do so, it shall be prima facie evidence that the Equipment was in good working order and without any damage at time of shipment.
9. DEFAULT ON PAYMENT & LIQUIDATED DAMAGES
If Customer fails to pay for the Equipment as set out hereunder, Gym Store shall give Customer 7 days written notice to cure. If Customer fails to cure within that time, Gym Store may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Gym Store if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees Gym Store shall be entitled to retain any Down payment as liquidated damages.
10. RETURNS & COSTS
If for any reason the Equipment is returned to Gym Store, Customer agrees to pay Gym Store (a) restocking fee of 15% of the sales price of the specific item, and (b) return shipping costs. Customer also agrees that if Gym Store is charged for any non-qualification or related credit card fees on any credit card payment or transaction by Customer relating to the Equipment, Gym Store may immediately charge or debit Customer's credit card in that amount. All returns must be in writing and confirm by a Gym Store employee prior to a credit being issued
11. LIABILITY DISCLAIMER
Except as set out in Paragraph 3, neither the limited warranty, nor language contained in any manual which is or may be provided in connection with or relating to the Equipment, shall be construed as an admission of fault or acceptance of liability by Gym Store in the event any mechanical or other defect results in any injury to property or person.
12. USE OF EQUIPMENT; INDEMNITY
Gym Store has no control over Customer's use or operation of the Equipment; Customer therefore assumes all responsibilities and risks associated with the Equipment's use and operation. Customer agrees to indemnify and hold Gym Store harmless from any claims, losses, damages or injuries (including court costs and attorney's fees) arising out of or associated with the sale, as well as Customer's or any third party's use or inability to use the Equipment.
For any notice to be given by one party to the other under this Agreement, it shall be in writing to the address listed above (or any subsequent address provided) and effective immediately on personal delivery or fax, or the next business day if sent by express mail, or three days after deposit with the US Postal Service, postage prepaid. Gym Store reserves the right to deny any notice, as it deems at its discretion.
14. APPLICABLE LAW
By using services provided by Gym Store, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gym Store.
15. GENERAL TERMS
a. All sales are final upon receipt of the Contract Price.
b. The parties warrant and represent that any corporate officer or persons signing any contract or purchasing through www.gymstore.com is fully authorized to do so.
c. This Agreement is binding on the parties, their successors, representatives and assigns, and it may only be modified in a writing signed by both parities. It constitutes the entire agreement between Customer and Gym Store, and it supersedes all prior oral or written representations or agreements that may have been made by either party.
d. No waiver of full performance by either party may be construed or operate as a waiver of any present or future default or breach of any provisions of this Agreement. If any provision is held to be invalid or unenforceable, it shall not affect the remaining provisions, which will remain in full force and effect.
16. LICENSE AND SITE ACCESS
Gym Store grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gym Store. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gym Store. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gym Store without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gym Store's name or trademarks without the express written consent of Gym Store. Any unauthorized use terminates the permission or license granted by Gym Store. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gym Store and any pages hosted under said domain so long as the link does not portray Gym Store, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gym Store logo or other proprietary graphic or trademark as part of the link without express written permission.
17. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gym Store does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Gym Store only with involvement of a parent or guardian. Gym Store reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
18. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gym Store reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Gym Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gym Store and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gym Store for all claims resulting from content you supply. Gym Store has the right but not the obligation to monitor and edit or remove any activity or content. Gym Store takes no responsibility and assumes no liability for any content posted by you or any third party.
19. RISK OF LOSS
All items purchased from Gym Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
20. PRODUCT DESCRIPTIONS
Gym Store attempts to be as accurate as possible. However, Gym Store does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gym Store itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Gym Store, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has been confirmed and an contract of sale has been signed by Customer. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
22. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GYM STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GYM STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GYM STORE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GYM STORE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GYM STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GYM STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
23. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to GymStore.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
24. OUR ADDRESS
Gym Store, Inc.
188 Varet Street
Brooklyn, NY 11206