TERMS OF SALE
This Terms of Sale Agreement (the “Agreement”) is a legal agreement between you (either an individual or a single entity) and Gravity Force Training SRL. (VAT number: IT11531920012), an Italian company located in Torino (Italy) in Corso Duca degli Abruzzi 6, and sets forth the terms and conditions under which Gravity Force Training is willing to sell to you (“you” or “your”) via website www.gravityforcetraining.com and www.fitsword.com (the “Sites”) fitness equipment and related products, multimedia products, and/or services such as personal training services.
CONTACT INFORMATION: MAIL: email@example.com PHONE: +39 3927730359
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY GRAVITY FORCE TRAINING PRODUCT(S) AND/OR SERVICE(S). BY PURCHASING OR ORDERING A PRODUCT OR SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT COMPLETE YOUR ORDER.
This Agreement represents the entire agreement between you and GRAVITY FORCE TRAINING SRL, and it supersedes any prior proposal, representation, or understanding between the parties specifically regarding the subject matter hereof.
PRODUCTS AND SERVICES
Products. Gravity Force Training offers for sale fitness equipment for both individual and Professional Use (defined below); multimedia content including without limitation remote personal training services; and in-person and/or in-home personal training services (collectively, the “Products”).
Product Descriptions. Gravity Force Training attempts to be as accurate as possible in describing the Products. If you purchase a Product from Gravity Force Training and find that it is not as described on the Sites, your sole remedy is to return it in unused condition as provided below.
USE OF THE SITES TO PURCHASE PRODUCTS
Your use of the Sites to purchase Products is at Gravity Force Training’s discretion and Gravity Force Training may terminate or suspend your access to and use of the Sites at any time. In order to purchase some Products, you may be required to first set up an account with Gravity Force Training. For more information about setting up an account, see below.
You understand and agree that Gravity Force Training shall have the right to bar your access to and use of the Sites for any reason, including if it has reasonable grounds to believe that you have provided false, inaccurate, out of date, or incomplete information in connection with your account or a Purchase Order. Similarly, Gravity Force Training may bar your access if you have created an account on the Sites and fail to properly log-in by providing the applicable log-in, password, or answering applicable challenge questions.
SETTING UP AN ACCOUNT
Unless otherwise agreed, your personal data shall be used exclusively to supply you with the Products you purchase.
You are responsible for maintaining the security of your own log-in and account information. You are responsible for all activity that takes place under your account.
You may purchase Products through the Sites by submitting a Purchase Order to Gravity Force Training and paying the applicable purchase price for the Products as set forth below.
To purchase Products from the Sites, select the relevant Products, place them directly in the shopping cart, click the “Proceed with Purchase” or similar button, and provide your purchase information and payment details when prompted. If you have previously created an account with Gravity Force Training and have logged-in to your account, some of your purchase information will be automatically filled-in for you. When you have completed the required payment information, you will have an opportunity to review and correct or confirm your purchase, at which point you will have the option to proceed with your purchase and pay the purchase price by clicking the “Purchase Now” button or cancelling your purchase by clicking the “Cancel” button. When you select the Purchase Now option your “Purchase Order” will be submitted to Gravity Force Training.
The sales agreement is executed once Gravity Force Training accepts your Purchase Order by sending an "Order Confirmation" message to your designated email address. The Order Confirmation will include a summary of your order and other information regarding your purchase. Gravity Force Training's Customer Service Department will then contact you to confirm delivery address and the Product ordered.
If the Products you purchased include services or multimedia or other content to be delivered electronically (via mobile or fixed network), your Order Confirmation will include information about how and when (and as applicable the duration of your use) you may download and access the content and any technical requirements that you must satisfy to do so.
PRICES, PAYMENT, CANCELLATION
Prices. Unless otherwise noted, all monetary amounts listed are in Euro. The price(s) displayed for Products on the Sites represents the full retail price listed on the Product itself. They do not include delivery, installation or tax each of which is calculated separately and added to the total price when you place your order.
Shipping and Handling. The prices displayed on the Sites do not include the cost of packing, transportation, or shipping. These are calculated prior to completing your purchase and quoted in a separate line called “Shipping.
Taxes. The prices do not include sales, use and excise taxes, tariffs, customs, duties and other governmental charges. If due at the time of sale, these will be calculated on a case-by-case basis prior to completing your purchase and quoted in a separate line called “Taxes”.
You are responsible for paying the total purchase price including shipping costs, and all applicable taxes.
Method of Payment. You may pay for the Products by credit card, PayPal and other electronic methods approved by Gravity Force Training.
Terms of Payment. You must pay the full purchase price when you place your order. No orders will be processed or shipped until payment is received in full. If you dispute or decline your payment we reserve the right to immediately cancel your order.
You may cancel an order before it has shipped. You may not cancel an order that has shipped.
Intellectual Property. All patent, copyright, trade mark, or other intellectual property rights in the Products are and shall remain vested in Gravity Force Training and nothing in this Agreement shall be construed as granting to you a license to such intellectual property rights or any right of manufacture of the Products, except as otherwise expressly provided below.
Proprietary Notices. You shall not remove or obscure any patent, trademark, copyright or other proprietary notices incorporated on or in the Gravity Force Training Products.
Limited Equipment Warranty. Gravity Force Training warrants to you (the original purchaser) that the Product will be free from manufacturing defects in workmanship and materials for a period of one year.
If the Product fails within the Warranty Period due to manufacturing defects in workmanship or materials, Gravity Force Training will, upon its confirmation of such defects, at its sole option and as your sole and exclusive remedy, replace any defective part(s), repair the Product, and/or replace the defective Product. You must contact the Gravity Force Training customer service department and provide a description of the defective part(s) and/or Product, along with the original purchase documentation as validation of warranty coverage. Should Gravity Force Training, at its sole discretion, choose to replace the Product, Gravity Force Training will issue you an RMA and you must return the defective Product to Gravity Force Training with all shipping charges prepaid within fourteen (14) days. All shipping charges associated with returning the defective Product to Gravity Force Training shall be the sole responsibility of the purchaser. This warranty is extended and is valid only to you, the original purchaser, and is not transferable or applicable to any other person(s).
Exclusions. THIS LIMITED WARRANTY DOES NOT COVER OR APPLY TO: (a) any damage to the Product due to misuse, mishandling or abuse; (b) Products not used in accordance with Gravity Force Training’s instructions or recommendations; (c) normal wear and tear (including without limitation cables, padding, rubber, and plastic components); (d) Products that were damaged in transit to the purchaser; (e) any Products that have been customized (including, without limitation, by painting); (f) operation in a manner contrary to documentation provided to you with the Product; or (g) any products (including, without limitation, any accessory parts, components, supplies or other products that may be included as part of or otherwise packaged with the products) manufactured by any third party. This limited warranty is non-transferrable.
Warranty Service. If the Product you purchased fails to perform as warranted and you notify Gravity Force Training of the failure within the applicable warranty period and otherwise comply with all of the requirements herein including those set out in “How to Obtain Warranty Service”, Gravity Force Training or its authorized reseller will replace any defective part(s), repair the Product and/or replace the Product. If Gravity Force Training elects to replace such Products, Gravity Force Training shall have a reasonable time to make such replacement.
How to Obtain Warranty Service. To obtain Warranty Service, you must promptly notify Gravity Force Training (firstname.lastname@example.org) upon discovery that the Product(s) failed to perform as warranted, with a detailed explanation of the problem, and provide proof of the date and time of purchase. Should Gravity Force Training, at its sole discretion, decide to replace the Product(s), you must notify Gravity Force Training of the intended shipment date to allow Gravity Force Training to arrange for shipment should Gravity Force Training so desire, and return the Product(s) to Gravity Force Training as directed by Gravity Force Training.
Limitations on Warranty Service. Gravity Force Training will not provide Warranty Service if you have not paid the full the price for the Product, violated any provisions of this Agreement or if Gravity Force Training examines the Product and determines that the reported problems do not actually exist, are not defects, or were caused by accident, misuse, abuse, mishandling, neglect, alteration, negligence, unauthorized repair or alteration by anyone other than Gravity Force Training, unsuitable physical or operating environment, improper installation or maintenance, removal or alteration of any Product or parts identification label, or any failure caused by a product for which Gravity Force Training is not responsible. In that event, Gravity Force Training will return the Product to you at your expense. Any replacement or repair shall fulfill all of Gravity Force Training’s responsibility to you under any legal theory, including, but not limited to, contract, tort, indemnity, statutory provision or otherwise.
LIMITATION OF LIABILITY
Assumption of Risk: You understand that the use of Gravity Force Training products and any strenuous, challenging and or aggressive activities involves risk of injury. You assume all such risk, including risk of property damage, bodily injury or death, and all other damage or potential damage, whether known or unknown. By using Gravity Force Training Products You waive and release Gravity Force Training and its officers, employees, agents, and affiliates from all damage, injury, death, loss, or other liability that You may suffer or incur as a result of Your use of the Products.