Terms of Sales
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., 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.
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the Sites for any reason, including if it has reasonable grounds to believe that you have provided false, inaccurate, out of date, or incomplete information in connection with your account or a Purchase Order.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. 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.
Q: Where do you ship?
A: We ship worldwide, working with a full-scale logistics and distribution company to make the international deliveries as effective as possible. The Shipping service does not deliver to P.O.Boxes, so provide please an alternative valide address (family or friends).
Q: Is shipping included?
A: Shipping is added to your order, as you enter your address on the check-out process. You have to select your Country, and the system will calculate the shipping cost in function of size and weight of your order.
We ship from Italy, as G-FORCE and FITSWORD are Made in Italy.
Q: What about customs and duties?
A: EUROPE: As we manufacture and ship directly from Europe, goods are able to be freely exported within the EU without any additional local duties (so there will be no additional charges).
REST OF THE WORLD: even though you have paid for the shipping, you might incur in additional fees for duties and customs (levied by the customs office in your country). We have no responsibility and control over those issues, as each country manage their customs as they please.
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.
Shipment. We will contact you to arrange shipment dates. Gravity Force Training will devote good faith efforts to deliver the Products by the agreed delivery date. However, shipment dates are approximate and they are NOT guaranteed and such dates are not the essence of any order. You waive all claims for damages due to delay in delivery of the Products which is beyond the control of Gravity Force Training. Gravity Force Training shall have the right to deliver Products in one or multiple shipments. All shipping is FCA place of shipment (Incoterms 2010). Should shipment be held beyond the scheduled date at your request, Gravity Force Training may charge Customer for all expenses incident to such delay, include but not limited to storage of the Products.
Delivery. Gravity Force Training shall use good faith efforts to deliver the Products to the designated location specified by you at the time of purchase. Title to Products passes from Gravity Force Training to you upon shipment from Gravity Force Training’s facility (or, if applicable, the third party manufacturer's facility) or, if earlier, upon delivery by the Gravity Force Training to you.
Delivery Date. Gravity Force Training will use commercially reasonable means to avoid, and to give you sufficient notice of, any delay in delivery of the Products; however, failure to deliver the Products by a specified date will not be sufficient cause for cancellation, nor will Gravity Force Training be liable for any direct, indirect, consequential or economic loss or damage due to delay in delivery, whatever the cause. Where delivery of the Products is to be made in separate shipments, delay in delivering certain Products shall not entitle you to refuse to accept the remaining Products. Gravity Force Training reserves the right to make shipments when Products are available.
Delay. If delivery will be delayed beyond the estimated delivery date, Gravity Force Training will notify you with an updated delivery date.
Force Majeure. Without limiting any provision in the previous section, you agree that Gravity Force Training shall not be liable or be deemed to be in breach of this Agreement for any failure to perform, or delay in performing, any of Gravity Force Training's obligations in relation to the Products if the delay or failure was due to any cause beyond Gravity Force Training's reasonable control. Causes beyond Gravity Force Training's reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Gravity Force Training or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
Returns. You may return Products (except for customized, special order, clearance Products, and downloadable content for which all sales are final) for refund within fifteen (15) days after delivery, but only if you have previously arranged for the return by contacting Gravity Force Training and obtaining a “Return Authorization Number” or “RMA”. To obtain an RMA contact a Gravity Force Training Representative at email@example.com. You are responsible for paying all shipping, handling and insurance charges to return the Products.
Product Returns. Products are not returnable for any reason without an RMA. You are responsible for returning the Products to Gravity Force Training within 14-days after you have been issued and RMA. All returns are at your own expense and risk of loss or damage to the Products. All returns are subject to the following:
You must return the Product undamaged and in its original condition;
You must return all original manuals, paper work, parts and accessories with the returned Product.
Except for damaged or non-conforming Products, original delivery costs are not refundable and you are responsible for all shipping costs, insurance for returns and any damage and loss suffered by the returned Products until the time they are delivered to Gravity Force Training.
Once the returned Product is delivered to Gravity Force Training, we will inspect it for damage. If the Product is returned in its original condition, new, not used (with the exception of limited use necessary to verify the characteristics and functioning of the Product) together with the labels and original documentation and packaging we will refund your payment as above less any diminished value of the Product due to your handling of it (including damage in transit or during your use of the Product prior to return).
Unauthorized Returns. Gravity Force Training will not provide a refund or credit for any Product returned without a valid and current RMA. You assume all shipping and handling charges for any unauthorized return.
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.