TERMS OF USE Version 1.1, 21 December 2022
 Terms of use These are the terms of use of www.GYMBEASTON.com. The website is operated by GYMBEASTON B.V., located at (3016 BM) Rotterdam, Westplein 12 (NL) and registered at the Dutch Chamber of Commerce under number; 86339427. (hereinafter to be called; ‘GYMBEASTON’ or ‘us’). Contents These terms of use provide the rules for the correct use of our website "https://gymbeaston.com/" (hereinafter: the website). If you have any questions about these or any other applicable Terms, please contact us at https://gymbeaston.com/pages/contact-us. Applicability By using our website you agree to these terms of use and you will use the website in accordance with these terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. In addition to the terms of use, other terms and conditions will also apply in some cases, being; The Privacy Statement, which pertains to the use and processing of personal data. The Cookie Statement, which pertains to information regarding cookies on our website. The general terms and conditions, which apply to every purchase agreement. All applicable terms and conditions are periodically updated. The most recent terms and conditions are published on our website. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. Changes to the website GYMBEASTON reserves the right to modify the website to reflect current changes in products, user needs or business interests. GYMBEASTON is not liable for any modification, price changes, suspension or discontinuance of the service. Suspending GYMBEASTON reserves the right to temporarily or completely suspend or cancel the website or any part of it. Use of the website The use of the website is free. GYMBEASTON does not guarantee that the website or what is displayed on the website is available at all times. GYMBEASTON has the right to temporarily or permanently suspend any part of the website for business or logistical reasons, without giving any reason being required. You are responsible for ensuring that anyone who uses our website through your internet connection is aware of these terms and that they act in accordance with them. Transfer of rights GYMBEASTON reserves the right to transfer all its rights and obligations to a third party. If this happens, GYMBEASTON will inform you in writing. GYMBEASTON is committed to ensuring that your rights are maintained in such a case. Account If you create an account or receive a username, password or any other item that is part of a security procedure, you should never share this information with a third party. GYMBEASTON reserves the right to deactivate anyone's account, user name or password if GYMBEASTON has reasonably concluded that you have not acted in accordance with one of the provisions of these terms and conditions. If you know or suspect that someone other than yourself is using or has knowledge of your username or password, you must report this to us immediately. Use of images and materials GYMBEASTON is the owner or the licensees of all intellectual property rights in the website and the material published thereon. All these works are protected by national laws and international treaties. All rights are reserved. You are not permitted to use or publish any materials without prior permission. You are also not allowed to edit (copies of) materials or images from this website or to publish them in any other context. If you are given permission to publish images or materials from the website, you must in any case state that GYMBEASTON is the rightful owner of the intellectual property. If you use materials or images in violation of these conditions without prior permission, GYMBEASTON reserves the right to deny you access to the website. All illegally made or distributed images or materials must then be immediately destroyed or removed. Information on the website The information displayed on this website is of a general informative nature. It is expressly stated that the information on the website is not intended as advice on which you can rely. It is advisable to obtain professional advice before taking any action based on the information obtained on our website. Any reliance on the material on this site is at your own risk. GYMBEASTON makes every effort to keep information on the website accurate and up-to-date, but does not guarantee that this information is also accurate, complete or up-to-date. Products Our products available exclusively online through the website. These products have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of GYMBEASTON. We reserve the right to discontinue any product at any time. Accuracy of billing and account information We reserve the 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. Hyperlinks Insofar as the website contains a hyperlink or reference to another website or source of a third party, these are only intended to be informative. The hyperlinks, references as well as the information on the website to which they refer have not been approved or correct by GYMBEASTON. GYMBEASTON has no influence or control in any way over the materials published on the linked websites. User uploaded materials The website may contain information and materials uploaded by other users of the site (for example, comments on content, articles and/or blogs on our sites). This information and these materials have not been verified or approved by GYMBEASTON. The opinions of other users on our site do not represent the opinions or values ​​of GYMBEASTON. If you have a complaint about materials uploaded by other users, you can report it via; https://gymbeaston.com/pages/contact-us. Liability Various limitations and exclusions of liability apply to liability arising from the supply of products to you. GYMBEASTON always conforms to the applicable legal system with regard to limitations in liability. GYMBEASTON does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 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 delivered to you 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 GYMBEASTON, 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 products, 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. The website is intended for domestic and private use only. You agree not to use our website for business or commercial purposes. GYMBEASTON shall not be liable for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect, consequential or special loss and/or damage. If defective digital materials provided by GYMBEASTON damage a device or digital content belonging to you and this is caused by our failure to exercise reasonable care and skill, GYMBEASTON will repair the damage or pay you compensation. However, GYMBEASTON is not liable for damage that you could have avoided by applying an update offered free of charge or for damage caused by you not correctly following the installation instructions or not having the minimum system requirements recommended by us. Privacy For our personal data policy, please see our Privacy Statement. Upload data to our website When you use any feature that allows you to upload content to our site or connect with other users of our site, you must ensure that your contribution; is not defamatory or discriminatory against anyone; is not obscene, offensive, hateful or inflammatory; bullies, insults, intimidates or humiliates anyone; does not promote illegal activities; is not provided in breach of any legal obligation owed to a third party (such as a contractual obligation or a duty of confidence); does not infringe any intellectual property rights of any other person. By uploading any materials to our website, you warrant that you will not be in breach of any of the above. If you breach this warranty in any way, you will be liable to GYMBEASTON for any loss or damage suffered as a result of your breach of warranty. GYMBEASTON has the right at all times to remove materials or data uploaded by you if GYMBEASTON reasonably believes that they violate the standards listed above. Any data you upload to our website will be considered and treated as non-confidential and non-proprietary. By uploading the data, you grant GYMBEASTON a worldwide, royalty-free and transferable license for an indefinite period of time to use, reproduce, store, copy, distribute and make available to third parties that data. GYMBEASTON reserves the right to disclose your identity to third parties who state that the data uploaded by you violates their intellectual property rights or their right to privacy. You are solely responsible for securing and backing up the data you upload. Viruses GYMBEASTON does not guarantee that the website is secure and free of viruses. You are responsible for configuring the platforms through which you access the website. You should use your own antivirus software for this. You must not misuse our website by knowingly introducing viruses or any other material that is harmful or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By violating this provision, you will be committing a criminal offense. We will report any such breach to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will terminate immediately and GYMBEASTON will hold you liable for all damages suffered. 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. Applicable law Dutch law applies to all purchases and disputes, either based on the law or on the basis of treaties. If this is not regulated by law or treaty, by using the website you agree that the Dutch court nevertheless has jurisdiction.