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Terms of service

Terms and conditions

Version 1.1, December 21, 2022

General

These are the general ones of GYMBEASTON B.V., established in (3016 BM) Rotterdam at Westplein 12 (NL) and registered with the Chamber of Commerce under number; 86339427. (hereinafter referred to as; 'GYMBEASTON' or 'we'). 


Contents

These terms and conditions set out the rules and conditions that apply to the sale and delivery of our products to you. We ask you to read these terms and conditions carefully before placing an order. If you have any questions about these or other applicable terms, you can reach us at https://gymbeaston.com/pages/contact-us.


Applicability

By placing an order you agree to these general terms and conditions and we will act in accordance with these terms and conditions. If you cannot agree to all these conditions, you will unfortunately not be able to place an order. 


In addition to the general terms and conditions, in some cases other conditions will also apply, being;


  • The Privacy Statement, which relates to the use and processing of personal data.
  • The Cookie Statement, which relates to information regarding cookies on our website. 
  • The terms of use, which apply to the use of the website.
  • The return policy


All applicable terms and conditions are periodically kept up-to-date. The most recent terms and conditions have been published on our website. We may change or revise the terms and conditions without prior notice. The terms and conditions published at the time your order was placed apply to your purchase. 


  1. Placing an order

1.1. You can only place orders via our website 'www.GYMBEASTON.com'. You can find all our products on the website. You can then add the desired product to your shopping cart. From the shopping cart you can proceed to the checkout page. Make sure you fill in your contact details, delivery and/billing details accurately and correctly here. Always check that all products are in the right size and or color. After checking, you can complete the order and pay.


1.2. Your order is an offer from you to us to sell a particular product to you. After placing your order, you will first receive an e-mail when we have received your order (the offer). The official acceptance of your order takes place at the moment we inform you by e-mail that we have shipped the order. At that time, the agreement between you and us arises. 


1.3. To order our products you must be at least 18 years old and you must be authorized to use the payment method you choose when paying for your order. If you are under the age of 18, you may only place an order if a parent or guardian is involved. 



  1. Our rights to cancel or refuse your order

2.1. We reserve the right to cancel your order if we are unable to fulfil the order to you for any reason. This may be the case, for example, if the product is out of stock, the data you entered contains an error or because an error has been found in the price display or description of a product. In this case, we will inform you about this by e-mail and the product will not be charged. 


2.2. If we detect unusual or suspicious activity, we may cancel your order. Our products are poorly intended for personal use. If we notice something or suspect with your order that our products will be used for commercial purposes, we will cancel the order. If you do not agree with the cancellation of your order, please contact customer service. 


Finally, we can suspend the delivery of our products. We do this if we;

  • are dealing with technical problems or because we need to make technical changes;
  • update the product to reflect changes in relevant laws and legal requirements;
  • make changes to the product. 


2.3. We may also cancel your order if it is not possible for us to deliver to you due to force majeure. 


  1. Products

3.1. We sell and supply fitness equipment such as clothing and accessories. We make every effort to display our products and their packaging as accurately as possible on the website. However, we cannot guarantee that the images of the products always exactly match the product. Color differences may appear different on other devices than in reality. 


3.2. We also sell and deliver gift vouchers (digital code). You can use these gift vouchers to purchase other products from our website. You cannot use another gift card as a method of payment when purchasing a gift voucher. Gift vouchers are valid for 24 months from the date of purchase.


  1. Delivery 

4.1. Unfortunately, we cannot deliver to every country. Currently we are unable to ship to the following countries;


4.2. Shipping costs will be charged on your order. From a minimum order amount of - see free shipping thresholds per country - the shipping costs will not be charged. 


4.3. If there are additional costs, such as import duties, these will be for your account. These costs are explicitly not included in the shipping costs.


4.4. The average shipping time is 2-8 working days. If you order something during the sale, it may take a little longer before we can ship your order. 


4.5. If the delivery of your products is delayed due to an event beyond our control (e.g. due to delays in the post/courier, in logistics or in bad weather), we will let you know as soon as possible. If there is a risk of significant delay, you can contact us to cancel your order, and we will refund you for all products that you have paid for but have not received.


4.6. If no one is present during delivery to accept the package, the parcel deliverer will inform you about how and where you can still pick up the package. 



  1. Your rights to terminate the agreement 

5.1. You can terminate the agreement at any time. What rights you have after the termination of the agreement depends on the reason for the termination. 

 

5.1.1. If what you have purchased is broken or materially different from how it is described on our website or described, you may have a legal right to terminate the contract (or to a replacement product, or to have your money refunded). In this case, the return shipment in the Netherlands is free of charge, provided that you return the product to us within 60 days from the date of receipt.


5.1.2. The agreement can be terminated with immediate effect and we will return to you the full amount of the products for which you have paid but which have not yet been delivered if there is one of the following cases;


  • We have notified you of an upcoming change to the product or to these terms that you do not agree to;
  • we have informed you of an error in the price or description of the product you have ordered, which makes you no longer want to buy it;
  • we have informed you of a significant delay in the delivery of the products due to events beyond our control;
  • we have suspended the delivery of the products for technical reasons, or have informed you that we will suspend them for technical reasons, in any case for a period of more than four weeks;
  • You have a legal right to terminate the agreement.


5.2. In the event that you have changed your mind, we offer a period of 30 days (starting the day after receiving your order). Exceptions apply, such as for sale products and products that cannot be returned for hygienic reasons. For the full return policy, please refer to the Return and Refund Policy as published https://gymbeaston.com/pages/returns-policy


5.3.We will refund the amount you paid for the Products via the original payment method. For purchases paid for partly with a card and partly with a gift card, the refund will first be applied to the gift card. If you have used a discount code during payment, the amount to be refunded will be reduced to take into account the benefit of the discount you received when purchasing the product. We will  refund you as soon as possible. If you exercise your right of reflection, the refund will be made within 14 days of the day on which we get the product back from you.  For a detailed description of the method of return and refunds, please refer to https://gymbeaston.com/pages/returns-policy.




  1. Our rights to terminate the agreement

6.1. We may terminate the agreement if you do not comply with any of the conditions applicable to your order. We will inform you in writing if;


  • You do not provide us with information that is necessary for us to provide the products, for example the address for shipment, within a reasonable period of time after we have requested it;
  • You do not allow us to deliver the products within a reasonable period of time.


6.2. If we terminate the agreement, we will refund all that you have paid for the products that we have not delivered.


  1. Price and payment

7.1. The price of the product including VAT is displayed on the order pages and when placing the order. We make every effort to always display the price correctly. However, in the unlikely event that a lower price is displayed and you could not reasonably trust that this was the correct price, we will terminate the agreement, refund the amount paid and demand return of the delivered products.


7.2. If the VAT rate changes between the order date and the date we deliver the product, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the change in the VAT rate takes effect.


7.3. If we adjust the price of a product, we process this directly on the website. If you placed the order for a product before the price change, the price as stated on our website at the time you placed your order.


7.4. Our website uses Shopify. You can pay for your order in one of the following ways;


  • IDeal
  • Paypal
  • Klarna
  • American Express
  • Visa
  • Mastercard
  • Maestro
  • Bancontact
  • Shop Pay
  • Apple Pay
  • Google Pay


  1. Discount codes

8.1. If we release a discount code, you can apply it to your order. At checkout, you can enter the code.


8.2. Discount codes are only valid for a certain period of time. The code can no longer be used outside the specified period. 


8.3. Unless expressly stated in the relevant email or marketing communication, Codes can only be used for full price items and are not intended for items that are on sale or discounted, or to purchase gift cards. Codes also have no influence on the amount of shipping costs.


8.4. Er, only one Code can be applied per order. Codes cannot be used in conjunction with other offers.


8.5. Returned items will be refunded at the discounted price paid (the discount will be distributed proportionally among the products). When an order has been placed with a total amount for which the discount code can be used and items purchased with the Code are later returned to us, bringing the order amount below the level required for the discount code, the offer value can be deducted from any refund. This does not affect your legal rights. No discount is applied to items that are replaced later.


8.6. Orders are subject to availability and acceptance by us. We reserve the right to refuse orders when, in our reasonable opinion, a Code is ineligible for the order being placed or is the subject of inappropriate use or fraudulent activity.


8.7. We reserve the right to withdraw, modify or expand offers at any time after reasonable notice.


8.8. Each Code is accompanied by specific offer conditions. For specific information relevant to that Code, please refer to our email or marketing communications.


  1. Liability

9.1. If we fail to comply with these Terms, we will be responsible for any loss or damage you suffer that is a foreseeable consequence of our breach of contract, or of our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is clear that it will happen or, if at the time the contract was concluded, both we and you knew it could happen.


9.2. We supply the products for personal use only. If you use the Products for commercial, business or resale purposes, we will not be liable to you for any loss of profits, loss of business, business interruption or loss of business opportunity.


  1. Personal data 

10.1. We only use your personal data as described in our privacy statement. You can find it on https://gymbeaston.com/policies/privacy-policy.


Other conditions

11.1. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to inform you if we intend to do so. If you do not agree with that transfer, you may, within seven days of us informing you, contact us to terminate the contract. We will then refund you all payments you have made in advance for products that have not been delivered.


11.2. You may only transfer your rights or obligations under these Terms to another person if we agree to this in writing.


11.3. The agreement is between you and us. No other person has the right to enforce any of these terms.


11.4. Each of the provisions of these terms and conditions has a separate effect. If a court or relevant authority decides that one or more of these provisions are unlawful, the remaining provisions shall remain in full force and effect.


11.5. Dutch law applies to all purchases and disputes, either on the basis of 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 still has jurisdiction.