Terms and conditions

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Terms and conditions

These terms and conditions ("Terms", "Agreement") are an agreement between calisthenics forza srls ("calisthenics forza srls", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the gymnasticsforza.com website and any of its products or services (collectively, "Website" or "Services").

Age requirement

You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change product pricing at any time. We also 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.

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,  which is calculated separately and added to the total price when you place your order.

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.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Backups

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, calisthenics forza srls will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by calisthenics forza srls or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with calisthenics forza srls. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of calisthenics forza srls or calisthenics forza srls licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any calisthenics forza srls or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will calisthenics forza srls, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if calisthenics forza srls has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of calisthenics forza srls and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to calisthenics forza srls for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold calisthenics forza srls and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Campania, Italy without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Italy. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Campania, Italy, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Products. 

gymnastics forza    offers for sale fitness equipment for both individual and Professional Use (defined below); multimedia content including without limitation 

 

Product Descriptions. 

gymnastics forza  attempts to be as accurate as possible in describing the Products.  If you purchase a Product from gymnastics forza  and find that it is not as described on the Sites, your sole remedy is to return it in unused condition as provided below.

CANCELLATION

 You may cancel an order before it has shipped.  You may not cancel an order that has shipped.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

DELIVERY

Shipment.  gymnastics forza 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 gymnastics forza  which 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, gymnastics forza  may charge Customer for all expenses incident to such delay, include but not limited to storage of the Products..

ACCEPTANCE; RETURNS

  You must return the Product undamaged and in its original condition;

You must return all original  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 Gymnastics forza

Once the returned Product is delivered to Gymnastics forza, 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)  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).

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Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

INTELLECTUAL PROPERTY

Intellectual Property.  All patent, copyright, trade mark, or other intellectual property rights in the Products are and shall remain vested in Gymnastics forza 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.

FAQ

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, .

 

Q: What about customs and duties?

 

A: EUROPE: As we manufacture and ship directly from Italy, 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 gymnastics forza

 

Terms of Payment. are required to 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.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Agreement, please contact us.

This document was last updated on August 4, 2019

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