Conditions de Vente
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the products (“Products”) and services (“the Services”) listed on our website with the following url’s: www.technogym.com and www.technogym.nl (our site). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of the purchasing form conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or Services from our site.
1. INFORMATION ABOUT US
Our site is a site operated by Technogym Benelux B.V. (we or Technogym). We are registered in The Netherlands under company number 24241818 and with our registered office at Rhijnspoor 259, (2901LB) Capelle aan den IJssel
2. SERVICE AVAILABILITY
Our site is only intended for use by people who are either resident in Belgium, the Netherlands or Luxemburg (“Benelux”) or are purchasing Products or Services to be delivered in or to one of the Benelux-countries. We do not accept orders for deliveries to any other countries.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are purchasing the Products or Services for your own personal and non-business use; and
(d) You are purchasing Products or Services for delivery in one of the Benelux-countries.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.2 The Contract will relate only to those Products or Services whose dispatch or supply we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products or Services which may have been part of your order unless such Products or Services have been confirmed in a separate Order Confirmation.
5. CONSUMER RIGHTS
5.1 You may cancel a Contract for; (i) a Product at any time within seven working days, beginning on the day after you received the relevant Products or (ii) Services, at any time within seven working days after you receive the Order Confirmation unless you have arranged to receive the Services within that time, in which case you may cancel at any time up until you receive the Services (the Cancellation Period). In this case, you will receive a full refund of the price paid for the Products or the Service in accordance with our refunds policy (set out in clause 10 below.
5.2 To cancel a Contract, you must inform us in writing within the Cancellation Period. You must also return any related Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. The approximate term of delivery is 28 days from the date of the Order Confirmation (where payment is made by credit card) or from receipt of the document certifying payment by wire transfer. The delivery date will be arranged by us in accordance with our operators in the area of the delivery and will vary based on the delivery address, type of Products and other relevant factors.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products and Services will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Unless we have explicitly stated otherwise, our prices are exclusive of any applicable VAT and delivery costs, which will be added to the total amount due. In the event that you are entitled to pay a lower rate of Value Added Tax, we will provide you with a reduction in the VAT only after you have sent us and we have received all the necessary and appropriate documentation in order to enable us to properly process that reduction.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
8.4 Our site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product or Service's correct price is less than our stated price, we will charge the lower amount when dispatching the Product or providing the Service to you. If a Product or Service´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or Service, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products or Services must be by credit or debit card. You can find a full list of the cards that we accept together with any special payment terms here . We will not charge your credit or debit card until we dispatch your order.
8.7 Payment must be made in a single instalment, prior to delivery, which can be made as follows:
(a) Credit card: using American Express, VISA and Mastercard guaranteed WorldPay. The order will transit through the information systems of WorldPay, which will confirm the validity of the card to Technogym.
(b) Wire transfer: to
Technogym Benelux B.V.
Account Number: 22.214.171.1244
8.8 In case of payment by credit card, stipulation of the contract will require confirmation of the economic transaction by Technogym’s bank. In case of payment by wire transfer the order is filled only after receipt of a photocopy of the bank confirmation, sent via fax within 7 days of the date of stipulation of the contract with our confirmation of order. If Technogym does not receive the bank receipt within the above term, it has the right to consider the order null and void and terminate the contract without written notice to the other party. Delivery is subject to proof of payment and the delivery term starts from receipt of the document certifying payment.
9. OUR REFUNDS POLICY
9.1 If you would like to return a Product to us, please contact us using the following contact details or using the form provided with your Products when they were delivered.
9.2 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 We will usually refund any money received from you using wire transfer.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site will perform in accordance with its specifications, subject to fair wear and tear and to the Product being used in accordance with the Operating Guide, for a period of two years from the Delivery Date. The warranty covers free replacement of any defective parts in order to restore product function or, at our option, a replacement of the whole Product if we do not believe that it can be repaired by replacement of parts. It includes the costs of labor and shipment. We are not liable for use of the equipment in any way that does not comply with the instructions in the illustrative sheets, or for use by persons in unsuitable physical conditions, as the users are responsible for ascertaining the suitability of their health. The users should use the equipment purchased only after reading the manual and under their own exclusive responsibility, using the machinery correctly in strict observance of the safety regulations.
10.2 The warranty in 10.1 does not apply to wires, padding, parts in rubber and plastic.
10.3 Our sole liability in respect of a breach of the warranty at 10.1 is to replace the defective parts or, at our option, to replace the Product as referred to in clause 10.1..
10.4 We warrant that any Service that we provide to you will be performed with all reasonable skill and care and in accordance with applicable law.
10.5 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product or Service you purchased.
10.6 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.8 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Technogym Benelux B.V. at Rhijnspoor 259, (2901LB) Capelle aan den IJssel or by email (with a confirmation of receipt) to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the laws of The Netherlands. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of The Netherlands.