These terms and conditions of sale (“Terms and Conditions”) govern the offer and sale between Gym Source Ireland Limited, a limited liability company having its registered office at 118 Drumcondra Business Centre, Drumcondra in the City of Dublin, Republic of Ireland registered with the Companies Registration Office; Company Number 678493 (hereinafter the “Vendor”) and the customer (hereinafter the “Buyer”) of the goods, content and/or services (collectively the “Goods”) sold by the Vendor on the e-commerce channel of the website www.technogym.com or on the Blomming platform on Facebook (collectively the “Platforms”). If the Buyer is interested in the purchase, they are invited to read these Terms and Conditions of Sale carefully before buying the Goods on the Platforms. When buying the Goods on the Platforms, the Buyer declares that they have read and expressly approve these Terms and Conditions of Sale. The description of the Goods is contained in the technical sheet for each good, which is published on the website www.technogym.com. We suggest printing a copy of these Terms and Conditions of Sale and/or saving them for future reference. The Vendor may use subcontractors to fulfil the transport and/or installation of the Goods and/or other services ordered.
Formation of contract
By confirming the purchase order on the Platforms, the Buyer declares that they have reached the age of legal majority, that they have the necessary legal capacity, and that they are legally authorised to enter into purchase contracts. By sending the purchase order, the Buyer confirms that they have read, understood and accepted all these Terms and Conditions of Sale. The Vendor will accept the purchase order by sending an order confirmation to the email address supplied by the Buyer during the online purchase process on the Platforms. The Buyer expressly accepts this form of communication for the exchange of information regarding the formation and fulfilment of the sale contract.
Price and terms of payment
The prices for the Goods on sale on the Platforms are inclusive of VAT, and of transport and installation costs if applicable. The transport and installation costs only apply to deliveries and/or installations in the Republic of Ireland (hereinafter “the Territory”). For deliveries outside the territory, the Buyer must make a specific request at the time of purchase on the Platforms, in the “NOTES” section in the registration form. In such cases, the transport and installation costs will be calculated separately and the Buyer will be notified of them before the order is confirmed. Buyers who may be entitled to a reduced rate of VAT are required to indicate this in the “NOTES” section in the registration form. Supporting documentation must be supplied to the email email@example.com. In this case the Vendor will send the order confirmation by email, only after having received the supporting documents. When these documents have been validated and the request is found to be valid, the reduced VAT rate will be applied in accordance with the law. The price of the Goods purchased on the Platforms is the price published from time to time on the website www.technogym.com. These prices may be subject to changes, which will not however affect the orders already accepted by the Vendor when the changes are introduced. The price is to be paid by bank transfer in a single amount, prior to the date of delivery. Alternatively, payment may be made using a credit card, via an authorised Payment Service Provider (in our case PayPal or WorldPay), or, for those cases specifically indicated during the purchase process, through consumer finance. Details of the terms of payment that apply at the time the purchase order is made are contained in the “Method of payment” section. The Goods will remain the property of the Vendor until full payment of all sums due in relation to the sale contract, including any interest on arrears and expenses incurred by the Vendor to recover amounts outstanding. Buyers who are classified as consumers or users within the meaning of section 2 of the Consumer Protection Act, 2007 have the right to demand from the Vendor the amount paid for the order, if the Vendor does not conclude the contract or withdraws from it.
Delivery and transport
Unless communicated otherwise by the Vendor, the Goods will be supplied “Ex Works” from the Vendor’s warehouse; thus the Goods travel at the Buyer’s risk from the time they are made available for transport at the Vendor’s warehouse. As a partial variation of the rules of “Incoterms 2010”, transport and installation are normally organised by the Vendor in the name and on behalf of the Buyer and at the Buyer’s expense; these costs are always included in the price, as stated on the price list save where a price variation is notified prior to delivery. The delivery date is purely indicative and in this regard, time is not of the essence. It is the date indicated on the order confirmation or, if no delivery date has been indicated, the delivery will be fulfilled within a reasonable period from the date of contract formation, except in cases of force majeure, and after the Vendor has received all the documents proving that payment has been made. The Buyer may ask for a change to the delivery date specified on the order confirmation, no later than one week prior to the scheduled date of delivery. If the request to postpone the delivery date is received by the Vendor after the one-week notice period, the Buyer must refund any costs of transport already paid by the Vendor and, at the Vendor’s discretion, shall pay a sum equal to 2% of the order value for each week of postponement of the delivery date, by way of reimbursement for storage costs, and without prejudice to its rights to further damages. The actual date of installation, to be agreed with the Vendor’s operatives, will depend on the delivery zone, the type of Goods, and requirements as communicated by the Buyer.
Collection of WEEE equivalents
The Vendor will collect equivalent electric and electronic equipment (“WEEE equivalents”) on a one-for-one basis when the Buyer no longer needs the equipment, has intention to dispose of it or is obligated to do so. WEEE equivalents refer to WEEE collected at the time of the supply of new equipment with the same function. This is based on the purchase on the Platforms by the Buyer of new electric or electronic equipment for home use, which has the same function as the WEEE equivalent. The equipment will only be collected free on a one-to-one basis, in other words, a piece of equivalent equipment will be collected when new electric/electronic equipment is purchased. The WEEE equivalent collection service is free throughout the Territory . Free collection will take place within 30 (thirty) days from the date of delivery of the new product, to the same delivery address. The Buyer must ensure that the WEEE equivalent is ready for collection, otherwise the collection may be refused. If the Buyer intends to utilise the free WEEE equivalent collection service, this must be expressly requested at the time the new electric/electronic equipment is purchased, by clicking on the relevant symbol during the purchase process on the Platforms, or by contacting the Vendor on the number 01 9120692 or by sending an email to firstname.lastname@example.org. For WEEE equipment containing personal data, the Buyer must erase all such data themselves and expressly exempts the Vendor from all liability regarding data protection laws.
Multimedia services and content
Warranty and support for Technogym products. Limitations and forfeiture. Safety instructions for installation services.
For Buyers classified as consumers the warranty for new Goods will run for 2 (two) years from the date of delivery, except for all parts subject to wear and tear (including but not limited to cables, upholstery, rubber and plastic components). For Buyers who are not classed as consumers, the Vendor's warranty is strictly limited to the replacement or repair, at the sole discretion of the Vendor, of components of the Goods that have material or manufacturing defects and the Buyer thus waives all action for termination or reduction of the Price. The warranty on new Goods is 1 (one) year from the date of delivery, plus a further period of 12 (twelve) months (second year after the date of delivery), during which service call-outs will have a fixed call-out rate and a charge for labour and travel costs. Only the parts will be provided free of charge, with the exception in any case of parts subject to wear (including but not limited to padding and belts for treadmills). The Buyer is also informed that Goods intended for home use (Personal Line: Run, Bike, Recline, Cross; My: Run, Cycling; Power personal: Bench/Rack; Unica; Forma; Kinesis personal and Technogym Bike) have been designed to limit the space requirement and weight, while also being easy to use and handle, and easier to position and utilise in a home environment. These Goods are also intended for non-intensive use (use within a corporate or hotel environment is not considered as intensive use, provided that such facilities only allow guests of the hotel or internal staff to use the Goods, and the gym is not available to the general public). The warranty on Goods designed for home use will be invalidated if the Goods are destined for intensive use in gyms open to the general public. A professional Buyer who makes a claim under the conventional warranty (therefore limited to the second year) may be required to pay the full price of the Good, and the Vendor may suspend its performance under warranty until such time as the price has been paid in full. In such a case, spare parts will only be supplied upon full payment of the Good, or with cash on delivery.
Used (non-reconditioned) Goods are guaranteed for 1 (one) year from delivery, if they are intended for Buyers who are legally classified as consumers, and they are sold without warranty in all other cases. Goods from the “Still Novo®” line (reconditioned equipment) are covered by a warranty of 18 (eighteen) months from delivery, of which the first 12 (twelve) will include full cover (parts, travel and labour), while the remaining 6 (six) months will only cover travel and labour. All Goods are shipped with a manual containing instructions for their correct use and maintenance. The warranty provided in this Article 7 will be invalidated in the event of faults, failures or deficiencies in the Goods that result from use and/or maintenance which is improper and/or does not conform to the instructions in the manual. If the Goods are directly installed by the Buyer or by third parties that are not authorised by the Vendor, the Vendor is not liable for damages arising from the incorrect installation of the Goods or installation which does not conform to indications in the user and installation manual or in any other document sent with the Goods. Certain Goods must be fixed to the ground (or to the wall or ceiling) using appropriate fixing equipment, before use. If such Goods are directly fixed to the ground (or to the wall or ceiling) by the Buyer or by third parties that are not authorised by the Vendor, the Vendor is not liable for any damage caused by incorrect fixing or lack of fixing to the ground (or to the wall or ceiling) or any installation carried out without using specific fixing equipment, and/or in a way that does not conform to indications in the use and installation manual or any other document sent with the Goods. The Buyer agrees to take all the necessary measures to ensure that the site of installation and/or maintenance of the Goods is safe and does not present any risk to the health and safety of the personnel installing the Goods or to maintenance personnel. To this end the Buyer indemnifies the Vendor in respect of all and any liability for damage and/or injury that may occur at the site where the installation or maintenance services are performed, except for cases of wilful misconduct or gross negligence attributable to the Vendor or its subcontractors. The Vendor will only carry out services under warranty within the territory . Warranty services only extend to restoration of the functionality of the Good and the free replacement of faulty parts, except where the Vendor, at its sole discretion, considers it more convenient to fully replace the Good. In any case, the Vendor declares and guarantees that it may provide warranty services on the Goods also outside the above territories, reserving the right to charge any costs to the Buyer, also with payment in advance. In all cases where the Buyer requests assistance that is not justified by a real problem regarding the operation of the Good or in any case a problem is not attributable to the Vendor, the Vendor may charge the Buyer the cost of the call-out even if the Good is covered by a warranty.
Technogym Care – extended warranty service
You can purchase an extended warranty service (the "Technogym Care") which only applies to Goods bearing a serial number (therefore, it does not apply - for example - to clothing and Wellness Tools; the list of products supported by the Technogym Care is available here-LINK). Technogym Care can be purchased either at the time of purchase of the relevant Good or within 24 (twenty-four) months following the purchase of the relevant Good (the "Initial Period"). With Technogym Care you will be granted the additional rights indicated below, without prejudice to the rights you already benefit according to the applicable laws and regulations and following the previous section "Warranty and assistance for Technogym® products. Limits and forfeits. Safety provisions for the execution of installation services ". With the purchase of Technogym Care, for a period of two (2) years from the end of the Initial Period, we guarantee the functional restoration of the Good (s) by replacing the defective parts or, at our discretion, the full replacement of the Good. Travel and labor costs associated with the restoration or replacement of the Good are included, subject to the limitations indicated below. Further, the guarantee on spare parts produced by Technogym will be valid until the expiry of the Technogym Care service. The conventional guarantees of Technogym Care will not apply in the event of: (a) defects or damage deriving from accidents, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquids, humidity, humidity (outside the normal humidity connected use of the Property), sand or dirt, negligence, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage; (c) equipment whose serial number has been removed, defaced or altered; (d) ordinary usury; (e) defects or damages resulting from the use of the Goods in combination or in connection with accessories, products or auxiliary / peripheral equipment not supplied or approved by the Seller; (f) defects or damage resulting from improper use, maintenance, installation, service or adjustment not supplied or approved by the us; (g) defects or damage deriving from external causes such as collision with other objects, fire, flood, lightning, earthquake, exposure to external agents including meteorological, theft or improper use of any electrical source and / or IT infrastructure. Technogym Care applies exclusively to Goods intended for domestic and non-professional use. Destination of the Goods to professional use voids any Technogym Care guarantee. For the purposes of this clause, "professional" use means, without limitation, any intensive use of the Goods in public places and / or places open to the public, while "private use" means the use of the Goods by a consumer being the natural person final user of the Good, who acts outside the scope of his/her professional activity (trade, business, crafts, freelance). The Technogym Care guarantee is provided only for Goods located in the following territories: Italy, France, United Kingdom, Germany, Spain, Portugal, Luxembourg, Belgium, Holland. We will also be able to carry out warranty interventions even outside the aforementioned territories, reserving the charge of any related costs, asking for payment and/or reimbursement of costs even in advance. To activate the Technogym Care services, the Purchaser must: (i) call [0547.65r send an email to [email@example.com] , as soon as possible and in any case within thirty (30) days from the day on which the Good has shown signs of malfunction; (ii) provide the Technogym Support Team with the following documents / information: the serial number of the Good, the invoice and / or the specific purchase document of the Good and Technogym Care, a sufficiently detailed description of the problem encountered, including also photos / videos to support the Technogym Support Team in identifying and solving the problem; (iii) make the Good available for examination by our technicians, where necessary. Technogym Care also includes the following additional services: (a) FAST SUPPORT: the first technical assistance will be provided within 48 hours from the correct notification of the asset malfunction, as specified above; or (b) EXTENDED FIELD SERVICE HOURS: you can select the specific time slot in which the first Technical Assistance will be carried out, even outside normal business hours. These additional services may be subject to limitation depending on the specific geographic zones.
The Vendor guarantees the conformity of the Goods to all the mandatory safety standards imposed by laws, provisions and regulations in force in the Territory, and consequently, in the European Union. For the “Still Novo®” Goods, the Vendor declares that they conform to the laws in force in the year the machine was produced, regardless of the date on which it was remarketed as a used product. The Vendor declines all liability for any damage to property and/or injury to persons arising from any use of the Goods that does not conform to the indications in the user manual or any other document or notice attached to the Goods, or arising from use of the Goods that have not been fixed to the ground (or to the wall or ceiling) in accordance with the instructions in the manual or any other document or notice sent with the Goods, as well as damage to property and/or injury to persons arising from the fulfilment of the delivery and/or installation services and/or any other services, even if carried out by sub-contractors of the Vendor. The Vendor further declines all liability for damage arising from use of the Goods by persons who are not in a suitable physical condition, as the user is required to check beforehand that his/her physical fitness is compatible with use of the Good. The user is expressly asked to read the user manual of the Good carefully before use, to ensure that it is used correctly, and to strictly comply with the safety regulations displayed. Personal training services are provided taking into consideration the mental and physical condition, as communicated by the Buyer and/or by the end user of the services, in each case. Therefore, the Buyer agrees to check in advance and ensure that the end users of the personal training services check their state of health beforehand, and must obtain and/or ensure that the end users obtain a medical certificate confirming their sound and robust constitution, valid for the current year. The Buyer expressly exempts the Vendor in respect of any liability for damages arising from their state of health and/or the health of the end users. The Vendor may suspend the personal training services if it is found that the Buyer and/or end users of the services are not in an adequate state of health for the physical activity provided, or have not provided details of any changes in their state of health. The Vendor does not provide medical services and is not responsible in any case for checking the state of health of the Buyer and/or end users. Examination of the state of health of the Buyer and/or of the end users of the personal training services may only be carried out by the physician chosen by the Buyer and/or end users, or by a licensed healthcare professional. For “Climb” Goods, the Vendor informs the Buyer that they will require replacement of the drive unit (primary chain, timing belt and poly-V belt) every 3 years after installation. After 3 years following the installation of “Climb” Goods, the Buyer should contact the Vendor to arrange for these parts to be replaced. If these components are not replaced due to the fault or actions of the Buyer, the Vendor is exempted from any liability for any injury to persons and/or damage to property deriving from the malfunctioning of the drive unit and therefore of the Good. The Vendor shall not be liable for any indirect damage caused by the Goods. Limitations on the liability of the Vendor do not apply: (a) in the event of the death of or harm to the person caused by the gross negligence of the Vendor; (b) in the case of wilful misconduct or gross negligence by the Vendor; (c) in any other circumstance which, according to law, does not allow for limitations on liability.
Right of cancellation
Right of cancellation of Buyers classified as consumers or users pursuant to and for the purposes of Consumer Rights Directive is referred to as S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 or for short ‘the regulations’Within 14 (fourteen) working days from date of delivery of the product, or from the date of formation of the contract in the case of services, any Buyer who is classified as a consumer or user pursuant to the Regulations may cancel the contract without incurring any penalty and without giving a reason. The cancellation period expires 14 (fourteen) days after the date on which the Buyer or a third party designated by the Buyer (other than the carrier) acquires physical possession of the product, or from the date of formation of the contract, in the case of services. The right of cancellation may only be exercised by Buyers classified as consumers under the terms of the relevant law, in other words by individuals who bought the products for their own use and for purposes not related to their professional activity. In order to exercise the right of cancellation, the Buyer must inform Gym Source Ireland Limited, 118 Drumcondra Business Centre, Drumcondra Road, Dublin 9 email: firstname.lastname@example.org of the decision to withdraw from the contract, by sending an express declaration (a letter sent by post, fax or email). For that purpose the customer may use the cancellation form which is available here Right of cancellation, but this is not obligatory. The Buyer can also compile and send the online cancellation form or any other express declaration, on that web page. If the customer chooses that option, the Vendor will immediately send confirmation of receipt of cancellation, on a permanent support, for example by email. To respect the cancellation period, the Buyer merely needs to send a notice of cancellation before the cancellation period expires. If the Buyer does decide to cancel the contract, the customer will be refunded with all the payments made to the Vendor, including the cost of delivery (apart from any additional costs deriving from the Buyer’s choice of a type of delivery other than the least expensive standard delivery offered by the Vendor), without undue delay and in any case within 14 (fourteen) days from the date on which the Vendor was informed of the Buyer’s decision to cancel the contract. The refunds will be made by using the same form of payment utilised by the Buyer for the initial transaction, unless specifically agreed otherwise by the Buyer; in any case the Buyer will not bear any costs as a result of the refund. The refund may be suspended until receipt of the Goods, or until the Buyer can prove that they have shipped the Goods, if earlier. The Buyer is asked to return the Goods or deliver them to the Vendor at the following addressI118 Drumcondra Business Centre, Drumcondra Road, Dublin 9 without undue delay and in any case within 14 (fourteen) days from the date on which notice of cancellation was given. The cancellation period will be respected if the Buyer returns the Goods prior to the expiry of the14-day (fourteen)period. The direct costs of returning the Goods is paid by the Buyer. The cost is estimated to be approximately the cost incurred by the Vendor for the delivery. For distance contracts, where the Goods, by their nature, cannot be returned by post, the Vendor will collect the Goods at its own expense. The Buyer will only be responsible for any impairment in the value of the Goods that was caused by any handling of the Good that was not necessary in order to establish its nature, characteristics and functioning.
Applicable law. Competent Court.
These Terms and Conditions are governed by the laws of the territory, except for the application of the rules of international private law, which are excluded. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. If the Buyer is classified as a consumer or user), the court in the place of residence or domicile of the Buyer shall have jurisdiction in respect of any dispute between the Buyer and the Vendor in relation to these Terms and Conditions or to any contract made between said parties. If the Buyer is not classified as a consumer the Courts of the Republic of Ireland shall have sole jurisdiction in respect of any dispute between the Buyer and the Vendor in relation to these Terms and Conditions or to any contract made between said parties. In any case, the Vendor may take action against the Buyer at courts in the place where the Buyer is domiciled.
For more information, or to make a complaint, the Buyer may send an email to the following address:email@example.com or contact the Vendor on the number 01 9120692 Alternatively, the Buyer can write by ordinary post to: Gym Source Ireland Limited, 118 Drumcondra Business Centre, Drumcondra, Dublin 9.