- These general conditions of sales (hereinafter "General Conditions of Sales") shall govern any and all sales and purchases between SE Active Sdn. Bhd., a company incorporated in Malaysia with its registered office at 69, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur (Company Registration No. 1228906-K) (hereinafter referred to as the "Seller") and the purchaser (hereinafter referred to as the "Customer") in respect of the goods/services provided by the Seller (hereinafter referred to as the "Goods") through the e-commerce channel available on-line at www.technogym.com/[ ]or through the Seller's social media platforms (hereinafter referred to as the "Platforms").
- The Customer is encouraged to carefully read these General Conditions of Sale before carrying out the purchase of Goods through the Platforms.
- By purchasing Goods through the Platforms, the Customer shall be deemed to have read, understood and irrevocably agreed to these General Conditions of Sale. It is recommended that the Customer print and/or keep a copy of these General Conditions of Sale for future reference.
- Descriptions of Goods will only be found in the relative specification sheet available on-line at www.technogym.com/[ ].
- The Seller may use subcontractors for the performance of transport services and/or installation of Goods and/or other services detailed in the purchase order.
- Headings and titles used in this General Conditions of Sales are for convenience only and shall not define nor limit any of the provisions hereof.
- The provisions hereof shall be binding upon and shall inure to the benefit of Seller and Customer, their respective successors, and permitted assigns.
- Agreement for sale and purchase
1.1 The Customer represents to be a person of full age and to have the legal capacity and/or to be legally authorized to enter into any agreement.
1.2 The Customer may initiate the purchase of one or more Goods through the Platform by selecting the relevant item(s), placing the item(s) directly in the shopping cart and by clicking on the “Next” button or other button of confirmation of his/her decision to proceed to the next step of purchase. The Customer will then be led to a check-out page to fill in the Customer’s details for check-out and confirm the Goods to be purchased and payment details (“Check-Out Procedure”).
1.3 Once the Check-Out Procedure is completed, the Customer is required to click on the "Purchase Now" button or other button of confirmation of his/her decision to proceed with the purchase and pay for the price of the Goods and other costs of purchase. By doing so, the Customer is deemed to have submitted a purchase order in respect of the relevant Goods (“Submission of Purchase Order”).
1.4 By submitting the purchase order, the Customer declares and shall be deemed to have read, understood and irrevocably agreed to these General Conditions of Sale. Upon receipt of the purchase order, the Seller will acknowledge receipt of the order by sending an email to the Customer (“Acknowledgment Email”). This Acknowledgment Email does not constitute acceptance of the order.
1.5 The sale and purchase agreement occurs once the Seller accepts the purchase order by sending the order confirmation message (hereinafter referred to as the "Order Confirmation") to the email address entered by the Customer during the Check-Out Procedure (“Customer’s Email”).
1.6 It is hereby understood that the Customer has expressly agreed to the use of such means of communication set out in this Clause 1 for the purpose of exchanging relevant information in order to conclude and execute the sale and purchase agreement. The Order Confirmation will contain a summary of the order and the relevant invoice will be sent afterwards to the Customer’s Email.
1.7 If the Seller is not able, even partially, to process a purchase order, it shall contact the Customer via email or by telephone at the contact details provided during the Check-Out Procedure within thirty (30) days from the date of Submission of Purchase Order. In the event that the Customer has already made payment for the Goods, the Seller shall reimburse such sum by way of transfer of the refund to the Customer which will be credited on the credit card or on the bank account used for the original purchase, in accordance with applicable law.
- Availability of the Goods
2.1 The Seller shall use reasonable efforts to ensure that the prices and any information related to the Goods sold through the Platforms are at all times correct and up to date. However, the Seller does not guarantee that all Goods displayed on the Platforms, at a given moment, are also available for sale through such means.
2.2 The Seller reserves the right at its sole discretion to modify, at any time and without prior notice, the Goods, their description, price and availability (“Right to Modify”). However, the Right to Modify shall not be applicable to Goods ordered through the Platforms for which the Customer has already received the Order Confirmation.
- Price and methods of payment
3.1 Subject to Clause 3.2, all prices of the Goods available on the Platforms as calculated during the Check-Out Procedure shall be inclusive of sales and service tax, installation and transport charges, where required.
3.2 The installation and transport charges in respect of the Goods which are calculated during the Check-Out Procedure only apply to delivery and installation to be carried out within Peninsular Malaysia and Sabah and Sarawak (“the Territory”). Different installation and transport charges may apply to Peninsular Malaysia and Sabah and Sarawak respectively, which will in any case be calculated during the Check-Out Procedure. All installation and transport charges will be borne by the Customer. Installation and transport are not available outside the Territory.
3.3 The price of the Goods purchased on the Platforms is equivalent to the prices indicated from time to time on the website www.technogym.com/[ ]. Such prices may be subject to modifications which nonetheless will not affect orders for which an Order Confirmation has been issued. Further payment terms may be stipulated in the Order Confirmation.
3.4 Payment for the Goods can be done by bank credit transfer, in a single installment, not later than the date of consignment. Alternatively, payment of the Goods can be done by credit card, using PayPal or WorldPay, or, if this is requested during the purchasing process and for the countries in which such service is available, through consumer credit financing. Further information regarding the applicable payment terms for the chosen method of payment at the time of the purchasing order can be found in the section "Method of Payment" of the website www.technogym.com/[ ], in the section "Shop".
3.5 The Goods shall remain property of the Seller, which may suspend delivery of the Goods, until the payment for the Goods has been received by the Seller in full, whereby property in the Goods shall then pass to the Customer. If the Customer fails to meet the terms of payment set out in the Platforms and/or the Order Confirmation, the Seller shall not be obligated to deliver the Goods to the Customer and will be entitled to receive late payment interest from the day in which the payment remained outstanding, as well as the expenses incurred by the Seller for the compulsory recovery of credit.
- Delivery and transportation
4.1 Except otherwise communicated by the Seller, the Goods shall be deemed delivered (a) upon leaving the Seller’s warehouse to be transported to the Customer, for Goods that do not require installation by the Seller, or (b) upon signing off by the Customer on the confirmation document provided to the Customer, for Goods (including, but not limited to, bulky Goods) that require installation by the Seller (“Delivery Date”). Subject to Clause 6, any loss or damage to the Goods after the Delivery Date shall be borne solely by the Customer. Where applicable, freight and installation will be organized by the Seller but in the Customer's name and at the Customer’s expense. Such expenses for freight and installation shall be notified to the Customer during the Check Out Procedure (in the case where Goods are to be delivered within Malaysia) or via e-mail (in the case where Goods are to be delivered outside of Malaysia).
4.2 The delivery term(s) specified in the Order Confirmation are merely indicative and not essential and the Seller reserves the right to modify such delivery term(s) at its sole discretion. If the delivery term(s) are not specified in the Order Confirmation or related documents, the delivery must be carried out within a reasonable period of time from the date of the Order Confirmation and in any case within thirty (30) days from the Order Confirmation, except in cases of force majeure (as defined in Clause 4.3 below), and upon the Seller's receipt of clear funds of the full payment for the Goods, transportation and installation. For Goods that require installation by the Seller, the actual date of installation, to be agreed with the Seller, will depend upon availability of the installer, the area of delivery, type of Goods and the needs expressed by the Customer.
4.3 ‘Force majeure’ shall mean any delay or failure in the performance of the Agreement in the event that such delay or failure arises from an act of God, war, civil war, riots, natural causes, disease, epidemic, pandemic, governmental lock down or movement control laws, change in government, amendment or abolition of laws, enactment of laws, orders or penalties by governmental authority, labor disputes, accidents in transportation or communication circuits, surges in raw material prices or freight, drastic changes in exchange rates, or other causes not attributable to the Seller (“Force Majeure Event”).
4.4 In the event of a Force Majeure Event, the Customer agrees that the delivery will be delayed for a reasonable period of time given the particular circumstances of the Force Majeure Event and the Seller shall not be liable for such delays. If the Seller is unable to deliver the Goods due to a Force Majeure Event, the Seller may elect to notify the Customer in writing of such inability to deliver the Goods and shall within three (3) months of such notice transfer a refund to the Customer for all payments made in respect of such Goods, which will be credited to the credit card or to the bank account used for the purchase.
- Services and multimedia content
5.1 In the event the Goods includes the supply of services (for example, personal training services in the customers' premises or remote personal training services) or remote multimedia content (“Additional Services”), the description of such services and the modalities for delivery shall be included in the description of the service and of the multimedia product available for sale through the Platforms and/or the Order Confirmation. Some Goods may also include complimentary additional multimedia content which are provided for free with purchase of the Goods (“Freebies”).
5.2 In the event the Additional Services or Freebies, as the case may be, involve remote services and/or multimedia content, the Additional Services will be made available by the Seller through the activation of an account that will be assigned to the Customer during the registration process on the web or mobile platform dedicated to the supply of the services and/or selected content (for example, the following web based platforms: technogym.com, mywellness.com or twellness.com). Instructions to access such remote services and/or multimedia content shall be provided to the Customer at www.technogym.com/[ ].
5.3 Access to the platform will require the use of a device which can access mobile or fixed networks (e.g. tablet, smart-phone, pc or Technogym® equipment connected to the internet) compatible with the platform required for the provision of the services and/or contents and activation by the Customer of the account generated by the Seller and notified by the Seller to the Customer at the Customer’s Email provided at the time of the registration carried out on the Platform.
5.4 If the Additional Services are sold together with Goods, the account activation date on the dedicated platform shall be the same day as the Delivery Date.
If the Additional Services are sold separately from the Goods, the Seller shall send an e-mail notice in which the activation date shall be defined. The account activation date in respect of Freebies shall be the same day as the Delivery Date.
5.5 The duration of the Additional Services (which also includes access to multimedia content) or Freebies, as the case may be, which shall be calculated starting from the activation date, shall be specified in the relevant Order Confirmation for the Additional Services.
5.6 The activation and maintenance of the Customer’s account on the platform through which the Seller or its subcontractors may supply the Additional Services or Freebies, as the case may be, does not give the Customer the right to receive free updates or upgrades in respect of content and/or applications already activated.
5.8 Unless otherwise agreed with the Customer, any personal data of the Customer which is stored or processed by the Seller in respect of the Additional Services shall be used exclusively by the Seller for the supply of the Additional Services purchased by the Customer and the Customer hereby consents to such usage of its personal data.
6.1 The only warranties provided to the Customer by the Seller in respect of the Goods are set out in this Clause 6, and replaces all other warranties (implied or express), including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, usage of trade, and course of dealing, except insofar as such warranties cannot lawfully be excluded or limited. If any warranty term of this Clause 6 is found to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected.
6.2 In the event that the Customer resells the Goods (“Resale”), the Seller shall not be liable to the Customer or any purchaser after the Resale. The Customer shall indemnify Seller against any claims that arise in connection to such Resale.
6.3 Goods which fall under the relevant period of warranty may only be substituted or repaired, at the Seller's sole discretion. Substitution and repair shall only be in respect of components of the Goods affected by an original defect in the material and/or workmanship of the Goods. Substitution and repair shall be limited to functional restoring of the Goods including replacement of defective parts of the Goods, unless the Seller, at its own discretion, deems more appropriate the integral replacement of the Goods.
6.4 The Customer waives any action for the termination of the sale and purchase agreement or reduction of the price of the Goods. However, the Seller may (but is not required to) at its option refund the Customer for the price of the Goods instead of repairing or replacing the Goods.
6.5 The warranties granted by the Seller in respect of the Goods are only in respect of private and "non-professional use” of the Goods. Any "professional use" of the Goods shall invalidate any warranty related to the Goods.
For the purpose of this Clause 6, "professional use" means any use of the Goods in places open to the public. The use of the Goods (including, but not limited to, the “Home” line of Still Novo® Goods) in gyms and/or fitness centers located inside hotels and accommodation facilities in general (including company's work-out rooms) that are exclusively intended for the use of hotel guests and/or guests of the accommodation facility shall also invalidate any warranty related to the Goods.
6.6 The warranty period for all Goods except for Still Novo® Goods (refurbished equipment) Goods shall be valid for a period of two (2) years starting from the Delivery Date, with the exception of all the wear and tear parts (including but not limited to cables, pads, rubber, ribbon for treadmill, and plastic parts) for which the warranty shall be three (3) months.
In the event the Seller does not receive the full price of the Goods, the Seller may object to the use of the conventional warranty, temporarily ceasing the warranty service and/or the supply of requested spare parts.
The supply of spare parts may be carried out only if the Customer proceeds with the full advance payment for those spare parts.
In the event the Customer requests any technical assistance that does not prove to be justified by a real malfunctioning of the Goods or by a problem not ascribable to the Seller, the Seller may charge the Customer for the service call even though the Goods are under warranty.
6.7 The warranty period in respect of Still Novo® Goods (refurbished equipment) shall be valid for a period of eighteen (18) months starting from the Delivery Date, subject to the first twelve (12) months being a warranty for total coverage (i.e. for spare parts, travel and workmanship expenses), while the warranty for the remaining six (6) months shall be for spare parts only. Starting from the thirteenth (13th) month, the Customer shall bear all travel and workmanship costs and will be charged for any service calls. Furthermore, Still Novo® Goods belonging to the line of products "Home" are only for use in domestic environments and non-intensive use (the use in a home, corporate and hotel environment is not considered to be intensive) and therefore, the warranties on such “Home” line of Still Novo® Goods shall be void if they are placed in fitness centers or are intended for a professional use.
6.8 The repair or substitution of the Goods under warranty (“Warranty Service”) may be carried out by the Seller or its business partners or subcontractors, at the sole discretion of the Seller. If the Warranty Service needs to be carried out in a country outside Malaysia, the Seller reserves the right to charge any travel, workmanship and transport expense to the Customer, with such expenses to be paid by the Customer to the Seller in advance. These expenses may be applicable even if the Goods, following its purchase, have been moved by the Customer to a country other than the one of purchase.
6.9 All Goods shall be dispatched together with a handbook for proper usage and maintenance and, therefore, the warranties provided under this clause are not applicable in the case of defects, damage or missing pieces of the Goods due to improper use and/or maintenance based on the provisions of the handbook or any other act attributable to the Customer.
6.10 Any installation of the Goods executed by the Customer or third parties not authorized in writing by the Seller and/or the positioning of the Goods in outdoor locations or near moisture areas shall immediately cause the loss of any warranty related to said Goods.
Upon the Seller's request, failure to return the Goods and/or the spare parts or the components of the substituted Goods shall immediately cause the loss of any warranty related to said Goods.
6.11 Some Goods require mandatory fixing on/to the ground, wall or ceiling which has to be carried out with the use of particular fixing tools. The Seller shall not be liable in any way for damage, including damage to the Goods, arising from the improper use and/or maintenance and/or installation and/or fixing on/to the ground, wall or ceiling in a manner not compliant with the provisions of the handbook and/or other document or warning supplied together with the Goods, or where such maintenance and/or installation and/or fixing on/to the ground, wall or ceiling of the Goods is carried out directly by the Customer or by third parties not authorized in writing by the Seller.
6.12 Upon receipt of Goods, or during the inspection in case of Goods that require installation by the Seller (including, but not limited to, bulky Goods), the Customer shall check the Goods. If the Goods have a defect and/or in case of lack of conformity according to law (“Defect”), the Seller shall, free of charge, repair (if possible) or replace the relevant Goods or parts, as the case may be, with new Goods or parts, as the case may be. If the Seller is not able to promptly repair or replace the Goods or parts, as the case may be, in a satisfactory way, it will contact the Customer in order to propose an alternative solution which might consist in substitution with an alternative Goods of the same quality and functionality, or the reimbursement of the price paid for such Goods (including the original delivery cost and any reasonable expenses to return the Goods, if duly justified by means of supporting documentation).
6.13 If the Customer detects a Defect, (a) in the case of Goods that require installation by the Seller (including, but not limited to, bulky Goods), the Customer shall inform the Seller at the time of installation, or (b) in the case of Goods that do not require installation by the Seller, the Customer must promptly inform the Seller in writing, and in any case within one (1) month from such detection, by sending an email to the following address: email@example.com or by registered mail to the following address SE Active Sdn. Bhd./Technogym Malaysia, 69, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur, specifying the Defect and including evidence of such Defect and a copy of the purchase invoice, (“Defect Notification”).
In the case of Goods that require installation by the Seller (including, but not limited to, bulky Goods), the Seller may require from the Customer access to the premise in which the Goods are installed in order to carry out an inspection of the Defect.
If the Seller finds in its opinion that there is reasonable evidence of Defect, the Seller shall effect repair of such Goods or, where not possible, shall replace or substitute it.
Replacement or substitution of Goods shall only be made subject to (a) in the case of Goods that do not require installation by the Seller, the Customer shall at the Customer’s expense, return the Goods to the following address SE Active Sdn. Bhd./Technogym Malaysia, 69, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur, or (b) in the case of Goods that require installation by the Seller (including, but not limited to, bulky Goods), the Customer shall within ten (10) days of sending a Defect Notification contact the Seller by e-mail or telephone at firstname.lastname@example.org or +603 22023500 to arrange a suitable time with the Seller for the Seller to collect and replace or substitute the Goods.
If the Seller decides instead that it will refund the Customer for the Goods instead of repairing, replacing or substituting the Goods, the Seller shall notify the Customer in writing within two (2) months of receiving a Defect Notification (“Refund Notification”). Within one (1) month of receiving a Refund Notification, the Customer shall return the Goods. In the case of Goods that do not require installation by the Seller, the Customer shall at the Customer’s expense, return the Goods to the following address: SE Active Sdn. Bhd./Technogym Malaysia, 69, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur. In the case of Goods that require installation by the Seller (including, but not limited to, bulky Goods), the Customer shall within ten (10) days of receipt of a Refund Notice arrange a suitable time with the Seller for the Seller to collect the Goods. Within one (1) month of receiving the Goods returned by the Customer, the Seller shall transfer the refund to the Customer which will be credited on the credit card or on the bank account used for the original purchase.
6.14 If a Customer returns the Goods without first receiving a Refund Notification, the Seller shall inspect the Goods and shall be entitled to return the Goods to the Customer if such Goods lacks any Defect, or if the Seller reasonably determines that the Goods have been damaged due to improper use or handling. The Seller’s determination of the condition of the Goods shall be final and conclusive. If upon inspection the Seller finds that such Goods have a Defect, then the Seller shall notify the Customer in writing that it shall refund the Customer for the relevant Goods and within one (1) month of such notice the Seller shall transfer the refund to the Customer which will be credited on the credit card or on the bank account used for the original purchase.
- Seller's liability
7.1 The Seller guarantees the conformity of the Goods insofar as such guarantees are required under the laws of Malaysia. With regards to the Goods belonging to the "Still Novo®" line of products, the Seller states that said goods comply with the rules in force in the year of production of the machine, irrespective of the date of its re-marketing as used product.
7.2 The handbook and/or the installation guide related to the Goods will be supplied in electronic form only. The Customer may also request, free of charge, for a paper copy of the handbook, by sending a request to the Seller's customer service at the following address: Customer Service – SE Active Sdn. Bhd./Technogym Malaysia, 69, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur.
7.3 The Customer represents and guarantees that the site where the installation of the Goods shall be made is safe for the installation of the Goods and will not cause or lead to any kind of health or safety risks for the personnel involved in the installation.
7.4 The Customer shall hold harmless the Seller in respect of any kind of liability related to any damage to property and/or person that may arise in connection with the installation of the Goods, except in cases of willful misconduct or gross negligence attributable to the Seller or any of its workers or subcontractors.
7.5 The Seller shall not be liable for any damage to property and/or physical or mental injury to person arising from:
(a) the use of Goods in a manner which is not in accordance with the instructions specified in the handbook or in any other document or warning associated with the Goods;
(b) the use of Goods fixed on/to the ground, wall or ceiling in a way which is not in accordance with the provisions of the handbook or other document or warning associated with the Goods; or
(c) the delivery and/or installation and/or performance of any other service described in the Order Confirmation which is performed by persons not authorized by the Seller
and the Customer shall indemnify the Seller against any claim arising from such Non-Compliance.
7.6 The Seller shall not be liable for any damage arising from the use of the Goods by any person due to the health conditions or physical conditions of such person (“Use by Persons with Health Risks”), being an obligation of the user of the Goods to verify in advance the compatibility between his/her health status and the use of the Goods. and the Customer shall indemnify the Seller against any claim arising from such Use by Persons with Health Risks. The Seller expressly encourages any user of the Goods to carefully read the handbook and other documents and warnings associated with the Goods before using the Goods and to comply with the instructions and safety rules described in the handbook or other document or warning associated with the Goods. The Customer shall ensure that any user of the Goods shall carefully read the handbook or other document or warning associated with the Goods before using the Goods and to comply with the instructions and safety rules described in the handbook or other document or warning associated with the Goods.
7.7 Any personal training services provided by the Seller shall be provided subject to taking into consideration the psychological and physical conditions indicated from time to time by the Customer and/or by the final user of such services. The Customer shall ensure that the health status of the Customer and/or of the final user of the personal training services shall be verified by a doctor chosen by the Customer and/or final user of the personal training services. Therefore, the Customer undertakes to provide and assess in advance, as well as to ensure that the final users of the personal training services also provide in advance a medical certificate assessing their good health status valid for the current year, and shall hold harmless the Seller from any kind of liability for any damage arising or related to his/her health status and/or to the health status of the final user. The Seller may suspend the supply of personal training services in the event the health conditions of the Customer and/or the final users of the personal training services are not compatible with the physical activity required or where the Customer or the final user have not notified the Seller of their health status or updated health status, as the case may be.
7.8 The Seller shall not be liable in relation to the verification of the health status of the abovementioned individuals in Clauses 7.6 and 7.7.
7.9 The Seller shall not be liable for any indirect or consequential damage or loss that may be caused to any property or person by the Goods.
- Privacy and data processing
8.1 The policy on personal data processing employed by the Seller is available on the website https://www.technogym.com/my/privacy-policy/ at the following link: [ Privacy. ]
8.3 Goods which require an internet connection will automatically transmit operating data to a database managed by the Seller through the use of a software system for Equipment Asset Management (EAM). The EAM is a system for the collection and data processing (which does not allow the direct identification of an individual and yet is connected to the person who has purchased the Goods) which is required to:
(a) enable technical support, updates and remote diagnostics;
(b) simplify the personalization process and therefore reduce the time and cost of installations in the interest of the Customer; and
(c) estimate data usage in order to decide which functionalities to develop for new products.
The privacy notice in respect of the processing of personal data through the EAM system is available at the time of activation of the relevant service. The Customer may disable the functionality of the EAM system, as well as require additional information on said system, upon email request to the following address: email@example.com.
- Applicable law and jurisdiction
9.1 These General Conditions of Sales are governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the courts of Malaysia. The parties expressly exclude the application of the 1980 Vienna Convention on the international sale of goods.
The abovementioned is without prejudice to the right of the Seller to pursue remedies against the Customer before the Court of domicile of said Customer.
10.1 In order to obtain further information and/or to submit a complaint, the Customer may send an email to the following address: firstname.lastname@example.org or the following telephone number of the Seller: +603 22023500. As an alternative, the Customer may send a communication by ordinary post to the following address: SE Active Sdn. Bhd./Technogym Malaysia, 69, Jalan Ara, Bangsar Baru, 59100 Kuala Lumpur.