II. Conditions for using the Online Store
- The contractual proposal contained in GYMNOS Online Store is addressed to individuals and companies, and only to persons of legal age.
- The user must be at least 18 (eighteen) years old, and/or with full legal and contractual capacity and, therefore, can create an online account and make purchases on GYMNOS website, being responsible for the commitments and obligations resulting from buy and sell.
- The user must use GYMNOS website in compliance with the provisions of the applicable legislation.
- In case of a violation of these General Terms and Conditions, GYMNOS reserves the right to exercise any and all legal actions provided for.
- In addition, GYMNOS reserves the right, at its discretion, to terminate the access or use of the Online Store, with or without notification from the user.
- The purchase of any good or article on the GYMNOS website presupposes the acceptance of these general information, terms and conditions.
- GYMNOS and the Client agree that their relations will be governed exclusively by the General Terms and Conditions described here.
III. Alteration of the GYMNOS website and current General Terms and Conditions
- GYMNOS reserves the right to adapt, change, modify and update, at any time, without prior notice, the presentation and content of its website, its goods and services, and these General Terms and Conditions, with the exception of acquired rights in contracts already concluded and in execution.
- In each Customer order, will be applied the General Terms and Conditions that are in force on the day on which the order is placed.
- In case of omission, is applicable the current legislation regarding distance sales, and in its absence, are applied the customs and practices in force in the specific field of activity.
IV. Product and Price Information
The Client now accepts and expressly acknowledges that:
- The images of the articles presented in the GYMNOS online store are for illustrative purposes only, and the Client must read the information regarding the characteristics of the articles, and, in case of doubt, contact GYMNOS or go to the physical store in order to obtain any additional information or details;
- GYMNOS will make every reasonable effort to include accurate and up-to-date information about its products available on its website, which are shared by its suppliers or third parties;
- GYMNOS informs the customer, in a clear and express way, the total price of each good and / or article, as well as the fees and taxes due, additional transport charges, postal or delivery charges, or any other charges that may be applicable;
- The total price of each item and / or item, indicated in the online store, is completely independent of the possible price fluctuation practiced by GYMNOS in its physical store;
- The ordered items are subject to the available stock limits;
- Information about the availability of the articles is presented at the time of ordering;
- In case the items are not available between the time of order confirmation and the time of final validation, GYMNOS undertakes to inform the Customer, by email or by telephone, in view of a new delivery schedule as soon as the articles are available, or to refund the amount already paid for them, within a maximum period of 30 (thirty) days from the date of knowledge of that unavailability.
V. Purchase Conditions in the Online Store
- Through the GYMNOS website, the Customer must register and create an account, in which he must indicate:
- Full name or company name of the Client to appear on the invoice;
- Address of the Client to appear on the invoice;
- Customer's contacts and email address;
- Customer's Taxpayer Identification Number (TIN) to be included in the invoice;
- Full address of the delivery location;
- Telephone contacts and e-mail addresses of the customer's legal representative, and responsible for receiving the order, at the place of delivery.
- The Customer guarantees the veracity and accuracy of the data provided when purchasing the items, being responsible for the losses caused to GYMNOS resulting from any the incorrectness.
- The Client undertakes to inform GYMNOS, in writing, of any change in the personal data provided, that occurs during the term of this contract.
- The Customer undertakes to check carefully the data contained in the summary of his order, confirming the items and services selected in the shopping cart, the personal and billing data, so he must return to the previous steps to proceed with the respective rectification if he detects any non-compliance.
- The Customer must select the payment method, from those available from GYMNOS, for your convenience.
- After completing the previous steps, the Customer will have the possibility to CONFIRM THE ORDER.
- GYMNOS will acknowledge receipt of the order by email sent to the email provided by the Customer.
- Once payment has been confirmed by GYMNOS, the respective invoice will be sent during the shipment, collection/delivery of the purchased items.
VI. Payment options
For the convenience of the Client, GYMNOS offers the following means of payment for articles and products:
- BANK TRANSFER
- The Customer must send to GYMNOS, the relevant proof of payment by email, within a maximum period of 3 working days;
- After payment confirmation, the order will be processed, and in case of non-confirmation, the order will be cancelled;
- In case of refunds for items not picked up or returned, items sold out or cancelled and in case of order annulation, refund will be made by bank transfer.
- The value of the order will be discounted at the finalization of the order;
- In case of refunds for items not picked up or returned, items sold out or cancelled and in case of order annulation, refund will be made through the Customer's PayPal account.
VII. Shipping and delivery costs
- Additional charges are due for shipping, transportation and delivery of the purchased item on GYMNOS website, which add to the total price of the selected item.
- The Customer will be informed by Gymnos of these charges, as well as the total price.
- GYMNOS reserves the right to change the prices of these charges at any time, without prejudice to apply the rates and prices contracted at the time of placing the purchase order.
VIII. Fees and taxes
- The indicated sales prices to the public, on GYMNOS website, are presented in euros.
- VAT and other taxes or fees, possibly due, are included in all prices.
IX. Process of the order
- The order will only be processed after confirmation of the respective payment.
- GYMNOS sends the articles sold and advertised on its website to all continents, reserving the right not to send them, given their size, weight, and whose shipping and/or transportation costs are very high. In this case, Gymnos will immediately notify the customer and the order will be cancelled.
X. Delivery of the order
- The Client undertakes to appear at the location, on the date agreed with the delivery services for the reception of the goods.
- When the Client is absent from the agreed place, he must contact Gymnos to schedule a new delivery date.
- If it is not possible to proceed with the delivery of the goods, under the responsibility of the Customer, in case there are expenses related to the second delivery, these will be borne by the customer.
- If the Client does not schedule a new delivery, GYMNOS has the right to terminate the contract, communicating to the Client the resolution and refunding the value of the purchased goods, deducting the shipping and transportation costs.
- Scheduling a new delivery date is subject to the availability of the delivery service.
- The Customer is responsible for the correct filling of the personal data contained in the contract (name, surname, mobile number, e-mail, address, taxpayer number, as well as place of delivery and/or assembly/installation, date and time of delivery and/or assembly/installation).
- If it is necessary to make a second delivery due to any error or inaccuracy of the personal data provided by the Customer, the cost of trasnport must be borne by the Customer, without being refunded the amount already paid for the first delivery and/or assembly/installation.
- GYMNOS will not reimburse the customer for any costs incurred, related to delivery of services, which were not carried out for reasons attributable to the client.
- The above provisions are applicable to any situation of impossibility attributable to the Client, such as, for example, among others, the impossibility of entering the goods on the site.
- The Customer, or his representative, must check the condition of the items at the time of delivery.
- The Customer expressly accepts and acknowledges that he must inform, if it is necessary to use lifting means to place the items at the unloading site.
- If the Client does not accept the budget presented for the use of lifting means and / or if the delivery of the items cannot be made for this reason, the Client will have to:
- confirm that he wants the items to be left outside the address indicated for delivery, considering then the contract fully fulfilled by GYMNOS;
- confirm that he intends to terminate the purchase and sales contract, in which case the Customer agrees to be responsible for the payment of all transportation charges for collecting the items between the delivery address and the original warehouse, according to the transportation tariff on the date in force. In this case, the Client accepts and acknowledges that GYMNOS will reimburse the items, less the amount of the referred collection transportation charges, within a maximum period of 14 (fourteen) days from that date, nothing more being due by GYMNOS.
- Please note that the use of lifting means, extra helpers, team hours or any other necessary extra resources, are not included in the transport tariff and will be subject to a variable quote from case to case.
- The Client must also inform GYMNOS of the existence of any other obstacle that prevents or hinders delivery at the indicated location (such as small doors, narrow stairs, the absence or insufficiency of elevators, pedestrian streets, restricted time zones, the absence of electricity, among others). The provision of this information in an exact manner, by the Client, is essential for GYMNOS to verify the possibility of executing the Service.
- The Customer accepts and acknowledges that delivery is subject to limitations for noisy activities, namely after 8 pm, Saturdays, Sundays and holidays, pursuant to Decree-Law 9/2007, of 17 January, as amended given by Decree-Law no. 80/2015, of 14 May. The Client undertakes to inform GYMNOS of the existence of any local holidays that prevent delivery on that date.
XI. Verification of the order
- Upon receipt of the goods, the Customer, or his representative, must immediately check the condition of the package.
- It is assumed that the order was delivered to the Customer in good condition, unless the customer indicates, upon receipt, any damage or incidence to the delivery services.
- Delivery services will only accept claims for damage, if the original package of the order is available to them, so it is important that the Customer keeps the package.
- At the delivery time, the Customer must check all the goods contained in the package, the correspondence between the references of the purchased items and the references of the delivered items, the quantity and their condition.
- In case of detecting defects or damages of the items and/or if the items do not match with the order, the Customer must identify the damages or defects and contact GYMNOS within 2 (two) days after the delivery date.
XII. Right of Free Resolution - Returns Policy
- In accordance with the provisions of article 10 of Decree-Law no. 24/2014, of 14 February, in its updated version, the Client has the right of withdrawal, which can be exercised, without needing to indicate the reason, up to 14 (fourteen) days after the date of delivery of the articles.
- In this case, the Customer agrees to be responsible for the payment of all transportation charges for the collection of the items between the delivery address to GYMNOS, according to the transportation tariff at the date in force, or for all charges for shipping the return items himself.
- In order to exercise this right, the Client must unequivocally declare that he intends to terminate the contract, namely by letter, email, telephone contact, by the return of the asset or by another means susceptible of proof, and must return the article, under the same conditions as it was sold and shipped, without any signs of misuse, in the original packaging, and in good condition, instruction manual and accompanied by all its accessories.
- In case the Customer purchases several items as part of a campaign,such as “Pay one and take two” or “Pay two and take three”, the right of withdrawal must be exercised for all goods ordered. In these cases, GYMNOS will not accept the partial return of the order.
- In this case of exercising the contract's free termination, the Client accepts and acknowledges that GYMNOS will reimburse the total value of the items and delivery costs, within a maximum period of 14 (fourteen) days from that date, nothing more being due by GYMNOS.
- The refund of payments will be made using the same payment method that was used by the Customer in the initial transaction, unless otherwise agreed and provided that the consumer will not incur any costs as a result of the refund.
- GYMNOS can withhold the refund until the item is received or until the Customer has provided proof of the item's return.
- Legal Exclusions to the Right of Resolution:
Without prejudice to the above, the following contracts are excluded from the Right of Free Termination:
- Supply of goods made according to the Client's specifications or clearly customized;
- Supply of goods that, by their nature, cannot be resent or are liable to deteriorate or become quickly out of date;
- Supply of sealed goods that cannot be returned, for reasons of health protection or hygiene when opened after delivery;
- Supply of goods that, after delivery and by nature, are inseparably mixed with other products.
- Items purchased through the GYMNOS Online Store may be returned and exchanged by the Customer, within a maximum period of 14 (fourteen) days, after their receipt, and if it occurs:
Defect or Incorrect Size - the Customer must immediately notify GYMNOS, by email, presenting proof of purchase, and in the case of defect, attach several photos of the item, in order to provide replacement. The items must be returned in the original packaging and the shipping costs are borne by the Customer.
- They are not considered manufacturing defects, the consumable or quick wear goods, such as, for example, gym shoes, half shoes, grips, leotards, pedestal blocks, Rhythmic Gymnastics apparatuses and various accessories, which present a wear and tear from normal use, that comes from practice of gymnastics in the different disciplines.
- With the exchange, GYMNOS is committed to send new products, and the expenses will be its responsibility, with the exception of countries outside Portugal. The re-shipping cost of exchanged products sent to countries outside Portugal, must be equally borne by the Customer.
- If there are no similar items in stock, the Customer will have the right to exchange for another product of equal or greater value, thus paying the difference, or to wait until the product is available in stock.
- Gymnos cannot be held responsible in case a computer, manual or technical error, or any other source, causes a substantial change not foreseen, in the retail price on the GYMNOS website.
- In case of error, the purchase order will be considered invalid and cancelled and the Customer will be informed of this fact.
- Under the terms and for the purposes of the article 33, paragraph 2, subparagraphs a), b) and c) of Decree-Law no. 7/2004, of January 7, are excluded possible programming errors, malfunctions of the computer system (machine) or deformation of the message (including lapses in writing).
- Pursuant to the Legal Regime for the Sale and Guarantee of Consumer Goods (Decree-Law No. 67/2003, of 8 April, in its updated version), GYMNOS is responsible for any non-conformity that occurs when delivering the product, and that manifests itself within a period of 2 (two) years from the date of delivery, provided that it is communicated to GYMNOS within a maximum period of 2 (two) months, from the date on which the Client has detected it.
- In the case of used goods, the guarantee lasts 1 (one) year after the delivery of the goods.
- The guarantee for Gymnos' products from suppliers in foreign countries, will be in accordance with the guarantee legally established in those countries.
- The validity of the guarantee is subject to the correct use of the products and to the compliance with the rules of use and maintenance.
- Defects caused by improper handling, use of force, excessive load, dirt or moisture are not covered by the guarantee.
- The practice of sports on carpets not approved by FIG, affects the guarantee of products from the first use.
- In the specific case of the RG Clubs, the guarantee expires, as soon as the gymnast puts adhesive tape on the club's grip, compromising in this way its elasticity.
- Concerning the goods of a consumable nature or rapid wear, such as, for example, gym shoes, half shoes, grips, leotards, pedestal blocks, Rhythmic Gymnastics apparatuses and various accessories, normal aesthetic and physical wear due to use, does not imply guarantee.
- GYMNOS is not responsible for damages resulting from computer viruses, network problems or internet provision, information provided by suppliers or any other situations, which are unknown and prevent access and correct functioning of the website GYMNOS, as well as the services available there.
XVII. Policy and Treatment of Personal Data
- The processing of personal data carried out by GYMNOS complies with the current legislation for data protection, namely Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 related to the protection of individuals concerning the processing of personal data and their free circlation (“General Regulation of Data Protection") and other applicable community and national legislation.
- GYMNOS is the entity responsible for processing the personal data of its Customers, whose legal basis for processing, is the execution of the distance purchase and sales contract.
- GYMNOS applies the appropriate technical and organizational measures of security, necessary to ensure information safety. However, it is known to the Customer, that the use of the Online Store may not be 100% secure, so there is a possibility that the information sent/received may be intercepted by unauthorized parties and entities, and this cannot be attributed to GYMNOS .
XVIII. Applicable legislation
- These general terms and conditions, as well as all contracts that may be signed under them, are governed by the Portuguese law.
XIX. Alternative Dispute Resolution
- GYMNOS is a member of the Consumer and Arbitration Information Centre of Porto (Portugal) - Law No. 144/2015 of 8th September.