1. Introduction

– In accordance with and for the purposes of Decree-Law No. 24/2014, of February 14, in its consolidated version, this document establishes information related to the use of the Online Store, on the website www.gymnos.pt, of GYMNOS – MANUEL PASTOR COSTA & MARTHA Lda, legal entity with number 514742887, with headquarters at Vereda do Pereirinho nº 61, Gulpilhares, 4405-688 Vila Nova de Gaia, Porto, Portugal, telephone 919000620 (call to national mobile network), email info@gymnos.pt, establishing the General Terms and Conditions for the purchase and sale of goods and articles advertised on that site.

2. Conditions of Use of the Online Store

– The contractual proposal contained in the GYMNOS Online Store is addressed to natural and legal persons, and only to adults.

– The user must be at least 18 (eighteen) years old, and/or have full legal and contractual capacity and, therefore, be able to create an online account and make purchases on the GYMNOS website, being responsible for the commitments and obligations resulting from the purchase and sale.

– The user must use the GYMNOS website in compliance with applicable legislation.

– In case of violation of these General Terms and Conditions, GYMNOS reserves the right to take any legally provided action.

– In addition, GYMNOS reserves the right to, at its discretion, terminate access or use of the Online Store, with or without notification to the user.

– The use of the Online Store grants the status of Customer and implies the full and unreserved acceptance of all provisions included in the General Terms and Conditions as well as in the Privacy Policy, in force each time the Online Store is accessed.

– The purchase of any good or article on the GYMNOS website implies the acceptance of this information, general terms and conditions.

– GYMNOS and the Customer agree that their relations will be regulated exclusively by the General Terms and Conditions described herein.

3. Changes to the GYMNOS website and these General Terms and Conditions

– GYMNOS reserves the right to adapt, alter, 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, safeguarding acquired rights regarding contracts already concluded and in execution.

– For each Customer order, the General Terms and Conditions in force on the day the said order is placed will apply.

– In omitted cases, the legislation in force regarding distance selling applies, and in its absence, the uses and customs in force in that sector of activity.

4. Information about Products and Prices

The Customer hereby expressly accepts and acknowledges that:

– The images of the articles presented in the GYMNOS Online Store are merely illustrative, and the Customer must carefully and completely read the information about the essential characteristics of the articles, being able, in case of doubt, to contact GYMNOS or go to the physical store, in order to obtain any additional information or details;

– GYMNOS will make all reasonable efforts to include accurate and updated information about its products available on its website, shared by its suppliers or by third parties;

– GYMNOS clearly and expressly informs the customer of the total price of each good and/or article, as well as the applicable fees and taxes, supplementary transport charges, postal or delivery expenses, or any other applicable charges;

– The total price of each good and/or article, indicated in the Online Store, is completely independent of any price fluctuations practiced by GYMNOS in its physical store;

– Ordered articles are subject to available stock limits;

– Information on article availability is presented at the time of order;

– In the event that articles become unavailable between the time of order confirmation and definitive validation, GYMNOS undertakes to inform the Customer as soon as possible, by email or telephone, with a view to rescheduling delivery, as soon as the articles are available, or refunding any amount already paid for them, within a maximum period of 30 (thirty) days from the date of knowledge of that unavailability.

5. Purchase Conditions in the Online Store

– Through the GYMNOS website, the Customer must register and create an account, if desired, in which they must indicate:

– Full name or company name of the Customer to appear on the invoice;

– Customer's address to appear on the invoice;

– Customer's telephone number and email address;

– Customer's NIF/NIPC to appear on the invoice;

– Full address of the delivery location;

– Telephone number and email address of the customer's legal representative, and responsible for receiving the order at the delivery location.

– The Customer guarantees the veracity and accuracy of the data provided when purchasing the articles, being responsible for any damages caused to GYMNOS resulting from their inaccuracy.

– The Customer undertakes to communicate, in writing, to GYMNOS any alteration of the personal data provided that occurs during the term of this contract.

– The Customer undertakes to carefully check the data contained in their order summary, confirming the articles and services selected in the shopping cart, Customer data, and billing data, and must at that moment go back to the previous steps in order to rectify any discrepancy detected.

– The Customer must select the payment method and mode, among those made available by GYMNOS, for their convenience.

– After completing the previous steps, the Customer will have the option to COMPLETE THE PURCHASE.

– GYMNOS will acknowledge receipt of the order by email sent to the email provided by the Customer.

– Once payment is confirmed by GYMNOS, the respective invoice will be sent upon dispatch, collection/delivery of the purchased articles.

6. Payment Methods

For the Customer's convenience, GYMNOS provides the following payment methods for articles and products:

a) BANK TRANSFER

– The Customer must send GYMNOS the competent proof of payment by email, within a maximum of 3 days;

– After payment confirmation, the order will be processed, and in case of non-confirmation, the order will be cancelled;

– In situations of refund for uncollected articles or returns, for out-of-stock or cancelled articles, and for cancelled orders, the refund will be made via bank transfer.

b) PAYMENT OF SERVICES AT MULTIBANCO (only for Portuguese bank customers)

– The Customer must make the payment within a maximum of 3 days;

– After payment confirmation, the order will be processed, and in case of non-confirmation, the order will be cancelled;

– In situations of refund for uncollected articles or returns, for out-of-stock or cancelled articles, and for cancelled orders, the refund will be made via bank transfer.

c) MBWAY (only for customers residing in Portugal)

– The Customer must make the payment within a maximum of 3 days;

– After payment confirmation, the order will be processed, and in case of non-confirmation, the order will be cancelled;

– In situations of refund for uncollected articles or returns, for out-of-stock or cancelled articles, and for cancelled orders, the refund will be made via bank transfer.

d) CREDIT CARD

– The order value will be deducted at the end of the order;

– In situations of refund for uncollected articles or returns, for out-of-stock or cancelled articles, and for cancelled orders, the refund will be made via bank transfer.

7. Shipping Costs and Delivery

– Supplementary charges for shipping, transportation, and delivery of the purchased item on the GYMNOS website are due and added 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 applying the rates and prices agreed upon at the time of placing the purchase order.

8. Fees and Taxes

– The public sale prices indicated on the GYMNOS website are presented in euros.

– VAT, other taxes or fees, possibly due, are included in all prices.

9. Order Processing

– The order will only be processed after confirmation of the respective payment.

– GYMNOS ships the articles it sells and advertises on its website to all continents, reserving the right not to ship them, depending on their size, weight, and if shipping and/or transport costs are very high. In this case, Gymnos will immediately notify the customer and the order will be cancelled.

10. Order Delivery

– The Customer undertakes to be present at the location, on the agreed date with the delivery services for receiving the goods.

– If the Customer is absent from the agreed location, they should contact Gymnos to schedule a new delivery date.

– If it is not possible to deliver the goods due to the Customer's responsibility, any costs related to second deliveries will be borne by the said customer.

– If the Customer does not schedule a new delivery, GYMNOS has the right to terminate the Contract, communicating the termination to the Customer and refunding the value of the purchased goods, deducting from this amount the shipping and transport costs.

– Scheduling a new delivery date is subject to the availability of the delivery service.

– The Customer is responsible for correctly filling in the personal data in the contract (name, surname, mobile phone, email, address, taxpayer number, as well as delivery and/or assembly/installation location, date and time of delivery and/or assembly/installation).

– If a second delivery is necessary due to any error or inaccuracy in the personal data provided by the Customer, the cost of the same shall be borne by the Customer, and the amount already paid for the first delivery and/or assembly/installation will not be refunded.

– GYMNOS will not refund the customer for costs incurred by them, related to delivery services, which were not carried out due to reasons attributable to the customer.

– The above applies to any situation of impossibility attributable to the Customer, such as, for example, among others, the impossibility of entering the goods at the location.

– The Customer, or their representative, must check the condition of the articles at the time of delivery.

– The Customer expressly accepts and acknowledges that they must inform if it is necessary to use lifting equipment to place the articles at the unloading site.

– If the budget presented for the use of lifting equipment is not accepted by the Customer and/or if the delivery of the articles cannot be carried out for this reason, the Customer will have to:

• confirm that they want the articles to be left outside the address indicated for delivery, in which case the contract will be considered fully fulfilled by GYMNOS;

or

• confirm that they wish to terminate the purchase and sale contract, in which case the Customer agrees to be responsible for the payment of all transport charges for collecting the articles between the delivery address and the original warehouse, according to the transport tariff in force at the time. In this case, the Customer accepts and acknowledges that GYMNOS will refund the articles, deducting the value of the referred collection transport charges, within a maximum of 14 (fourteen) days from that date, with nothing further being due by GYMNOS, for whatever reason.

– It is further informed that the use of lifting equipment, extra helpers, team hours, or any other necessary extra resource are not included in the transport tariff and will be subject to a variable quote on a case-by-case basis.

– The Customer must also inform GYMNOS of the existence of any other obstacle that prevents or hinders delivery to the indicated location (such as small doors, narrow stairs, absence or insufficiency of elevators, pedestrian streets, restricted hours zones, absence of electricity, among others). The accurate provision of this information by the Customer is essential for GYMNOS to verify the possibility of performing the Service.

– The Customer accepts and acknowledges that delivery is subject to limitations for noisy activities, namely after 8 p.m., Saturdays, Sundays, and holidays, under the terms of Decree-Law 9/2007, of January 17, as amended by Decree-Law No. 80/2015, of May 14. The Customer undertakes to inform GYMNOS of the existence of any local holiday that prevents delivery on that date.

11. Order Verification

– Upon receipt of the goods, the Customer, or their representative, must immediately check the condition of the packaging.

– It is presumed that the order was delivered to the Customer in good condition, unless the customer notes, upon receipt of the same, any damage or incident to the delivery services.

– Delivery services will only accept claims for damage to the order if the original packaging of the order is provided to them, so it will be essential for the Customer to keep the packaging.

– At the time of delivery, the Customer must check all the merchandise packed in the packaging, the correspondence between the references of the purchased items and the references of the delivered items, the quantity and condition of the same.

– In case of detecting defects or damage to the items and/or if the items do not match their order, the Customer must identify the damage or defects and contact GYMNOS within 2 (two) days following the delivery date.

12. Right of Free Resolution – Returns Policy

– In accordance with Article 10 of Decree-Law No. 24/2014, of February 14, in its updated version, the Customer has the right of free resolution, which can be exercised, without needing to state the reason, up to 14 (fourteen) days after the delivery date of the articles.

– In this case, the Customer accepts responsibility for paying all transport costs for collecting the articles between the delivery address and GYMNOS, according to the transport tariff in force at the time, or all costs for sending the returned articles.

– To exercise this right, the Customer must unequivocally declare that they wish to terminate the contract, specifically by letter, email, phone contact, by returning the good, or by other verifiable means, and must return the complete article, in the same conditions in which it was sold and sent, without signs of improper use, in its original packaging, and in good condition, instruction manual, and accompanied by all its accessories.

– In the event that the Customer purchases several articles as part of a campaign offering one or more articles from the order, such as "Buy one get one free" or "Buy two get three", the right of free resolution must be exercised in relation to all ordered goods. In these cases, GYMNOS will not accept partial return of the order.

– In this case of exercising the free resolution of the contract, the Customer accepts and acknowledges that GYMNOS will refund the total value of the articles and delivery costs, within a maximum of 14 (fourteen) days from that date, with nothing further being due by GYMNOS, for whatever reason.

– The refund of payments will be made using the same payment method used by the Customer in the initial transaction, unless expressly agreed otherwise and provided that the consumer does not incur any costs as a consequence of the refund.

– GYMNOS may withhold the refund until the article is received or until the Customer provides proof of return of the article.

– Legal Exclusions to the Right of Free Resolution:

Without prejudice to the above, contracts for the following are excluded from the Right of Free Resolution of the Contract:

• Supply of goods manufactured according to the Customer's specifications or clearly personalized;
• Supply of goods that, by nature, cannot be reshipped or are liable to deteriorate or expire quickly;
• Supply of sealed goods unsuitable for return, for reasons of health protection or hygiene when unsealed after delivery;
• Supply of goods that, after delivery and by nature, become inseparably mixed with other products.

13. Exchanges

– Articles purchased through the GYMNOS Online Store may be exchanged by the Customer, within a maximum of 14 (fourteen) days, after receiving them, in case of manufacturing defect or incorrect size.

– In case of a manufacturing defect, the Customer must notify Gymnos in writing, attaching proof of purchase and detailed photographs of the problem, as soon as it is detected. After analysis, Gymnos will provide all necessary instructions for resolving the situation.

– Natural wear and tear of consumable or intensively used products, such as shoes, clothing, rhythmic gymnastics equipment, and various accessories, resulting from normal use in physical activity, are not considered manufacturing defects.

– Articles must be returned in the same conditions in which they were received, without signs of improper use, in their original packaging, and accompanied by all accessories.

– For exchanges due to reasons not related to manufacturing defects (such as size, color, or preference), return costs are borne by the Customer. After receiving and validating the returned item, Gymnos will proceed with sending the new item. For mainland Portugal, Gymnos bears the cost of re-shipping. For islands and other countries, re-shipping costs will be borne by the Customer.

– If the item for exchange is not available in stock, the customer has two options: choose another item of equal or greater value, paying the difference, or opt to wait for the initially ordered item to be restocked.

– In case of damages occurring during transport, the customer must immediately report the occurrence to the carrier and communicate it to Gymnos within a maximum of 2 days after receiving the order, so that the verification and resolution process can be initiated in a timely manner.

14. Errors

– Gymnos cannot be held responsible in the event of a computer, manual or technical error, or any other origin, that causes a substantial unforeseen alteration in the public sale price displayed on the GYMNOS website.

– In such a case of error, the purchase order will be considered invalid and cancelled, and the Customer will be informed of this fact.

– For the purposes and effects of article 33, no. 2, paragraphs a), b) and c) of Decree-Law no. 7/2004, of January 7, any programming errors, defects in the operation of the computer system (machine) or distortion of the message (including typographical errors) are therefore reserved.

15. Guarantees

– Pursuant to Decree-Law no. 84/2021, of October 18, which regulates consumer rights in the sale and purchase of goods, digital content and services, Gymnos is responsible for any lack of conformity of the goods, which becomes apparent within 3 years and which is considered to have existed at the time of delivery of the goods, if it becomes apparent during the first two years.

– In the case of used goods, and by agreement between the parties, the 3-year period may be reduced to 18 months. Except if the good is advertised as a refurbished good, in which case the mention of this quality in the respective invoice is mandatory, and the aforementioned 3-year period applies.

– The 3-year period is suspended from the moment of communication of the lack of conformity until the conformity is restored by Gymnos, and the consumer must, for this purpose, make the goods available to Gymnos without undue delay.

– The communication of the lack of conformity by the consumer must be made, namely, by letter, e-mail, or by any other verifiable means, within the warranty period of the good.

– The warranty for Gymnos articles originating from foreign suppliers will be in accordance with the legally established warranty in those countries.

– The validity of the warranty is subject to the correct use of the articles and compliance with the rules of use and maintenance.

– Defects caused by incorrect handling, use of force, excessive load, dirt or humidity, are not covered by the warranty.

– Sports practice on carpets not approved by the FIG voids the warranty of the products from the first use.

– In the specific case of clubs, the warranty expires from the moment the gymnast places adhesive tape on the grip of the club, thus impairing its elasticity.

– For consumable or fast-wearing goods, such as, for example, shoes, half shoes, hand grips, leotards, tracksuits, clothing in general, pedestal blocks, Rhythmic Gymnastics equipment and various accessories, normal aesthetic and physical wear and tear due to use does not imply a warranty.

16. Liability

– GYMNOS is not responsible for damages resulting from any computer viruses, network problems, or internet supply, information provided by suppliers or any other situations beyond its control that prevent access and correct functioning of the GYMNOS website, as well as the services provided therein.

17. Personal data policy and processing

– The processing of personal data carried out by GYMNOS complies with current data protection legislation, namely, Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("General Data Protection Regulation") and other applicable community and national legislation.

– GYMNOS is the entity responsible for processing the personal data of its Customers, the legal basis for processing being the execution of the distance sales contract.

– GYMNOS applies appropriate and necessary technical and organizational security measures to ensure information security. However, the Customer is aware that the use of the Online Store may not be 100% secure, and therefore, there is a possibility that information sent/received may be intercepted by unauthorized parties and entities, and this fact cannot be imputed to GYMNOS.

– For further and additional information, please consult our Privacy Policy.

18. Applicable Law

– These general terms and conditions, and all contracts that may be concluded under them, are governed by Portuguese law.

19. Alternative Dispute Resolution

– GYMNOS is a member company of the Porto Consumer Information and Arbitration Centre – Law no. 144/2015 of September 8.