GENERAL CONDITIONS OF SALES

1. GENERALITIES

Unless stipulated otherwise, explicit and prior, all our sales are subject to our general conditions of sale set out below. The buyer is supposed to have read and accepted all its clauses. The present general conditions must be signed by the buyer.

The buyer is informed of the characteristics of our products in our website www.occasion-fitness.fr. It is expressly stated that the minor variations between the delivered goods and the products represented in the photos of the website do not affect the validity of the consent of the buyer and therefore the validity of the sale made regarding an order placed in accordance with the provisions below.

2. PRICE AND PAYMENT

Our prices are in Euros excluding taxes, departing from our warehouse in France. Our prices are those in effect at the date of issue of the quote. Our prices can be reviewed in accordance with the applying legislation. We expressly reserve the right to update our prices for any order placed beyond the period of validity of the quotation, or if the goods are not removed within a period of 30 (thirty) days from the intended date of delivery.

The price is payable in accordance with the following conditions: 50% deposit at the order by cheque or bank transfer, the balance on delivery by cheque, to the order of GYMWORKS, handed over to the carrier/deliveryman. In case of default of payment at delivery, GYMWORKS may suspend the delivery of any order in progress or refuse any new order, the buyer may not rely on an unjustified sell refusal, or claim any compensation from this fact.

In case of a partial delivery requested by the customer, the buyer will have to make the payment of the goods actually delivered in addition to the deposit already paid, and shall in no case report that payment to the date of delivery of the balance of the order.

A failure to pay an invoice at maturity makes it immediately payable. Moratory interest accrues rightfully at a fixed rate of 1.50% per month of delay, until full payment of the due sums. At a default of payment on the due date, the buyer must pay a flat fee of 20% of the principal due amounts in addition to the price. This penalty clause will remain definitively acquired to the creditor unless justified any prejudice by him.

3. ORDER

Orders are placed on the basis of a quote previously issued by GYMWORKS. Quotations are valid 30 (thirty) days from the date of their issuance. To order, the purchaser shall, within the said period of validity of the corresponding quote, return to GYMWORKS the quote dated and signed with the handwritten mention 'good for agreement", a deposit of 50% of the total price including VAT and the present general conditions of sales signed.

As soon as the quote signed by the buyer is sent, the order wears a firm and definitive character. In the event of a return of quote after its expiration date (the date of the postmark will prevail), we reserve the right to refuse the order and issue a new quote.

4. DELIVERY, TRANSPORT AND INSTALLATION

Transport is not included in the price of the products. The goods travel at the risk and peril of the recipient. Unless otherwise stipulated, the transport is organized by GYMWORKS. With the exception of deliveries including installation, any delivery means on the ground floor of buildings, in places accessible by transport vehicles and on the same level. Delivery times are given as an indication, any delay in the execution of the order may not give right to the buyer to cancel the order, to refuse the goods or to claim damages. In General, the merchandise is made available under 60 (sixty) days.

In case of a delivery with installation, the date and time of actual delivery and installation will be fixed to a mutual agreement between the buyer and our technicians, who will make contact by phone or email with the buyer to arrange the delivery appointment.

The buyer shall, at reception, in the presence of the deliverymen, and before any use of the products, to conduct all necessary tests to detect any damage, missing, defects or non-conformity of the delivered products form his order. Notably, the buyer must check the state of the packaging, the number of packages and products in their quantities, their state and their characteristics. Under penalty of inadmissibility of the claim, the customer must carry the specific and motivated reserves in case of damage, missing on the delivery note.

In accordance with the provisions of the article L 133 - 3 of the Commercial Code, any product not having been subject of reservations by registered letter with acknowledgement of receipt, within three days of its delivery, to the carrier, a copy of which will be addressed by email to GYMWORKS at info@occasion-fitness.fr as soon as possible, will be considered as accepted by the customer. The buyer doesn't have the right to refuse, without cause, the delivery of a product or to proceed with the removal of a product within the time limits, in the event of product to remove from GYMWORKS warehouses. In case of unavailability of the ordered product, we reserve the right to deliver a product equivalent in quality and price, in accordance with the provisions of the article L 121-20-3 of the consumer Code.

In case the goods would return to us because of not being received, the corresponding costs will be charged to the buyer. Once 60 (sixty) days passed the date of delivery, if the material is not removed, GYMWORKS will keep payments made as a commitment.

Regarding deliveries out of metropolitan France, a quote will be established after order and presented to the buyer for approval.

5. CONTRACTUAL WARRANTY

Our products are guaranteed against all manufacturing defects for 2 (two) years from the date of delivery and for 12 (twelve) months from this date for refurbished products. This warranty does not include replacement of the consumables (such as, for example, cables, cushions and pads, saddles, rubber parts and plastics such as treadmill running belts).

The warranty is exclusively limited, to the choice of GYMWORKS, to the repair of the product with free of charge replacement of the defective parts or replacement of the product. Traded products are guaranteed for the remaining period. Labor and travel costs are included in the warranty in metropolitan France. In the case of products delivered and/or used outside of metropolitan France, labor, travel and delivery costs are the buyer’s responsibility.

The warranty does not apply in case of defects resulting from misuse of the product (including lack of maintenance) or usage not conform to the technical specifications or conditions of use in the user manual or on all media notices or attached to the product, product change or repairs made by the customer or a third party, accidents, falls, theft, water damage or natural disasters. Also, not covered by the warranty, damage from assembly errors, bad assembly or bad installation when the customer did it himself or instructed a third party to do it. The warranty does not apply to products intended for a home use if they are installed and/or used in a public place (hotel, gym...).

For any assistance regarding the warranty, the customer can contact GYMWORKS by e-mail: info@occasion-fitness.fr.

6. LEGAL GUARANTEE

In addition to the warranty described above, the products are guaranteed against any defects and hidden defects in accordance with the provisions of the Consumer Code and of the Civil Code.

Excerpts from the Consumer Code:

Art. L. 211-4. – The seller is required to deliver a good in accordance with the contract and is responsible for the defects existing at the time of issue. He also is responsible for the defects resulting from packaging, mounting or installation instructions when it has been his doing by contract or was carried out under his responsibility.

Art. L. 211-5. – To comply with the contract, the product must:

  1. Be specific to the use normally expected of a similar good and, if so:
    1. Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
    2. Present the qualities that a buyer can legitimately expect in regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
  2. Or have the features defined by a common agreement of the parties or be clean for any special use sought by the buyer, to the acknowledgement of the seller and which he has accepted.

Art. L. 211-12. – The action resulting from the lack of conformity is prescribed by two years from the delivery of the product.

Excerpts of the Civil Code:

Art. 1641: The seller is bound to the warranty for hidden defects of the sold thing which render it unfit for the use for which it is intended, or which so impair the purpose, that the buyer would not have bought it, or would have given that a lower price If he had known.

Art. 1648: The action resulting from redhibitory vices must be brought by the purchaser within a period of two years from the discovery of the defect.

7. WITHDRAWAL

The buyer has a withdrawal period of 7 (seven) days from the date of delivery of the product or the date of the conclusion of the contract, if it comes to services, allowing him to withdraw without any reason or having to pay penalties. When the period of 7 (seven) days expires on a Saturday, a Sunday or a public holiday, it is extended until the first following working day. The right of withdrawal benefits only to the buying customer in the sense of regulation, i.e. natural persons having acquired the products for the satisfaction of personal needs or those of their families.

The right of withdrawal is exercised by sending, within the above-mentioned period (of 7 (seven) clear days), a registered letter with advice of receipt to the following address: GYMWORKS, 68 bis, Boulevard Pereire, 75017 Paris, France, or an email to the address Info@occasion-fitness.fr recalling the references of the order (number of quote).

The customer shall, at his own expense, return the product, within a maximum period of 20 (twenty) working days following the delivery, in perfect condition, in its original packaging if supplied, with all its accessories, to the address chosen by GYMWORKS. GYMWORKS shall make a refund of the price within the time allowed by law: at the latest 30 (thirty) days from the date on which the right of withdrawal has been exercised. Notwithstanding the above provisions, the expenses of return resulting from the exercise of the right of withdrawal are charged to GYMWORKS in case of delivery of a substitute product in accordance with the provisions of the article L 121-20-3 of the Consumer Code.

8. RESPONSABILITY

GYMWORKS accepts no liability for any damage caused to goods or persons resulting from a use of the product not in conformity with the indications reported in the user manual and on all media or notices attached to the product.

GYMWORKS also declines any responsibility for damages related to the use of the product by persons not having the required physical conditions. The user shall check the compatibility of the use of the product before use, and to scrupulously comply with the recommendations and specifications for the use of the product and the security rules described.

9. USER MANUALS AND NOTICES

User manuals (and notices if applicable) of the products are issued on request of the buyer by e-mail to info@occasion-fitness.fr.

10. RETENTION OF TITLE

Transfer of ownership is subject to full payment of the price by the buyer, interests and accessories included. Payment is deemed made at the actual receipt of the price. Until full payment of the products, the buyer shall expressly refrain pawning them, or use them as collateral. In case of damage, destruction or loss of the unpaid products, GYMWORKS will be the right owner of compensation from the insurance, subrogated from the rights of the buyer.

In case the full payment would not take place on the date set by the parties, the seller, in accordance with the provisions of May 12, 1980, reserves the right to take back the delivered thing and solve the contract.

However, it is expressly stated that the buyer will be responsible for the material deposited in his hands from the physical delivery, transfer of possession resulting in risk transfer.

11. PERSONAL DATA

Personal data about the buyer, gathered during an order are being processed by computer and are required to process the order and, unless opposition, to later send information or offers on the products and services of GYMWORKS and/or on the products and services of the partners of GYMWORKS. They may also be communicated to external contractors in charge of the execution of the order (including deliverymen).

According to computing and freedoms law dated January 6, 1978, the buyer has a right of access, correction, modification and suppression concerning the data which concern him. He exercises this right by sending a mail to the following address: GYMWORKS, 68 Bis Boulevard Pereire, 75017 Paris, France.

12. APPLICABLE LAW

The present contract is subject to French law. Any dispute as to the validity, interpretation or execution of this contract will be subject to the exclusive jurisdiction of the courts of the jurisdiction of the domicile of the defendant. GYMWORKS, however, reserves the option to enter any other competent court.