Terms & Conditions
Article 1 – Service availability
Our website is only intended for use by people resident in Ireland (“Serviced Countries”). We do not accept orders from individuals outside this country.
By placing an order through our website, you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old; you are resident in one of the Serviced Countries, and you are accessing our site from that country.
Article 2 – Information about us
Operated by: Unit 7D, Gortnafleur Business Park, Clonmel, Co. Tipperary, E91 K3K8
Trading under name: gymgear.ie
Company Reg No. 640845
Vat Reg No. IE 3586693MH
Contact no: 087 4363999-052 6127645
Email: sales@gymgear.ie
Article 3 – Changes to the website
We reserve the right to make changes to these Terms from time to time. All changes will take effect as soon as they are posted on the website and will apply to all contracts for the purchase of products from that date. It is your responsibility as a visitor to the website to read the terms and conditions every time you use this website.
Any waiver of these terms and conditions can only be effective when written and signed by our authorized representative. In this case, the other provisions of these Terms remain fully remain intact.
Article 4 – Order Process
All Products are Available to order through our website www.gymgear.ie. Please contact us if you have specific requirements regarding order process,
sales@gymgear.ie
Article 5 – Confirmation of your order
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we dispatch the products to you. Before that time, we may notify you we do not accept the order, or you may cancel it.
All products that you order through the website will remain our property until we have received your payment in full for the ordered products.
Article 6 – Payment
We process the order as soon as we receive your payment. Once we have checked your card details and the current stock, the item is ready to be shipped off for delivery.
To ensure that your credit or debit card is not used without your permission, we will validate details provided during the order process (name, address and other personal information submitted by you) against appropriate third party databases. By agreeing to these Terms, you agree to these checks. This information is only used to check your identity. No credit checks are performed and this will not affect your credit rating. All information given by you will be treated in accordance with our privacy policy and the Data Protection Act 1998.
We take your payment controlled by a third party merchant service provider that is compliant in respect of the payment card industry data security standards (PCI DSS version 2).
Article 7 – Delivery
We make every effort to meet the delivery dates we promise. However, occasionally due to unforeseen factors, delays are inevitable. We shall not be held responsible for any delay or failure to deliver products within the estimated timescales if it is wholly or partly caused by circumstances that do not lie within our control. Delivery is available nationwide on all items listed on our website and is free on all orders over €150.
If no one is available at your residential or delivery address to accept the order, a note will be left to advise you of the current location of your order, which could be with your neighbour. Alternatively, your order may have been returned to one of the carrier’s depots, and the note will advise you of how you may take delivery of your order.
The risk of damage or loss of products remains our responsibility until the earlier of the date the product passes to you (having paid in full for the product) or the date the first delivery attempt was made.
Delivery refunds can only be made in accordance with your legal rights under the Consumer Protection Distance Selling Regulations 200 or other applicable legislation. Delivery is available to the ground floor only on all products. Please ensure adequate access is available for delivery vehicles for the delivery of large items which are delivered via Tail-lift and are kerbside delivery. Failed deliveries may result in a failed delivery charge. Please contact us prior to ordering if you have concerns regarding access to your location and we can advise regarding delivery. If your item arrives damaged or incorrectly please either do not accept it or report it immediately to customerservice@gymgear.ie. In the unlikely scenario that a parcel arrives damaged or incorrectly or you must report this to us within 24 hours by phone or by Email.
Article 8 – Accuracy of content
Except as set out below, the price you pay is the price that was displayed at the time we received your order, except in the case of error.
While we use our reasonable endeavours to ensure all prices on the website are accurate, errors sometimes are inevitable. If we discover an error in the price, we will contact you as soon as possible to give you the options of reconfirming with the actual price or cancelling your order. If we are unable to contact you, the order will automatically be cancelled. If you cancel but already have paid, we will refund you the full amount paid.
All prices are shown in Euro
All sizes, measurements and dimensions are approximate. We try to display them as accurately as possible, yet we can not guarantee they are absolutely correct.
We use our reasonable endeavours to display pictures of the products as close as possible to their actual representation.
Article 9 – Returns
Under the Consumer Protection Distance Selling regulations, you have the right to cancel your order within 14 days . This applies to products that are returned within the 30-day return policy and also applies to orders that have not yet been dispatched. When an item is cancelled and a refund requested bank charges levied on payment are non refundable. We do not Offer Returns or Refunds on Used or Refurbished equipment. These are sold as is and will be clearly identified as such in the Product description.
Please note that refunds will be issued to the original method of payment.
Returns must be shipped back to Gymgear Equipment, Unit 7D,Gortnafleur Business Park,Clonmel,E91-K3K8
You can return it by sending it through ordinary mail but We recommend you use a shipping method with tracking service so you can track your delivery, we credit goods when they arrive in our warehouse, not when they are sent.. In this case, the carriage cost will be payable by the customer. The carriage cost depends on the product and on its weight. For larger items that cannot be shipped we can arrange a collection with The costs are outlined as follows:
1.For products of between 30 and 50 kg: €70.
2.For products of more than 50 kg, the transport costs will be calculated on weight and dimensions of the product.
All shipping prices are plus vat @ 23%
Remember to protect the package so it is not damaged during transport and enclose a copy of the invoice.
The item MUST be returned unused and in its original packaging. Once the item is received, we will inspect it to make sure it has not been used and is in good condition and if requested a refund will be processed. If any item received when purchasing is found to be missing on inspection, you must pay for it in full.
Your invoice is your proof of purchase and has to be sent back to us together with the item.
No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective, and you are returning it for this reason. It’s recommended that your Home Gym Equipment is kept indoors, away from moisture and dust. For electrical/battery-operated machines, it is recommended that they are not stored or used in sheds/garages/covered patio areas or near water. Failure to do so may void the warranty with the manufacturer.
Please Note: Restocking fees are not applied when a product is returned due to a defect. In this case, you will receive a full refund of the price paid for the Products which will be processed in accordance with the Refunds section below and otherwise in accordance with your statutory rights. If you wish to cancel your order, you must inform us in writing by e-mail. The item must be returned to us in the original packaging and in the same condition in which you received them.
These Terms do not affect your other statutory rights as a consumer are not intended to be a full statement of your statutory rights. For more information on your right as a consumer under protection of the distance selling regulations, please contact your local authority, trading standards department or a consumer advice centre.
On rare occasions, it is possible that product specifications change. If this is the case, we will contact you as soon as we can to offer you an alternative similar to the original product. If you are unhappy or not satisfied with the substitute or replacement, please contact our customer service team by email at customerservice@gymgear.ie
When returning an item please return unused in the original packaging in accordance with our refunds policy in the Refunds section below.
If you believe that you have received defective, damaged or incorrect products, you must inform us within a reasonable amount of time. Please do not return the product to us in the first instance. Rather, we will contact you to discuss an appropriate remedy and may offer you (without limitation) a repair or replacement parts, a replacement product or a full refund. Where we offer you a refund, we will refund the price of a defective damaged or incorrect product in full, once the item or items are received in our warehouse in the original Packaging as you received them.
Article 10 – Refunds
If you cancel an order pursuant to in accordance with the Cancellations section above, we will refund any money paid by you after the ordered products have been returned to us. The item must be returned to us in the original packaging and in the same condition in which you received them. The refund will be made to the card account you used while paying for the order and, as mentioned above, is subject to the regulations set for goods damaged on return or for which we arranged the collection.
Article 11 – Legal guarantee
We warrant that any product purchased from us through our website is in conformity with the relevant contract of sale during a minimum of one year from delivery of the product. Conformity with the contract of sale means that the products comply with the description on our website, are fit for the purposes for which products of the same type are normally used and show the quality and performance which are normal in products of the same type and which can be reasonably expected. This legal guarantee also covers damage which may occur during shipping.
In case of a lack of conformity, you are entitled to have the products brought into conformity free of charge by repair or replacement or, if this is impossible or disproportionate, to an appropriate reduction in the price or a refund. If your purchased product is damaged, please do not hesitate to contact our customer service.
This legal guarantee does not affect or interfere with any of your other rights as a customer based on national laws and regulations.
Your rights under the legal guarantee become invalid if any party other than the manufacturer or any repair service not designated by us modifies the product.
Article 12- GDPR regulation
Gymgear.ie are committed to delivering exceptional service in the upmost professional manner. To ensure you we are compliant with the new General Data Protection Regulation (GDPR) which has come into effect from the 25th May 2018,we need to inform you of what data we hold and how we use it.
We Hold the following information on our computer software for you/your company:
1.Company Name/Individual Name
2.Company/Individual Address for Invoicing and Delivery
3.Contact Names
4.Contact Phone Numbers
5.Email Addresses
We use this information to allow us to Process orders for you/your company, for general correspondence with you or your staff and to notify you of company news like low stock levels and promotions. If you place an order with Gymgear.ie via our website we must share your delivery information with our couriers in order to have your item delivered. Gymgear.ie will never sell your data. No sensitive information such as credit card details are held by Gymgea.ie All customer data is held securely.
Article 13 – Contacting GymGear.ie
If you have any questions regarding or concerning these Terms or the website
Email customerservice@gymgear.ie
factors, delays are inevitable. We shall not be held responsible for any delay or failure to deliver products within the estimated timescales if it is wholly or partly caused by circumstances that do not lie within our control. Delivery is available nationwide on all items listed on our website and is free on all orders over €150.
If no one is available at your residential or delivery address to accept the order, a note will be left to advise you of the current location of your order, which could be with your neighbour. Alternatively, your order may have been returned to one of the carrier’s depots, and the note will advise you of how you may take delivery of your order.
The risk of damage or loss of products remains our responsibility until the earlier of the date the product passes to you (having paid in full for the product) or the date the first delivery attempt was made.
Delivery refunds can only be made in accordance with your legal rights under the Consumer Protection Distance Selling Regulations 200 or other applicable legislation. Delivery is available to the ground floor only on all products. Please ensure adequate access is available for delivery vehicles for the delivery of large items which are delivered via Tail-lift and are kerbside delivery. Failed deliveries may result in a failed delivery charge. Please contact us prior to ordering if you have concerns regarding access to your location and we can advise regarding delivery. If your item arrives damaged or incorrectly please either do not accept it or report it immediately to customerservice@gymgear.ie. In the unlikely scenario that a parcel arrives damaged or incorrectly or you must report this to us within 24 hours by phone or by Email.