Terms and conditions of Sale

These terms and conditions of sale (“Terms and Conditions”) govern the offer and sale between Technogym USA Corp., a  corporation incorporated under the laws of Washington,  with principal office at 700 US Highway 46 East, Fairfield NJ 07004 –  phone number: +1 206-623-1488, fax: 206-623-1898, email: info@technogymusa.com – (hereinafter the “Vendor”) and the buyer (hereinafter the “Buyer”) of the goods, content and/or services (collectively the “Goods”) sold by the Vendor on the e-commerce channel of the website www.technogym.com/us, or on the Blomming platform on Facebook (collectively the “Platforms”).

If the Buyer is interested in the purchase, he/she is invited to read carefully these Terms and Conditions of Sale before buying the Goods on the Platforms. When buying the Goods on the Platforms, Buyer declares that he/she has read and expressly approves these Terms and Conditions of Sale. The description of the Goods is contained in the technical sheet for each good, which is published on the website www.technogym.com/us. We suggest printing a copy of these Terms and Conditions of Sale and/or saving them for future reference.

The Vendor may use subcontractors to fulfil the transport and/or installation of the Goods and/or other services ordered.

Formation of contract

By confirming the purchase order on the Platforms, the Buyer declares that he/she has reached the age of legal majority, that he/she has the necessary legal capacity, and that he/she is legally authorized to enter into purchase contracts. By sending the purchase order, the Buyer confirms that he/she has read, understood and accepted all these Terms and Conditions of Sale. The Vendor will accept the purchase order by sending an order confirmation to the email address supplied by the Buyer during the online purchase process on the Platforms. The Buyer expressly accepts this form of communication for the exchange of information regarding the execution of the sale contract.

Price and terms of payment

The price of the Goods purchased on the Platforms is the price published from time to time on the website www.technogym.com/us. These prices may be subject to changes, which will not however affect the orders already accepted by the Vendor when such changes are introduced.

The price is to be paid by bank transfer in a single amount, no later than the date of delivery. Alternatively, payment may be made using a credit card, via an authorized Payment Service Provider (in our case PayPal or WorldPay), or, for those cases specifically indicated during the purchase process, through consumer finance. Details of the terms of payment that apply at the time the purchase order is made are contained in the “Method of payment” section.

The Goods will remain the property of the Vendor until full payment of all sums due in relation to the sale contract, including any interest on arrears and expenses incurred by the Vendor to recover amounts outstanding.

Delivery and transport

Unless communicated otherwise by the Vendor, the Goods will be supplied “Ex Works” (Incoterms 2010) at the Vendor’s warehouse; thus the Goods travel at the Buyer’s risk from the time they are made available for transport at the Vendor’s warehouse. As a partial variation of the rules of “Incoterms 2010”, transport and installation are normally organised by the Vendor in the name and on behalf of the Buyer and at the Buyer’s expense; these costs are always included in the price, as stated on the price list.

The delivery date is purely indicative and is not of the essence. It is the date indicated on the order confirmation or, if no delivery date has been indicated, the delivery will be fulfilled within a reasonable period from the date of contract formation, except in cases of force majeure, and after the Vendor has received all the documents proving that payment has been made.

The Buyer may ask for a change to the delivery date specified on the order confirmation, no later than one week prior to the scheduled date of delivery. If the request to postpone the delivery date is received by the Vendor after the one-week notice period, the Buyer must refund any costs of transport already paid by the Vendor and, at the Vendor’s discretion, shall pay a sum equal to 2% of the order value for each week of postponement of the delivery date, by way of reimbursement for storage costs, and without prejudice to its rights to further damages. The actual date of installation, to be agreed with the Vendor’s operatives, will depend on the delivery zone, the type of Goods, and requirements as communicated by the Buyer.

Collection of WEEE equivalents

The Vendor will collect equivalent electric and electronic equipment (“WEEE equivalents”) on a one-for-one basis when the Buyer no longer needs the equipment, has intention to dispose of it or is obligated to do so. WEEE equivalents refer to WEEE collected at the time of the supply of new equipment with the same function. This is based on the purchase on the Platforms by the Buyer of new electric or electronic equipment for home use, which has the same function as the WEEE equivalent. The equipment will only be collected free on a one-to-one basis, in other words, a piece of equivalent equipment will be collected when new electric/electronic equipment is purchased. Free collection will take place within 30 (thirty) days from the date of delivery of the new product, to the same delivery address. The Buyer must ensure that the

WEEE equivalent is ready for collection, otherwise the collection may be refused. If the Buyer intends to utilize the free WEEE equivalent collection service, this must be expressly requested at the time the new electric/electronic equipment is purchased, by clicking on the relevant symbol during the purchase process on the Platforms, or by contacting the Vendor on the freephone number 800-804-0952, or by sending an email to info@technogymusa.com. For WEEE equipment containing personal data, the Buyer must erase all such data him/herself and expressly exempts the Vendor from all liability regarding data protection laws.

Multimedia services and content

If the order relates to the provision of services (personal training at the customer’s home or remote personal training services), or the provision of multimedia content (live streaming or on demand classes) (collectively, together with the services, “the Content”), the description of the services or Content and the mode of delivery will be contained in the description of the services or multimedia content on sale on the Platforms.

If the order relates to the provision of remote services and/or multimedia content, they will be made available through the activation of an account. This will be allocated to the Buyer during the process of registering on the website or mobile platform used to deliver the services or content (for example, on the platform technogym.com, mywellness.com or twellness.com). Access to the platform requires the use of a compatible Technogym® product or a device for accessing the mobile or landline network (tablet, smartphone, PC, Technogym® equipment connected to the Internet, etc.) and compatible with the Platform on which the service and/or Content is delivered; the Buyer must also activate an account generated by the Vendor, which will be communicated to the Buyer on the activation date.

If the services and/or multimedia content are sold in combination with other products of the Vendor, the activation date for the services allowing access to the Content on the designated platform will be the same as the date of delivery of the product or the date of activation of the subscription, whichever is earlier.

If the services and/or multimedia content are sold separately, an email communication from the Vendor will determine the date of activation.

The duration of the multimedia services (which also includes access to the Content) is calculated from the date of activation, and is specified in the commercial description of the services and/or multimedia content purchased. The activation and maintenance of an account on the platform through which the Vendor or its suppliers provide remote content or services does not give the Buyer any right to receive free updates or upgrades of already-active content and/or applications.

Password and access to the account. A customer who has activated the subscription to the Content and has selected the Method of payment has control of and access to their data and the devices compatible with Technogym® used to access such data, and is responsible for all the activities carried out on the account. To maintain control of the account and prevent anyone else from accessing it (or from accessing personal or sensitive data), the account holder must keep control of the Technogym®-compatible devices used to access the Content and must not disclose the password to anyone else, nor the details of the payment method associated with the account. It is the responsibility of the user to update information supplied in relation to the subscription, and to make sure that the details are up-to-date and accurate. Technogym may close or suspend access to the Content in order to protect the user, Technogym®, its partners or any third party from identity theft or other fraudulent activity.

The account used to deliver the services and/or multimedia content remotely will be managed in accordance with the terms and conditions of use and the privacy policy on www.mywellness.com which can be accessed here https://www.mywellness.com/cloud/Terms/Conditions and here https://www.mywellness.com/cloud/Terms/Privacy.They will be submitted to the user for acceptance, upon first access of the account activated by the Vendor.

When purchasing a subscription to the Content and/or to the multimedia services, the user may access the Content provided by Technogym® for the specific compatible Technogym® product. The Content can only be viewed and accessed from the compatible Technogym® product, located within a domestic environment. The Content can be accessed from the same compatible Technogym® product for up to a maximum of 4 personal accounts.

The subscription to the Content is monthly and will be renewed from month to month until termination or expiry. Subscriptions may be available with longer than monthly durations. In such a case, at the end of the period (unless the subscription is terminated), and where permitted by law, the subscription will automatically be renewed on a monthly basis at the price in force at the time of renewal.

The subscription allows access to the Technogym® Content or to content, services and subscription plans offered by third parties in addition to the Technogym® Content. Certain subscription plans, or access to third-party content, may involve conditions or limitations. These will be made known at the time of activation, or through another form of communication.

Specific information about the active subscription on the user’s account can be found in the dedicated section in the Account area.

Methods of payment. On activating the subscription, the Buyer must indicate one or more “methods of payment”. “Method of payment” means a valid method of payment which is accepted on Technogym® e-commerce platform. The method of payment may be modified during the course of the subscription. Unless the user terminates the subscription before expiry, Technogym® is authorized to debit the subscription charge for the following month, using the chosen payment method. The available methods of payment may also be updated according to the data and instructions of the payment services providers. Following each update, Technogym® is authorized to utilize the available payment methods to debit the subscription charge, and the user remains responsible for any unpaid charges. If a debit is unsuccessful, for example due to the lack of funds or for any other reason, and if the subscription is not properly terminated, access to the Content and/or services may be blocked until such time as the debit is successfully completed using a valid payment method. The issuer may charge commission, for certain payment methods. The taxes levied may vary, depending on the payment method used. For more details, check with the provider of the chosen payment service.

Billing cycle. The subscription for accessing the Content and/or services and any other costs relating to use of the Content and/or services, for example taxes or commission will be charged monthly, via the chosen payment method, on the day corresponding to the start of the payment period or on the day immediately following, if there is no corresponding day at the time of renewal. To view the date of the next debit, access your account and click “Billing information”.

Financed purchases. If the chosen payment method involves finance, the user agrees to respect the conditions of finance provided by Technogym®’s finance partner(s). These will be submitted for approval separately. Any breach of the terms of the finance agreement with Technogym®’s financial partner shall be construed as a material breach of these Terms and Conditions of Sale.

Termination. With the exception of financed purchases, for which specific restrictions may apply in the case of termination, any subscription to the Content may be terminated at any time. Where permitted by law, payments may not be refunded and no reimbursements or credits will be granted in respect of partial use of content, or unused content. To view the details of your subscription or to terminate it, visit the personal area of your account and click on “My subscriptions”.

If the subscription was made using finance offered by a third party, in order to terminate the subscription, you must contact the finance provider or send an email to customerservice@technogym.com.

Changes to prices and subscription plans. Technogym® may vary the subscription plans or subscription prices; however, any changes will only take effect after at least 30 days’ notice has been given. Notification will be sent to the email registered for the account.

Requests for information or reimbursement. For information or complaints about the amounts charged, please write to: info@technogymusa.com.

Conditions and restrictions on use. To subscribe to the Content and/or services, you must have reached the age of legal majority. Children can only access the Content under the supervision of an adult. The Content may only be used by persons of sound and robust constitution. Technogym® declines all liability for any injury or damage deriving from the user’s state of health. Technogym® does not provide medical services and is not responsible for checking the user’s state of health. Limitations on the liability of Technogym® do not apply: (a) in the event of death or harm to the person caused by gross negligence; (b) in the case of wilful misconduct; (c) in any other circumstance which, according to law, does not allow for limitations on liability.

The Content is exclusively intended for personal use and not for commercial use. It may not be circulated outside of the domestic environment. The subscription only gives a limited right of access to the Content and is non-exclusive and nontransferable. Except for the foregoing, no other right, title or interest is transferred by virtue of these Terms and Conditions. The service relating to availability of the Content is only available for home use.

The Content shall primarily be accessed from the country in which the service was activated, and only in geographical areas where the service is active, and where Technogym® has the rights and technology available to offer the Content. The Content may therefore vary from time to time, depending on the geographical area. The Content may be accessed with a single device; however, it may be accessed with multiple personal accounts, up to a maximum of 4.

Use of the Content, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations and standards, and with any other limitation on the use of the service or content. The Content and any material purchased or used through the Platforms and/or with the Technogym®-compatible product may not be kept, reproduced, distributed, modified, exhibited, published, granted under licence or utilized to generate derived works to be offered for sale or otherwise utilized. The protections on the Content may not be evaded, removed, altered, deactivated, impaired or blocked; the use of robots, spiders, scrapers or other automated tools to access the Content and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Content available, is prohibited; the insertion of any code or product or manipulation of the Content or the utilisation of any data mining method, data harvesting or extraction method, is prohibited. Users are strictly prohibited from uploading, posting, sending by email or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications terminal associated to the Content and/or to the service, including viruses and any other code, file or program. Technogym® may limit or interrupt the use of the Content in the event that these Terms and Conditions are breached, or if the service is used illegally or fraudulently.

The display quality of the Content may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the user. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Content may vary depending on a series of factors, including geographical location, available bandwidth and the selected content.

The software used to provide the Content has been developed by or on behalf of Technogym® and is designed to allow the Content to be viewed on compatible devices. The software may vary depending on the device, and the functionality or functions may be different, depending on the device. It is also possible that the use of the Content requires the use of third-party software which is subject to licence conditions stipulated by third parties. When subscribing to the Content the user agrees to automatically receive updates of the software of Technogym® and of third parties.

Personal data is processed in accordance with the privacy policy of Technogym® which is available at: https://www.technogym.com/it/privacy-policy/.

Online communications. All information about the Technogym® account (such as payment authorisations, invoices, password changes, changes of payment method, confirmations or notifications) will only be sent in electronic format, to the email address used at the time of registration on the account.

Amendments to conditions of use. Technogym® may vary these Terms and Conditions of use. In such case, notification will be sent to the email address used to register the account, at least 30 days in advance.

Limited Warranty and support for Technogym® products. Limitations and forfeiture. Safety instructions for installation services.

For Buyers classified as “Consumers” for the purposes of the Magnuson-Moss Warranty Act, Title 15 U.S.C. 2301-2312

(Chapter 50 – Consumer Product Warranties), as amended by the E-Warranty Act of 2015 (the “MMWA”), the limited warranty for new Goods will run for 2 (two) years from the date of delivery, except for all parts subject to wear and tear (including but not limited to cables, upholstery, rubber and plastic components).

This limited warranty refers to “Consumer Products” only, as defined under Section 2301 of the MMWA, meaning any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).

Used (non-reconditioned) Goods are guaranteed for 1 (one) year from delivery, if they are intended for Buyers who are legally classified as consumers, and they are sold without warranty in all other cases. Goods from the “Still Novo®” line (reconditioned equipment) are covered by a warranty of 18 (eighteen) months from delivery, of which the first 12 (twelve) will include full cover (parts, travel and labour), while the remaining 6 (six) months will only cover travel and labour costs.

All Goods are shipped with manual containing instructions for their correct use and maintenance. The warranty provided hereby will be invalidated in the event of faults, failures or deficiencies in the Goods that result from use and/or maintenance which is improper and/or does not conform to the instructions in the manual.

If the Goods are directly installed by the Buyer or by third parties that are not authorized by the Vendor, the Vendor is not liable for damages arising from the incorrect installation of the Goods or installation which does not conform to indications in the user and installation manual or in any other document sent with the Goods.

Certain Goods must be fixed, fastened or bolted to the ground (or to the wall or ceiling) using appropriate fixing equipment, before use. If such Goods are directly fixed, fastened or bolted to the ground (or to the wall or ceiling) by the Buyer or by third parties that are not authorized by the Vendor, the Vendor is not liable for any damage caused by incorrect fixing, fastening or bolting, or lack of fixing, fastening or bolting to the ground (or to the wall or ceiling) or any installation carried out or performed without using specific and/or appropriate fixing equipment, and/or in a way or manner that does not conform to indications in the use and installation manual or any other document sent with the Goods.

The Buyer agrees to take all the necessary measures to ensure that the site of installation and/or maintenance of the Goods is safe and does not present any risk to the health and safety of the personnel installing the Goods or to maintenance personnel. To this end the Buyer shall indemnify and hold harmless the Vendor in respect to and concerning any and  all liability, claims (both legal and non-legal), and suits, all of whatever nature, for economic, physical, personal, bodily, and any other damage, loss and/or injury that may occur at the site where the installation or maintenance services are performed, and arising or resulting, directly or indirectly, from or out of, or related to, or concerning, such installation or maintenance services, except for cases of wilful misconduct or gross negligence attributable to the Vendor or its subcontractors.

Warranty services only extend to restoration of the functionality of the Good and the free replacement of faulty parts, except where the Vendor, at its sole discretion, considers it more convenient to fully replace the Good. In any case, the Vendor declares and guarantees that it may provide warranty services on the Goods also outside the above territories, reserving the right to charge any costs to the Buyer, also with payment in advance.

In all cases where the Buyer requests assistance that is not justified by a real problem regarding the operation of the Good or in any case a problem is not attributable to the Vendor, the Vendor may charge the Buyer the cost of the call-out even if the Good is covered by a warranty.

Vendor’s responsibility

The Vendor guarantees the conformity of the Goods to all the mandatory safety standards imposed by laws, provisions and regulations in force in the United States.

For the “Still Novo®” Goods, the Vendor declares that they conform to the laws in force in the year the machine was produced, regardless of the date on which it was remarketed as a used product.

The Vendor declines all liability for any damage to property and/or injury to persons arising from any use of the Goods that does not conform to the indications in the user manual or any other document or notice attached to the Goods, or arising from use of the Goods that have not been fixed to the ground (or to the wall or ceiling) in accordance with the instructions in the manual or any other document or notice sent with the Goods, as well as damage to property and/or injury to persons arising from the fulfilment of the delivery and/or installation services and/or any other services, even if carried out by sub-contractors of the Vendor. The Vendor further declines all liability for damage arising from use of the Goods by persons who are not in a suitable physical condition, as the user is required to check beforehand that his/her physical fitness is compatible with use of the Good. The user is expressly asked to read the user manual of the Good carefully before use, to ensure that it is used correctly, and to strictly comply with the safety regulations displayed. Personal training services are provided taking into consideration the mental and physical condition, as communicated by the Buyer and/or by the end user of the services, in each case. Therefore, the Buyer agrees to check in advance and ensure that the end users of the personal training services check their state of health beforehand, and must obtain and/or ensure that the end users obtain a medical certificate confirming their sound and robust constitution, valid for the current year. The Buyer expressly exempts the Vendor in respect of any liability for damages arising from their state of health and/or the health of the end users. The Vendor may suspend the personal training services if it is found that the Buyer and/or end users of the services are not in an adequate state of health for the physical activity provided, or have not provided details of any changes in their state of health. The Vendor does not provide medical services and is not responsible in any case for checking the state of health of the Buyer and/or end users. Examination of the state of health of the Buyer and/or of the end users of the personal training services may only be carried out by the physician chosen by the Buyer and/or end users, or by a licensed healthcare professional.

For “Climb” Goods, the Vendor informs the Buyer that they will require replacement of the drive unit (primary chain, timing belt and poly-V belt) every 3 years after installation. After 3 years following the installation of “Climb” Goods, the Buyer should contact the Vendor to arrange for these parts to be replaced. If these components are not replaced due to the fault or actions of the Buyer, the Vendor is exempted from any liability for any injury to persons and/or damage to property deriving from the malfunctioning of the drive unit and therefore of the Good.

The Vendor shall not be liable for any indirect damage caused by the Goods. Limitations on the liability of the Vendor do not apply: (a) in the event of the death of or harm to the person caused by the gross negligence of the Vendor; (b) in the case of wilful misconduct or gross negligence by the Vendor; (c) in any other circumstance which, according to law, does not allow for limitations on liability.

Right of cancellation of Buyers classified as “Consumers” pursuant to and for the purposes of the MMWA.

Within 14 (fourteen) working days from date of delivery of the product, or from the date of execution of the contract in the case of services, any Buyer who is classified as a “Consumer” according to the MMWA,  may cancel the contract without incurring any penalty and without giving a reason. The cancellation period expires 14 (fourteen) days after the date on which the Buyer or a third party designated by the Buyer (other than the carrier) acquires physical possession of the product, or from the date of execution of the contract, in the case of services. The right of cancellation may only be exercised by Buyers classified as Consumers under the terms of the relevant law, in other words by individuals who bought the products for their own use and for purposes not related to their professional activity. In order to exercise the right of cancellation, the Buyer must inform Technogym USA Corp., 700 US Highway 46 East, Fairfield NJ 07004, phone number +1 206-623-1488, fax: 206-623-1898, email address info@technogymusa.com of the decision to withdraw from the contract, by sending an express declaration (a letter sent by post, fax or email). For that purpose, the Buyer may use the cancellation form which is available here Right of cancellation, but this is not obligatory. The Buyer can also fill out and send the online cancellation form or any other express declaration, on that web page. If the Buyer chooses that option, the Vendor will immediately send confirmation of receipt of cancellation, on a permanent support, for example by email. To respect the cancellation period, the Buyer merely needs to send a notice of cancellation before the cancellation period expires. If the Buyer does decide to cancel the contract, he/she will be refunded with all the payments made to the Vendor, including the cost of delivery (apart from any additional costs deriving from the Buyer’s choice of a type of delivery other than the least expensive standard delivery offered by the Vendor), without undue delay and in any case within 14 (fourteen) days from the date on which the Vendor was informed of the Buyer’s decision to cancel the contract. The refunds will be made by using the same form of payment utilized by the Buyer for the initial transaction, unless specifically agreed otherwise by the Buyer; in any case the Buyer will not bear any costs as a result of the refund. The refund may be suspended until receipt of the Goods, or until the Buyer can prove that they have shipped the Goods, if earlier. The Buyer is asked to return the Goods or deliver them to the Vendor at the following address: Technogym USA Corp., 700 US Highway 46 East, Fairfield NJ 07004  without undue delay and in any case within 14 (fourteen) days from the date on which notice of cancellation was given. The cancellation period will be respected if the Buyer returns the Goods prior to the expiry of the 14-day (fourteen) period.

The direct costs of returning the Goods is paid by the Buyer. The cost is estimated to be approximately the cost incurred by the Vendor for the delivery. For distance contracts, where the Goods, by their nature, cannot be returned by post, the Vendor will collect the Goods at its own expense. The Buyer will only be responsible for any impairment in the value of the Goods that was caused by any handling of the Good that was not necessary in order to establish its nature, characteristics and functioning.

Applicable law and Jurisdiction.

If the Buyer is classified as a “Consumer” according to the MMWA, the laws of the state of the United States where the Consumer resides or is domiciled (without giving effect to principles of conflicts of law), to the exclusion of the laws of any other state or nation and of the Unites Nations Convention on Contracts for the International Sale of Goods, shall be applicable to the sale.

Any dispute, disagreement or controversy between the parties arising out of or relating to the sale shall be submitted to the jurisdiction of the state and/or federal courts of the State where the Buyer is located if the Buyer is classified as a “Consumer” according to the MMWA.

 

Communications

For more information, or to make a complaint, the Buyer may send an email to the following address: homeshop@technogym.com or contact the Vendor on the freephone number 800-804-0952. Alternatively, the

Buyer can write by ordinary post to: Technogym USA Corp., 700 US Highway 46 East, Fairfield NJ 07004.