Terms of service

TERMS AND CONDITIONS

Welcome to No Pain No Gain Fitness!

No Pain No Gain Fitness is owned and operated by No Pain No Gain Fitness Ltd.

These are the terms and conditions for:

The following terms and conditions apply to the use of our website, and the purchase of products available on the website. By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions, and any policies or legal notices published by No Pain No Gain Fitness on the website. Please refer to our policies.

In these terms and conditions, the words "website" refers to the No Pain No Gain Fitness website, "we", "us", "our", and "No Pain No Gain Fitness" refers to No Pain No Gain Fitness Ltd and "user", “customer”, "you", and “your" refers to you, the user and customer of No Pain No Gain Fitness.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY INFORMATION OR PRODUCTS FROM THE WEBSITE.

1. ACCEPTANCE AND APPLICATION OF THESE TERMS

By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

You represent and warrant that your use of the website does not violate any applicable law or regulation. No Pain No Gain Fitness may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

These terms apply to the respective order you place by accepting them. We reserve the right to change these terms in the future at our sole discretion. You must accept the possible future version of the Terms for any possible future order you place. However, future amendments will not, of course, affect orders placed or contracts already concluded.

2. NOTIFICATIONS AND NEWSLETTER

By providing No Pain No Gain Fitness with your email address, you agree that we may use your email address to send you notifications about the status of your order, important communications about our products, news and special content. If you do not wish to receive these emails, you can opt out of receiving them by sending us your request through our contact page or by using the ‘unsubscribe’ option in the emails. This option may prevent you from receiving emails about updates to your order, news or special offers on our products.

3. ACCOUNT

To register as a user on the website, you must complete the registration form available on the website and create a password. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify No Pain No Gain Fitness of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without No Pain No Gain Fitness's prior authorization. No Pain No Gain Fitness will not be liable for any loss or damage arising from your breach of this agreement.

Users can cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact page. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to No Pain No Gain Fitness.

No Pain No Gain Fitness reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if No Pain No Gain Fitness believes that you have violated any provision of these terms and conditions.

4. ORDERS

By placing an order, you agree to purchase the products at the price indicated on our website at the time of purchase. It is important that you review the full product description and specifications before confirming your order to ensure that it meets your expectations and needs.

Once you place an order, No Pain No Gain Fitness will automatically send you a confirmation email. This email is intended to provide you with a record of your purchase and the details of your order, including confirmation of payment.

We reserve the right to limit the number of units that each user can purchase. In addition, No Pain No Gain Fitness reserves the right to restrict the sale of our products in certain regions or jurisdictions.

No Pain No Gain Fitness reserves the right to cancel any order if it deems it reasonable, as well as to modify or discontinue the availability of products at any time, at its sole discretion. If an order is cancelled by No Pain No Gain Fitness, payments made will be refunded in full. This does not affect your legal rights.

Each new order is considered and processed individually, and is treated separately from any previous or subsequent orders.

5. ACCURACY OF INFORMATION

When ordering, the customer is responsible for providing accurate information that is sufficiently detailed and up to date. Providing misleading, false or incomplete information and communication also can have negative consequences: for example, financial loss, damage to products/the product of an Innovator may increase his time spending... etc. Customers will be responsible for any losses, damages and additional costs as a result of providing incorrect or outdated data, not up-to date in due course.

6. PRODUCT INFORMATION AND PRICES

Product information and prices will be available on each product page of the website. Product prices include value added tax. Product prices are valid for the period during which they appear on the website.

No Pain No Gain Fitness reserves the right to determine the price of the products and these may be subject to change at any time with or without notice.

We will always try to keep the prices on the website accurate. However, from time-to-time pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the customer will be informed of the error. User will have the option to reconfirm the order at the correct price. The user also has the option to cancel the order.

Products may differ slightly from the images shown on our website, as these are used for illustrative purposes only. While we strive to represent colors accurately, we cannot guarantee that the display on your device will exactly match the actual colors of the products. Variations, if any, will be minimal and reasonable, and will be justified on objective grounds that do not significantly affect the quality or functionality of the product.

No Pain No Gain Fitness attempts to be as accurate as possible. However, No Pain No Gain Fitness does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free.

All product offers displayed on the website are for information purposes only and No Pain No Gain Fitness is not obliged to enter into a purchase agreement in relation to these products (if the products are not available).

7. PAYMENTS

Customers can pay for the products using the following payment methods:

· Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)

The customer must pay the price of the product stipulated in the order before the product is shipped. Payment will be charged to the payment method selected by the customer at the time of placing the order.

Once the transaction has been processed, we will send an electronic receipt of the transaction to the customer's email address. If you find any inconsistency in your billing, please contact us through our contact page or you can make the claim through the customer service of the corresponding payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. No Pain No Gain Fitness reserves the right to contract any payment processor available.

8. PROMOTIONS AND SWEEPSTAKES

Once in a while, No Pain No Gain Fitness may present the user or customer with bonuses that may include entering into a few days’ sweepstakes or other promotions. All prizes and other advantages received within the framework of a sweepstakes or promotion may not be transferred, assigned, sold, bought over, swapped or bartered.

If we provide any prize or other benefit, it is of our voluntary nature and it is provided on the “as is” basis without any warranties by us, including the warranty of merchantability, fitness for a particular purpose and non-infringement.

No Pain No Gain Fitness have rights to amend, cancel or restrict the availability from time to time of sweepstakes and promotions and to make changes to error or omissions on materials concerning to sweepstakes and promotions.

Any person who attempts to tamper any promotion of No Pain No Gain Fitness shall be disqualified from participating in any of the promotions. Note that any act directed at the intentional improper functioning of a promotion or sweepstakes is prohibited by criminal and civil laws, and No Pain No Gain Fitness has the right to recover compensations from offenders according to the law.

This is due to the fact that in participating in a promotion or sweepstakes, you have agreed to abide by the decisions made by the organisers regarding this matter and nowhere else, and these decisions are final. That is, the promotions and sweepstakes are to be conducted in compliance with every federal, state and local legal regulation and rule. Promotions are subject to the local laws, if promotions are forbidden, limited or if they are subject to taxation the promotion will not be valid.

These conditions refer to legal release stating that by entering any promotion or sweepstakes you will not be able to claim No Pain No Gain Fitness for any loss or damage in relation to your engagement in any activities relating to the promotion or sweepstakes or receipt or misuse of any prize you may win.

9. LIMITATION OF LIABILITY

No Pain No Gain Fitness provides a website for the sale of products related to physical training. By using the website and purchasing products through the platform, the user acknowledges and accepts that the use of any gym equipment, including weights purchased from No Pain No Gain Fitness, carries inherent risks of injury, physical or material damage, which are the sole responsibility of the user. No Pain No Gain Fitness is not responsible for injuries, damages, accidents or any other consequences derived from the use, misuse or improper installation of the products purchased through the website.

The products offered on No Pain No Gain Fitness are supplied as described on the platform, with no guarantee of specific results in terms of physical performance, strength or conditioning. No Pain No Gain Fitness does not guarantee that the use of its products will lead to improvements in the user's physical condition or that they are suitable for everyone. Before using any product purchased on the platform, it is recommended that the user consult a health or fitness professional to determine its suitability based on their individual physical condition and abilities.

No Pain No Gain Fitness is not responsible for damages resulting from the lack of proper maintenance of the products, their use contrary to the manufacturer's instructions or the failure to comply with recommended safety practices in weightlifting. The user assumes full responsibility for the supervision and safety in the use of the products purchased, especially in environments where minors or third parties may be involved.

The No Pain No Gain Fitness website may contain information, advice or recommendations about training and the use of gym equipment; however, such information is for informational purposes only and should not be construed as professional, medical or sports advice. No Pain No Gain Fitness is not responsible for decisions made by the user based on the information provided on the website, nor for any damage or injury that may result from the application of such recommendations.

No Pain No Gain Fitness will not be held responsible for failures in the availability of the website, interruptions to the service, technical errors, problems in the processing of payments, delays in the delivery of products or any other inconvenience arising from factors beyond its control, including, but not limited to, server failures, third-party errors, legal restrictions or events of force majeure.

To the fullest extent permitted by law, No Pain No Gain Fitness excludes all liability for any direct, indirect, incidental, consequential or punitive damages arising from the use of the website or the products purchased through the platform. In the event that any provision of this clause is declared invalid or unenforceable by any competent authority, the remaining provisions shall remain in full force and effect.

10. COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by No Pain No Gain Fitness or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without No Pain No Gain Fitness prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise No Pain No Gain Fitness or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

11. COPYRIGHT COMPLAINTS

No Pain No Gain Fitness will respond to all queries, complaints and claims related to alleged infringements or violations of the provisions contained in the laws and regulations of copyright and intellectual property of the United Kingdom and internationally. No Pain No Gain Fitness respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please send your request using our contact information, with the following information:

· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

· A statement specifically identifying the location of the infringing material, with enough detail that No Pain No Gain Fitness may find it on the website.

· Your name, address, telephone number and e-mail address.

· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law.

· A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner's behalf.

· An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

12. PROHIBITED ACTIVITIES

The following activities are prohibited:

· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.

· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

· Deep-link to any part of our website for any purpose without our express written permission.

· "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission.

· Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by No Pain No Gain Fitness.

· Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.

13. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet No Pain No Gain Fitness provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We will not be liable to you if we are unable to provide the website or keep it online for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse No Pain No Gain Fitness for any loss or damage caused as a result.

No Pain No Gain Fitness shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, No Pain No Gain Fitness excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to No Pain No Gain Fitness and No Pain No Gain Fitness shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

· Any incorrect or inaccurate information on the website.

· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website.

· Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.

· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from No Pain No Gain Fitness.

· All representations, warranties, conditions and other terms which but for this notice would have effect.

14. THIRD PARTIES

Through your use of the website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where No Pain No Gain Fitness provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that No Pain No Gain Fitness are in no way responsible or liable for any such third-party sites.

15. INDEMNIFICATION

You agree to defend and indemnify No Pain No Gain Fitness and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

· Your breach of this agreement or the documents referenced herein.

· Your violation of any law or the rights of a third party.

· Your purchase of the products.

16. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by No Pain No Gain Fitness for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

17. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

18. PERSONAL DATA

Any personal information you submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.

19. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by No Pain No Gain Fitness, shall constitute the entire agreement between you and No Pain No Gain Fitness concerning and governs your use of the website.

20. DISPUTE RESOLUTION

Any dispute, claim or controversy arising in connection with the interpretation, application or execution of these terms and conditions, as well as any transaction made on the website, shall be initially resolved through amicable dispute resolution mechanisms. The parties involved agree to participate in good faith in a mediation process, using a mutually agreed neutral mediator, with the aim of reaching a mutually satisfactory resolution. The mediation will be conducted confidentially in a location agreed by the parties within the jurisdiction of the United Kingdom.

If the parties fail to resolve the dispute through mediation within 30 days of the commencement of the process, the dispute shall be submitted to binding arbitration as the final method of resolution. The arbitration shall be administered by a recognised arbitration centre in the United Kingdom in accordance with the applicable commercial arbitration rules. The language of the arbitration shall be English, and any decision or arbitral award shall be final and binding on both parties.

Neither party may take legal action relating to the dispute in the courts, except to enforce the arbitration award or as expressly permitted by applicable law. By using the website and placing orders on the website, the customer agrees to submit to this dispute resolution procedure as the sole means of resolving any dispute, waiving any right to litigate in other courts or jurisdictions.

21. APPLICABLE LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom. This applies unless binding arbitration is agreed in the relevant section.

22. FINAL PROVISIONS

Your use of our website and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorisation to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our website. Information provided or collected in connection with your use of the website and purchase of our products will be subject to these requirements.

In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

23. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below:

No Pain No Gain Fitness Ltd.

Contact number: +447379223323

Email: contact@nopainnogainfitness.co.uk