Our Policies

TERMS OF USE

These General Conditions of Purchase regulate the use of the gymbeefitness.com website (hereinafter, “The Website”) of which Gorens Negocios, SL. (hereinafter, Gorens) is the owner. Gorens Negocios, SL is a public limited company with registered office at Avenida De La Onu Nº 9 – 3ºB, 28936 M, Madrid, Spain, and holder of Tax Identification No. (CIF) B-86583473, and registered in the Mercantile Register of Madrid, M-547396, Book 30,412, Sheet 150, Section 1ª. Use by the customer of the services of the online store presupposes, in any case, adherence to the General Conditions of Purchase in the version published at the time of the purchase order. Therefore, it is advisable for the customer to read these General Conditions before proceeding with a purchase.

1. PURPOSE AND GENERAL ASPECTS.

These General Conditions of Purchase apply to the sale of all Gymbee Fitness® items through their website in the following countries below.

Andorra, Argentina, Australia, Austria, Belgium, Bosnia Herzegovina, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Morocco, Netherlands, Norway, Panama, Peru, Philippines, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Tunisia, Turkey, U.S.A, Ukraine, United Kingdom, Uruguay

2. PURCHASING SYSTEM.

In order to purchase the product, the User, who must be at least eighteen (18) years of age or over, must select the product he/she wishes to buy and add it to the Cart. Once the products to be purchased have been selected, the User must click on the “Checkout” icon. The User will then be shown the products selected for purchase and the User must make a selection from among the options available for products to be sent to the stated address and the form of payment. Lastly, the User must click on the “Place order now” icon.

Gymbee Fitness® reserves the right to cancel a customer’s account if they detect fraudulent, speculative or bad faith actions while using this service. The data that Gymbee Fitness® is provided with through the relevant form are identification details that allow access to and performance of purchasing; they are personal and non-transferable

3. PURCHASE LIMIT.

For security reasons, purchases that exceed (€10,000) Ten Thousand Euros or comprise of more than 50 items per order cannot be made online.

4. PRICE.

The applicable prices are those indicated on the website on the date of the order. Prices are detailed for each item and include VAT (Value Added Tax), IGIC (The Canary Island Indirect General Tax), or IPSI (Tax on Production, Services, and Imports in Ceuta and Melilla), as appropriate. Shipping costs are detailed to the customer at the time of placing the order.

5. PAYMENT.

Payment will be made at the end of the purchase process and will be an indispensable condition for its completion. In no case will payment be made at a later stage. Deferred payment methods are not allowed, including cash on delivery, transfers, or in-store payment at the time of collecting the order.

The forms of payment methods accepted by Gymbee Fitness® Store are: Purchases can be paid with Visa®, Mastercard® credit cards, and also 4B or 4B Maestro debit cards, Instant Credit and PayPal System. In any case, the payment method is chosen during the purchase process on the corresponding screen.

Customers must notify Gymbee Fitness® of any improper or fraudulent charges to the card used for purchases, through e-mail or by telephone, as soon as possible so that they can make the necessary arrangements. Providers or issuers of payment methods may adopt anti-fraud measures that involve rejecting certain types of operations. Gymbee Fitness® is not responsible for the implementation of these types of security policies.

6. DELIVERY.

Deliveries to (mainland) Spain and Portugal take approximately 2 to 7 working days (Monday to Friday) once payment by the Customer has been confirmed. International deliveries tend to take 4 to 12 working days (Monday to Friday). The delivery period will be a maximum of 30 calendar days from the purchase date, this is depending on the destination and the transport company selected. Order delivery will be carried out at the address indicated by the customer in accordance with the following options:

6.1 Delivery Charges:

Standard delivery charges: The customer must pay the shipping costs:

– Deliveries to Mainland Spain: from €6.5.
– Deliveries to the Balearic Islands: €7.5.
– Deliveries to the Canary Islands: €8.
– Deliveries to Ceuta and Melilla: from €8.
– Deliveries to Europe: from €15.
– International deliveries: from €25.

–  In the case of shipments to Ceuta and Melilla, the customer must also pay the customs fees and taxes generated by the order. These costs are paid at the time the order is received and in no case are they included in the price paid for the products.

– In the case of shipments to the Canary Islands, the customer must also pay the Customs management fees generated by the order (€8.) and the AEIM tax regardless of the order amount, where appropriate. In addition, the customer must pay the corresponding tax. These costs are paid at the time the order is received and in no case are they included in the price paid for the products.

The address indicated by the customer may be a private address, a workplace or any other address indicated. There is no need for the billing address to match the shipping address. Our transport provider will send you an e-mail or SMS (if you have provided a contact phone number with your order) indicating the delivery date and offer you the possibility of changing such date. On the planned delivery date, our transport provider will send you an e-mail or SMS (if you have provided a contact phone number with your order) informing you of the approximate time slot for delivery. 

6.2 Problems with delivery:

In the event that the delivery cannot be completed because the recipient is absent, the transport agency will leave a note and try to contact the recipient by telephone. After two failed attempts, the customer must contact the transport agency to proceed with the delivery.

7. ABOUT FREE SHIPPING.

Free shipping on orders over 75€ is only available in these countries: Mainland Spain, The Balearic Islands, Canary Islands, Ceuta, Melilla, and Portugal.

Free shipping on orders over 150€ in the rest of the countries.

8. OTHER PURCHASING DETAILS.

  1. Deliveries are performed by a courier service.

    b. Delivery charges always include Value Added Tax (VAT) but no other tax, rate, duty or surcharge.

    c. Articles will be delivered to the home address stated by the Customer during the order process, which must be in the delivery areas listed above.

    d. Gymbee Fitness® Store hands orders over to the courier service within a maximum of 48 hours. We accept no responsibility for any delivery delays caused by the courier service.

9. EXCHANGES, RETURNS AND WITHDRAWAL.

There are different processes for exchanges, returns and withdrawal. Below is a description of each process, including the costs and terms and conditions.

  1. Exchange: this is a replacement for the same product in another size and/or colour.
  2. Return: in case of fault or defect.
  3. Withdrawal: decided by the customer.

All products that are to be exchanged or returned must be properly packaged.

In the case of withdrawal, you will only be responsible for the decrease in value of the goods resulting from handling other than that which was required to establish the nature, characteristics, and operation of the goods.

9.1 CONDITIONS, REFUND AND PROCESS.

Conditions (Exchanges and withdrawal): You have 7 calendar days from receipt of the product/s to make an exchange or withdraw from the contract without justification.

Conditions (Returns):  Gymbee Fitness® will be responsible for any non-conformity that may arise within the period established in legal regulations.

Refund: Gymbee Fitness® will refund, where appropriate, the corresponding amount, including the standard shipping costs of the initial delivery without undue delay and, in any case, before 10-14 working days have elapsed from the date on which they were informed of the return. The refund will be made by the same means of payment with which it was paid. However, we may withhold the refund until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first.

Process:

To return a product of your order you only need to place it/them inside the same box in which you received the package, sticking the return sticker on the outside of the box.

Then you need to request the collection of your package at the e-mail customercare@gymbeefitness.com (shipments Spain), by phoning UPS (or by delivering your package to a UPS Access Point – shipments USA) or visiting the DHL website (shipments Europe): https://mydhl.express.dhl/es/en/home.html#/schedulePickupTab. The return sticker contains all the information you need.

10. FEES ON REPLACEMENT ITEMS FOR INTERNATIONAL SHIPMENT.

The customs fee on the replacement item may or may not apply depending on the import rules of the respective country. Gorens Negocios, SL. will not be liable for any such customs charges. If you refuse to take delivery of the product(s), as a result of import taxes, customs duties, and fees, Gymbee Fitness® reserves the right to charge you for the return cost of the product(s). This amount  will be deducted from your refund once the item is received at our warehouse.

11. PRODUCT AVAILABILITY.

If there are incidents regarding supply or if there are no products in stock, the customer will be informed immediately and the price of the product or products without stock will be refunded. Gymbee Fitness® will refund the corresponding amount without undue delay and, in any case, before 14 calendar days have elapsed. The refund will be made by the same means of payment with which it was paid. The stock availability data in physical stores listed on our website is indicative and may vary.

12. GUARANTEE OF PURCHASED PRODUCTS.

The guarantee offered is that established in Royal Legislative Decree 1/2007, of 16 November which approves the consolidated text of the General Law for the Defence of Consumers and Users.

13. CUSTOMER SERVICE.

For any doubts, suggestions, questions or complaints about the online store, you can refer to the Customer Service via any of the following means: 

Telephone 91.123.9186

E-mail: customercare@gymbeefitness.com or post to the following address: Gorens Negocios, SL., Avenida De La Onu Nº 9 – 3ºB, 28936 M, Madrid. We also have official Complaint Forms available to consumers and users which can be submitted to the postal and email addresses stated above. You can request them by calling 91.123.9186 or here: Download official forms.

The Gymbee Fitness® Customer Service will process and respond to your complaint as soon as possible, and in any case within a maximum of one month. Should your request not be dealt with satisfactorily, you may seek ordinary jurisdiction or process your complaint via the http://ec.europa.eu/odr website, which will provide a sole point of access for an out-of-course settlement free of charge.

14. MODIFICATION OF THE GENERAL CONDITIONS OF PURCHASE.

Gymbee Fitness® reserves the right to modify these General Conditions of Purchase at any time. The User is subject to the policies and Terms and Conditions in force at the time he/she uses the webpage or places each order, unless by law or a decision by a government body, Gymbee Fitness® must make changes to the General Terms and Conditions retroactively, in which case any changes would also affect orders that the User placed beforehand.

15. FORCE MAJEURE

Compliance by Gymbee Fitness® of all or part of their obligations will be suspended in the event of unforeseen circumstances or force majeure that prevent or delay compliance. Such unforeseen circumstances or force majeure include, but are not limited to war, riots, insurrection, social unrest, strikes of any nature and supply problems not attributable to Gymbee Fitness®. Gymbee Fitness® will inform the customer of such unforeseen circumstances or force majeure within seven days of their occurrence. In the event that such suspension is extended beyond a period of fifteen days, the customer will have the possibility of cancelling the current order and will subsequently receive a refund under the conditions provided in point 9 of these General Conditions of Purchase.

16. APPLICABLE LAW AND JURISDICTION.

These General Conditions of Purchase are subject to Spanish law. The foregoing notwithstanding, consumers not resident in Spain also benefit from the protection guaranteed by the mandatory provisions of the law of the country where they have their habitual residence. The parties submit, by choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the customer’s place of residence.

Last update: January 2020