Terms of Sale
Effective date: October 6th, 2022
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM https://shop.cybex-online.com/en/us (“Website”). PLEASE NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. If you think that there is a mistake in these terms, please contact us.
These Terms of Sale govern and apply to the purchase and sale of product on the Website. These Terms of Sale create a legally binding agreement between you (“you” and “your”) and Columbus Trading-Partners USA Inc. located at 225 Byers Road, Miamisburg, OH 45342, on behalf of itself and its subsidiaries and affiliates (“CYBEX,” “us,” “our” and “we”) regarding orders placed for products available on the Website.
We may revise these Terms of Sale without prior notice by posting revised Terms of Sale on the Website. The Terms of Sale posted on the Website at the time you place your order will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. CYBEX’s Terms of Use that apply generally to the use of our Website. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CYBEX, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
Table of Contents
XIV. Delay and Events Beyond Our Control
I. Terms and Definitions
1.1 By placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not place an order.
1.2 IMPORTANT NOTE: Your attention is particularly drawn to Section 6 (CHANGING YOUR ORDER), Section 9 (RETURNS AND REFUNDS); Section 11 (PRICE AND PAYMENT), and Section 13 (LIMITED WARRANTY). These provisions limit our liability to you and affect how disputes are resolved.
II. Who Are We?
2.1 We are Columbus Trading-Partners USA Inc., a Delaware Corporation, located at 225 Byers Road, Miamisburg, OH 45342.
III. How to Contact Us?
You can contact us by emailing our customer service team by writing to us at service.us@cybex-online.com, by calling our customer service team on the number 1-877-242-5676 or through the contact forms on our Website.
IV. Your Information
4.1 You confirm that any personal data you provide when you register an account with us or place an order is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your online account. We will only use your personal information as set out in our Privacy Policy under https://shop.cybex-online.com/en/us/legal/legal-privacy-policy.
4.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
V. Your Order
5.1 To place an order for products on the website, you should press the ‘Proceed to Checkout’ button from your shopping cart. You will be guided through the process of placing an order by a series of simple instructions on the website.
5.2 At the checkout you will be given an opportunity to review your order summary and make any amendments prior to placing an order.
5.3 You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the shipment of your products ordered.
5.4 If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because:
- the product is out of stock;
- we were unable to authorize your payment or your billing information is not verifiable;
- because of unexpected limits on our resources which we could not reasonably plan for;
- an error in the price or description of the product;
- in our sole discretion, the order appears to be placed by dealers, resellers or distributors or otherwise appears fraudulent;
- your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
- we could not deliver to the address provided by you; or
- due to an event outside of our control (see below).
5.5 We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.6 The transaction will be concluded in English.
5.7 The website is intended solely for CYBEX to sell CYBEX products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a CYBEX product by someone who resells, or intends to resell, the CYBEX product to others (consumers, businesses or any third party). If CYBEX believes you are involved in purchase for resale, CYBEX reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
VI. Changing Your Order
6.1 All orders are final. Except as provided in Section 8.3, you may not cancel any order or remove products from your order after order acceptance.
6.2 If you would like to add products to an existing order, you are required to place a new order.
VII. Our Products
7.1 All orders are subject to acceptance and availability, which may vary depending on the shipping destination.
7.2 Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct, however, we cannot guarantee the website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
7.3 The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of color.
7.4 If you have any questions or complaints about any product, please contact our customer service team at service.us@cybex-online.com, by phone at 1-877-242-5676, or the contact form on the homepage of the Website.
VIII. Delivery & Shipping
8.1 All orders must be billed and shipped to locations within the United States. We do not ship to United States territories at this time. We are unable to ship to P.O. Boxes. We do not offer shipping to APO or FPO addresses at this time. The Website delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.
8.2 We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process unless an applicable discount or promotion applies.
8.3 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If we are unable to ship products within the time specified or thirty (30) days of a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and not charge your payment method for the purchase price or shipping charges.
8.4 It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.
8.5 You will pay all shipping and handling charges specified during the ordering process, if any. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. The costs of delivery (if any) will be as displayed to you on our website before you finalize your order. Please check these carefully, as you consent to this charge when you submit your order.
8.6 When your product is shipped from our warehouse we will send you a dispatch confirmation email. Please note that products may arrive in separate parcels and may require a signature. The estimated delivery time will be confirmed to you in your dispatch confirmation email. If we do not meet this delivery time, you are entitled to cancel your order by emailing us at service.us@cybex-online.com. We may contact you to offer an alternative solution to reimbursement and re-delivery of your products. In the absence of your consent for an alternative, we will refund all amounts paid, including shipping fees, within fourteen (14) working days after the date on which your order is terminated for non-delivery.
8.7 A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery.
IX. Returns & Returns
9.1 Except for any products designated on the website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs (if any), provided such return is made within 30 days of delivery and provided such products are returned in their original condition and original packaging.
9.2 To initiate a return go to our CYBEX Return Page. The detailed description on the return process can be found on the Service Page Shipping & Returns. The package(s) to the delivery point of the shipping service provider within 7 days of submitting the return request.
Note, you will not be reimbursed for the cost(s) of return shipping if you do not use the pre-paid return shipping label(s) provided by us. You may also experience delays in processing your return if you do not use the pre-paid return shipping label(s) provided by us, and our customer service team may be unable to assist you with any questions you have about the status of your return.
9.3 You are additionally entitled to a refund in the event that the product arrives damaged. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. To request a refund, customer service team by writing to us at service.us@cybex-online.com within forty-eight (48) hours of delivery. We may request photos of the product and a copy of your confirmation email.
9.4 Returns are processed within approximately 7 business days of our receipt of the product. Any refunds will be issued based on the original form of payment. Our customer service team will contact you via email if we receive notice that we are not able to issue a refund to your original form of payment.
9.5 For any questions regarding a refund, you must contact our customer service team by writing to us at service.us@cybex-online.com including details of:
- your name;
- your shipping address;
- the order number and reason for request;
- your phone number; and
- email address.
9.6 CYBEX does not issue exchanges of products.
9.7 CYBEX does not accept returns of products purchased on this Website at any standalone stores, department stores or concession locations. CYBEX does not accept returns of products purchased through other CYBEX websites for different countries, like CYBEX Germany.
X. Discount Codes
10.1 You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
10.2 Discount codes and other offer promotions are subject to the Terms of Use, these Terms of Sale, and any additional terms and conditions specific to the promotion offer. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
XI. Price & Payment
11.1 Product prices shown on the website are in U.S. Dollars and are valid and effective only in the United States.
11.2 Product prices shown on the website may change from time to time without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.
11.3 If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
11.4 Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.
11.5 You can find the available payment methods during the checkout process. We accept payment with Visa, Mastercard, American Express, Discover, PayPal, Klarna Pay and Apple Pay. Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy.
11.6 Your payment method will be authorized for the full payment amount of your order when you press the Buy Now button at the end of the checkout process or via the separate process completed by Apple Pay if applicable, and the full payment amount will be charged to your payment method when your order is shipped.
11.7 By placing your order and making an offer to buy a product, you authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g. in order to authenticate your identity.
11.8 You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.
XII. Product Restrictions
12.1 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.
XIII. Limited Warranty
13.1 THE LIMITED WARRANTY CAN BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS
XIV. Delay and Events Beyond Our Control
14.1 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms of Sale if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Nothing in this Section 14 limits your statutory rights or rights under Section 8.3.
XV. Age Restrictions
15.1 By placing an order for a product, you represent that you are at least the age of majority in your country, state or province of residence.
XVI. Severance
16.1 If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.
XVII. Waiver
17.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
XVIII. Law and Jurisdiction
18.1 These Terms of Sale, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State of Ohio, without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio.
The state and federal court sitting in and for Miamisburg, Ohio shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Sale.
XIX. Third Parties
19.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
XX. Amendment
20.1 We reserve the right to change these terms and conditions from time to time but any changes will not apply to any orders placed prior to the change being made.
XXI. Assignment
21.1 You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
XXII. Notices
22.1 We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
22.2 Other than as specifically provided in these Terms of Sale, to give us notice under these Terms of Sale, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to service.us@cybex-online.com. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
XXIII. Entire Agreement
23.1 These Terms of Sale (including any incorporated terms or policies) constitute the entire agreement between you and CYBEX with respect to your transaction for the purchase of products.