Terms of service

Last Updated: July 5, 2025

1️⃣ ACCEPTANCE OF TERMS

By accessing or using gainslabshop.com (the "Site") and purchasing equipment from us, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use our Site or purchase our products.

gainslabshop operates this store and website to provide you with fitness equipment and related services. The Site is powered by Shopify.

2️⃣ ELIGIBILITY

By using our Site, you represent that:

· You are at least 18 years old (or visit under parent/guardian supervision)

· You have the legal capacity to enter into binding contracts

· You will provide accurate and complete information when creating an account or making a purchase

· You will use our products for personal, non-commercial use only unless otherwise agreed in writing

3️⃣ ACCOUNTS & SECURITY

When you create an account with us:

· You are responsible for maintaining the confidentiality of your login credentials

· You are responsible for all activities that occur under your account

· You must notify us immediately at guyfrancklinbarthelemy37@gmail.comof any unauthorized use

· We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion

4️⃣ PRODUCTS & INFORMATION

Product Descriptions

We strive to accurately display our fitness equipment (weights, benches, racks, machines, etc.). However:

· Images are for illustration purposes only

· Colors and specifications may vary slightly

· We reserve the right to make technical changes for product improvement

· We do not warrant that product descriptions are 100% error-free

Health Disclaimer

Fitness equipment use involves inherent risks. By purchasing our equipment:

· You acknowledge that exercise activities can be dangerous

· You assume all responsibility for any injury or damage resulting from use

· Consult a physician before beginning any fitness program

· We are not liable for injuries resulting from improper use or assembly

 

5️⃣ PRICING & PAYMENT

Pricing

· All prices are in Canadian Dollars (USD) unless otherwise stated

· Prices include applicable taxes (HST/GST/QST) where required

· We reserve the right to correct pricing errors at any time

If a product is listed at an incorrect price due to error, we may:

· Cancel your order (even if confirmed)

· Issue a full refund

· Notify you of the correct price for reorder

Payment Methods

We accept payment via:

· Credit/debit cards (processed securely through Shopify Payments)

· Other methods as displayed at checkout

Payment processing is handled by third-party providers. We do not store your full payment details.

6️⃣ ORDERS & CONTRACTS

Order Process

1. Placing an order: When you submit an order, you are making an offer to purchase

2. Order confirmation: Automatic email acknowledgments are not acceptance of your order

3. Contract formation: The contract is formed when we:

   · Dispatch your order AND

   · Receive full payment

   · Or send you a written order confirmation

Order Acceptance

We reserve the right to refuse or cancel orders for reasons including:

· Product unavailability

· Pricing errors

· Suspected fraud or unauthorized transactions

· Violation of these Terms

If we cancel after payment, we will issue a full refund.

7️⃣ DELIVERY & RISK OF LOSS

Delivery Terms

· Delivery timeframes are estimates only, not guarantees

· We are not liable for delays beyond our control (strikes, customs, weather, etc.)

· Risk of loss passes to you upon delivery to your specified address

Failed Delivery

If delivery fails due to incorrect address provided by you:

· You bear the cost of unsuccessful delivery attempts

· Additional shipping fees may apply for redelivery

8️⃣ RETURNS & REFUNDS

Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms by reference.

Please review that policy separately for details on:

· Return windows (30 days)

· Restocking fees (15-20%)

· Non-returnable items

· Damaged/defective equipment procedures

9️⃣ WARRANTIES & LIABILITY

Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN OUR PRODUCT DESCRIPTIONS, THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

· Implied warranties of merchantability

· Fitness for a particular purpose

· Non-infringement

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

· We shall not be liable for any indirect, incidental, special, or consequential damages

· Our total liability to you shall not exceed the amount you paid for the product giving rise to the claim

· This includes damages from product use, misuse, or inability to use

Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, labor disputes, internet outages, or government restrictions.

🔟 INTELLECTUAL PROPERTY

All content on the Site, including:

· Text, images, logos, graphics

· Product descriptions

· Software and code

· Trademarks and trade dress

is the property of gainslabshop or its licensors and is protected by intellectual property laws.

You may not:

· Reproduce, distribute, or modify any content without written permission

· Use our trademarks without express consent

· Copy product images for commercial use

1️⃣1️⃣ PROHIBITED ACTIVITIES

You agree NOT to:

· Use the Site for any unlawful purpose

· Violate any applicable laws or regulations

· Infringe on our intellectual property rights

· Harass, abuse, or harm others

· Transmit malware or harmful code

· Interfere with the Site's security features

· Attempt to gain unauthorized access to our systems

· Use bots or automated methods to access the Site

· Resell products without authorization

Violation may result in immediate termination of your access and legal action.

1️⃣2️⃣ USER CONTENT & REVIEWS

User-Generated Content

By posting reviews, comments, or other content:

· You grant us a worldwide, royalty-free, perpetual license to use, reproduce, and display that content

· You represent that your content does not violate third-party rights

· We reserve the right to remove or edit content at our discretion

Prohibited Content

You may not post content that is:

· Defamatory, obscene, or abusive

· Fraudulent or misleading

· Infringing on others' rights

· Containing viruses or malware

1️⃣3️⃣ SMS & EMAIL

SMS/Text Marketing

By providing your phone number and opting in, you agree to receive:

· Order updates and delivery notifications

· Promotional offers and sales alerts

· Product announcements

You may opt out anytime by replying STOP to any message. Message and data rates may apply.

Email Communications

By creating an account or purchasing, you agree to receive:

· Order confirmations and updates

· Responses to your inquiries

· Promotional emails (with opt-out option)

1️⃣4️⃣ THIRD PARTY LINKS

Our Site may contain links to third-party websites (payment processors, shipping companies, social media). We are not responsible for:

· The content or accuracy of third-party sites

· Their privacy practices

· Any transactions you conduct with them

Your use of third-party sites is at your own risk and governed by their terms.

1️⃣5️⃣ DISPUTES & GOVERNING LAW

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising from these Terms or your purchase shall be resolved through binding individual arbitration in [City, Quebec], unless you opt out within 30 days of purchase.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or representative proceedings.

Time Limit

You must bring any claim within one (1) year after it arises, or it is permanently barred.

1️⃣6️⃣ MISCELLANEOUS

Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and gainslabshop regarding your use of the Site.

Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

No Waiver

Our failure to enforce any right does not constitute a waiver of that right.

Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights without our written permission.

1️⃣7️⃣ CHANGES TO TERMS

We may update these Terms from time to time. When we do:

· The revised version will be posted on this page

· The "Last Updated" date will be changed

· Your continued use of the Site after changes constitutes acceptance

Please review these Terms periodically.

1️⃣8️⃣ CONTACT

If you have questions about these Terms:

GainsLabShop

Email: guyfrancklinbarthelemy37@gmail.com

Address: [United States]