Get in touch with Technogym:
Get in touch with Technogym:
Terms and conditions
What these terms cover.These are the terms and conditions on which we supply products to you, whether these are physical products (Goods), services or of multimedia content (live streaming or on demand classes) (Content) (the Goods and the Content are collectively the products).
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We suggest printing a copy of these terms and/or saving them for future reference.
Description of Goods. The description of the Goods is contained in the technical sheet for each of the Goods, which is published on the website www.technogym.com.
Information about us and how to contact us
Who we are. We are Technogym Asia Limited a limited liability company registered in Hong Kong. Our business registration number is 32469763 with registered office at Unit 303-304, 3/F, NEO, 123 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong. We refer to ourselves in these terms as “we” “us” “our” and “Technogym® “How to contact us. You can contact us by telephoning our customer service team at +852 3116 2622 or by writing to us at info_hk@technogym.com.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we email to you at the email address provided by you during the online purchase process on one of the Platforms an order confirmation (Order Confirmation) to accept it, at which point a contract will come into existence between you and us. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order confirmation number. We will assign an order number to your Order Confirmation and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to Hong Kong. Our website is solely for the promotion of our products in Hong Kong. Unfortunately, we do not accept orders from addresses outside Hong Kong.
Our products
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Opening and Subscribing to Your Account
If the order relates to the supply of the Content, then the description of the Content and the mode of delivery will be contained in the description of the Content on sale on the Platforms.If the order relates to the supply of the Content, then this will be made available through you activating an account generated by us which will be communicated to you on the activation date (your account). Your account will be allocated to you during the process of registering on the website or mobile platform used to deliver the Content (for example, on the platform technogym.com, mywellness.com or twellness.com) (the Platforms). Access to a 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 Content is delivered;.
Date of Activation (multi-product). If the Content is sold in combination with any other of our products, the activation date for the services allowing access to the Content on the Platform will be the same as the date of delivery of the product or the date of activation of the subscription, whichever is earlier.
Date of Activation (separate product) If the Content is sold separately, we will send you an email with the date of activation.
Duration. The duration of the provision of the Content (which also includes access to the Content) is calculated from the date of activation and is specified in the commercial description of the Content.
Right to receive Update, Upgrades. The activation and maintenance of your account on the Platform through which we or our suppliers provide remote content or services does not give you any right to receive free updates or upgrades of already-active Content and/or applications.
Password and access to your account. If you have activated the subscription to the Content and have selected the Method of Payment (see clause 6.1) you then have control of and access to your data and the devices compatible with Technogym® used to access such data, and you are responsible for all the activities carried out on your account. To maintain control of your account and prevent anyone else from accessing it (or from accessing personal or sensitive data), you must keep control of the Technogym®-compatible devices used to access your account, and must not disclose the password to anyone else, nor the details of the Method of Payment associated with your account. It is your responsibility 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 you, Technogym®, its partners or any third party from identity theft or other fraudulent activity.
Terms and conditions of use of your Account. Your account 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 you for acceptance, upon first access of your account after being activated by us.
Access to Content. When purchasing a subscription to the Content you 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 your home or domestic environment (Business Users should go to Technogym.com/gb/business. The Content can be accessed from the same compatible Technogym® product for up to a maximum of 5 personal accounts.
Renewal of Subscriptions. 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.
Third party subscription plans. The subscription allows access to the Content or to content, services and subscription plans offered by third parties in addition to the 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.
Account Information. Specific information about the active subscription, such as expiry dates and amounts paid on your account can be found in the dedicated section in the account area on your account.
Payment for Subscriptions for Content
Methods of Payment. On activating the subscription, you must indicate one or more “methods of payment”. “Method of Payment” means a valid method of payment which is accepted on the Platforms. The Method of Payment may be modified during the course of the subscription. Unless you terminate the subscription before expiry, Technogym® is authorised to debit the subscription charge for the following month, using the chosen Method of Payment. The available Method of Payment may also be updated according to the data and instructions of the payment services providers. Following each update, Technogym® is authorised to utilise the available Method of Payment to debit the subscription charge, and you remain 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 may be blocked until such time as the debit is successfully completed using a valid Method of Payment. The issuer may charge commission, for certain payment methods. The taxes levied may vary, depending on the Method of Payment used. For more details, check with the provider of the chosen payment service.Billing cycle. The subscription charge for accessing the Content and any other costs relating to use of the Content, for example taxes or commission will be charged monthly, via the chosen Method of Payment, 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 Method of Payment involves finance, you agree to respect the conditions of finance provided by our finance partner(s). These will be submitted for approval separately. Any breach of the terms of the finance agreement with our financial partner shall be construed as a material breach of these terms
Changes to prices and subscription plans. We 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 your account.
Requests for information or reimbursement. For information or complaints about the amounts charged, please write to: hk.info@technogym.com
Termination of Subscription. 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”.
Termination of Subscription (third party finance) 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 hk.info@technogym.com.
Restrictions on Use
To subscribe to the Content, you must have reached the age of eighteen (18). Persons under the age of eighteen (18) can only access the Content under the supervision of an adult. The Content has been designed for and may only be used by a fit and healthy person, and it is your (and any User’s) responsibility to consult your (the User’s) own health professional in respect of the suitability to you (the User) of the Content or otherwise. y, (a person using the Content is referred to as a User). We decline all liability for any injury or damage deriving from the User’s state of health. We do not provide medical services and we are not responsible for checking the User’s state of health. The above limitations on the liability do not apply: (a) in the event of death or harm to the person caused by negligence; (b) in the case of wilful misconduct; (c) in any other circumstance which, according to law, does not allow for such 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 non-transferable. Except for the foregoing, no other right, title or interest is transferred by virtue of these terms. The service relating to availability of the Content may not be used in public.
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 5.
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 utilised to generate derived works to be offered for sale or otherwise utilised. 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. You and any User 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 you breach this term 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 you or the User. You or any User are requested 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 also 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 you agree 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/int/privacy-policy/.
Online communications. All information about the Technogym® account (such as payment authorisations, invoices, password changes, changes of Method of Payment, confirmations or notifications) will only be sent in electronic format, to the email address used at the time of registration on your account.
Amendments to conditions of use.
Technogym® may vary these terms. In such cases, notification will be sent to the email address used to register your account, at least 30 days in advance.
Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11- Your rights to end the contract).Our rights to make changes
Minor changes to the products. We may change the product:to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect your use of the product
More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Updates to Content. We may update or require you to update Content, provided that the Content shall always match the description of it that we provided to you before you bought it.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our website.When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract.
If the products are Goods. we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order if the Goods are in stock in Hong Kong , or 90 days if the Goods are not in stock in Hong Kong or if later we will contact you with an estimated delivery date or to agree a delivery date,
If the product is a one-off purchase of Content. We will make the Content available for download by you as soon as we accept your order.
If the products are ongoing subscription to receive Goods or Content. We will supply the Goods or Content to you until the subscription expires (if applicable) or you end the contract as described in clause 11 or we end the contract by written notice to you as described in clause 13.
The delivery date is purely indicative, and time 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 a Force Majeure Event, and after we have received all the documents proving that payment has been made.
Change to delivery date. You may ask for a change to the delivery date specified on the order confirmation, no later than one week prior to the indicative date of delivery. If your request to postpone the delivery date is received by us after the one-week notice period, you must refund any costs of transport already paid by us and, at our 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 our rights to further damages. The actual date of installation, to be agreed with our operatives, will depend on the delivery zone, the type of Goods, and requirements as communicated by you.
We are not responsible for delays caused by force majeure. If our supply of the products is delayed by a Force Majeure Event, then the provisions of clause 21 shall apply.
Collection by you. If you have asked to collect the products from us, you can collect them from us at any time during our working hours of 09:00 to 17:00 on weekdays (excluding public holidays) only with pre-arrangement, , at such time we will provide you with collection details as to time and address.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.
If you do not allow us access to deliver Goods. If you do not allow us access to your property to deliver the Goods as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 13.2 will apply.
When you become responsible for the Goods. A product which is Goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
When you own Goods. You own a product which is Goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address and contact details. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 9).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 successive days, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 successive days.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 6 and 15) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 15.5).
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
In all other cases (if we are not at fault), see clause 11.3 .
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 9.2);
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 successive days; or
you have a legal right to end the contract because of something we have done wrong.
Ending the contract where we are not at fault. 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 hk.info@technogym.com.
How to end the contract with us
Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on +852 3116 2622 or emailing us at hk.info@technogym.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.When we will pay the costs of return.
We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, under the provisions of clause 21 (Force Majeure Event) or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the Method of Payment you used for payment. However, we may make deductions from the price, as described below.
When your refund will be made. We will make any refunds due to you as soon as possible.
Our rights to end the contract
We may end the contract if you break it.We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
you do not, within a reasonable time, allow us access to your premises to supply the Goods.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +852 3116 2622 or write to us at hk.info@technogym.com.Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +852 3116 2622 or email us at hk.info@technogym.com for a return label or to arrange collection.
Price and payment
Where to find the price for the product. The price of the product is the price published from time to time on the website www.technogym.com. These prices may be subject to changes, which will not however affect the orders already accepted by us prior to when the changes are introduced. (which includes Sales Tax, VAT or similar taxes, if any (Sales Tax)) will be the price indicated on the order pages when you placed your order. The prices for the products on sale on the Platforms are inclusive of Sales Tax, and of transport and installation costs if applicable. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.We will pass on changes in the rate of Sales Tax. If the rate of Sales Tax changes between your order date and the date we supply the product, we will adjust the rate of Sales Tax that you pay, unless you have already paid for the product in full before the change in the rate of Sales Tax takes effect.
What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
When you must pay and how you must pay. We accept payment with various credit and debit cards please go to [ link to ] [LIST OF CREDIT AND DEBIT CARDS]. When you must pay depends on what product you are buying:
For Goods, you must pay for the products before we dispatch them. We will accept payment prior to dispatch by way of:
a single bank transfer for the full amount; or
a credit card or debit card payment, via Pay Pal or World Pay (Authorised Payment Service Provider); or
for those cases specifically indicated during the purchase process, through consumer finance.
For Content, you must pay for the products before you download them in accordance with the provisions of clauses 5 and 6.
We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the best HK dollar lending rate of The Hongkong and Shanghai Banking Corporation, as announced from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Safety and User Manual
The Goods will come with a web link where you will have access to an on-line manual providing instructions as to use (User Manual), you must ensure that any person you permit or allow to use or access or has access to the Goods (User) must use the Goods in accordance with the User Manual.It is your responsibility to ensure that your physical condition and health and the physical condition and health of any User when participating in the activities that may comprise the Content or when using of the Goods is of a sufficiently good level to allow the level of participation in the activities comprising such Content or use of the Goods.
You are responsible for using the Content and/or the Goods safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others. We are not qualified to express an opinion that you are fit to safely use the Content and/or the Goods, as such, if you are in any doubt whatsoever as to whether your health of physical fitness is of a level suitable for you using the Content and/or the Goods, then you must obtain professional or specialist advice from your doctor before using the same.
We may suspend the provision of the Content if we become aware that you are not, or a User is not, in our opinion, in an adequate state of health for the physical activities. We do not provide medical services and are not responsible in any case for checking your or the User’s state of health.
You should be aware that the use by you of the Content and the Goods may involve you in participating in physical activities and a consequent risk or possibility of injury, you voluntary accept the risk or possibility of injury involved in such participation and agree that to the maximum extent allowed by law that we shall not be responsible for any claims, demands, damages, losses, loss of profit or business, actions or legal proceedings due to death, injury, loss, damage to your person or property or to the person or property of other participants in such physical activities; and agree to defend, indemnify on demand and hold us harmless from all claims which may be brought against us for any such injuries or claims as aforesaid and all costs and expenses incidental thereto
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and for fraud or fraudulent misrepresentation.
Defective Content. If defective Content which we have supplied damages a device or content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Exclusion of Liability in respect of Goods. We exclude all liability for any damage to property and/or injury to persons arising from
any use of the Goods that does not conform with the instructions 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 User Manual or any other document or notice sent with the Goods: or
use of the Goods by persons who are not in a suitable physical condition, in this regard you and any User is required to check beforehand that his or her physical fitness is compatible with use of the Goods. You and any Users of the Goods are required to read the User Manual of the Goods carefully before use, to ensure that it is used correctly, and to strictly comply with any instructions as to the use of the Goods.
Warranty and support for Technogym® products. Limitations and forfeiture. Safety instructions for installation services.
We warrant that on delivery, and for a period of 24 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of merchantable quality; and
(d) be fit for any purpose held out by us.
Subject to clause 18.3, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) you give notice in writing during the warranty period within a reasonable time of discovery that the Goods do not comply with the warranty set out in clause 18.1;
(b) we are given a reasonable opportunity of examining such Goods; and
(c) you (if we ask) return the Goods to our place of business at our reasonable cost.
We shall not be liable for the Goods' failure to comply with the warranty in clause 18.1 if:
(a) the Customer makes any further use of the Goods after giving a notice in accordance with clause 18.2;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods.
you alter or repairs such Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
Except as provided in this clause 18, we shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 18.1.
We will only carry out services under warranty within Hong Kong. Warranty services only extend to restoration of the functionality of the Goods and the free replacement of faulty parts, except where we, in our sole discretion, consider it more convenient to fully replace the Goods (Warranty Services). We may in our sole discretion and without obligation to do so provide Warranty Services on the Goods also outside Hong Kong, reserving the right to charge any costs in providing the Warranty Services to you, also with payment in advance.
These terms shall apply to any repaired or replacement Goods supplied by us
The provisions of clause 18.1 to 18.6 shall apply to used (non-reconditioned) Goods (Used Goods) save that the warranty period shall be twelve (12) months from the date of delivery.
The provisions of clause 18.1 to 18.6 shall apply to “Still Novo®” line (reconditioned equipment) save that the warranty period shall be eighteen (18) months from the date of deliver 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.
All Goods are shipped with the web link for the User Manual containing instructions for their correct use and maintenance. The warranty provided in this clause 18 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 User Manual.
If the Goods are directly installed by the you or by third parties that are not authorised by us we shall not be liable for damages arising from the incorrect installation of the Goods or installation which does not conform to indications in the User Manual or in any other document sent with the Goods.
Certain Goods must be fixed to the ground (or to the wall or ceiling) using appropriate fixing equipment, before use. If such Goods are directly fixed to the ground (or to the wall or ceiling) by you or by third parties that are not authorised by us we shall not be liable for any damage caused by incorrect fixing or lack of fixing to the ground (or to the wall or ceiling) or any installation carried out without using specific fixing equipment, and/or in a way that does not conform to indications in the User Manual and installation manual or any other document sent with the Goods.
You agree 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 you indemnify us in respect of all and any liability for damage and/or injury that may occur at the site where the installation or maintenance services are performed, except for cases of wilful misconduct or gross negligence attributable to the us or our subcontractors.
In all cases where you request assistance that is not justified by a real problem regarding the operation of the Goods or in any case a problem is not attributable to us, we may charge you the cost of the call-out even if the Goods are covered by a warranty.
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy policyOther important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will inform you if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. The Contract (Rights of Third Parties) Ordinance (Cap.623) shall not apply to this contract.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, and you and we hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.
Force Majeure
Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers or subcontractors; and
(i) interruption or failure of utility service.
Provided we have complied with clause 21.3, if we are prevented, hindered or delayed in or from performing any of our obligations under this agreement by a Force Majeure Event, we shall not be in breach of this contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
We shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than 30 days from its start, notify the other party of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.21.4 If the Force Majeure Event prevents, hinders or delays the performance of our obligations for a continuous period of more than 120 successive days you may terminate this agreement by giving four weeks' written notice to us.
Products and services supplied in HONG KONG SAR CHINA by Technogym Asia LTD | Unit 303-304, 3/F, Neo,123 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong | Tel: +852 3116 2622