Warranty and delivery terms
These terms and conditions apply to the SpineGym Ltd. online store, which comes under the responsibility of SpineGym Ltd., Askolinintie 55, 07700 Helsinki, Finland, Business ID: 2685784-6. By using the SpineGym Ltd. online store you accept these terms and conditions and undertake to comply with them. SpineGym Ltd. does not guarantee the uninterrupted or flawless operations of the online store and interruptions may occur in the service, such as for equipment maintenance and service. SpineGym Ltd. is not responsible for damages arising from use of the online store, unless otherwise provided by law. SpineGym Ltd. retains the right to change these terms and conditions by publishing updated terms on the online store’s website. Please read the valid terms and conditions before submitting an order. To order products from the online store, you must comply with the terms and conditions of the store, meet the requirements set forth therein, and ensure that the personal information you provide is complete and accurate. You must correct any erroneous information concerning yourself without delay. Store your password and username to the online store in a secure place so that no unauthorized persons have access to them. You may only have one account in the service. SpineGym Ltd. is not responsible if you do not receive your order, order or delivery confirmation, or other documents because of erroneous information you supply. Your personal information will be stored in a customer register managed by SpineGym Ltd. You may contact our customer service for further information on the processing and use of personal information.
1 INTELLECTUAL PROPERTY RIGHTS OF THE SPINEGYM LTD. ONLINE STORE
The content of the online store (including images, text, product information, videos, logos, and tables) is protected by copyrights and other intellectual property rights belonging to SpineGym Ltd. and/or its collaboration partners, and unauthorized use or copying of the content is prohibited. Finnish law will be applied to any disputes arising from intellectual property rights.
2 SAFE PURCHASES AND VISITOR MONITORING IN THE ONLINE STORE
We want to make using the online store as safe as possible. The customer information collected in the online store (at the time of ordering or registration) is transferred to SpineGym Ltd. via a secure connection (SSL-protected connection). You may check information related to and the validity of our certificate pertaining to the online store’s data protection from our customer services.
4 ORDERING FROM THE ONLINE STORE
You can order products after registering for the online store, but registration is not necessary. In connection with registration and/or purchase, you must provide at least the minimum information required for the order. The availability of the product and the estimated delivery time will be provided when you place your order. After receiving the product, inspect it immediately for any transport-related damage and notify the driver of any damages. We will not accept any complaints regarding transport damages submitted at a later date. You can test the products for 14 days before deciding on the purchase (the right of withdrawal referred to in the Consumer Protection Act, 38/1978). Only products in a condition that allows them to be resold can be returned. The original sales packaging must be clean and intact. We will send you an electronic order confirmation and distance sale documents, from which you can check all the order information. Save the order confirmation for later use.
The SpineGym Ltd. online store accepts online banking and card payments.
6 RESTRICTIONS ON ORDERS
Only persons who are aged 15 or older are permitted to purchase products from the online shop. Persons under the age of 18 may only pay for their purchases with an online banking payment.
7 RIGHT TO REJECT THE ORDER
If a product you ordered is not available, SpineGym Ltd. will contact you. When necessary, SpineGym Ltd. has the right to cancel the sale. If demand for any product exceeds the available supply, SpineGym Ltd. has the right to restrict order quantities to enable as many interested consumers to buy the product from the online shop as possible. SpineGym Ltd. will contact you if the ordered product quantity cannot be delivered for such a reason. Note that placing a product in the shopping cart does not mean it is reserved; a product is only reserved upon payment.
8 DELIVERY METHODS AND COSTS
The ordered products will be delivered to the address you specified. Delivery costs are paid when paying for the product.
When the product is in stock, the estimated delivery time is 2–8 working days. If the order includes more than one product, we will attempt to deliver the products available in stock in a single delivery. If the product is temporarily unavailable or it has a different delivery schedule, it will be delivered at a later date. You can select the delivery method for your product that suits you best. We will contact you once the order is available for collection or the time for home delivery can be agreed on.
It is very important to us at SpineGym Ltd. that you be satisfied with your order. You are permitted to test the products for 14 days before deciding on the purchase (the right of withdrawal referred to in the Consumer Protection Act, 38/1978). The notification about a product return, or the use of the right of withdrawal, must be submitted to SpineGym Ltd. within 14 days of receipt of the product. We request that you return the product without delay but at the latest 14 days after submitting the notification. If you want to exchange your product for another one, return the product in accordance with the instructions below and place a new order online at SpineGym.com or SpineGym.fi. Follow these instructions when returning a product. The product to be returned and its original packaging must be handled with care. If you have used the product or handled it carelessly, you will be liable for any decrease in its value up to its full price. When returning a product, you must include all the parts, including the manual and packaging material. Please complete a return notification form for the product. You can either use the SpineGym Ltd. own return notification form or a form pursuant to the EU directive on consumer rights. The return notification must be included in the package with the product being returned. In case of any reimbursement, it is important that you provide your bank account details. If the product you received is faulty or not the one you ordered, return it in accordance with these instructions. Mark in the return notification the defect encountered in the product and whether you would like to exchange the product for a flawless/correct product. In the case of a faulty or incorrect product, SpineGym Ltd. is responsible for the delivery costs for a new product. – The right to return a product or to cancel an order does not apply to products manufactured or tailored to your specifications. Exceptions to the right to return a product are mentioned in the product description. You can return a product by mail or by delivering it to SpineGym Ltd. service point.
11 RETURNS BY MAIL
Mark the address for product returns on the package. ADDRESS FOR RETURNS SpineGym Oy, Askolinintie 55, 07700 Koskenkylän saha, Finland. Returning a product is free if you send the product back as a package or letter, and the sending location is in Finland. SpineGym Ltd. does not need to be notified about the return in advance. We recommend you request a receipt on the delivery from the post office.
SpineGym Ltd. will refund your payment within 14 days of receipt of your return/cancellation notification, subject to SpineGym Ltd. having received either the product or proof that it has been sent. The refund is made using the same payment method you used to pay for the product. We do not reimburse the cost of home delivery or any installation costs related to the product. Card payments are refunded to the card used to pay for that product. If you paid via the internet, it is important that you provide your bank account details when returning the product so that we can make the refund to your bank account.
13 WARRANTY AND THE SELLER’S LIABILITY FOR DEFECTS
If the product comes with a manufacturer’s warranty, this is mentioned in the product description. The warranty does not limit the seller’s liability for defects specified in the Consumer Protection Act. The order confirmation included in the delivery serves as a warranty document. The warranty terms and conditions that are delivered with the product and which may contain some restrictions are applied to the warranty. During the warranty period, SpineGym Ltd. may be released of its warranty-related responsibilities if the breakage or defect in the product is due to an accident, inappropriate handling of the product, or other reason that is the customer’s responsibility. If the defect is due to one of the above-mentioned reasons, or the reported defect cannot be identified on the product, SpineGym Ltd. is entitled to charge you for the maintenance service’s inspection fee. The customer must notify SpineGym Ltd. about the defect within a reasonable time period of it being noticed. The error notification must be submitted no later than two months after the defect was noticed.
14 CUSTOMER COMMUNICATIONS
SpineGym Ltd. will send marketing and customer service messages to its registered customers by e-mail and text message. Direct electronic marketing will only be targeted to customers who have accepted it in advance. The customer service messages are related to the order and delivery from the SpineGym Ltd. online shop. Electronic messages related to customer service and orders will be sent even if you did not accept electronic direct marketing. By accepting the contract terms and conditions of the online shop and by ordering from the shop, you accept the sending of customer service messages. You can notify the customer service team about the acceptance or refusal of marketing messages.
15 OTHER TERMS AND CONDITIONS
Finnish law is applied to these contract terms and conditions and to any disputes arising from them.
SpineGym Ltd. is liable for any product defect pursuant to Finnish laws. In the event of a dispute, you may submit the matter to the Consumer Disputes Board. We recommend that you contact the Consumer Advisory Service for advice before submitting the matter to the Consumer Disputes Board. The Board may refuse to process the matter if the consumer has not contacted the Consumer Advisory Service first.
17 CLEARLY ERRONEOUS PRICES
SpineGym Ltd. retains the right to cancel the order in the event of a clear and considerable error in the price. This refers to an erroneous product price on the online shop that is so clearly and considerably different from the standard price level that an average consumer can be considered to have understood that it was displayed by mistake. A clearly erroneous price would be 0.00 euros or no price at all, or such a low price displayed for a product worth hundreds of euros that it can be understood to be erroneous.
18 FORCE MAJEURE
SpineGym Ltd. is not liable for delays or damages that are due to circumstances beyond its control and that could not reasonably have been foreseen or provided against. Such force majeure events include, but are not limited to, strikes, illness on the part of personnel, export and import prohibitions, disruptions in telecommunications connections, disruptions in power supply, and disruptions in mail services or road traffic. If the force majeure situation continues for longer than a month, SpineGym Ltd. and the customer have the right to cancel the sale without liability for damages or delay.
19 Payment Service Provider
Paytrail Plc (2122839-7) is a collecting payment service provider and an authorized payment institution that works in cooperation with Finnish bank and credit institutions. Paytrail Plc will be shown as the payment recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact the website the payment was made to.
Paytrail Plc, business ID 2122839-7
Phone: +358 207 181830