Terms and Conditions

Last Updated: July 2023

These are the terms and conditions under which we provide products to you.

Please read these terms carefully before placing an order with us. These terms inform you about the information you need to know when purchasing products from us. We may modify these terms and conditions by posting revised terms and conditions of sale on our website without further notice. The terms and conditions posted on the website or application at the time you place an order will govern that purchase.

1. Who We Are and How to Contact Us

1.1 Who we are. We are XXXXXXX. - a company registered in XXXXXXX.

1.2 How to contact us. You can contact us through LOVE3000.com/contact, at the address above, or through the support section on our e-commerce application.

1.3 How we will contact you. If we need to contact you, we will send an email to the email address you provided in your last order.

1. Placing an Order

2.1 How to place an order. You can place an order through our website or application. After adding the products you want to your cart, you will complete our checkout process, where you'll need to input your contact details, delivery method, and billing information. If you are paying via Apple Pay, please review, check, and triple-check your order (e.g., products, sizes, and delivery address) before clicking the "Complete Order" or "Pay Now" button.

2.2 Acceptance of your order. Your order is an offer to purchase the products in your shopping cart from us. After placing an order, you will receive an email from us confirming that we have received your order. When we send you an email confirming that we have shipped your products, it indicates formal acceptance of your order in the United States. At this point, a contract is formed between you and us. We will also confirm your order number when we confirm your order. Please provide this number if you need to contact us regarding your order.

2.3 Order limitations. To order our products, you must be at least 18 years old and authorized to use the payment method you use for ordering the products. If you are under 18, you can only place an order under the involvement of parents or guardians.

1. Our Right to Cancel Your Order

3.1 Inability to fulfill your order. In the event that we are unable to fulfill your order (e.g., due to product unavailability, inability to verify the billing information you provided, or you request delivery to a country/region we do not currently deliver to, or there are errors in pricing or description of products), we will notify you via email, and we will not charge you for the products.

3.2 Abnormal or suspicious activity. Our products are intended for personal use only. If we detect abnormal situations or suspect our products are being used for any commercial, business, or resale purposes, we may cancel the order. If you encounter such a situation and believe we made an error, please contact our customer service team via the online form on gymshark.com/contact and/or through the support section on our application.

3.3 Suspension of product supply. We may need to temporarily suspend the supply of products to you for:

3.3.1 Addressing technical issues or making minor technical changes;

3.3.2 Updating products to reflect changes required by relevant legal regulations; and/or

3.3.3 Making changes to products as notified to you in the manner we specify.

1. Our Products

4.1 What we offer. We provide fitness equipment, including clothing and accessories.

4.2 Description of our products. The product images (and packaging) on our website and application are for illustrative purposes only. We make efforts to ensure accurate color display, but we cannot guarantee that the colors shown on devices accurately reflect the colors of our products.

4.3 Gift cards. You can purchase gift cards from us just like any other product (in the form of a digital code), but:

4.3.1 You cannot use another gift card as payment to purchase a gift card;

4.3.2 The total limit for purchasing gift cards per person per day is $2,000;

4.3.3 Gift cards have no expiration date;

4.3.4 Inactive gift cards do not incur any charges or decrease in balance over time; and

4.3.5 Gift cards can only be redeemed in the local online store where the gift card was purchased (for example, gift cards purchased from the love3000.com US store or from our application set to browse the US can only be redeemed in the love3000.com US store or our application set to browse the US).

1. Delivery

5.1 Delivery destination. For orders placed on the love3000.com website, we ship to the United States.

5.2 Risk of loss for products purchased from us transfers to you when we deliver the products to the carrier. Ownership of products purchased from us transfers to you upon payment for the products.

5.3 Delivery costs. All information regarding our delivery costs can be found here: xxxxxxx

5.4 When we will provide the products. When we deliver the products to you will depend on the delivery option you choose during the order process. If you purchase products during a promotion, it might take longer to deliver the products to you.

5.5 We are not liable for delays beyond our control. If the delivery of products to you is delayed due to events beyond our control (e.g., postal/courier delays, logistical issues, or adverse weather), we will notify you as soon as possible. If there is a risk of significant delay, you can contact us to cancel the order, and we will refund any products you have paid for but not received.

5.6 If you are not available at the time of delivery. If there is no one available to receive the delivery and the products cannot be delivered to your mailbox, the courier will notify you to arrange redelivery or pickup.

Please note that this translation is provided to the best of my ability, and it's recommended to consult with a legal professional or native English speaker to ensure accuracy and clarity, especially for legally binding documents like terms and conditions.

6Your Rights

6.1 If the product you purchased is defective or significantly different from the description on our website or application, you may have the legal right to replace the product or obtain a refund. In such cases, you may be eligible for free returns in the United States if you return the product to us within 30 days of receiving it (unless otherwise stated on our website or application).

6.2 The contract will be terminated and we will fully refund any payment you have made but have not yet received any product for if you need to terminate the contract for one of the following reasons:

6.2.1 We have informed you of upcoming changes to the product or you do not agree with these terms;

6.2.2 We have informed you of an error in the price or description of the product you ordered, and you do not wish to proceed;

6.2.3 We have informed you that the supply of the product may be significantly delayed due to events beyond our control;

6.2.4 We have suspended the supply of the product for technical reasons, or have notified you of our intention to suspend the supply of the product for technical reasons, for a period exceeding four weeks in each case;

6.2.5 You have the legal right to terminate the contract due to our improper behavior.

6.3 If you change your mind about the product, we offer a goodwill guarantee that allows you (or someone you designate) to change your mind within 30 days of receiving the product (unless otherwise stated on our website or application). If your product is delivered in multiple installments on different dates, you (or someone you designate) have 30 days from receiving the final delivery to change your mind (unless otherwise stated on our website or application). In either case, you will be responsible for the return shipping costs. Please note that some products cannot be returned, such as:

6.3.1 Sealed products that are for health or hygiene purposes (e.g., swimwear, underwear, or socks) if they have been unsealed after you receive them or if the original packaging has been removed or any labels or hygiene strips have been tampered with;

6.3.2 Water bottles that have been opened or used in any way;

6.3.3 Any product where care labels have been cut and/or removed;

6.3.4 Any product that is missing any parts when returned (unless this is due to something we have done);

6.3.5 Any product that has been mixed inseparably with other items after delivery; and

6.3.6 Any product marked as final sale.

6.4 In all other cases (where we are not at fault and you do not have the right to change your mind), you can still terminate the contract before it expires. Simply contact us to let us know.

7 Returns and Refunds

7.1 Inform us of your intention to terminate the contract. To terminate the contract with us, please contact our customer service team through any of the options available on our website or application in case of any questions or if you have any complaints about the product. Provide us with your name, delivery address, order number, and email address to assist us in providing prompt and easy assistance.

7.2 Return of products after contract termination. If you terminate the contract for any reason after the product has been dispatched to you or after you have received the product, you must return it to us. The process of returning the product to us is outlined in our returns policy. Please visit our returns portal: xxxxxxx or follow the instructions provided on our application, including printing the return label if specified. Subsequently, you should leave the package containing the product you wish to return (securely affixed with the return label) at one of the designated collection points specified for you. Unless otherwise stated on our website or application, please ensure that the product is returned to us within 30 days of receiving it. We reserve the right to refuse returns/exchanges with or without a receipt for any reason.

7.3 How and when we will refund you. We will refund you the price you paid for the product (including any applicable delivery charges) using the same method you used for payment. For purchases made with a combination of card and gift card, the refund will be applied to the gift card first. If you purchased the product using a discount code, the refund amount will be reduced to account for any discount you received at the time of purchase. We will process the refund as soon as possible. If you exercise your right to change your mind, we will refund you within 14 days from the day we receive the unused product you returned.

8 Our Right to Terminate the Contract

8.1 We can terminate the contract if you breach it. We may write to you at any time to terminate the product contract if:

8.1.1 You fail to provide us with the information we reasonably requested within a reasonable time, such as a delivery address; or

8.1.2 You do8.1.2 You do not make payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.

8.2 We can terminate the contract if there is an issue with the product. We may also terminate the product contract if:

8.2.1 The product becomes unavailable for reasons beyond our control;

8.2.2 We suspect fraudulent activity or misuse of our website or application; or

8.2.3 We identify a pricing or product description error that we are unable to rectify.

8.3 Refunds for terminated contracts. If we terminate the contract for any reason, 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 breach of the contract.

9 Our Liability to You

9.1 We are responsible for foreseeable loss or 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 breach of the contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.

9.2 We do not exclude or limit our liability to you. We do not exclude or limit our liability for:

9.2.1 Death or personal injury caused by our negligence;

9.2.2 Fraud or fraudulent misrepresentation;

9.2.3 Any breach of the terms implied by applicable consumer protection laws; or

9.2.4 Defective products under the Consumer Protection Act 1987.

9.3 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 resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10 Events Outside Our Control

10.1 We are not liable for delays caused by events outside our control. If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. 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.

10.2 Events outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lockouts, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks.

10.3 Your obligations in the event of an event outside our control. If an event outside our control takes place that affects the performance of our obligations under the contract:

10.3.1 We will contact you as soon as reasonably possible to notify you; and

10.3.2 Our obligations under the contract will be suspended, and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.

11 Other Important Terms

11.1 We may transfer our rights and obligations under the contract to someone else. We may transfer our rights and obligations under the contract to another organization, but this will not affect your rights or our obligations under these terms. We will always notify you in writing or by posting on our website or application if this happens.

11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the contract to another person if we agree to this in writing.

11.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.

11.4 If a court finds part of the 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.

11.5 Even if we delay in enforcing the 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 the contract, that will not mean that you do not have to do those things and it

12.How We Use Your Personal Information

We will only use your personal information as specified in the privacy statement.

13. Other Important Terms

13.1 Assignment of Contract: We may assign this contract to another person. We may transfer the rights and obligations under these terms to another organization. We will inform you if we plan to do so. If you are not satisfied with the transfer, you can contact us to terminate the contract within 7 days of our notification, and we will refund any payment you made in advance for products not provided.

13.2 Need for Our Consent to Transfer Your Rights: You need our written consent to transfer your rights or obligations under these terms to someone else.

13.3 No Rights for Third Parties: This contract is between you and us. No other person has any rights to enforce any of its terms.

13.4 Changes to the Terms: We may change these terms at any time to reflect changes in the law or for any other reason. The latest version of our terms will always be displayed on our website and/or our application. Therefore, please review them before ordering our products to ensure you are aware of any changes that may have occurred since your last visit to our website or application.

13.5 Partial Invalidity: Each paragraph 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.

13.6 Delay in Enforcement: Even if we delay 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 taking steps against you for your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us from taking steps against you at a later date.

13.7 Governing Law and Jurisdiction: These terms are governed by English law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

14.Arbitration; Waiver of Class Action Claims

Please read this section carefully, as it may significantly affect your legal rights, including your right to bring a lawsuit to court.

14.1 Arbitration Agreement: If you reside in the United States, you agree that any and all claims, disputes, controversies, suits, or proceedings arising from or related to the creation, production, manufacture, distribution, promotion, or otherwise connected with or arising out of any and all claims, disputes, controversies, suits, or proceedings (collectively referred to as “Claims”), shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) exclusively and on an individual basis through all marketing channels (including, but not limited to, the internet, this website, our application, social media, telephone, directories, radio, television, mobile devices, and participating retail stores, collectively, the “Site”).

14.2 Notice and Attempted Resolution: Before commencing any arbitration, you must provide written notice of your Claim to us. We may then attempt to resolve your Claim. If the dispute is not resolved within 30 days, you may demand arbitration according to the terms provided below.

14.3 Arbitration Process: You agree that: (i) the arbitration shall be conducted by an arbitrator in accordance with the applicable rules and procedures of the AAA and shall be subject to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.; (ii) arbitration shall be conducted in writing by telephone or solely based on written submissions (as elected by you), and the arbitration fee shall be paid by us (unless the arbitrator deems your Claim to be frivolous, in which case you will bear the cost of arbitration), with arbitration fees capped at a total of $10,000 USD if the dispute amount is $10,000 USD or less, or for disputes amounting to more than $10,000 USD, personally attend the AAA location determined in accordance with the AAA Rules and Procedures, with arbitration fees split evenly between both parties, as determined by the AAA Rules and Procedures; (iii) the arbitrator shall have the authority to award compensatory damages only, and shall not have the authority to issue any fines or penalties, and shall not have the authority to award punitive damages or equitable relief; (iv) you shall not have the right to litigate your claim in court or to have a jury trial on your claim, and (v) your claim shall be arbitrated on an individual basis, and you shall not have the right to participate in a class, consolidated, or representative proceeding, or as a member of any class of claimants pertaining to any claims that may be arbitrated under these terms, and the arbitrator shall not have the authority to consolidate or join the claims of other persons or parties who may be similarly situated, and may only resolve claims and render awards between you and us alone. Except for subsection (v) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures of the AAA, the remaining portions of this arbitration provision shall remain in full force and effect. If subsection (v) is found to be invalid, no right to arbitrate any claim on a class or representative basis shall exist, but the remainder of this arbitration provision shall be unaffected and continue to apply. If subsection (v) is invalid, no right to arbitrate any claim on a class or representative basis shall exist, but the remainder of this arbitration provision shall be unaffected and continue to apply. If subsection (v) is invalid, no right to arbitrate any claim on a class or representative basis shall exist, but the remainder of this arbitration provision shall be unaffected and continue to apply. More information about the AAA and its rules and procedures can be found on the AAA website at //www.adr.org. The arbitration process shall be strictly confidential.

14.4 Opt-Out Option: You have the right to opt out and not be bound by these arbitration terms by sending written notice of your decision to opt out to the following address: xxxxxxx.

14.5 Timely Opt-Out Requirement: You must provide your name, address, email associated with your Gymshark account (if applicable), and explicitly state that you wish to opt out of this arbitration provision within 30 days after your first use of the Site or, in the event of substantive changes to these terms (if any), within 30 days of such changes, or else you are obligated to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you choose to opt out of these arbitration terms, Love 3000 will be similarly not bound by them. If you do not clearly opt out in the manner described above, your use of the Site will be deemed your irrevocable acceptance of these terms and conditions and any changes/updates to this section or other portions.

14.6 Severability: If any term or provision of these arbitration terms is deemed to be illegal or unenforceable, the specific term or provision will be severed from these arbitration terms, and the remainder of these arbitration terms will remain fully enforceable. If any portion or all of these arbitration terms is determined to be unenforceable or invalid for any reason, or if a court finds that Claims, disputes, or controversies are excluded from the scope of these arbitration terms, you and Love 3000 agree to waive, to the fullest extent allowed by law, any trial by jury. More information about the AAA and its rules and procedures can be found on the AAA website at //www.adr.org. The arbitration process shall be strictly confidential.

15.Class Action Waiver

Please read this section carefully, as it may significantly affect your legal rights.

15.1 Individual Resolution of Claims: You agree that you and Love 3000 will resolve any disputes, claims, or controversies individually, and that any Claims arising from or related to these terms, your access and/or use of the Site, or the content, services, and/or technology on or through the Site, will be brought solely in your individual capacity and not as part of any purported class, consolidated, or representative proceeding. You further agree that you will not participate in any third-party claims, class, consolidated, or representative actions brought against us in connection with or arising out of any Claims that you may have against us (if any), whether related to these terms or otherwise.

15.2 Applicability to Affiliated Entities: The terms and provisions of this section shall also apply to any claims against any affiliated entities of Love 3000 that arise due to your access and/or use of any Site and/or the content, services, and/or technology on or through any Site.