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TERMS OF USE
Terms of Sale:
In compliance with the Federal Trade Commission
regulations through the Children's Online Privacy Protection Act (COPPA), the
legal age to purchase fitness equipment, from A2Z Fit, is set at 18 (eighteen)
years old. By ordering said items from A2Z Fit, a buyer certifies that
he/she meets the legal age requirement to purchase from of our company, as set by COPPA.
A2Z Fit uses Yahoo!'s proprietary "checkout software".
The Order, as denoted on the "Payment" screen of the "checkout process",
includes the "Subtotal" (total sell price of all products), "Coupon
Offer" (product promotional discounts), "Shipping" (delivery
& set-up charge), and "Tax" (sales tax).
A2Z Fit is not responsible for calculation errors using Yahoo!'s "checkout
software", thus, an order amount may be revised, by A2Z Fit, if Yahoo!
incorrectly calculates a customer's payment (i.e. erroneous calculation of
discounts, etc.). All orders placed with A2Z Fit must be accompanied by
an accepted debit/credit card (i.e. Visa, MasterCard, or American Express) or
special financing from GE Finance.
Once an order is submit to A2Z Fit for processing (including online, phone,
e-mail, and fax orders), it cannot be reversed or
canceled by the customer and is recognized as a noncancelable sale. Before an order
is sent to the supplier for fulfillment it must
be approved by the credit card processing company (i.e. the issuing card's bank)
or GE Finance and reviewed by A2Z Fit.
At the discretion of any payment processor or A2Z Fit, orders can be rejected, for any reason and without cause.
If the customer's payment method is approved, it'll reflect as a payment to A2Z Management.
All sales are "final", with no refunds, returns, exchanges, credits,
adjustments, or refusal
of orders permitted... Attempts by a customer to dispute or reverse a sale will incur
an additional $50.00 penalty plus fees, assessed against that customer using their
original method of payment, as well as the original charge will remain in
force. In the event that an order is cancelled by our office (for any
reason) or said customer fails to make a replacement order, an
additional $50.00 penalty charge plus fees will be assessed against that customer using
their original method of payment. If a delivery or redelivery of an ordered exercise and
fitness equipment can not be made, for any reason, due to the buyer's fault, 1) the product will be returned to
A2Z Fit's shipping origination point
(at the buyer's expense), 2) the original order
charge will remain uncancelled and in force, and 3) a penalty charge will be made against the
buyer of
1/2 of the
regular
sell price, for each product ordered, with a minimum penalty of $200 per product
ordered. In turn, the buyer agrees, without exception, to the additional
return shipping charges, plus calculated penalty charge(s), and
authorizes in advance for A2Z Fit to use the same accepted means of payment that was used for
the original order. The customer then has 30 days to decide if a
redelivery is required. Should the customer choose not to have the product
redelivered, they forfeit all rights to said product and are not eligible to
make any claims for a refund. However, should the customer choose to have the product
redelivered, a redelivery fee of
1/2 of the
regular sell price, for each product ordered, with a minimum redelivery fee of $200 per product
ordered. In turn, the customer agrees, without exception, to the
calculated redelivery fee and
authorizes in advance for A2Z Fit to use the same accepted means of payment that
was used for the original order and/or the return shipping charge and penalty fee. Should the
redelivery be unable to be made because of the buyer's fault, the product will
be returned to A2Z Fit's shipping origination point (with no additional chance of redelivery), plus the
original order charge, first penalty charge, return shipping charge, redelivery fee,
etc, will remain uncancelled and in force, with a second penalty charge to be made against the
customer of
1/2 of the
regular
sell price, for each product ordered, with a minimum penalty of $250 per product
ordered. In turn, the customer agrees, without exception, to the
calculated second penalty and
authorizes in advance for A2Z Fit to use the same accepted means of payment that was used for
the original order, with no additional chance of redelivery.
Please note,
sales tax will only be charged on sales with deliveries
to the state of
Pennsylvania and all other states are NONTAXABLE by A2Z Fit. If applicable, the sales tax will appear on the
"Your Order" section of the order form, denoted as "tax".
However, if A2Z Fit does not charge sales tax because the order is outside of
the state of Pennsylvania, that does not relieve the buyer from their
responsibility to pay sales tax on the order to their state, if required.
Deliveries are only made to
the 48 contiguous US states and the District of Columbia (excluding PO Boxes, military APO/FPO
addresses, Alaska, Hawaii, all U.S. foreign holdings, exports, and international
deliveries). "Free Shipping" currently exists for the designated
areas above, except those south of mainland Florida (which A2Z Fit will
automatically collect a 25% surcharge on the entire invoice total after the
original sale). For the deliveries south of mainland Florida, the customer
agrees in advance to have the 25% surcharge billed against their same means of
payment that was used for their original sale. Depending on the supplier,
as well as the weight of the product, your shipment will either be an inside
delivery (Horizon only) or standard "outside & curbside" delivery,
during normal business hours of delivery company. If it's an inside
delivery,
the
unit will be placed either over the threshold of the first available door to the
house or in the garage (at the discretion of the driver)
and it will be the buyer's responsibility from that point on.
In any case, no steps (other than the traditional 1 - 2) or staircases are
included in an inside delivery.
If it's a standard "outside & curbside" delivery, the unit will
be delivered at the curb or brought to the Buyer's first available house entry
(at the
discretion of the driver). From that point on it will be
the buyer's responsibility for such tasks as hand carrying the item(s) off of
the delivery vehicle (when a liftgate is not available), moving the item(s) from
the curb to the residence, etc.
In no
instance will either delivery method include steps, staircases, elevators, room placement,
unpacking, set-up, etc.
Regardless of which method of delivery is used, it's the buyer's responsibility
to be at home for the delivery or to make other arrangements in their absence.
Most of our product deliveries occur within 1 to 3 weeks after order receipt,
since the larger pieces of fitness equipment can not be shipped by normal ground
transportation (due to weight or size restrictions) and must be sent by common
carrier freight companies. These common carrier deliveries take more time
to coordinate. Also, if the customer lives farthest away from the
shipment's origination point, the lead time will be on the high side of that
estimated. However, smaller items that can be shipped by regular ground
service should take slightly less time for receipt.
In turn, delivery lead time estimations may not be exact, nor are they "guaranteed" in the timeframe
stated, due
to factors outside of A2Z Fit's control. These rules, especially the
"Shipping Charges", are subject to change without notice.
Any delivery problems must be communicated immediately,
within 24 hours, to
A2Z Fit. All product problems must be discussed directly with the
manufacturer or supplier.
In keeping with that, A2Z Fit's an
Authorized Internet Reseller for every product we carry. All
sales come with full manufacturer warranties.
Thus, A2Z Fit has no commitment nor does it warrant or guarantee any products
and it's not responsible or liable to any party, for any reason, pertaining to warranty
coverage on said fitness equipment. All products returned to A2Z Fit will
be refused and sent back to the customer at the customer's expense.
If you need warranty work, please call the
technical support number listed on your packaging materials. In case you
need the contact number of a particular manufacturer or supplier, just call us during normal
business hours, at 484-221-9447, and we'd be happy to provide you with that
information. Just make
sure your A2Z Fit invoice
is available,
that you printed out when you placed your order, since it's required for any warranty
work.
All other issues (i.e. ordering
or invoicing/billing), must be communicated immediately to our Customer Service
Department, within
24 hours of a particular
problem, by completely filling out and submitting a
Feedback Form. In the absence of such form
you may send the same information, as detailed on the form, directly to Customer Service
by use of
E-Mail
or call our Customer Service Department at 484-221-9447 (after normal business
hours or if all lines are busy, please leave a message). In turn, Customer
Service will respond ASAP, which is normally within 1 to 2 business days.
All products for sale on this site may change without notice, varying slightly
in appearance and/or specifications. Such minor changes will not require
buyer notification prior to product delivery. However, two drastic changes
require further clarification. First, if the product price and/or delivery
charge changes, after the customer's order but prior to A2Z Fit's order placement
with our supplier(s), the buyer will be responsible for any price increase and
charged accordingly. As such, the customer authorizes A2Z Fit to
automatically bill, using their previously provided payment means,
for any related price increase. Second, if the buyer's order includes a product which is no longer available,
the discontinued item will be applied as partial payment,
after the customer has made an alternate product selection. If the
alternate order selection's total invoice is less than the discontinued item's
total (sum of the discontinued product, shipping, and tax), a gift certificate
for the difference will be issued for use on a future order. If the
alternate order selection's total invoice is more than the discontinued item
total, the difference will be paid for by the customer using one of A2Z Fit's accepted
payment methods. This constitutes the entire "Terms of Sale" of A2Z Fit,
with no other express or implied "Terms of Sale" being recognized.
Legal Disclaimer & Release:
Reproduction of
information contained in this website in whole or in part, without A2Z Fit's
prior written consent, is strictly prohibited and violators will be prosecuted.
The information and products
provided on A2Z Fit's website are designed to help you make informed
decisions about your health. They are not intended as a substitute for the
advice or treatment that your physician or other
health care providers may prescribe. Thus, use of information and products
provided by A2Z Fit are done so solely at the risk of the user.
Before adhering to or using any of the A2Z Fit information, recommendations, or
products, you, the user, should consult with your physician and/or get a physical
examination from your physician, especially if you're considered to be at risk
for potential problems resulting from an exercise program and/or making changes
in your diet and/or lifestyle. You also understand and agree that you're solely
responsible for the way that the information, recommendations, or products on
A2Z Fit's site are perceived and used, and do so entirely at your own risk. In no way will you
hold A2Z Fit (nor any of its owners, officers, directors, employees, agents,
information providers, experts, partners, affiliates, or suppliers) responsible
for any injuries or problems that might occur due to your use or misuse of
products or advice contained within this website or through e-mails and
telephone conversations with A2Z Fit.
Notwithstanding the foregoing paragraph, the total liability of A2Z
Fit (and its
owners, officers, directors, employees, agents, information providers, experts,
partners, affiliates, or suppliers) for losses or damages, direct or indirect,
special, incidental, consequential, or punitive arising from any use or misuse
of the products, information, or other parts of this website or from e-mails and
telephone conversations with A2Z Fit, are hereby excluded.
This website provides
A2Z Fit's opinion in regards to the subject matter contained herein. A2Z
Fit, to
the maximum extent permitted by law, disclaims any personal liability, injury,
loss, or risk incurred as a consequence of the use and application, either
directly or indirectly, of any advice, information, products, or methods
presented or sold by this web site or from e-mails and telephone conversations
with A2Z Fit.
All information, on the A2Z Fit website, is made without
warranty or guarantee, express or implied, from
A2Z Fit. We do
not guarantee or warrant any products that we sell,
express or implied, and A2Z Fit
is not liable to any party for said fitness equipment for any reason whatsoever. The various
companies who manufacture and/or supply the products that A2Z Fit sells are solely responsible for all such
product warranties, if any, and all
product warranty issues. Customer agrees to discuss directly all warranty
issues with their respective product manufacturer or supplier and holds harmless
A2Z Fit from all product warranty disputes and resolutions. If customer
misrepresents or commits fraud as to the status of his/her product(s), any
warranty on such equipment by the manufacturer/supplier will be deemed null and
void. At such time all
labor, repairs,
replacement of any parts, etc. will cease and desist, with the customer
financially responsible for all present and future costs associated with the
repair of said equipment.
The entire contents, of the A2Z Fit website, are copyrighted under the laws of the
United States and other copyright laws. You agree to comply with all
copyright laws of intellectual property rights or negligent or wrongful conduct
by you accessing A2Z Fit's website. A2Z fit controls and operates its Web
site from its offices in the state of Pennsylvania, USA, which is considered the
state of Jurisdiction and access or use, where illegal, is prohibited.
This Agreement is governed by the laws of the State of Pennsylvania, USA.
All user's of this site will comply with the laws of this state in regards to
A2Z Fit.
However, the foregoing provisions regarding your indemnification, waiver, release,
and limitation of liability, shall survive any termination of this agreement.
Should disputes arise against
it's customers or users of this site, for any reason, A2Z Fit has the right to
apply to local, state, or federal courts in Allentown, Pennsylvania, USA, or
other such locations as deemed necessary for injunctive relief until such time
as the Decision is rendered or the Dispute is otherwise resolved. The
language of any such legal proceedings shall be in English. All parties
involved agree that the aforementioned courts shall be the exclusive venue and
jurisdiction for any such actions related to this Agreement. Any court
action, regardless of the award by the courts, will be the sole responsibility
of any and all parties opposing A2Z Fit. These legal costs, payable to A2Z
Fit, shall include, but are not limited to "all" reasonable attorneys' fees,
court costs including application fees, collections costs, expert witness fees,
mileage costs, etc.
A2Z Fit shall not be liable
by reason of any failure or delay in the performance of its obligations
hereunder for any cause beyond it's reasonable control, including but not
limited to manufacturer/supplier errors, shipper delays, electrical outages, failure of Internet service providers, riots,
insurrection, terrorist attacks, war (or similar), fires, floods, storms, earthquakes, explosions, and other
acts of God.
If any provision of this
Agreement is held by any court of competent jurisdiction to be illegal, null or
void or against public policy, the remaining provisions of this Agreement shall
remain in full force and effect. The parties shall in good faith attempt
to modify any invalidated provision to carry out the stated intentions in this
Agreement. The waiver of any breach of any provision under this Agreement
by any party shall not be deemed to be a waiver of any preceding or subsequent
breach, nor shall any waiver constitute a continuing waiver.
Neither party may assign this
Agreement without the prior express written permission of the other party.
Notwithstanding the foregoing, consent of the other party shall not be required
for assignment or transfer made by (a) operation of law, or (b) to an entity
that acquires substantially all of the party's stock, assets or business; notice
of assignment or transfer is required. Also, A2Z Fit may establish and
incorporate herein, from time to time, additional rules, regulations,
guidelines, terms, and policies regarding use of this website's information and
any fitness equipment that A2Z fit sells.
By agreeing to the "TERMS and CONDITIONS" (that appears when you begin to place an order), you are irrefutably certifying that
you have read, in their entirety, all of the nineteen (19) paragraphs above (referred
to as the "Terms of Use"), that you
understand them completely, and that you agree to be bound by their language.
In addition, you
are also irrefutably certifying that you have read, in their entirety, all of this site's
remaining terms, that you understand them completely, and that you agree to be
bound by their language as well, including, but not limited to
the
"Privacy Policy",
all terms on the "Company
Information" page, etc.
If you have any questions or concerns, regarding these Terms of Use,
please complete the
Feedback form and submit
it to us as soon as possible.
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