Business Terms and Conditions

Terms of Use and General Terms and Conditions of Sale

These Terms of Use and General Terms and Conditions of Sale govern all purchases of products and services made through the website www.gymbeam.com, owned by GYMBEAM ITALY S.R.L., with registered office in Via Carlo Jucker 6 – 20025 Legnano (MI), VAT: 14225390963, and set out the general terms and conditions for the use of the site itself.

Please read them carefully and print and/or save them on another accessible durable medium. GYMBEAM ITALY S.R.L. is committed to making these documents always accessible and up to date.

By using the Site and/or placing orders through it, the user agrees:

to use the website exclusively for lawful activities;
not to place false or fraudulent orders; where there are plausible reasons to believe that these are orders of such nature, the Seller reserves the right to cancel the Order and inform the competent authorities;
to provide their email address, postal address, and/or other contact details correctly and truthfully. Likewise, the user consents to the use of this information to execute the order (Privacy Policy).

If the information is not provided in a complete manner, it will not be possible to proceed with the Order.

By placing an order through this Site, the user guarantees that they have reached the age of 16 and therefore possess the legal capacity to enter into binding contracts.

The Seller is not responsible for any inconvenience or damage resulting from the use of the Internet, including service interruption, external intrusions, or the presence of viruses or any other incident of force majeure.

Art. 1. Definitions

Unless otherwise provided by contract, each of the following terms shall have the meaning indicated therein:

i) “Seller” or “GymBeam”: the company GYMBEAM ITALY S.R.L., with registered office in Via Carlo Jucker 6 – 20025 Legnano (MI), VAT: 14225390963, REA: 2767264, Telephone (+39) 0871 485600, E-mail [email protected]. Further information about the seller can be found on the Site in the "Contacts" section.
ii) "Buyer” or “Customer”: the physical or legal person who accesses and uses the Site and/or enters into the purchase contract for one or more Products. The Seller reserves the right not to process orders received from users who cannot be defined as "Customers".

iii) “Consumer”: the Buyer who is a natural person acting, in the conclusion and performance of the Contract, for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

iv) “Professional”: the Buyer who is a natural or legal person acting, in the conclusion and performance of the Contract, in the exercise of their own entrepreneurial, artisanal, or professional activity, or their intermediary.
v) “Parties”: the Seller and the Customer.
vi) “Site”: the website www.gymbeam.com and all the web pages that compose it.

vii) “General Conditions”: the general terms and conditions of sale referred to in this contractual document, which regulate the relationship between the Seller and the Buyer.

viii) “Product” or “Goods”: any product, good, service and/or digital content or any set of such goods, included in the catalog made available for purchase on the Site or in the Seller's branches, such as, by way of example only, food supplements, food products, clothing, sports equipment.

ix) “Contract”: the purchase contract concluded at a distance - within the framework of a distance selling system organized by the Seller that exclusively uses the Internet as a distance communication technology - between the Seller and the Buyer and having as its object the tangible movable goods marketed by the Site, of which these General Conditions and, where applicable, the Order Confirmation form an integral part. The distance contract is governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), when it involves a consumer, and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
x) “Order Confirmation”: the email sent by the Seller to the Buyer, with which the former confirms to the latter that their order has been received and accepted.
xi) “Order”: the contractual proposal for the purchase of Products sent by the Buyer to the Seller through the technical procedures provided on the Site and described in these General Conditions.

xii) “Customer Account”: the set of identification data of the Consumer Customer, including those of a personal nature, which allow them access and use of the reserved area of the Site, to which the Consumer Customer accesses with strictly personal access credentials (email and password). The Customer Account is issued by the Seller to the Consumer Customer upon express request of the latter, made by filling out the form available at https://gymbeam.com/customer/account/create. The Seller reserves the right, at its total discretion, to reject the request for the issuance of the Customer Account.

xiii) “Distributor Account”: the set of identification data of the Professional Customer, including those of a personal and business nature, which allow them access and use of the reserved area of the Site, to which the Professional Customer accesses with strictly personal access credentials (email and password). The Distributor Account is issued by the Seller to the Professional Customer, provided that they are effectively a Professional, upon express request of the Professional Customer themselves made by filling out the form available on the Become a Distributor page at https://gymbeam.com/content/wholesale. The Seller reserves the right, at its total discretion, to reject the request for the issuance of the Distributor Account.

Art. 2. Scope of application and general provisions

2.1. The “Complaints Procedure” and the “Delivery” document, which will be included in the package in printed form with a summary of the order, the Privacy Policy and/or the special conditions applicable to the ordered service, are also an integral part of the General Conditions.

2.2. Use of the Site and submission of Orders implies acceptance by the Customer of the General Conditions, in the version current and effective at the date of use of the Site and/or submission of the Order. If the Customer does not wish to accept the General Conditions, they may not use the Site or the related services.

2.3. The General Conditions may be unilaterally modified by the Seller at any time and without prior notice. The modification of the General Conditions does not apply to contracts concluded before the modification itself, even if the goods have not yet been delivered.

2.4. Before sending the order, the Customer is required to consult and carefully read these General Conditions, which are made available on the Site to allow for reading, storage, and archiving.

2.5. The Owner reserves, in any case, the right not to accept orders, from whomever they come, that appear abnormal in relation to the quantity or frequency of purchases made on the site. The Owner also reserves the right not to accept orders from a) users with whom legal litigation is pending; b) users involved in fraud related to credit card payments; c) users who have provided identification data that later prove to be false, incomplete, or inaccurate.

Art. 3. Purchase procedure and conclusion of the contract

3.1. All Products offered through the Site are described in detail in the relevant product pages (quality, characteristics, availability, price, etc.). The possibility of errors, inaccuracies, or small differences between what is published on the Site and the real Product remains. The graphic representation of the Products on the Site normally corresponds to the photo of the Products themselves and/or their packaging and has the sole purpose of presenting them for sale, without any commitment by the Seller regarding the exact correspondence with the real Product. It is understood that the images and descriptions included in the Product Data Sheet may not be perfectly representative of the products, which may differ in color or size. The Owner is committed to ensuring that products are represented as accurately as possible.

3.2. Use of the Site and the purchase of Products through it are permitted to both Consumer Customers and Professional Customers. Natural persons can only purchase if they are over 16 years of age.

3.3. The publication of Products on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal to the Seller. Sending the Order constitutes a contractual purchase proposal and implies full knowledge and acceptance of these General Conditions, as well as full knowledge of all information provided during the purchase procedure. The Customer expressly recognizes that this implies the obligation to pay the price and other amounts due under these General Terms and Conditions of Sale and that the Order cannot be modified or canceled. The Seller may or may not accept the Customer's Order as described below and at its total discretion, without the Customer being able to advance any claim or right in case of non-acceptance.

3.4. In implementation of the provisions of Legislative Decree 9 April 2003, n. 70, containing provisions on electronic commerce, the Seller informs you that the purchase process will take place in the following way. The Customer can order the Products by filling out and sending the electronic order form to GymBeam following the instructions on the Site and summarized below. In particular, the Customer must select the Product from the electronic catalog by inserting it into the “cart”, then enter the “cart”, select the payment and delivery methods from those proposed, enter the shipping and billing data and follow the procedure provided on the Site until its conclusion, finally choosing the option “send order” and/or “proceed to payment”. Before sending the Order, the Site shows the Customer one or more screens summarizing the selected products, their main characteristics, the price including taxes and shipping costs, the shipping address, as well as the link to the pages of the Site where the general conditions and the privacy policy are reported, which the Customer can and is invited to view, save and print. The Customer has the possibility to check and possibly correct any errors occurred in the compilation, before sending the Order, by modifying the content of the “cart” and/or returning to the previous stages of the purchase procedure using the “back” button. The Seller is not responsible for any errors in filling out the Order or during data transmission.

3.5. Upon receipt of the Order, the Seller will send the Customer an Order Confirmation email to the email address specified by the Customer, containing the details of the Customer and the Order, a link by clicking which the Customer can consult the General Conditions applicable to the Contract, information regarding the essential characteristics of the good or service purchased and a detailed indication of the price, the chosen means of payment, shipping costs, applicable taxes and the shipping address to which the goods will be sent. In this email, moreover, the Customer will be provided with the link to the FAQs where they can consult, among other things, information on the right of withdrawal and the legal warranty.

3.6. The Customer acknowledges and accepts that the Order Confirmation is normally processed and transmitted following an automated check. The Seller, upon notice to the Customer, therefore reserves the right to unilaterally cancel the order, if at the time of packaging and/or shipping of the purchased Product(s) it finds any errors in the catalog, in the information system, in the price, in the characteristics and/or in the availability of the Product(s) themselves, in the information provided by the Customer at the time of placing the Order (e.g. payment card; expiration date etc.), in the billing and/or shipping address. The buyer acknowledges that in such cases the purchase contract cannot be validly concluded and that the Seller will refund all sums possibly already paid, with the exclusion of any further claim by the Customer, for any reason, against GymBeam. As an alternative to cancellation and refund of the price, the parties may agree on a modification of the order. Cancellation of the order by the Seller may also occur in cases where the Customer does not pay the amounts due for the Product and shipping costs, as better specified later.3.7. The Seller, upon notice to the Customer, reserves the right to terminate the Contract if there has been abuse of personal data, abuse of a payment card, or similar, or as a consequence of the intervention of an administrative or judicial authority.

3.8. The Contract between the Seller and the Customer, without prejudice to what is provided in articles 3.6, 3.7., 4 and 8, is understood to be concluded with the sending of the Order Confirmation and may be modified, canceled, terminated and in any case deprived of effects exclusively with the agreement of the Parties or in other cases provided by law and by these General Conditions.

3.9. If the Customer orders services or digital content, they express their consent so that their performance begins immediately and they are provided before the expiration of the withdrawal period provided by law to protect Consumers.

3.10. Pursuant to art. 12 of Legislative Decree 70 of 2003, the Seller informs the Customer that every Order sent and the relative Contract is filed and stored by the Seller at its headquarters, according to criteria of confidentiality and security, for a period of at least ten years from the end of the calendar year in which it was concluded and is not accessible to third parties who are not Parties. The Customer can at any time request a copy from the Seller. Information on the individual steps leading to the conclusion of the Contract can be found in these General Conditions, where this process is clearly described.

3.11. Costs for accessing the Site and for using means of distance communication (telephone, internet, etc.) necessary to place an Order depend on the normal rates of the service used by the buyer and remain at their exclusive charge.

3.12. The Consumer Customer may exercise the right of withdrawal within the terms and ways of the law, as well as in accordance with what is expressly provided in these General Conditions and in particular in articles 11 and following, to which reference is made. The Consumer Customer acknowledges that certain products on the Site may be: packaged and/or personalized in their favor; subject to rapid deterioration or rapid expiration; not susceptible to return for hygienic or health protection reasons, if sealed at the time of purchase and opened after delivery; by their nature, intended to be mixed inseparably with other goods after delivery; digital content on non-material support whose supply begins before the expiration of the legal withdrawal period. Therefore, some of the rights due to them, even as a Consumer, could be limited or excluded in relation to such products.

Art. 4. Special rules on the conclusion of the contract with Professional Customers

4.1. The rules and procedures referred to in art. 3, with the exception of art. 3.12, also apply to Contracts concluded between the Seller and Professional Customers, where not deviated from. In case of conflict between the rules referred to in art. 3 and those referred to in this article, the latter prevail. In any case, the rules possibly provided by law and/or by these General Conditions to protect Consumers do not apply to Professional Customers.

4.2. Before proceeding with the purchase through the Site, the Professional must authenticate themselves with their Distributor Account using the credentials issued by the Seller according to what is provided in art. 1, par. xiii).

4.3. Even if the Professional Customer should conclude the Contract through the Site without first authenticating themselves with their Distributor Account, or in any case without making their nature as a Professional Customer explicit, the rules provided by these General Conditions and/or by the law to protect the Consumer will in no case be applicable in their favor and the invoice may not report the VAT number of said Professional.

4.4. If the Buyer indicates their VAT number or their registration number with the chamber of commerce, business register and/or REA or similar in the order, or if they send the order after logging into their Distributor Account, they accept and acknowledge that the rules provided for Professionals by these General Conditions and by law apply to them and that those provided for Consumer protection do not apply.

4.5. The contract between the Seller and the Professional is concluded at the moment when the Seller, after receiving the order of goods from the Professional Customer, sends the latter its written acceptance compliant with the proposal. The Seller is not responsible for any errors during data transfer. The contract is concluded in the Slovak language.

Art. 5. Availability and delivery of Products

5.1. The Customer can exclusively purchase the goods present on the Site, in the quantities indicated therein and while stocks last. The prices and availability of the products reported on the Site are subject to unilateral modification by the Seller at any time and without prior notice. All Product Orders are subject to their availability. Product availability refers to the moment the Customer consults the product sheets and must in any case be considered indicative since the Site can be visited simultaneously by multiple users, and it could happen that, at the same moment, multiple users place an order for the same Product. Therefore, it could happen that the Site's IT system marks a Product as available which in reality is not available, as it was sold to others before the Order Confirmation. In such cases, the Seller cannot be held responsible for the unavailability of one or more Products. The Seller cannot be held responsible for the temporary or definitive unavailability of one or more Products. In case of unavailability of the requested Products, the Customer will be promptly informed by email and will have the right to request the cancellation of the order, with the consequent refund of any amounts already paid.

Alternatively, they may decide: a) if a restocking is possible, to accept a delay in the delivery terms, offered by the Seller, with an indication of the new delivery term; b) to accept the delivery of only the available Products, obtaining a refund for the unavailable ones; c) to accept a discount voucher to be spent on purchases on the Site, within the terms, ways, and any limitations that will be communicated by the Seller.

5.2. Subject to what is provided in art. 5.1, with the conclusion of the Contract, the Seller undertakes to deliver the Product and the documents relative to the Product to the Buyer, or to provide the content if it is the object of the contract and in such case to allow the Buyer to acquire ownership rights over it.

5.3. The Buyer undertakes to receive delivery of the Product, to be available for delivery by the carrier in case of shipping, and to pay the Seller the purchase price and other charges and expenses at their expense.

5.4. The Seller reserves ownership of the Product until full payment of the price. This provision also applies in the case of purchase of digital content or a service.

5.5. Delivery of the Products to the Buyer can take place by personal collection by the Customer at a seat, a branch, or a collection point of the Seller or by shipment by courier and is understood to be carried out at the following moment. In the event that the Customer requests shipment of the Product pursuant to art. 6: if the Buyer is a Professional, the delivery obligation pursuant to this article is understood to be fulfilled when the Seller delivers the Product to the first shipper, carrier, or courier for shipping or transport to the Buyer; if the Buyer is a Consumer, the delivery obligation pursuant to this article is understood to be fulfilled when the Product(s) is/are delivered by the carrier to the Buyer. The risk of loss and damage to the Products, for causes not attributable to the Seller, is transferred to the Customer at the moments indicated above.5.6. Digital products, including any digital products provided on a material support and/or services, will be delivered in the ways and within the term indicated on the Site and/or in the order confirmation.

5.7. The Seller will deliver the purchased Products to the Buyer in the quantity, quality, and design provided for in the Contract, subject to what is provided in art. 3.

5.8. Unless otherwise communicated by the Seller, delivery of the Products is understood to be at street level even in the case of possible shipment pursuant to art. 6.

5.9. If delivery does not occur for reasons attributable to the Customer, even in the case of delivery by shipment pursuant to art. 6, the Customer is required to pay in full the delivery costs and any return costs to the sender incurred by the Seller.

Art. 6. Shipping

6.1. Before sending the order, the Customer can choose the shipping and delivery of the purchased Products by a carrier chosen by them, among those proposed by the Seller according to the availability, capacity, and options offered at that moment by the individual transport services. The shipping and transport price is regulated by the price list in force on the day of the order.

6.2. Unless otherwise agreed, in case of shipment and transport, the Seller will pack the item according to current usage or, in the absence thereof, in a way to protect the Product from possible damage within the limits of ordinary diligence.

6.3. Transport and delivery costs are borne by the Buyer, who will pay them simultaneously with the payment of the price of the Product. Shipping costs are calculated at the time of conclusion of the purchase process, based on the weight, volume, and delivery area. Before sending the order, the Customer can view the amount of delivery costs pursuant to art. 3.

6.4. The buyer will be informed of the indicative delivery times of the ordered goods at the time of order summary and, subsequently, also by email of the indicative day and time of delivery of the ordered goods and will receive, if available, the shipment tracking code.

6.5. Transport and delivery times communicated by GymBeam pursuant to this article are purely indicative and also depend on the shipping method that the Buyer chooses in the ordering procedure and in any case on facts of the carrier or third parties that GymBeam cannot control. In any case, delivery will occur within 30 days of the conclusion of the Contract. Saturdays and holidays are excluded. No responsibility, for any reason, can be attributed to GymBeam if the products are not delivered on the indicative days and times referred to in this article, nor for delays in the delivery of goods due to accidental events or force majeure or third-party acts, as well as in case of strikes, weather events, special holidays, warehouse inventories, office relocations, changes to IT systems and other extraordinary events.

6.6. If, for any reason, the delivery times of the ordered Product suffer delays compared to those indicated on the Site, in the Order Confirmation or in other communications to the Customer, or if delivery has become impossible, the Seller undertakes to give prompt communication to the Customer via email, indicating the new term in which delivery is expected to be made or the reasons that make it impossible. If the new granted term expires without the Products being delivered to them, the Customer is entitled to terminate the Contract, without prejudice to the right to compensation for damage. If the Customer does not intend to accept the new delivery term or if the latter has become impossible, the order will be canceled and GymBeam will return to the Customer what was paid. Any further claim by the Customer, for any reason, including refund, compensation or indemnity, against GymBeam remains excluded.

6.7. For the delivery of goods by courier, the presence of the Customer or their appointee at the recipient's address indicated at the time of the order is necessary. In case of absence of the recipient at the indicated address, the appointed carrier will send a warning email and will attempt a new delivery the following day.

In the event that it is not possible to carry out the delivery due to the absence of the recipient, the order will go into storage and a notice will be left specifying where the Order is and the ways to agree on a new delivery. In the event that it is not possible to execute the delivery within the term of 10 days, GymBeam will assume that the Customer intends to terminate the Contract, therefore the order will be canceled pursuant to art. 1456 of the Civil Code and all amounts, including delivery costs (with the exclusion of any additional costs resulting from the choice, by the Customer, of a delivery method other than the least expensive ordinary delivery method offered by us) will be returned without unjustified delay and, in any case, within 14 days from the date of termination of the Contract.

The return costs of the Order resulting from the termination of the contract will remain at the charge of the Customer.

6.8. Regarding the minimization of damage and the guarantee of a trouble-free supply, the Seller reserves the right to deliver goods to the buyer who, within one order and/or one day, has ordered goods for a total value higher than 3,500 Euros including VAT, only after full payment of the total purchase price. As soon as the buyer pays the total purchase price of the purchased goods, the seller will ship the goods based on the buyer's needs specified in the order.

Art. 7. Prices

7.1. All prices indicated on the Site are final and, if the Customer is a Consumer, also inclusive of VAT and all other taxes and additional and/or accessory charges that the Consumer must pay. Transport costs, payment on delivery and/or with electronic payment means and distance communication are in any case excluded from the prices indicated, the amount of which depends on the Customer's choices and which are listed exclusively within the cart and/or in the order summary screens and/or in the Order Confirmation email. Any customs duties are also excluded, which remain in any case at the charge of the Customer.

The price applied to the contractual relationship between Seller and Customer will be that in force at the time of the Order and indicated in the Order Confirmation, without considering price increases or decreases, including for promotions, that may have occurred subsequently. 7.2. At the time of sending the order, the Customer will pay the Seller the price indicated in the order summary page, together with the costs referred to in point 7.1.

7.3. Any promotional or discounted prices are valid exclusively for the period of time and/or for the number of products indicated on the Site and, therefore, only until the expiration of the indicated period and/or until the exhaustion of the stocks of promoted or discounted Products.

7.4. The “original price” or the “suggested retail price” possibly present on the Site indicates the price at which GymBeam offered the Product before applying discounts, promotions or other price reductions, or the non-binding price of the Product suggested by the manufacturer or distributor, while the price indicated as final is what the Customer must actually pay and which best reflects the value of that particular product on the market. In the event that the price of a Product is discounted and the discount percentage and the full reference price are indicated on the Site, this indication will be formulated with reference to the lowest price applied in the last 30 days, with the exception of perishable products.

7.5. The Seller reserves the right to modify, at any time, the price of the Products and all possible additional and/or accessory costs and/or charges. It is understood that any price modifications will not affect contracts already concluded before the modification.

Art. 8. Payments, transport documents and billing

8.1. The Customer undertakes to pay the price of the Product, delivery costs and all relative additional and/or accessory costs and charges in the times and ways indicated on the Site and/or in the Order Confirmation and/or in these General Conditions and to communicate all necessary data possibly requested. Every payment by the Customer can take place solely by means of one of the methods indicated on the Site and described below.8.2. The Seller accepts various payment methods including, as an indication, the following:

i) in cash up to the maximum amount of € 1,999.99 at the time of delivery of the goods at a branch or a delivery point of the Seller;
ii) advance payment via bank transfer, to be made within 3 days from the Order Confirmation under penalty of cancellation of the order itself. Costs for making the transfer remain at the charge of the Customer. The details for making the transfer are indicated to the Customer via mail after the Order Confirmation. The Customer must proceed with payment strictly within the term of 7 days from the sending of the Order Confirmation mail. In case of non-payment within the indicated term, the sale will be terminated pursuant to art. 1456 of the Civil Code, without prejudice to the right to compensation for damage suffered, and the Customer will receive an order cancellation email sent within 1 day from the expiration of the term. The Customer must indicate the order number in the description of the transfer.

iii) payment by debit or credit card via POS or other payment terminal at the time of delivery of the goods at a branch or a delivery point of the Seller. Credit cards and debit cards of the following international circuits are accepted: VISA, MASTERCARD, VISA ELECTRON, MAESTRO, POSTEPAY. Where, for any reason, it is not possible to charge the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Civil Code. The Customer will be informed via email communication. The charge will be made at the time of transmission of the Order. Credit card data are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller;iv) online payment on the Site, via Paypal, Digital Wallets such as Google Pay or through a financial institution with credit or debit cards. Credit cards and debit cards of the following international circuits are accepted: VISA, MASTERCARD, VISA ELECTRON, MAESTRO, POSTEPAY. In such cases, information relative to the payment instrument indicated by the buyer will be transmitted and managed respectively by Paypal or by the financial institution managing the transaction (“Intermediary”), via secure connection directly to the web interface of the Intermediary managing the transaction, in which the Customer will find the amount to pay and must enter, if requested, data relative to the credit/debit card used for payment. The Intermediary could ask for further data or security codes. The accepted payment circuits are indicated on the Site in the summary screen and in any case before sending the order. All transactions with PayPal, and Google Pay or via financial institution are subject to the respective conditions and privacy policies of the Intermediary. Should the Intermediary deny authorization for payment, the Seller will not be able to provide the Products and will not be held responsible in any way.

v) payment on delivery (cash on delivery), executed into the hands of the courier who will carry out the delivery exclusively with cash and for the exact sum indicated in the Order Confirmation, in Euro, up to a maximum amount of € 1,999.99. Cash on delivery involves an extra charge of 0.90 Euro cents. Where, for any reason, the Customer does not pay the amount due, the delivery will not be made, the order will be sent back to GymBeam and the sale will be terminated pursuant to art. 1456 of the Civil Code, without prejudice to the Seller's right to compensation for damages. The Customer will be informed via email communication.
vi) payment on invoice with expiration (only for Professional Customers and subject to express agreement between the Parties). Where, for any reason, the Customer does not pay the amount due, the delivery will not be made, the order will be sent back to GymBeam and the sale will be terminated pursuant to art. 1456 of the Civil Code, without prejudice to the Seller's right to compensation for damages. The Customer will be informed via email communication.

8.3. The Seller reserves the right to limit, refuse or exclude some of the payment means mentioned above, for all or some orders, without the Customer being able to advance any claim in this regard.

8.4. The Customer is required to choose, at the time of conclusion of the Contract, the chosen payment method among those made available from time to time by the Seller.

8.5. In any case, the goods remain the property of the seller until full payment of the price, but the risk of damage to the things passes to the Customer at the moment when they or their appointee take delivery of the goods.

8.6. The information provided by the Customer at the time of the order will be used for any issuance of the invoice or receipt and for the eventual shipment of the goods. The Customer assumes all responsibility regarding the correctness of the aforementioned information. The buyer's billing data cannot be modified.

8.7. Following the order confirmation, the order summary will be sent via email, consultable and downloadable at any time also within your personal area on the Site. It is possible to request an invoice at the time of checkout, before placing the order, or subsequently by contacting customer service.

8.8 In case of contractual termination and in any case of refund, unless otherwise agreed, the Seller will refund the Customer the amount due using the same payment instrument used for the purchase. In case of using PayPal, once the credit order in favor of the Customer's PayPal account has been arranged, the Seller cannot be held responsible for any delays or omissions in the credit of the refund, to contest which delays the Seller must address PayPal directly or the credit card institution used for payment.

8.9. To ensure payment security, payment services provide for the use of the latest and most up-to-date SSL security protocols and data encryption. For the same purpose of payment security, in implementation of Directive (EU) 2015/2366 (Payment Services Directive 2 or ‘PSD2’), for payments exceeding 30 euros in total, Payment Services could require the user to authenticate through devices and procedures that ensure Strong Customer Authentication (‘SCA’). To this end, the user could be asked to authenticate through mobile devices or other instruments required by Payment Services. Failure to complete the procedure described above may imply the impossibility of finalizing the purchase on the Site.

Art. 9. Orders placed outside of the Site

9.1. In addition to the Site, the Customer can purchase products in person at GymBeam branches or through GymBeam customer service at the addresses indicated on the ”Contacts” page. In this case, orders are placed with the assistance of staff and during the opening hours of the branch or customer service and the procedures referred to in art. 3 do not apply.

9.2. GymBeam advises the Buyer to place orders through the Site via the Customer Account or, depending on the nature of the Buyer, via the Distributor Account. In case of public Internet access, it is also recommended that the Buyer logs out of their profile after placing the order.

Art. 10. Operating Hours

10.1. Automatic confirmation of the Order sent through the Site pursuant to art. 3 is active Monday through Sunday 00-24h, subject to what is provided in art. 3.6. Customer Service is available during opening hours and at the addresses indicated on the “Contacts” page.

10.2. In case of information system failure or force majeure, the Seller is not responsible for non-compliance with opening hours.

10.3. Customers will be informed of any holiday opening hours on www.gymbeam.com

Art. 11. Exclusions and limitations of Seller responsibility

11.1. At the time of delivery of the products, even if transported and delivered by courier, carrier or shipper, the Customer is required to check the correspondence of the identification number of the packages being delivered with that indicated on the packaging and/or on the waybill and/or in the order confirmation and shipping confirmation emails, as well as to verify that the packaging (including the tape with the company logo) is intact, not damaged or altered. Under penalty of forfeiture, any damage to the packaging and/or products and/or the mismatch of the number of packages must be immediately contested by the Customer, and in any case no later than 14 days from the delivery of the goods, who must communicate in writing to the Seller and/or the courier the extent and nature of the damage and declare that the Products are not accepted or that they are accepted “with reservation”. Subsequently, the Customer can open a claim according to the methods specified in art. 20. In the absence of such contestations, GymBeam will not answer for the circumstances reported above.

11.2. The Seller is not responsible for delays in delivery or non-delivery where delivery delays, or the difficulty or impossibility of delivery result from causes of force majeure, unavailability of transport means, third-party acts, unpredictable or unavoidable events, acts of Authority, or from a significant increase in delivery costs borne by the Seller. In such case, upon communication to the Customer, GymBeam reserves the right to split, postpone or cancel the delivery or to terminate the Contract by returning to the Customer all and only the sums possibly already paid. Any further claim by the Customer, for any reason, including mere refund, compensation or indemnity, against GymBeam remains excluded in such case.

11.3. The Customer acknowledges that the Products must be kept and stored in accordance with the manufacturer's instructions and with all necessary precautions in relation to the nature of each product. GymBeam is not responsible for any damage, deterioration or alteration resulting to the product or because of the product, in case of negligence and/or incompetence and/or erroneous or incorrect storage of the product by the Customer, with express forfeiture of the latter from any warranty.

11.4. GymBeam only offers legal products for sale. The supplements and/or foods sold by GymBeam are not intended to replace a varied diet and regular physical activity, nor as a tool alone suitable for correcting inadequate dietary behaviors or to achieve weight loss. In no case are the products sold by GymBeam suitable for curing diseases or in any case producing effects that a supplement or food as such cannot produce.

11.5. The information reported on the Site is for informational purposes only, does not replace medical advice or that of other experts in health and related disciplines, may contain errors and/or not correspond exactly to what is reported on the product label, to which reference is made. The Customer is responsible for the use of the products purchased by them and for any decisions made based on the information provided on the Site, for which they assume all responsibility.

11.6. The Seller is not responsible to the Customer, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the internet outside its control nor in case of incorrect or unsuitable use of the Site by Customers or third parties.

11.7. The Seller assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other payment means, as it does not come into contact with the payment data used in any way.

11.8. GymBeam is not responsible for damages caused to the Customer or third parties with its own light fault, nor for losses of business opportunity and any other loss, even indirect, possibly suffered by the Customer that are not a direct consequence of the violation of the contract by the Seller.

11.9. In no case may the Seller be held responsible for a sum greater than that paid by the Customer in execution of the Contract.

12. Withdrawal from the contract by the Consumer Customer

12.1. Subject to the exceptions provided by law and these General Conditions, the Consumer Customer has the right to withdraw from the contract, without indicating the reason and without any penalty, within 14 days from the date of delivery of the goods to the Consumer Customer or to a third party, other than the carrier, designated by them. In case of purchase of services, the term starts from the date of conclusion of the contract. The same right belongs to the Consumer Customer who has personally collected, at a point of sale of the Seller, the goods ordered at a distance, within 14 days from the collection of the goods themselves.

12.2. In case of separate delivery of multiple Products, ordered by the Consumer Customer with a single order, or of multiple lots or multiple pieces constituting a single Product, the term of 14 days for exercising the right of withdrawal starts from the day the last Product or lot and/or piece was received.

12.3. The term is considered respected if before its expiration the Consumer Customer sends the Seller a letter or another communication on a durable medium (e.g. email) to one of the addresses indicated on the “contacts” page, in which they explicitly declare their intention to exercise the right of withdrawal. To communicate withdrawal from the contract, the Customer, if they wish, can freely choose to use the form available at the following link.

Or write an email to customer service ([email protected]), reporting the following:

I hereby communicate withdrawal from the sales or supply contract relative to the following product __________

Order number: _______

Ordered on: _______

Delivered on: ___________

First and Last Name: _______

Address: ______

Telephone: ____________

E-mail associated with the account from which the order was placed: ____________________

Date: __________

Signature: _________

12.4. Within the same 14-day term, the Consumer Customer has the right to unpack and test the goods in a manner similar to what happens for a purchase in a normal physical store, to the extent necessary to determine the nature, properties, and functionality of the purchased Products. The buyer remains however responsible for the reduction in value of the Products that occurred as a result of such handling, where it exceeds that necessary to determine the nature, properties, and functionality of the Products themselves.

12.5. In the 14 days following the withdrawal communication referred to in paragraph 2, the Consumer Customer is required to return the good to the Seller, returning it or shipping it back to the Seller or to a person authorized by the Seller at the following address: GYMBEAM ITALY S.R.L., with registered office in Via Carlo Jucker 6 – 20025 Legnano (MI). It is recommended, but not mandatory, to return the goods together with a copy of the form referred to in art. 12.3., filled out in its entirety, in order to speed up the processing of the withdrawal.

12.6. The return of the goods takes place at the care and under the responsibility of the Consumer Customer. In any case, the direct costs for returning the Products are at the expense of the Seller.

12.7. The goods must be returned by the Consumer Customer complete and accompanied by relative documentation, not damaged, clean, possibly including the original packaging, instructions, labels, in the conditions and value in which they were received.

12.8. In case of correctly exercised withdrawal and return, the Seller will return to the Consumer Customer all payments made in relation to the purchase of the products for which they exercised withdrawal, including shipping costs. The Seller is however not required to refund shipping costs in the event that at the time of order the Consumer Customer chose a type of delivery other than the least expensive type of standard delivery offered by GymBeam.

12.9. The refunds referred to in art. 12.8 will be made no later than 14 days from the day the Seller was informed of the Consumer Customer's decision to withdraw from the Contract. In any case, the Seller may suspend the refund until the products for which the Consumer Customer exercised withdrawal have been delivered to it or until the Consumer proves they have sent them back.

12.10. The above refunds will be made using the same means of payment used by the Consumer Customer for the initial purchase, unless otherwise agreed between the parties. In any case, the Consumer Customer will not have to bear any cost or additional commission in relation to such refunds.

12.11. The Consumer Customer accepts and acknowledges the fact that if along with the purchased goods the Seller has sent and provided gifts or free products, in case of withdrawal from the contract, they are required to return the purchased goods together with the gifts or free products provided by the Seller. In the event that gifts or free products are not returned, their value will be considered as unjustified enrichment of the Consumer Customer to be compensated to the Seller.

12.12. The Consumer Customer acknowledges that the Seller will not accept the return in the event that the returned Product proves to be damaged, malfunctioning, tampered with, excessively worn or frayed, incomplete, lacking integral elements (accessories, parts, etc.) or accompanying documentation (original proof of purchase, warranty certificate, instructions for use, etc.), or lacking gifts provided together with the goods. In such cases, the Seller will not make any refund and/or will return the purchased Product to the Customer charging them shipping costs, reserving the right to act for compensation for any damages suffered. The Seller specifies that, before every shipment, it documents the completeness and integrity of the shipped goods.

12.13. The Customer acknowledges and accepts that withdrawal from a signed subscription does not involve the return of the amounts relative to Products already received.

13. Cases of exclusion of the right of withdrawal by the Consumer Customer

13.1. Subject to cases where it is otherwise agreed between the Parties, the Consumer Customer acknowledges and accepts that they lose the right of withdrawal provided by art. 12 and cannot exercise it relative to:

(a) service provisions completely executed by the Seller. If the service provision has not been completely executed and the Consumer withdraws from the contract, they are however obligated to pay the Seller an amount proportional to what has been executed up to the moment of withdrawal;

(b) supply of goods packaged according to the particular needs of the Consumer and/or made-to-measure and/or clearly personalized;

(c) sale of goods that risk deteriorating or expiring rapidly. This category includes all food Products (including supplements and drinks) whose characteristics are subject to alteration even as a result of inappropriate storage;

(d) supply of sealed Products that have been opened after delivery and are not suitable for being returned for hygienic reasons or those connected to health protection;

(e) supply of sealed food products, once opened;

(f) supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

(g) supply of sealed audiovisual products or computer software, which were opened after delivery;

(h) supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with their acceptance of the fact that in such case they would lose the right of withdrawal.

13.2. In particular, and subject to what is provided in art. 13.1., the Customer acknowledges and accepts expressly that due to the nature of the Products, goods sold in the “SPORTS NUTRITION” and “FOOD” section cannot be returned if the goods have been unpacked, used or if they show signs of use. In such cases, the Customer acknowledges and accepts that they lose and in any case cannot exercise the right of withdrawal.

13.3. The User acknowledges and accepts to lose the right of withdrawal after downloading or using a digital Product.

13.4. For more clarification contact the Seller at the addresses indicated on the "Contacts" page.

13.5. The Professional Customer cannot use, in any case, any right of withdrawal.

14. Warranties

14.1. Professional Customers exclusively enjoy the ordinary warranties provided by law, with relative terms, forfeitures and limitations. Professional Customers do not enjoy the warranty for lack of conformity referred to in art. 14.2. and referred to in national and/or international consumer protection rules.

14.2. Only Consumer Customers enjoy both the ordinary warranties provided by law and the conformity warranty provided by national and/or international consumer protection rules, with the terms of forfeiture, prescription terms, exceptions and exclusions respectively provided therein. By virtue of such warranty, in case of lack of conformity of material or digital Products, which manifest within two years following delivery of the material Product or provision of the digital Product, or which manifest within one year in case of used Products, the Consumer Customer has the right to free restoration of conformity of the good or to an adequate price reduction or termination of the contract.

14.3. . Warranty Exclusions. Are excluded from the scope of application of the Legal Warranty referred to in art. 14.2:

any defects determined by modifications made on the product by the Customer or by third parties for them as well as any modifications or tampering on the Products;
accidental events or by responsibility of the Customer, by use of the product not compliant with its intended use and/or with what is provided in the technical documentation attached to the product, by tampering with the product by third parties whom the Customer relied upon for installation or repair;
factors alien to the normal use of the product, such as for example use of inappropriate accessories or those prohibited by manufacturers, falls, water, fire or incorrect or abusive use by the Customer or third persons not authorized by the manufacturer;
for defects of which the Customer was already made aware.

14.4. Consumer remedies. In case of lack of conformity, the Consumer Customer has the right to obtain, where possible:

a) the restoration of conformity, by replacement or repair of only the defective components;
b) or the proportional price reduction
c) or the termination of this Contract.

14.5. Restoration of conformity. For the purposes of restoring conformity of the good, the Customer can choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all circumstances and, in particular, the following:

a) the value that the good would have in the absence of the lack of conformity;
b) the extent of the lack of conformity and
c) the possibility of pursuing the alternative remedy without significant inconvenience for the consumer.

14.6. Proportional price reduction or termination of the Contract. The Consumer Customer has the right to a proportional price reduction or to termination of the Contract:

a) if the Seller has not carried out repair or replacement;
b) if a lack of conformity manifests, despite the attempt at restoration;
c) if the lack of conformity is so serious as to justify price reduction or Contract termination;
d) if the Seller has declared or it clearly results from the circumstances, that it will not proceed to restore conformity of the good within a reasonable period or without significant inconvenience for the Consumer Customer.

The Consumer Customer does not have the right to terminate the contract if the lack of conformity is only of minor importance. It is up to the Seller to establish minor importance.

In case of price reduction, it will occur in proportion to the decrease in value of the Product.

14.9. Warranty for Professional Customers. Remember that in case of purchase by a Professional Customer, the Warranty provided by the Civil Code applies, which considers as non-conforming products those that present defects such as to make them unsuitable for use or that are such as to significantly decrease their value. The remedies pursueable are: price reduction or termination of the sales contract. In such case the professional must report the defect within 8 (eight) days of its discovery and in any case within 1 (one) year from delivery.

14.10. Should the Consumer Customer intend to use the remedies provided by the conformity warranty they must send a communication to one of the addresses indicated on the "Contacts" page. The Seller will promptly respond to the Consumer Customer's communication and will indicate the specific procedure to follow.

14.11. The purchase receipt serves as a warranty certificate.

15. Security and protection of personal data

15.1. In the processing of personal data, the Seller undertakes to comply with current legislation on the matter. Detailed information on how the seller collects, processes and protects Customer personal data is contained in the Conditions for processing personal data document accessible on the Site and in any case viewable and storable at any time before the conclusion of the Contract.

15.2. For the purpose of preventing criminal activities and minimizing damage, the Seller reserves the right to refuse orders from a blocked IP address and/or in case this IP address is on the so-called “black list”. In case of problems with the order, the buyer can contact the seller via email at [email protected]

Art. 16. Industrial and intellectual property rights

16.1. The domain name of the Site is the property of the Seller. The Site and its elements are the exclusive property of the Seller and/or respective holders of intellectual property and/or copyright rights over them.

16.2. The Site in its entirety, like its individual elements (photographs, texts, videos, logos etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Law on Copyright. Any total or partial reproduction, download, modification or use of the brand, videos, logo, and every other element present on this site, for any reason and on any support, is strictly prohibited without the prior written consent of the Site Seller or the respective owners.

16.3. Use of the Site, or the purchase of Products present in the Seller's catalog on the Site and in any case included in the Seller's commercial offer, does not confer on the Customer, unless otherwise and expressly authorized, any right to use marks, intellectual works, distinctive signs, trade names, company logos, patents, denominations, images, photos, texts and every other material and immaterial good present or reproduced on the Site and protected by national and international rules for the protection of industrial and intellectual property. The aforementioned are and remain the exclusive property of GymBeam or possible third-party owners.

Art. 17. Links to third-party sites

17.1. The Site could contain links to third-party sites or applications. The Seller does not exercise any control over them and, therefore, is not responsible in any way for the contents of these sites/applications.

17.2. Some of these links could point to third-party sites or applications that provide services through the Site. In these cases, the general conditions for the use of the site/application and for the enjoyment of the service prepared by third parties will apply to individual services, with respect to which the Seller assumes no responsibility.

Art. 18. Customer Account and Distributor Account

18.1. Access credentials to the Customer Account and/or the Distributor Account are strictly personal. The Customer is required to keep them with confidentiality and diligence and not to communicate them to others.

18.2. In case of theft, loss, subtraction or forgetting, even partial, of the Account access credentials, the Customer is required to give immediate communication to the Seller, under penalty of compensation for all damages caused to GymBeam and/or third parties.

Art. 19. Complaints and assistance

19.1. For any need, request or controversy that could arise in relation to the interpretation or application of these General Conditions and/or with respect to Products and/or Contracts entered into between the Parties and/or in relation to the relationships between the Parties themselves, Customers can present questions, requests for assistance or complaints to GymBeam at the addresses indicated in the "Contacts" section.

19.2. The Seller will respond to complaints in the shortest time possible and in any case within 2 working days from receiving them.

Art. 20. Positioning

20.1. For search of Products by Customers, the Seller shows search results based on a predefined positioning. The algorithm used for such predefined positioning order attributes relevance to price in ascending order and to the Product category.

Art. 21. Reviews

21.1. Reviews published on the Platform are collected through the GymBeam Trustpilot page to whose policy reference is made to better understand the origin of reviews and the activities we can and cannot carry out on them.

Art. 22. Applicable law and competent forum

22.1. Without prejudice to any mandatory rules applicable for the protection of Consumer Customers, these General Conditions and the relationships arising from the Contract are regulated by Italian substantive and procedural law and the relative controversies are devolved to the Judge of the place where the consumer has residence or has elected domicile.

22.2. In any case, the right to appeal to the competent Judicial Authority remains.

22.3. These General Conditions are valid and effective from 15/02/2026 and cancel and replace every previous version.