Gumrs Fitness and Nutrition Pty (Ltd)
Terms & Conditions
Please take a moment to read these terms and conditions including our policies (“Terms”) to understand how they apply to your use of our website and any products or services that may you may order online.
If you have any questions regarding our website, the Terms, products or services, please to contact us at 069 724 4583
- GENERAL – TERMS & CONDITIONS
Website details
- The Gumrs Fitness and Nutrition Pty (Ltd) website at gumrs.com is owned and operated by Gumrs Fitness and Nutrition Pty (Ltd) “Gumrs”), a company registered in the Republic of South Africa under company registration number 2022/6596/35.
Terms and conditions apply
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These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted
by law. Please do not use our website if you do not agree to be bound by these Terms.
Change in terms
- We may periodically update or change the Terms of this website without giving you prior notice. You should check them regularly, as your continued use of our website means that you accept any updated or revised Terms.
Applicable law
- This agreement is governed by the laws of the Republic of South Africa.
Use of our website
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You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any
links to our website from any other site whatsoever, is strictly prohibited. - You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
- We use cookies to identify the computer device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorized use.
- We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
- Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Privacy policy & Information Security
- Your privacy is very important to us and therefore any information that you upload on our website will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our website makes use of ‘cookies’ which collect data about the device that you use to access our website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law.
- Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.
- You may visit the website without providing any personal information. The website servers will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. Gumrs uses this information to determine the use of the website, and to improve the content thereon.
- Any credit card would be asked for 3D secure enrolment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank.
- No unauthorized access to the payment pages site will be permitted. Only Gumrs as a known entity will be allowed to direct encrypted payloads to the Payment pages.
- Your privacy is our top priority! Therefore, we will never resell your information to third parties.
- You may visit the website without providing any personal information. The website servers will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. Gumrs uses this information to determine the use of the website and to improve the content thereof. Gumrs also uses this information for marketing purposes, to ensure we provide content that is of interest to you. You can at any given time, choose to opt out of receiving any marketing material.
Accuracy of website content, prices, product descriptions and images
- All reasonable steps are taken to ensure that the information on our website, social media channels and email marketing is accurate and up-to- date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Errors and omissions excepted (E&OE)
- Gumrs reserves the right to limit the quantities of any item offered for sale on the Gumrs online store.
- Sale products may vary from photographs.
- Offers may not be available at all stores including the Gumrs online store.
- Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
Your comments
- We value your comments, ideas, suggestions and feedback (‘your Comments’) via our website. We will not compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.
- You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
Intellectual Property
- All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
Use of our logos, content and images
- You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
Advertising
- Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
Disclaimers and Exclusions of Liability
- Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services.
- You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services.
- In the event that any clause contained in these Terms is invalid or unenforceable, then such clause shall not affect the validity or enforceability insofar as the remaining clauses of these Terms are concerned.
- We shall not be regarded as having waived, or be precluded from exercising any right under these Terms by reason merely that we have provided any indulgence to you or we fail to exercise or delay exercising any right we may have, whether the same right or any other right.
- ONLINE SHOPPING – TERMS & CONDITIONS
These online shopping terms and conditions apply to all purchases ordered online at gumrs.com. Please read them carefully and print a copy for future reference.
You are required to register with us once you have placed your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.
Online Registration
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To register you will be required to provide certain information including personal details and your delivery address. When registering, you will be required to choose a UserID and a password. Please keep your password private. Gumrs accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your user ID and password each time you
visit our online shopping site. To amend any registration particulars please click on MY ACCOUNT and edit your details.
Product Sales and Availability
- All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
- We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
- Gumrs reserves the right to limit the quantity of any item offered for sale.
Gumrs Website Content Errors
- We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.
Gumrs Website Pricing Policy
- At Gumrs, we are committed to offering our customers the most competitive prices. Therefore, prices shown on the Gumrs website are exclusive to the website and may vary from the prices set in other local stores.
- Prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Bonus buys will not be available online.
- A delivery fee may be charged for each order placed by you and will be shown on the online till slip as a separate item.
Methods of Payments
- We will debit the total value of your online order against the payment card tendered by you during the check out process. Payment will be effected on acceptance of your order and prior to delivery.
- By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
Stock Availability
- We cannot always guarantee availability of stock.
- If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered. See Refunds and Returns.
Confirmation of Orders
- Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Delivery
- Gumrs delivers from Monday to Friday, between 08:00 and 17:00.
- Deliveries will take place 3 – 7 working days from when your order has been placed and paid for.
- No deliveries will be made on weekends and public holidays. We will use our best endeavours to effect deliveries within the above stated time.
- On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any non-available items, the delivery fees, Value-Added Tax and the amount debited from your payment card.
- For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternate delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge.
- Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorized representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
Online shopping delivery personnel
- We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
Refunds and Returns Policy
- If you are for any reason dissatisfied with an item purchased from our website you may return it to Gumrs for a full refund, replacement or exchange, provided you have the original tax invoice, and items are returned within 6 (six) months of purchase, provided that the product has not expired within such time.Should you not have an invoice, we will be happy to exchange your purchase at the current system price.Please phone Customer Services on 069 724 4583. We do not guarantee that you will be automatically refunded. The decision to refund is solely at the discretion of the manager of the store where you return the product, having inspected the condition of the item returned.
- Please note Gumrs will not accept any returns of any products of which the packaging has been removed, opened or tampered with, and products of a personal nature due to hygiene and sanitary considerations.
Cancellation
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If for any reason you would like to cancel an order you may contact our Customer Services Centre on 069 724 4583. While any cancellation of orders will be accepted at our sole and absolute discretion and we provide no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify us of your intention to cancel prior to dispatch
of the order in question. We reserve the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.
- PROMOTIONAL – TERMS & CONDITIONS
Online Store Specials and Promotions:
- All offers are while stocks last.
