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Updated and effective March 26, 2020
These Les Mills Terms and Conditions for Online Sale and Purchase of Equipment (the “Purchase Terms”) set forth the terms pursuant to which Les Mills US Trading Inc. (referred to as “Les Mills,” “us,” “we” or “our” as the context may require) offers and sells any Les Mills’ equipment (“Equipment”) to you, as offered through the website (https://shop.lesmills.com/us) (or any subsequent URL that may replace it) (the “Site”) or through a Les Mills sales representative by phone, email or in person (each, together with the Site, a “Sales Channel”). Les Mills and you may be referenced individually as “party” or collectively as “parties.” An “Order” shall mean when you place an order or purchase any Equipment through any Sales Channel and we accept your order in accordance with clause 9. These Purchase Terms will constitute the contract between you and Les Mills for the sale of the applicable Equipment (the “Contract”). You should print a copy of these Terms of Sale at the time you purchase any Equipment or save them to your computer for future reference. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR LES MILLS EQUIPMENT YOU ACCEPT AND ARE BOUND BY THESE PURCHASE TERMS.
YOU MAY NOT ORDER, PURCHASE OR OBTAIN LES MILLS EQUIPMENT IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, (C) ARE UNABLE TO OPERATE THE EQUIPMENT SUBJECT TO CLAUSE 3 OR THE INSTRUCTIONS THAT ARE INCLUDED WITH THE EQUIPMENT, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES, INCLUDING THE EQUIPMENT, BY APPLICABLE LAW.
When you purchase any Equipment from us, you will be bound by these Purchase Terms, and the date of purchase shall constitute the “Effective Date” of the Contract. For the avoidance of doubt, the Purchase Terms in the Contract agreed upon by you and us as of the Effective Date shall apply even if there are future revisions to the Purchase Terms.
The images of the Equipment on our Site, and in any other marketing materials that we provide in connection with the Equipment, are for illustrative purposes only. Although we have made reasonable effort to display colors on our Site accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Equipment, or that the images of the Equipment depict the Equipment with complete accuracy. Your Equipment may vary slightly from those images.
Gift cards expire 5 years after purchase unless otherwise required by applicable law. Promotional offers or discounts do not apply to the purchase of gift cards. Gift cards cannot be redeemed or exchanged for cash except where required by law. Gift cards cannot be used to purchase another gift card. No change or refund will be given, except in accordance with your statutory rights. We are not able to replace or replenish gift cards that are lost, stolen or used without authorization. If the amount of your gift card(s) does not cover the total order amount, the remainder of the purchase balance can be paid with an accepted alternate form of payment. Any balance remaining on the gift card may be applied to future purchases, provided the gift card has not expired. We ask that you safeguard your card and treat your gift card as you would cash. Do not share your gift card code. Gift cards may only be redeemed for products on the US equipment store at https://shop.lesmills.com/us/.
We use the information you provide to us when you place an order or purchase Equipment in accordance with our Privacy Policy https://shop.lesmills.com/us/privacy-policy/. Please take the time to read our Privacy Policy as it includes important terms which apply to you and our use of your information.
This clause 8 only applies if you are a business, and not an individual consumer.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Contract, for any failure to perform, or delay in performance of, any of our obligations under this Contract is caused by any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
This clause 16 only applies if you are a business customer.
If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
This clause 17 only applies if you are a consumer.
We will be responsible for paying for individual consumer’s arbitration fees. If you prevail on any claim that affords the prevailing party attorney’s fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
Les Mills United States Trading, Inc.
Address: 433 W Van Buren St. Suite 11-K Chicago, IL 60607
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