Terms of service

Version of 22 September 2026. These terms are drawn up in French. An English translation is provided for information purposes; in the event of any discrepancy between the two versions, the French version prevails.

Article 1. Purpose and scope

These general terms of sale govern all sales concluded on the mergaux.net website by MERGAUX SARL-S, a simplified private limited company under Luxembourg law, with its registered office at 8, avenue Marie-Thérèse, L-2132 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B283922, hereinafter "Mergaux", "we".

They apply to every order placed by a customer, whether acting as a consumer, meaning a natural person acting for purposes outside their trade or profession, or as a professional.

Some provisions benefit consumers only; they are expressly identified as such. Provisions applying to professionals only are identified in the same way.

Placing an order implies full acceptance of these terms. Any contrary condition put forward by the customer, in particular their own general terms of purchase, cannot be enforced against us unless we accept it in writing.

We reserve the right to amend these terms at any time. The terms applicable to an order are those in force on the day it is placed, a copy of which is attached to the order confirmation.

Article 2. Products

We design and manufacture streetlifting and strength training equipment for sporting use: competition platforms, dip stations, pull-up bars, attachments and accessories.

The essential characteristics of each product are set out on its product page: dimensions, materials, wall thickness, rated loads, delivery contents and manufacturing lead time. We make every effort to present products as accurately as possible.

Photographs, 3D renderings and illustrations are for illustration only. Colours displayed on screen may differ from the actual shades depending on your device settings. For a custom colour, only the agreed RAL reference is binding.

The stated rated loads result from a structural calculation carried out according to standard EN ISO 20957-2, safety factor included. They correspond to the working load, athlete and added weight included, and not to a breaking load.

Our products are intended for sporting use by people in good physical condition, in accordance with the instructions provided. They are not intended for people under sixteen without adult supervision.

Article 3. Products made to order, made to measure or personalised

We do not keep stock of finished machines. Unless stated otherwise on the product page, each machine is manufactured after the order.

The following are considered made to the customer's specifications or clearly personalised:

a) products whose dimensions are based on measurements supplied by the customer, in particular the ApexGrip bar, whose length is determined by the inside width of the customer's rack;
b) products ordered in a colour other than the standard colours;
c) products bearing a logo or marking supplied by the customer;
d) products resulting from a specific design study validated by quotation.

For these products, the right of withdrawal provided for in Article 8 does not apply, in accordance with Article L.222-9 of the Luxembourg Consumer Code. This exclusion is expressly brought to your attention before you confirm your order, and you must explicitly acknowledge it to proceed.

This exclusion in no way affects the legal guarantee of conformity or the guarantee against hidden defects described in Article 10.

For made-to-measure products, you are responsible for the accuracy of the measurements you send us. We provide a measuring guide and invite you to send us a photograph of the relevant area before confirmation. If a measurement is clearly doubtful, we contact you before starting production. A measuring error on your part gives no right to exchange or refund, but we will always offer you a technical solution.

Article 4. Orders

4.1 Standard orders. Orders are placed directly on the website. You select your products, check the summary, accept these terms and proceed to payment. A confirmation email is sent to you, setting out the order details, the total price, the stated lead time and a copy of these terms. The sale is concluded upon receipt of this email.

Before confirming, you have a detailed summary allowing you to check and correct any input errors.

4.2 Orders by quotation. ApexStage platforms, multiple-machine orders and special requests are subject to a quotation. Where appropriate it is preceded by a technical discussion and may include a 3D design. The quotation states the price, the lead time, the delivery terms and its period of validity. The sale is concluded when the quotation is signed and any agreed deposit is paid.

4.3 Extended design studies. When a project requires a design study exceeding ten hours of work, we inform you before committing those hours and submit a costed study agreement. No study fees can be charged to you without this prior written agreement. If you then sign the manufacturing quotation, the study fees are deducted from it.

4.4 Unavailability. If a product turns out to be unavailable after the order, we inform you without delay and offer you, at your choice, a revised lead time, an equivalent product or a full refund. The refund is made no later than fourteen days after your decision.

4.5 Refusal of orders. We reserve the right to refuse or cancel an order for a legitimate reason, in particular an unresolved prior dispute, suspected fraud, an obvious pricing error within the meaning of Article 5, or an order clearly intended for unauthorised resale. You are informed and refunded in full.

Article 5. Prices

Prices displayed on the website are in euros, including all taxes, based on the applicable value added tax rate. The tax amount is detailed at checkout.

The applicable rate is determined at checkout according to the delivery country, under the intra-EU distance selling rules. The final price may therefore vary slightly depending on your country.

Delivery costs are not included in the product price unless expressly stated otherwise on the product page. They are calculated and displayed before payment is confirmed, and you can never be bound without having been informed of them.

Deliveries outside the European Union. The order is processed without VAT. Customs duties, import taxes and carrier handling fees are payable by you and are claimed directly by the authorities or the carrier. Check their amount before ordering.

Professional customers in the European Union. Upon provision of a valid and verifiable intra-EU VAT number, the invoice is issued without VAT, the tax being payable by the customer under the reverse-charge mechanism. The number is checked when the order is placed; if it proves invalid, VAT remains due.

Pricing errors. In the event of an obvious pricing error, meaning a price that is clearly wrong compared with the product's usual price, we inform you as soon as possible and offer either to confirm the order at the corrected price or to cancel it with a full refund. No order is changed unilaterally.

Article 6. Payment

The following payment methods are accepted: payment cards (Visa, Mastercard, American Express depending on availability), digital wallets offered at checkout, and bank transfer for orders by quotation and professional customers.

Card payments are processed by our payment provider in a secure environment. We never have access to your card details and do not store them.

Payment is due when the order is placed for standard orders. For orders by quotation, the terms are set out in the quotation; unless otherwise agreed, a deposit is paid on signature and the balance before shipment.

We retain ownership of the products until the price has been paid in full. The transfer of risk is governed by Article 7.

Late payment between professionals. In accordance with the Law of 18 April 2004 on payment periods, any late payment by a professional customer automatically and without formal notice gives rise to late-payment interest at the applicable statutory rate, and to a fixed compensation of forty euros for recovery costs, without prejudice to compensation for further damage.

Article 7. Delivery and transfer of risk

Full details are set out in our shipping policy, which forms an integral part of these terms.

Lead time. The indicative manufacturing lead time is six to eight weeks from order confirmation or quotation approval, excluding transport time. A different lead time may be stated on a product page; it then prevails.

Delay. If we do not deliver within the stated time, you may ask us in writing to deliver within a reasonable additional period. If we fail to do so within that period, you may terminate the contract and obtain a full refund no later than fourteen days after your notification. Your statutory rights in the event of late delivery are not affected.

Transfer of risk. For a consumer, the risk of loss or damage passes when you, or a third party other than the carrier designated by you, take physical possession of the goods. If you entrust delivery to a carrier of your choice that we did not offer, the risk passes on handover to that carrier.

Inspection on delivery. Check the condition of the shipment in the presence of the carrier. In the event of damage or missing items, record precise and detailed reservations on the delivery note, refuse the delivery if the damage is significant, and inform us as soon as possible by email at contact@mergaux.net quoting your order number. Generic reservations such as "subject to unpacking" carry no weight with a carrier.

The absence of reservations does not deprive you of the legal guarantee of conformity, but it makes recourse against the carrier much harder. For a professional, the absence of reservations within the legal time limits constitutes acceptance of the delivery.

Partial deliveries. We may make a partial delivery and bear any additional costs resulting from it. The cost of a second delivery attempt made necessary by you, in particular absence or incorrect access information, may be charged to you at actual cost.

Withdrawal, cancellation and returns

Article 8. Consumer right of withdrawal

8.1 Principle. If you are a consumer, you have fourteen days to withdraw from a distance contract without giving any reason and without incurring any costs other than those set out below.

The period runs from the day on which you, or a third party other than the carrier designated by you, take physical possession of the last item in the order.

8.2 Exceptions. In accordance with Article L.222-9 of the Consumer Code, the right of withdrawal does not apply to goods made to your specifications or clearly personalised. This covers:

• bars and parts made to the dimensions of your equipment, in particular the ApexGrip bar;
• products ordered in a colour other than the standard colours;
• products bearing your logo or a marking you supply;
• products resulting from a specific design study validated by quotation.

This exclusion is stated clearly and separately on the product page and before you confirm your order. It does not affect your rights if a product is faulty or not as described: the legal guarantee applies to these products exactly as it does to any other.

8.3 How to withdraw. Tell us of your decision by an unambiguous statement, by email to contact@mergaux.net or by post to MERGAUX SARL-S, 8, avenue Marie-Thérèse, L-2132 Luxembourg. You may use the model form below, but you are not obliged to. It is enough that you send your notification before the period expires.

8.4 Returning the goods. Send back or hand over the goods without undue delay and no later than fourteen days after telling us of your decision. You bear the direct cost of returning them. For bulky machines shipped on a pallet this cost can be significant; at your request, we can arrange collection and tell you the cost in advance.

Keep the original packaging if possible: a return without suitable protection exposes the goods to damage for which you are liable.

8.5 Refund. We refund all payments received, including standard delivery costs, without undue delay and no later than fourteen days from the day we are informed of your decision. If you chose a delivery method more expensive than our standard offer, we only refund the cost of standard delivery.

The refund is made using the same means of payment as the original transaction, unless otherwise agreed, and at no cost to you. We may withhold the refund until we have received the goods back or you have supplied proof of having sent them, whichever is earlier.

8.6 Diminished value. You may handle and try the goods as you would in a shop, to establish their nature, characteristics and functioning. This includes assembling them, adjusting them and testing the mechanism.

You are only liable for diminished value resulting from handling that goes beyond this: prolonged use, permanent floor fixing, drilling, cutting, deep scratches in the coating, or modification. In that case, we deduct an amount corresponding to the actual loss in value, which we justify in writing with photographs. We apply no flat rate and no automatic percentage.

Model withdrawal form

Only complete and return this form if you wish to withdraw from the contract.

To MERGAUX SARL-S, 8, avenue Marie-Thérèse, L-2132 Luxembourg, contact@mergaux.net:

I hereby give notice that I withdraw from my contract of sale of the following goods:

Ordered on ……………… / received on ………………
Order number: ………………
Name of consumer: ………………
Address of consumer: ………………

Signature of consumer (only if this form is notified on paper): ………………

Date: ………………

Article 9. Returns by professional customers

The right of withdrawal does not apply to professionals. As a commercial gesture and without being obliged to, we accept the return of an unused standard product, in its original packaging, within four weeks of receipt, on the following conditions:

• contact us in writing before any return; no unannounced return is accepted;
• state the company name, the order number and whether you want an exchange or a refund;
• return shipping at your expense; unpaid shipments are refused;
• only the value of the goods is refunded, excluding the original delivery costs;
• made-to-measure and personalised products and ApexStage platforms are excluded.

Processing a return usually takes seven to ten business days from receipt.

Faulty or non-conforming products

A product that is not as described, faulty or delivered in error is not an ordinary return. We arrange and pay for its collection, and you pay nothing upfront. See Article 10 on guarantees.

When a claim is opened with a carrier, we can only refund or replace once the carrier has investigated and closed the case. We keep you informed of its progress.

Guarantees

Article 10.1. Legal guarantee of conformity

We are liable for any lack of conformity existing at the time of delivery and becoming apparent within two years of delivery, in accordance with Articles L.212-1 et seq. of the Luxembourg Consumer Code implementing Directive (EU) 2019/771.

Goods are in conformity if they match the agreed description, quantity, quality and characteristics, are fit for the purpose for which such goods are normally used, and are delivered with the accessories and instructions you can reasonably expect.

Any defect appearing within twelve months of delivery is presumed to have existed at that date, unless we prove otherwise and unless this is incompatible with the nature of the goods. You therefore have nothing to prove during that period.

In the event of a lack of conformity, you are entitled to have the goods brought into conformity (repair or replacement, at your choice, unless the chosen option is impossible or would impose disproportionate costs). This is free of charge: we bear the shipping, labour and parts costs, and we take the goods back at our expense.

If conformity cannot be restored, is not restored within a reasonable time, causes significant inconvenience, or the defect reappears, you may obtain a price reduction or terminate the contract with a refund, unless the defect is minor.

This guarantee applies to all our products, including made-to-measure and personalised products, for which the exclusion of the right of withdrawal changes nothing.

No clause in these terms may be interpreted as limiting or excluding this guarantee.

Article 10.2. Guarantee against hidden defects

Independently of the above, you benefit from the guarantee against hidden defects under the Civil Code for defects that are not apparent and make the goods unfit for their use, or reduce that use so much that you would not have bought them, or would have paid a lower price.

Article 10.3. Our commercial guarantee: two years

In addition to the legal guarantees and without replacing them, we grant a two-year commercial guarantee on our entire range from delivery, covering defects in material, welding and workmanship.

It commits us to repair or replace, at our choice, any part showing such a defect, parts and labour included. It is valid in every country we deliver to and passes with the goods if they are resold.

To use it: write to contact@mergaux.net with your order number, a description of the problem and photographs. We reply within two business days.

What the commercial guarantee does not cover:

• normal wear from use, in particular surface wear of the coating at contact and loading points;
• cosmetic damage caused by impacts, in particular powder-coating chips caused by plates; the coating protects the steel, it is not designed to absorb metal-on-metal impact;
• changes in the surface appearance of the blasting on stainless steel bars, which develops a patina with use;
• corrosion resulting from outdoor storage or storage in a damp, unventilated room;
• damage resulting from assembly not following the instructions, or from modification, drilling, cutting or welding carried out by you;
• damage resulting from use beyond the stated rated loads;
• damage resulting from lack of maintenance, in particular failure to check fastenings periodically.

These exclusions apply to our commercial guarantee. They do not reduce your legal guarantees in any way: a lack of conformity within the meaning of Article 10.1 remains covered whatever happens.

Article 10.4. Maintenance

Our machines need little maintenance, but they do need some. Check that the bolts are tight after the first few weeks of use and then every three months, clean surfaces with water and mild soap without solvents or abrasives, brush stainless steel bars with a nylon brush to remove chalk, and store the equipment away from damp.

The instructions supplied with each machine describe these operations. Clear lack of maintenance may prevent the commercial guarantee from applying.

Article 11. Liability and use of the equipment

Strength equipment is used under the user's own responsibility. By using our machines, you acknowledge that you have read the instructions and safety guidelines provided and undertake to follow them.

We recommend consulting a health professional before starting a training programme, in particular if you have a history of joint or cardiovascular problems.

We cannot be held liable for damage resulting from improper use, assembly not following the instructions, exceeding the rated loads, lack of maintenance, or modification of the equipment.

We are liable for foreseeable damage resulting from a breach of our contractual obligations. Our liability for indirect material damage is limited to the amount of the order concerned.

No limitation applies in cases of fraud, gross negligence, harm to life, body or health, or where the law prohibits it, in particular under liability for defective products.

Article 12. Force majeure

Neither party is liable for a failure resulting from a force majeure event, in particular a natural disaster, armed conflict, decision of an authority, general transport strike or a disruption in steel supply beyond our control. We inform you without delay. If the impediment lasts more than sixty days, either party may terminate the contract, and sums paid are returned.

Article 13. Complaints, mediation and governing law

13.1. Any complaint must first be sent to us in writing at contact@mergaux.net. We acknowledge receipt within two business days and aim to give a reasoned reply within fifteen days.

13.2. If no amicable solution is found, consumers may refer the matter free of charge to the Service national du Médiateur de la consommation (National Consumer Mediation Service), 6, rue du Palais de Justice, L-1841 Luxembourg, telephone (+352) 46 13 11, email info@mediateurconsommation.lu, website www.mediateurconsommation.lu. Mediation is optional and is only admissible after an attempt to settle the matter directly with us.

13.3. These terms are governed by Luxembourg law. For professional customers, any dispute falls under the exclusive jurisdiction of the courts of Luxembourg City.

13.4. If you are a consumer, this choice of law cannot deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence, and you retain the right to bring proceedings before the courts of that country.

Article 14. Miscellaneous

If any clause of these terms is held to be void or unenforceable, it is deemed unwritten and the other clauses remain in full effect. Failure to rely on a clause does not constitute a waiver of the right to rely on it later. Article headings are for convenience only.

These terms, the shipping policy, the refund policy and the privacy policy form the entire agreement between the parties and replace any prior agreement on the same subject.