General Terms and Conditions

APPLICATION OF GENERAL TERMS AND CONDITIONS

This website is operated by Mergaux SARL-S. Throughout the site, the terms “we”, “us” and “our” refer to Mergaux SARL-S.  Mergaux offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not directly accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ORDER

Standard orders can be placed directly through our website. Once your order is placed, you will receive a confirmation email along with an agreement form to sign. In case a product is unavailable, we will inform you as soon as possible.

For orders requiring specific specifications, these will be established during a phone consultation, supported by a 3D conceptualization. A quote will then be sent to you for signature. This 3D conceptualization is a MERGAUX SARL-S intellect property and can be sued. Concerning unique project who needs more than 10 hours of desgin, it will be priced if the quote is not signed.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

INTELLECTUAL PROPERTY

All content on this site is the exclusive property of Mergaux SARL-S and is protected by intellectual property laws

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

PRICES AND PAYMENT, SHIPPING COST

Our product prices include statutory value added tax (VAT) for orders delivered within the EU, but do not include shipping costs. The customer bears shipping costs, duties and similar charges. The VAT rate will be determined at checkout and will depend on the shipping country. For orders delivered to countries outside of the EU, the order will be processed without VAT and the VAT amount due may be paid directly to the courier, who will charge an additional handling fee for the service of 10 to 20 € or more, depending on the order value.

Customers from outside the EU (not including Switzerland) please note that any import charges and taxes are the buyer's responsibility and one should investigate what the costs are before placing an order.

Obvious pricing errors are reserved.

Unless expressly otherwise agreed, we offer the following payment methods:

  • Bank transfer/prepayment

  • Cash

DELIVERY

The delivery timeframe depends on the complexity of the project, typically ranging from 4 to 8 weeks from the initial consultation to final delivery.

We collaborate with major transport groups to ensure timely delivery. Deliveries are made from Monday to Friday between 8 AM and 6 PM, within specific time slots determined by each carrier. The transporter will deliver to the front door of the house or building. Due to the weight of some equipment, assistance may be necessary. Please note that the delivery person is not responsible for the installation of the ordered equipment.

Delivery Method:

  • For products weighing less than 30 kg: Delivery is made via parcel using a van.

  • For products weighing over 30 kg: Delivery is made on a pallet using a large 7.5-ton truck (equivalent to a dump truck). If the configuration of your street does not allow for this type of delivery, it is imperative to inform us before placing your order. If no specifications are provided and the large truck is unable to deliver, a second delivery using a smaller vehicle will need to be arranged, and additional charges will apply.

Delivery Verification:

  • Upon receipt, please check that the ordered item matches what was delivered.

  • Also, ensure that the delivered product is in good condition in the presence of the transporter. If the delivery person refuses to wait for the complete unpacking of the merchandise, it must be clearly noted on the delivery slip before signing.

  • In case of any discrepancies or non-conformities, you are REQUIRED to make specific reservations by completing the form provided by the transporter, REFUSE the delivery, and contact us by email at contact@mergaux.net, specifying your order number.

If the goods are undeliverable or cannot be delivered on time as defined by these General Terms and Conditions, we will notify the customer immediately. In such cases, we will issue a refund for any payments made for those goods. The customer's statutory rights concerning delayed delivery are unaffected by this provision.

We are entitled to partial delivery of goods included in a single order, bearing any additional costs incurred as a result. However, we reserve the right to charge additional costs incurred for a second delivery attempt due to the buyer's fault.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Mergaux SARL-S, our officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mergaux SARL-S and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

DISCLAIMER CLAUSE

  1. Use at Your Own Risk The use of strength training equipment is solely the responsibility of the user. By using the machines, you acknowledge and agree that MERGAUX SARL-S disclaims any liability for any accidents, injuries, or property damage resulting from the use of the equipment, whether due to misuse, lack of maintenance, or handling errors.

  2. Safety Instructions Each user is required to read and adhere to the safety instructions and usage guidelines provided with each machine. MERGAUX SARL-S will not be liable for damages caused by non-compliance with these instructions or by inappropriate use of the equipment.

  3. Maintenance and Care Our equipment is regularly inspected and maintained to ensure proper functioning. However, MERGAUX SARL-S cannot be held responsible for injuries or damages resulting from prolonged or abusive use of the machines or from insufficient maintenance by the user after purchase or delivery.

  4. Medical Consultation Recommended It is strongly recommended that all users consult a healthcare professional before starting a training program with the strength training machines. MERGAUX SARL-S cannot be held liable for any injuries, medical complications, or health incidents that may occur during the use of the equipment, especially if the user fails to adhere to this recommendation.

  5. Absence of Additional Warranties The machines are provided as is, without any explicit or implicit warranties beyond those covered by the legal warranty. Under no circumstances shall MERGAUX SARL-S be liable for any direct or indirect damages resulting from the use of the machines, including but not limited to bodily injury, property damage, or financial losses.

LIABILITY CLAUSE IN CASE OF MATERIAL OR PRODUCTION DEFECT

Mergaux SARL-S acknowledges its liability in the event of a material or production defect affecting the strength training equipment, provided that this defect is reported within fourteen days after reception of the equipement. If such a defect is found, the user is required to immediately cease the use of the equipment and report it to Mergaux SARL-S. In the case of a proven defect, the company will take appropriate measures to repair or replace the defective equipment, or refund the customer, in accordance with the applicable legal warranty.

However, the liability of Mergaux SARL-S is limited to defects directly attributable to manufacturing or materials and excludes any damage or injury resulting from inappropriate use, improper installation, or lack of maintenance of the machine by the user.

GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with services are governed by and construed in accordance with Luxembourg law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. If unresolved, the dispute will be brought before the competent courts of Luxembourg.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

RETURN & CANCEP POLICY

Right of Withdrawal for Consumers: Personalized materials

In accordance with Article L.222-9 of the Luxembourg Consumer Code, consumers cannot exercise their right of withdrawal for contracts concerning the supply of goods made to the consumer's specifications or clearly personalized. Since these products are specially manufactured to meet specific needs, they cannot be returned or refunded, except in the case of non-compliance or defect.

Consequences of Cancellation

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than our most favorable standard delivery). We will issue this refund without undue delay and no later than fourteen days from the day we receive your notification of withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction, unless agreed otherwise. Under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.

Consumers have the right to cancel a contract for non-personalized goods within fourteen days without providing a reason. The cancellation period is fourteen days from the day you or a third party named by you (who is not the carrier) takes possession of the last goods.

To exercise your right of withdrawal, you must inform us (Mergaux SARL-S, 8, avenue Marie-Thérèse, L-2132 Luxembourg, Luxembourg. Email: contact@mergaux.net of your decision to withdraw from this contract through a clear declaration (e.g., a letter sent by post or an email). You may use the enclosed sample cancellation form, but this is not mandatory. You will bear the direct costs of returning the goods.

To comply with the cancellation period, it is sufficient for you to send the notification of your right of cancellation before the expiry of the cancellation period.

  1. Return Process for Entrepreneurs:

    Entrepreneurs can return unused/unworn goods within 4 weeks, in the original packaging, along with their full name, order number, and whether they want an exchange or a refund.

  2. Refund Policy:

    • Only the value of the goods will be refunded.

  3. Shipping Costs:

    • Return shipping costs are the customer's responsibility. Unstamped returns cannot be accepted.

  4. Contact Before Returns:

    • Customers are requested to contact us via email before returning the goods.

  5. Processing Returns:

    • After we receive your return, it usually takes a maximum of 7-10 working days to check and process it. Depending on your chosen payment method, a refund may take a few more days.

  6. Condition for Refund:

    • To receive a full refund on eligible returns, all items must be unworn/unused and in the same condition you received them. If an item is returned damaged, worn, or in an unsuitable condition, we will not be able to issue a refund. All items are inspected upon return. Additionally, if the equipment has not been cleaned according to the provided maintenance conditions, no return or refund will be possible. All items are inspected upon return.

  7. Returns of Defective or Incorrect Items:

    • We will organize the return of defective or incorrectly delivered items if necessary, and the costs for this will be covered by us. Refunds will occur after receipt of the goods.

  8. Investigation Process:

    • Once an investigation/claim procedure has been initiated with a courier, we cannot issue a refund or replacement until the courier has reviewed and closed the case. We appreciate your understanding and patience in such cases.

  9. Fees for Returns from Outside the EU:

    • For items delivered from outside the European Union (EU) and Switzerland, we incur charges from couriers. Therefore, a processing fee of 20% of the value of the goods or a minimum of €20 will be charged and deducted from the refund amount. Please contact us beforehand so we can find another satisfactory solution if necessary.

  10. Damaged Returns:

    • If goods are returned damaged, without original packaging, or if they are not returned immediately after receipt/withdrawal, a fee of 10% of the sales price or higher may be charged.

  11. Personalized Machines:

    • Personalized machines will be delivered in the condition described on our website and cannot be returned or exchanged.

  12. Returns of Powder-Coated Products:

    • Please note that our kettlebells and powder-coated/painted products are exempt from exchanges, refunds, or replacements due to cosmetic damage from surface impact. Impact with a hard surface may cause cosmetic damage, which is not covered under warranty; the warranty covers structural damage only. Please use soft surfaces when training with these products.

    • With kettlebells, dumbbells, and specialty bars, some loosening of the inside filling may occur with rough usage. This is a common issue across manufacturers and is exempt from warranty.

Right of Withdrawal for Consumers: Non-personalized goods

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@mergaux.net