This website is operated by Fitness Avenue (E&Y Fitness Supplies LTD.). Throughout the site, the terms “we”, “us” and “our” refer to Fitness Avenue. Fitness Avenue 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - 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.
SECTION 2 - 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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not 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.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our REFUND POLICY
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.
SECTION 6 - 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 details, please review our REFUND POLICY
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - 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 to be 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.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - 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.
SECTION 12 - PROHIBITED USES
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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe 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 Fitness Avenue, our directors, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fitness Avenue and our parent, 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.
SECTION 15 - SEVERABILITYIn 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.
SECTION 16 - 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).
SECTION 17 - ENTIRE AGREEMENTThe 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 governs 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.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICEYou 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.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Our contact information is posted below:
267 Champagne Drive, Toronto, ON, M3J 2C6
RETURNS & REFUNDS - Purchases made online may be returned for a full refund (less shipping and handling) within 30 days of receiving the item(s). All merchandise for return must be in new condition, sealed in its original packaging. In order to maintain our low prices, Fitness Avenue does not accept returns on items that are not sealed in their original packaging as we cannot simply send them back to the manufacturer for credit.
In order to return a product, you must obtain a return authorization. To do so, please email firstname.lastname@example.org with the following information:
Subject line: Product return request
Body of e-mail: Please include your full name, phone number, order number and reason for return request.
In the event that the product you receive has a significant defect which cannot be resolved to your satisfaction, or if the wrong product is sent or arrives in damaged condition and a satisfactory resolution is not possible, we will offer a full refund for the returned product. Alternatively, if you prefer and if a replacement is available, we will send a replacement product. All costs associated with returning the product to us will be covered by Fitness Avenue.
Should you wish to return a product for reasons that are not attributable to Fitness Avenue (including but not limited to: changed mind, dislike of the product, or opting for a refund when a replacement part offered by us could resolve a defective product issue), we will issue a refund for the cost of the product only. Please note that in such cases, the original freight cost incurred by Fitness Avenue to deliver the goods to you will not be refunded. The cost of returning the product to us will be your responsibility.
Please note: If item is sent back without obtaining a return authorization, we do not guarantee a refund or replacement. Refunds may take up to 14 days.
Final Sale Items - Certain items, such as gloves, hand straps, heart monitors, belts etc. are final sale.
Backordered items – If an order contains a backordered item, Fitness Avenue reserves the right to determine how to proceed with order taking under consideration the ETA, size and weight of the backordered item (s).
We will try our best to provide an ETA on backordered items but unfortunately it is not always possible to provide an exact date for the arrival of the out of stock item(s).
Damaged upon arrival –If the Packages arrive with visible physical damage to the box. Images should be taken the fact of damaged packages should be brought to the driver’s attention. Then the content of the package (s) should be carefully reviewed in order to guarantee that no damage was caused to the equipment. If the equipment did get damaged, please immediately report the damage to our CSR department so that we can file a claim with the courier. Please note that the package (s) must be kept in their original condition as the courier may require them for inspection.
Shipping Cost – The cost of shipping determined by the weight, size and number of packages that are being shipped as well as the distance of the destination address from our distribution centre in Toronto.
Shipping rates can be obtained by simply adding the products to the cart and then entering your address and clicking the “Calculate” button.
Delivery time - Orders are shipped out within 1-3 business days. Fitness Avenue saves no effort to guarantee a fast shipment of each and every package. However; delays may occur during a busy season or due to sever weather conditions that are out of our hands.
Address Change – Fitness Avenue reserves the right to request additional information prior to approving orders where the billing address is different from the shipping address. Customer may be required to add the shipping address on your credit card file with your credit card issuer as a secondary address to complete the address.
Couriers - All packages are shipped with Canada Post or FedEx. Customer may select the shipping method and courier and in the vast majority of cases packages will be shipped with the selected courier. However, Fitness Avenue reserves the right to get the package shipped with a different courier due to logistic restrictions. In this case Fitness Avenue will ship the package (s) with an equivalent service level. Our shipping calculators provide an estimated time of arrival. Estimated time of arrival is an estimated date and it is not guaranteed that the package (s) will arrive on that exact date.
Oversized Items - Due to weight/size restrictions oversized items are shipped with a freight company as they are too heavy/large to be shipped with Canada Post of FedEx. Freight charges vary depending on the weight of the item(s) and the destination it is being shipped to.
Oversized items are shipped out within 1-4 business days. Please note, trucking companies will always call ahead of time to schedule a delivery date. All freight deliveries are curbside only.
Tracking - Canada Post shipments can be tracked at www.canadapost.ca and FedEx shipments can be tracked at www.fedex.ca. Tracking information normally becomes available several hours after the packages are picked up, however, in some cases during busy seasons it may take the shipping companies (FedEx & Canada Post), little longer to register the packages. Tracking numbers are automatically emailed to the customer as soon as the order was processed, however they become active only after picked up by the shipping company. Tracking number can also be located at the “My Account” panel. Please make sure to track your order to avoid any problems or delays as Canada Post and FedEx will make one delivery attempt after which it is taken to the nearest depot from the packages must be picked up within one week, before they are shipped back to us. Should a package be returned to our warehouse, it will be the customer’s responsibility to cover the cost of reshipping the package (s).
Multi-Box Shipments - In certain cases products can be combined and shipped together. Therefore, the number of packages arrive might be less than the amount of products that were purchased. This does not necessarily mean that some items are missing, it only means that some packages contain more than one item. Please always open all your packages prior reporting missing product(s) to make sure nothing is actually missing.
"Local Deliveries" Service - We offer local delivery service; this service is only available to customers that are located within a 500km radius from our warehouse in Toronto. Live rates are accurate and final; no additional fees of any type. Customers that are located further than 500km from our warehouse, can choose between FedEx and Canada Post.
Credit Card that was used for purchase along with a matching piece of ID must be present upon delivery. If Credit Card and a piece of ID are not available, Fitness Avenue reserves the right to cancel the transaction and issue a full refund (restocking fee may apply).
Products are dropped off on the driveway or at the "Shipping Receiving" of the building. We will not bring the equipment inside.
Local Pickups - Credit Card that was used for purchase along with a matching piece of ID must be present upon pickup. If Credit Card and a piece of ID are not available, Fitness Avenue reserves the right to cancel the transaction and issue a full refund (restocking fee of 3%may apply).
Orders are processed within 24 - 48 hours. After which point customer will be contacted to confirm availability and schedule a pickup. Orders must be picked up within 5 business days. If order is not picked up on the scheduled date, restocking fee of 3% may apply.
Damaged upon arrival – If the Packages arrive with visible physical damage to the box. Images should be taken the fact of damaged packages should be brought to the driver’s attention. Then the content of the package (s) should be carefully reviewed in order to guarantee that no damage was caused to the equipment. If the equipment did get damaged, please immediately report the damage to our CSR department so that we can file a claim with the courier. Please note that the package (s) must be kept in their original condition as the courier may require them for inspection.
P.O Boxes – Although we ship to P.O boxes, due to Canada Post’s restrictions we are able to ship packages that are not over 65lbs (30kg). Therefore, if you purchase a large item (s), please provide us with a physical address, so that we can ship the order with FedEx.
Fitness Avenue will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer preferences data. Examples of ways in which we may collect such information from you include the following:
Registration and Ordering: Before using certain parts of this Site or ordering products, you must complete a registration form. When registering, you will be prompted to provide certain personal information, including but not limited to your name, shipping and billing addresses, phone number, email address, and credit card number. In addition, you may also be asked to provide your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and this Site, and for internal marketing purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.Email Addresses: Some areas of the Site allow you to enter your email address for purposes including, but not limited to: registering or opening a fitnessavenue.ca account.Cookies: Like most other websites, Fitness Avenue uses cookie technology throughout this Site. A cookie is a small removable data file that is stored by your web browser on your computer. Cookies are used to provide customers with tighter security, customized content, tracking of orders and shopping cart items. Unfortunately, customers who turn off cookies in their browser settings will not be able to shop from this Site. THIS SITE'S COOKIES DO NOT AND CANNOT INFILTRATE A USER'S HARD DRIVE TO GATHER A USER'S CONFIDENTIAL INFORMATION. Our cookies are not "spyware."
PROTECTING YOUR INFORMATION
Shopping on the Site is easy, secure and worry-free. We have taken several measures to guarantee that your order and your credit card information are safe and secure. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology that works with Microsoft Internet Explorer (version 3.0 and above), Netscape Navigator (versions 2.0 and above), and AOL (AOL 3.0 and above), and the Site's security has been tested & verified by McAfee Secure Sign.
SSL is considered the industry standard and is among the leading software available to encrypt online transactions. Your personal information including your name, credit card number and address is encrypted so that it cannot be read as it is transmitted over the Internet. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, any information you transmit to us is sent at your own risk.
If you suspect unauthorized use of your credit card, you must notify your credit card according to its reporting rules and procedures.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child's personal information from our files.
OPT OUT / CORRECTIONS
Upon your request, we will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing your request fitnessavenue.ca’s Customer Support department at email@example.com. Please clearly label the subject line "Opt Out / Corrections," and do not email your credit-card number or other sensitive information.
OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION
QUESTIONS AND FEEDBACK
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to firstname.lastname@example.org