Terms & Conditions
TERMS AND CONDITIONS
Introduction
www.graftism.com (referred to as the "Website") is owned by Graftism Ltd. Company registration number 09476178 and VAT registration number 323 5325 30.
This website is controlled by Graftism Ltd. During the site, the terms "we", "us"and "our"refer to Graftism. Graftism 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 sure by the following terms and conditions ("Terms of Service", "Terms"),including those additional terms and conditions and policies 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.
Ordering
- Place the products you want on our website to your basket.
- Confirm you select the correct size before adding the items to your basket.
- Once you have added all items you would like to purchase, proceed to checkout.
- You must provide billing, shipping, email addresses and all other required details correctly.
- Finalise your order and you will receive a confirmation to the email address you provided at checkout.
Order Acceptance and Cancellations
All orders processed by you are subject to acceptance by Graftism. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- The product is not in stock or unavailable due to an inventory update delay
- In the event of a pricing error, misspelling or other mistake in the website information
- We could not deliver to the shipping address provided
- Your billing information is not correct or acceptable
- Your order has been suspected of fraudulent activity
- Force Majeure
We start to process your order as soon as it is submitted, for this reason, it is not possible to cancel your order before you have received it. You can then return your order, following the refund process in the exchange and refunds sections of this agreement.
Products or Services
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 Return Policy.
We have made all effort to present as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is cancelled where forbidden.
We do not warrant that the quality of any products, services, information, or other material purchased by you will meet your expectations, or that any errors in the Service will be corrected.
Graftism attracts your attention to the washing and maintenance instructions printed on the labels of the Products. Graftism is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
Price and Currency
All prices quoted at the payment stage are in Great British Pound (GBP).
Graftism owns the right to change, limit or terminate any special offers or discounts at any time, including promotional codes, and the right to adjust the price of any product at any given time without further discussion.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Shipping and Delivering a Product
All orders made on the Graftism website are shipped from the UK to the shipping address you provide at the checkout stage, orders are usually delivered on business days; excluding bank holidays. Some of our delivery carriers will deliver orders on weekends.
We aim to ship orders on the same day. However, due to fluctuation in order volumes this is not always possible.
Graftism cannot be held responsible for delay in delivery, including but not limited to the following;
Any incorrect customer details, customs clearance, inventory levels, national or private strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, weather, natural disasters, fire, epidemics or failure of public or private telecommunications networks.
Exchanges and Refunds
Exchanges
We offer exchanges within 30 days. Please complete the exchange form on the Exchange and Returns page. We do not yet offer free exchange or returns; therefore, any returns will be covered by the purchaser.
You can exchange the same item for a different size. If you want a different item, please place a new order and send your unwanted item(s) back for a refund.
We process exchanges as fast as possible. Exchanges are processed manually, therefore you will not get an email from us when we receive the returned item(s).
During busy periods some exchanges may be processed outside of the above timeframes.
Refunds
We offer refunds within 30 days. Please note for a full refund you need to return the items within 14 days, otherwise a store credit will be issued. Please complete the returns form on the Exchange and Returns page. We do not yet offer free exchange or returns; therefore, any returns will be covered by the purchaser.
Refunds are usually handled within 15 days of us receiving the returned item(s). Please allow an extra 7 days for your bank to make the funds available to you.
We process refunds as fast as possible. Refunds are processed manually, therefore you will not get an email from us when we receive your item(s). However, you will get an email when your refund is processed, please also check junk folders.
During busy periods some returns may be processed outside of the above timeframes.
Refusal Rights
We own the right to deny processing any returns that are not received to our returns address, we therefore request you use a Tracked and/or Signed For Service back to our returns address.
We reserve the right to deny processing any returns received after 30 days of you receiving your order. Your returned item(s) will then be sent back to your shipping address.
We reserve the right to refuse a refund or exchange for any of the following reasons: An item has been worn/used, washed, is without tags/original packaging or is dirty/scented.
Due to hygiene, any returns that include any of the listed items below will be rejected and sent back to the shipping address provided:
HEADWEAR & SOCKS.
Membership Application
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Graftism to become a Member of the Gym subject to these Terms & Conditions and the Gym rules.
Graftism reserves the right to reject any application for Membership.
Membership is available to individuals of 18 years of age and over, subject to status.
Upon being accepted to the Gym’s Membership scheme, the Member consents to having their photograph taken by Graftism to confirm their identity upon entry, and consents to having their photograph taken at any time whilst using the facilities, excluding changing rooms.
Graftism reserves the right to use any such photographs for press and/or promotional purposes.
Membership Types
Graftism offers various Membership packages, offering a range of price versus flexibility, so that Members have choice.
a) Monthly Direct Debit Term Memberships
This membership has a minimum contract term of six full calendar months, and Membership continues to roll on a monthly basis after the minimum term has expired. See Point 5, below, on how to cancel a Monthly Minimum Term Membership
The minimum term of all Monthly Term Membership starts as of the 1st day of the first full paid calendar month. For example: if a Membership starts on 15th September, the minimum term would begin as of 1st October.
b) Paid in Full Memberships
For these package types, full payment is required upfront, and the Membership will automatically expire at the end of the term. Members may then renew their Membership at the prevailing rate for their package type, or alternatively may switch to a rolling Monthly Membership as per above.
- “1 Month Paid in Full” – one month of Membership from selected start date.
- “6 Months Paid in Full” – six months of Membership from selected start date.
- “12 Months Paid in Full” – twelve months of Membership from selected start date.
GRAFTISM reserves the right to introduce, withdraw and vary categories of Membership.
Membership Card
A Membership card will be issued to each Member upon joining the Gym. Members must present their card for security and verification on each visit to the Gym; Members without a valid Membership card may be asked for photo identification, and will be admitted at the absolute discretion of Graftism staff.
A Member may not loan their Membership card or permit its use by any other person; allowing such misuse of a Membership card may result in Membership being terminated with no refund of fees already paid.
Any lost or mislaid Membership cards will be replaced by Graftism for a nominal charge.
Cancelling your membership
Members on a Monthly Minimum Term Membership contract may cancel their Membership after or with effect from the end of the minimum term, by giving one full calendar month’s advance written notice, effective from the 1st of the following month. This should be done by completing a Cancellation Request at a Graftism gym or online via email.
A Graftism team member will respond to all cancellation requests. If confirmation of cancellation is not received, the Member is responsible for re-submitting the cancellation request.
Where the payment method is Direct Debit, the Member must advise their bank to cancel the Direct Debit instruction after the final payment has been made. Graftism is not obliged to refund any fees where the Member has not cancelled the instruction and cannot provide proof of a valid cancellation request. All fees must be paid to date at the time of cancellation.
Paid in Full Memberships will expire automatically at the end of the term, unless the Member chooses to renew their Membership. No refunds are applicable for any portion of fees paid upfront, excluding in the following circumstances: redundancy, permanent illness and permanent injury preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Members still within the minimum contractual period may reduce their cancellation notice to one full calendar month in the following circumstances: Pregnancy, Redundancy, Permanent injury and Permanent illness preventing gym usage. Valid documentation will be requested as proof in such circumstances.
Any Member with three or more months remaining of the minimum term may terminate their Membership at the end of the then current month by paying in full 50% of the total future fees due until the end of the minimum term.
Termination of membership by Graftism
Graftism may terminate a Membership without notice and with immediate effect if:
- The Member breaches these Terms & Conditions or the Gym Rules, either repeatedly or because of one serious breach;
- Any due fees remain unpaid after any request for payment by Graftism.
- Graftism is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership.
- The Member puts the health, safety or well-being of staff or other Members or Guests at risk.
All decisions made by Graftism under this clause are final and binding. Graftism is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
Gym Facilities
Full details of normal opening hours are available upon request at each Gym. Graftism reserves the right to vary normal opening hours, temporarily remove the access to certain equipment, or to temporarily close certain areas of any Gym from time to time without notice for various purposes including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
Health and Safety
All Gym users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the Gym without doing so and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition.
Graftism staff are not medically trained and are therefore not qualified to assess whether the Gym user is in the appropriate physical condition to use the facilities. Graftism advises all gym users to take medical advice prior to starting any exercise programme if they are in any doubt as to their ability to do so.
The Member warrants and represents that upon their Membership Application Form, and repeats such warranty upon each visit to the Gym, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such an exercise would not be detrimental to their health, safety, comfort or physical condition.
Personal Trainers
The Personal Trainers (PTs) that operate within the Gym are not employees of Graftism, but are self-employed, independent freelance trainers. In using a PT you are entering into an agreement with the PT alone and not with Graftism.
Relocation of a Gym by Graftism
Graftism may relocate a Gym, or open a new Gym near to the Member’s then current Gym. In such case, Graftism may, on no less than 4 weeks’ written notice to the Member, notify the Member that the relocated Gym or the new Gym is to be the Gym in respect of which the Member has their Membership.
a) If the re-located Gym or new Gym is one third of a mile or less from the Member’s current Gym, the Member’s membership will automatically transfer to the relocated Gym or new Gym. In such case, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Gym.
b) If the re-located Gym or new Gym is more than one third of a mile from the Member’s current Gym, and the Member does not agree to such relocation, the Member may terminate this Contract, effective on the date the Member’s current Gym closes.
In such cases, Graftism will notify the Member of the relocation in writing, no less than 2 full calendar months in advance of the relocation date. The member must give one full calendar month’s advance notice, effective on the first of the following month, by completing a Cancellation. Should the member accept the relocation, the member may, during the first 10 days of the new or relocated Gym opening, cancel their current contract with one full calendar months written notice. In such case, from the 11th day of the new Gym opening, all terms and conditions relating to the Member’s current membership will continue in full force and effect, applying to the relocated or new Gym.
Personal Information
Graftism acknowledge that the security of a Members personal information is of high importance. Graftism Privacy Policy conforms to the European Union General Data Protection Regulation (EU GDPR) effective as of 25th May 2018 and explains how a Members information is processed at GRAFTISM and the rights a Member has as an individual under the GDPR.
Members are responsible for advising Graftism of changes to their personal information. Should a Member wish to update their personal information and/or request a change of Membership, this must be requested using the registered email address within the Graftism database for that Member. Where Graftism is required to provide any written or email notification, Graftism will send the notice to the contact information on the Application Form, or any updated contact information the Member has provided since joining.
Please ensure you have read and understand the Graftism Privacy Policy prior to accepting the Terms of your Agreement.
Intellectual Rights
All trademarks, service marks, logos and trade names which appear on Graftism products, product packaging and/or on the Website, whether registered or not (the “Trademarks”) remain the exclusive property of Graftism Ltd. You may not use, copy, reproduce, republish, transmit, distribute, or modify any of the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website.
Amendments to Terms and Conditions
We own the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement between you and us, will be subject to the version of the Terms and Conditions on this page at the time you place an order or browse our website.