These are the terms and conditions on which we supply our products to you.
Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. If you think that there might be a mistake in these terms, please let us know.
When you must pay and how you must pay. We accept payment by Visa, Mastercard, American Express, PayPal and Apple Pay. We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.
The availability of these options to you is subject to approval by Klarna. Further information and the terms which apply to these options can be found at https://support.gymshark.com/en-US/article/klarna.
Please note that we reserve the right to withdraw or suspend this option at any time at our sole discretion.
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
If you live in the United States, you agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, social media, telephone, catalog, radio, television, mobile device and participating retail stores (collectively "claims"), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").
Before commencing any arbitration, you must give us notice of any claims, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org. The arbitration shall be strictly confidential.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: gymshark.com
You must provide your name, address, email that is associated with your Gymshark account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Site, or within 30 days of substantive changes, if any, being made to these Terms and Conditions, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, Gymshark will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.
Class Action Waiver
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and Gymshark will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Confditions in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and Gymshark further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with the Site.
The terms of this provision will also apply to any claims asserted by you against any of Gymshark’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Last updated November 2020.