Disclaimer, Warranty, Refund Policy
LIABILITY: BootySprout, Ltd. specifically DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content on this website. BootySprout, Ltd. assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon.
USE AT YOUR OWN RISK: This website is for informational purposes only. Consult a physician before performing this or any exercise program. It is your responsibility to evaluate your own medical and physical condition, or that of your clients, and to independently determine whether to perform, use or adapt any of the information or content on this website. Any exercise program may result in injury. By voluntarily undertaking any exercise displayed on this website, you assume the risk of any resulting injury.
Inspect Before Each Use. This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to your place of purchase.
- General Provisions
The Customer Complaints Code is an integral part of the General Business Terms of the Seller, Bootysprout Limited, Business ID 677614, officially registered at 70 SIR JOHN ROGERSON'S QUAY, BLOCK C GRAND CANAL DOCKLANDS, DUBLIN 2, D02 VK60, REPUBLIC OF IRELAND, (hereafter referred to as the "Seller" or "Bootysprout"), and describes how to claim the products purchased at Bootysprout.
Buyer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Bootysprout.
The Buyer is obligated to acquaint himself with the Customer Complaints Code and the General Terms and Conditions (hereafter referred to as the "GBT") before ordering any items. At the same time, the Buyer acknowledges that he is obliged to provide Bootysprout with the level of co-operation necessary to resolve the claim, failing which the time-limit for the claim procedure will be extended by the time the Buyer did not provide the required cooperation.
By entering the purchase agreement and accepting items from the Seller, the Buyer agrees to this Customer Complaints Code.
Definitions of the terms contained in this Customer Complaints Code take precedence over the definitions as contained in the GBT. If this Customer Complaints Code does not define a term, the meaning is understood as defined in the GBT. If the GBT does not define it either, it is understood to have the meaning used in legislation.
- Quality Guarantee
As proof of warranty, Bootysprout issues a proof of purchase (invoice) with the legal data required for the claim procedure (e.g. the name of the product, price, quantity).
- Time period for claiming defective performance
The time period for claiming defective performance starts on the date the Buyer receives the product, i.e. on the date listed on the purchase receipt.
The time period is:
- 24 months for the metal frame, other metal parts and the wood footrest
- 12 months for the backrest foam and resistence bands (both standard and heavy resistence bands)
The time period ends with the date corresponding to the date on which it started, after the given number of months.
Any liability claims applicable to the product become void if the claim is not submitted within the warranty period.
If a complaint is settled by replacing the item, the warranty period is not renewed. The original warranty period remains in effect, starting from the date when the Buyer received the original product.
- Quality upon takeover
The Seller is obligated to ensure that the Buyer's purchased product has no defects upon takeover. In particular, the Seller is obligated to ensure that at the time when the Buyer receives the product,
- the product has all the properties agreed on by both parties, and if such agreement does not exist, the product properties must be as described by the Seller or the manufacturer, or what the Buyer expects based on the nature of the product and the advertising made by the Seller.
- the product is suitable for the purpose indicated by the Seller or for the purpose the particular product type is normally used.
- the product is delivered in the appropriate quantity, volume, or weight.
- the product meets necessary legal requirements.
If a defect occurs within six months of the takeover, it is assumed that the product was defective at the time of purchase by the Buyer, unless the Seller can prove otherwise.
III. Warranty Terms and Conditions
- Quality Inspection
When receiving the goods from the shipping company, the purchaser is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape and undamaged packaging) as per the delivery note.
On the day of receiving the goods, the purchaser is to further inspect the goods for completeness; in particular, if all parts have been delivered.
Any incongruities are to be reported to Bootysprout upon receipt of the goods from the shipping company and stated in the record of delivery whereby the buyer may refuse to accept the delivery. Any incongruities may as well be reported to the email address firstname.lastname@example.org or through the contact form. Photos documenting the defects and damaged packaging are recommended to be attached.
The statutory warranty period is not affected thereby. Any subsequent claims of incomplete delivery or damaged packaging do not limit the buyer‘s right to claim the warranty; yet, they enable Bootysprout to prove that the same do not represent a conflict with the purchase agreement.
- Warranty Claims
The warranty needs to be claimed with Bootysprout in which case the Bootysprout will provide a return label.
The goods claimed (including all parts and accessories) are recommended to be delivered with the proof of purchase, detailed description of the defects and sufficient contact details of the purchaser (shipping address and telephone number) so that the goods can be identified and the defects diagnosed.
The mode of handling the claim (replacement or refund) is also recommended to be selected.
A written document with information as to the date of the claim, scope of claim and selected solution is issued and emailed to the buyer once the claimed goods are delivered;
The buyer acknowledges that if the claimed goods are not submitted to Bootysprout with all parts and accessories pertaining thereto, the buyer – if withdrawing from the agreement – will be refunded the purchase price less the price of the parts and accessories not submitted.
Compatibility of the purchased parts with other parts not approved by Bootysprout is not guaranteed.
The warranty does not apply to the damage caused by or resulting from the following activities (however, only if such activity is not usual and at the same time is not prohibited in the enclosed instructions for use):
- mechanical damage;
- use of goods in conditions (temperature, dust, humidity, chemical and mechanical conditions) other than directly stipulated by Bootysprout;
- unprofessional installation, use, operation or neglected maintenance;
- excessive overuse or use contrary to the terms and conditions stipulated in the relevant documents or contrary to the general practice;
- non-qualified interventions or adjustments of parameters;
- adjustments made by the customer (painting, bending, etc.);
- forces of nature or force majeure;
The claimed goods are tested only for the defects claimed by the buyer (as claimed in the claims form or enclosed document describing the defects in question). Bootysprout recommends describing the defects in writing, whether in paper or electronic form.
- Rejected Goods
Bootysprout has a right to refuse to accept the claimed goods if the goods in question and/or parts thereof are dirty or do not comply with the basic sanitary and security requirements for claiming the warranty.
IV. Handled Claims
Claims of buyers are addressed by Bootysprout immediately or, if the complex nature of the claim so requires, within a maximum of three business days (excluding the time reasonably necessary to professionally assess the defect with respect to the type of the claimed goods or services).
The claims are handled and the defects are removed by Bootysprout without undue delay; however, within a maximum of 30 days after the warranty has been claimed. Once the warranty is claimed, the period of 30 days can be extended as per the agreement with the buyer; however, only for a period other than indefinite or unreasonably long. After the period (extended period) expires, the claimed defect is deemed to have indeed existed and the buyer has the same rights as if the defect in question was identified to be other than capable of being removed.
V. Common Provisions
The buyer is issued a written document including information as to the date of the claim, result, repair (if any), duration and reasons (if any) for rejecting the claim.
After the claim is handled, the buyer is notified by Bootysprout as of the result by email. Goods shipped by a shipping company are automatically shipped backed to the purchaser’s address once the claim is completely handled.
If the claim is accepted as legitimate and the goods are repaired or replaced, the warranty period is extended for the period of handling the claim; this period commencing one day after the day the warranty has been claimed and terminating on the day the buyer has been informed about the result.
If the claim is accepted as legitimate, the buyer may and can claim reimbursement of costs reasonably incurred in claiming the warranty; in particular, the buyer may and can claim the reimbursement of postage. The costs claimed need not necessarily include costs incurred in travelling by car to claim the warranty, express shipping, etc. The reimbursement of costs must be claimed without undue delay; however, within a maximum of one month before the warranty period expires.
Once the claim is handled, the buyer must collect the goods in question without undue delay and do so at the latest within 30 days after having been informed about the handled claim; this time limit, however, expiring no sooner than 60 days after the warranty has been claimed.
If the time lapses to no effect and the goods in question are not collected, the buyer is charged a fee of 3 Euro incl. VAT for storing the goods in question; charged by Bootysprout for each day of delay.
If the goods in question are not collected by the buyer within 6 months after the buyer has been informed about the handled claim, Bootysprout reserves the right to sell the goods in question and offset the proceeds against the outstanding storage fee.
To prevent damage/legitimisation of proceeds of crime (if any), the goods in question can be collected/cash refunds can be made against a document evidencing the claimed warranty and a valid identity document of the purchaser (ID card, passport). Unless the said documents are presented, the goods in question/cash refunds may and can be refused by Bootysprout to be collected / paid. Goods in question claimed by buyers -legal entities can only be collected by/cash refunds can be paid to the respective authorised entity or proxy acting under a duly authenticated power of attorney.
This Claims Code comes into effect on 15th of October 2020.