Terms of service

1. Acceptance of Terms

By accessing, browsing, or purchasing from Fitness Canada (“Company”, “we”, “us”, or “our”), you agree to be legally bound by these Terms of Service (“Terms”).
If you do not agree with any part of these Terms, you must not use this website.
Continued use of the website constitutes acceptance of any updated or revised Terms.

2. Sales Territory

2.1 Retail sales through this website are available exclusively within Canada.

2.2 We do not accept direct retail shipments to the United States.

2.3 FOB export orders to the United States or other jurisdictions may be available upon written request via info@fitnesscanada.com.

3. Eligibility

By placing an order, you represent that:
• You are legally capable of entering into a binding contract.
• All information provided is accurate and complete.
• You are authorized to use the payment method submitted.

4. Orders & Pricing

4.1 All prices are listed in Canadian Dollars (CAD) unless otherwise specified.

4.2 We reserve the right to change pricing at any time without notice.

4.3 In case of obvious pricing error, typographical mistake, or system malfunction, we reserve the right to cancel or refuse any order at our sole discretion.

4.4 Submission of an order does not constitute final acceptance. An order is considered accepted only upon shipment confirmation.

4.5 We reserve the right to refuse service to anyone at our sole discretion.

5. Payment Terms

5.1 We accept major credit cards and approved financing providers as displayed at checkout.

5.2 We do not accept wire transfers, bank drafts, or e-transfers unless expressly agreed in writing.

5.3 By submitting payment, you authorize us to charge the full purchase amount, including applicable taxes and fees.

5.4 Payment confirmation does not constitute acceptance of the order nor confirmation of product availability.

6. Order Cancellation

6.1 Orders may be cancelled prior to shipment by contacting us via email, phone, or live chat.

6.2 Once an order has been shipped, it cannot be cancelled and will be subject to our Refund & Return Policy.

6.3 We reserve the right to cancel any order due to:
• Pricing errors
• Inventory discrepancies
• Suspected fraud
• Payment authorization failure
• Violation of these Terms

If we cancel an order prior to shipment, a full refund will be issued.

7. Shipping & Delivery

7.1 Shipping timelines are estimates only and are not guaranteed.

7.2 Risk of loss remains with us until delivery is completed in accordance with our Shipping Policy.

7.3 Delivery services may include third-party freight carriers. We are not responsible for delays caused by carrier scheduling, port congestion, customs inspection, or supply chain disruption.

7.4 Customers are responsible for ensuring that delivery access, clearance space, and structural suitability are adequate prior to delivery.

8. Inventory Availability

8.1 Products listed as “In Stock” are generally available for shipment.

8.2 In rare and exceptional circumstances, inventory discrepancies may occur due to system error or simultaneous transactions.

8.3 If a product becomes unavailable after purchase, we will contact the customer promptly to offer:
• A replacement
• Backorder option
• Or full refund

9. Product Use & Safety Disclaimer

9.1 All fitness equipment sold by Fitness Canada involves inherent risks of physical injury.

9.2 By purchasing and using our products, you acknowledge and agree that:
• Use of equipment is at your own risk.
• You assume all risk of injury, damage, or loss arising from use.
• Equipment must be used properly and in accordance with manufacturer guidelines.

9.3 We are not liable for injuries resulting from:
• Improper use
• Overloading
• Unauthorized modifications
• Failure to follow installation or safety instructions

9.4 Customers are responsible for ensuring that installation surfaces, flooring, ceiling height, and surrounding structures are adequate and suitable.

10. Installation & Structural Responsibility

10.1 We are not liable for:
• Improper installation performed by the customer or third parties
• Floor damage
• Structural modifications
• Anchoring errors
• Insufficient ceiling clearance

10.2 Any damage resulting from incorrect assembly or failure to secure equipment properly shall void applicable warranty coverage.

11. Limitation of Liability

11.1 To the maximum extent permitted under Canadian law, our total liability arising out of or relating to any purchase shall not exceed the amount paid for the product giving rise to the claim.

11.2 We shall not be liable for:
• Indirect damages
• Consequential damages
• Lost profits
• Business interruption
• Loss of revenue
• Personal injury beyond statutory minimum liability
• Third-party claims

11.3 Some provinces may not allow certain exclusions. In such cases, liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fitness Canada from any claims, damages, liabilities, legal fees, or losses arising from:
• Misuse of products
• Violation of these Terms
• Unauthorized resale or modification
• Negligent installation

13. Fraud & Chargebacks

13.1 Fraudulent transactions may be reported to law enforcement authorities.

13.2 If a chargeback is initiated and later determined to be fraudulent or invalid, the customer shall be responsible for:
• All chargeback fees
• Administrative costs
• Legal recovery expenses

We reserve the right to pursue civil remedies for fraud.

14. Intellectual Property

14.1 All logos, trademarks, images, product descriptions, and branding are the exclusive property of Fitness Canada.

14.2 Unauthorized reproduction, copying, distribution, or commercial use is strictly prohibited.

14.3 We reserve the right to initiate legal action without prior notice against infringement.

15. User Content & Reviews

15.1 Users may submit reviews, images, or content.

15.2 By submitting content, you grant us a non-exclusive, royalty-free, perpetual license to use such content.

15.3 We reserve the right to remove content that is:
• Defamatory
• Discriminatory
• Offensive
• Misleading
• In violation of applicable law

16. Force Majeure

16.1 We shall not be liable for failure or delay in performance caused by events beyond our reasonable control, including but not limited to:
• Natural disasters
• Government restrictions
• Supply chain disruptions
• Port congestion
• Transportation interruptions
• Labor disputes

16.2 During such events, obligations shall be suspended for the duration of the disruption.

17. Dispute Resolution & Governing Law

17.1 These Terms shall be governed by and interpreted in accordance with the laws of:
• The Province of Alberta
• The applicable Federal laws of Canada

17.2 Any dispute arising out of or relating to these Terms or any purchase shall be resolved exclusively within the Province of Alberta.

18. Mandatory Arbitration & No Class Action

18.1 Any dispute, claim, or controversy shall be resolved through binding arbitration conducted in Alberta, Canada.

18.2 The arbitration shall be conducted in English.

18.3 Each party shall bear its own legal costs unless otherwise awarded by the arbitrator.

18.4 You waive any right to participate in:
• Class actions
• Representative proceedings
• Collective claims

All claims must be brought individually.

19. Refusal of Service & Account Termination

19.1 We reserve the right to refuse service to anyone at our sole discretion.

19.2 We may suspend, restrict, or terminate access to the website or any account without prior notice if:
• Fraud is suspected
• These Terms are violated
• Abusive or unlawful conduct occurs

20. Amendments

20.1 We may update or modify these Terms at any time without prior notice.

20.2 Continued use of the website after updates constitutes acceptance of the revised Terms.

21. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with all referenced policies (Shipping Policy, Refund & Return Policy, Warranty Policy, Commercial Use Policy, Pre-Order Policy, Pickup Policy, Local Delivery & Installation Policy, and Damage & Freight Claim Policy), constitute the entire agreement between you and Fitness Canada.