Terms of service

Terms & Conditions

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. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website. The terms and conditions posted on the website or app at the time you place your order will govern that purchase.

1. Who we are and how to contact us

1.1 Who we are. We are Gymshark USA Inc. – a company incorporated and organised in Delaware whose principal place of business is at 38 Greene St, Fourth Floor, New York, New York 10013.

1.2 How to contact us. You can contact us at gymshark.com/contact, by contacting us at the address above or via the support section on our e-comm app (known as the Gymshark App on the App Store) (the “app”).

1.3 How we may contact you. If we have to contact you, we will send an email to the email address you provided to us in your last order.

2. Placing an order

2.1 How you can place an order. Orders may be placed through our website or our app. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “complete order” button or the “pay now” button if you are paying via Apple Pay.

2.2 Acceptance of your order. Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming we have received it. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched your product(s). It’s at this point that a contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number.

2.3 Restrictions on placing orders. To order our products, you must be at least 18 years old and be authorized to use the payment method which you use to pay for the products you order. If you are under 18, you may place an order only with involvement of a parent or guardian.

3. Our rights to cancel your order

3.1 If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, or you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.

3.2 Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose.

3.3 Suspending the supply of products. We may have to suspend the supply of a product to you to deal with technical problems, update the product to reflect changes in relevant laws, or make changes to the product as notified by us to you.

4. Our products

4.1 What we provide. We provide fitness gear, including clothing and accessories.

4.2 Descriptions of our products. The pictures of our products (and packaging) on our website and on our app are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.

4.3 Gift cards. You can purchase a gift card (in the form of a digital code) from us in the same way as any of our other products, however: you cannot purchase a gift card using another gift card as payment; the total daily limit of gift card purchases, per person, is $2,000; gift cards have no expiry date; there is no charge to or reduction in the balance over time for inactive gift cards; and gift cards may only be redeemed on the local online store from which they were purchased.

5. Delivery

5.1 Delivery destination. For orders placed on our website, we ship to the United States.

5.2 The risk of loss for products purchased from us passes to you upon our delivery to the carrier. Title for products purchased from us transfers to you upon payment for the products.

5.3 Delivery Costs. Standard Delivery: $5.00 (Free for orders over $75). Express Delivery: $15.00.

5.4 When we will provide the products. When we deliver the products to you will depend on the delivery method you select during the order process.

5.5 We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control, we’ll let you know as soon as possible.

6. Your rights

6.1 If what you have bought is faulty or differs substantially from how it is described on our website or our app you may have a legal right to get the product replaced or to be given a refund. In this case, the return will be free in the United States provided you return the product to us within 30 days from the date you receive it.

6.2 If you want to end the contract because we have told you about an upcoming change, an error in the price, a significant delay, or we have done something wrong, the contract will end immediately and we will refund you in full for any products which you have paid for but which have not been supplied to you.

6.3 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days from the day you receive the products to change your mind. You will need to pay the cost of the return. Some products can’t be returned, such as swimwear, underwear, bottles and shakers, sealed hygiene products that have been opened, custom-made or personalised items, items with care labels removed, items missing component parts, items mixed inseparably with other items, and items marked final sale.

7. Returns and refunds

7.1 Tell us you want to end the contract. Contact our customer service team through our online form at gymshark.com/contact.

7.2 Returning products after ending the contract. Follow the process set out in our Returns Policy. Visit our Returns Portal, enter the required information and follow the relevant instructions. Please make sure that the products are returned to us within 30 days after you receive them.

7.3 How and when we will refund you. We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment. If you used a discount code, the amount refunded will be reduced accordingly. Your refund will be made within 14 days from the day we receive the unused product back from you.

8. Our rights to end the contract

8.1 We may end the contract if you do not provide necessary information within a reasonable time, or do not allow us to deliver the products to you.

8.2 If we end the contract, we will refund any money you have paid to us for products we have not provided.

9. Price and payment

9.1 The price of the product before checkout is exclusive of any applicable Sales Tax. The amount of Sales Tax chargeable will be confirmed at checkout based on your delivery address.

9.2 We may change the price of our products at any time. If you placed your order before the price change, you will be charged the price at the time of your order.

9.3 If we get the price wrong, we will normally check prices before accepting your order and charge the lower amount if applicable.

9.4 We accept payment by Visa, Mastercard, American Express, PayPal and Apple Pay. We will not charge you until we dispatch the products to you.

10. Discount codes

From time to time we will release discount codes via email or other marketing channels. Codes are valid for a limited period of time, are only valid on full-priced items unless stated otherwise, only one Code can be applied per order, and Codes cannot be used in conjunction with any other offer. Returned items will be refunded at the discounted price paid.

11. Our responsibility for loss or damage suffered by you

11.1 We are responsible for foreseeable loss and damage caused by us. We are not responsible for any loss or damage that is not foreseeable.

11.2 We are not responsible for unforeseeable loss or damage, including consequential, special, incidental, or indirect damages.

11.3 If we are found to be liable, our liability shall not exceed US$100.00.

11.4 We do not exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, or defective products.

11.5 We only supply products for private use and will have no liability for business losses.

12. How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

13. Other important terms

13.1 We may transfer this contract to someone else.

13.2 You need our consent to transfer your rights to someone else.

13.3 Nobody else has any rights under this contract.

13.4 We may change these terms at any time.

13.5 If a court finds part of this contract illegal, the rest will continue in force.

13.6 Even if we delay in enforcing this contract, we can still enforce it later.

13.7 These terms are governed by English law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

14. Arbitration; Waiver of Class Action Claims

14.1 If you live in the United States, you agree that any and all claims relating to or arising out of the use of or sale of any of our products shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA).

14.2 Before commencing any arbitration, you must give us notice of any claims in writing.

14.3 The arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. Each party shall bear their own attorneys’ fees and costs. Your claim shall be arbitrated on an individual basis and you shall not have the right to participate in a class action.

14.4 You have the right to opt-out of these arbitration provisions by sending written notice to mydata@gymshark.com within 30 days of first use.

15. Class Action Waiver

You agree that any disputes will be resolved on an individual basis, and that claims will not be brought as part of any class, consolidated, or representative proceeding.