ERG Media | Terms & Conditions

Terms + Conditions

TERMS OF SERVICE

Welcome to the ERG Media web site. The web site includes but is not limited to www.erg.media (the "Site"). ERG Media provides this Site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of the Site. Additionally, ERG Media reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any canceled, restricted, or declined order will be eligible for a full refund of the purchase price.

 

EU-MEMBER SHIPPING & DELIVERY

By ordering goods from ERG Media destined to EU-member states, you agree to become the Importer of Record (“IOR”) and as such, customs clearance shall be made in your name and on your behalf. The consignee authorizes ERG Media to import the goods on their behalf and may delegate the obligation to import the goods to a subcontractor (e.g., customs broker). The consignee agrees to pay any applicable taxes and duties in addition to the purchase price of the goods.

SHIPPING TERMS FOR CONSUMER ORDERS

ERG Media operates under different shipping terms depending on the region:

• For direct-to-consumer orders:

• Delivered Duty Paid (DDP): All international orders, except for Switzerland and EU countries, are shipped DDP, meaning that all import duties and taxes are included in the purchase price.

• Delivered at Place (DAP): For shipments to Switzerland, the customer is responsible for import duties, taxes, and customs fees.

• Carriage Paid To (CPT): For shipments within the EU, no duties or taxes are required, and VAT is included in the purchase price. However, the buyer assumes all risk for the goods once they are handed over to the carrier.

TERMS FOR BUSINESS ORDERS

For business-to-business (B2B) orders, the Buyer must complete the business account registration process and obtain approval from the Seller before placing an order. Approval is at the Seller’s sole discretion and may require submission of additional documentation verifying the Buyer’s business status. B2B orders placed without an approved business account may be canceled. Once approved, Buyers placing B2B orders agree to the specific terms outlined in this ‘Terms for Business Orders’ section, including responsibilities for duties, taxes, and fees, as well as inspection, acceptance, and other relevant provisions.

Delivery Terms

Delivered at Place (DAP): For all shipments, the Buyer is responsible for any applicable import duties, taxes, and customs fees.

Inspection and Acceptance of Goods

The Buyer shall promptly inspect all Goods upon receipt at the Buyer’s premises (the “Inspection Period”). If any defects, shortages, or discrepancies are identified, the Buyer must notify the Seller in writing within ten (10) business days of receipt to hello@erg.media. Failure to provide such notification within the Inspection Period will constitute acceptance of the Goods.

Non-Conforming Goods

Upon receiving timely notice of any non-conforming Goods, the Seller, at its discretion, may choose to repair or replace the non-conforming items or issue a refund. Goods that have been accepted by the Buyer, along with custom-made or special-order items, are non-returnable except in cases of verified defects.

Return Shipping Costs

For confirmed non-conforming Goods, the Seller will cover reasonable return shipping costs. If the Goods are found to be conforming or if notification was provided outside the Inspection Period, return shipping costs will be the Buyer’s responsibility.

SALES PROMOTIONS AND DISCOUNT CODES

From time to time, we may offer promotions, discount codes, or other special offers. These offers are subject to change or withdrawal at any time at our discretion, without prior notice. Discounts may not be combined with other offers unless expressly stated and are limited to one use per customer. Discounts cannot be applied retrospectively to previous purchases.

RIGHT TO CHANGE SITES

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

SITE CONTENTS

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by ERG Media and other trademarks appearing on the Site are the trademarks of ERG Media.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote ERG Media's products and services available worldwide. The Sites are controlled and operated by ERG Media from its offices in the Netherlands. One or more patents may apply to the Site. The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic programme. ERG Media is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

INDEMNITY

By use of this Site, you agree to indemnify and hold ERG Media (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).

MODIFICATION/TERMINATION OF WEBSITE

In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. ERG Media shall not be liable to you or any third-party for any termination of your access.

THIRD PARTY LINKS

To improve our Site, ERG Media may use and promote services provided by outside third parties. However, even if the third party is affiliated with ERG Media, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, ERG MEDIA MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ERG MEDIA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

APPLICABLE LAW

The laws of the Netherlands will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.