Terms of Service

Overview

Welcome to GYMagic Inc.

The terms “GYMagic,” “we,” “us,” and “our” refer to GYMagic Inc.

GYMagic Inc. operates this website and online store, including the information, content, features, tools, products, and services made available through it (collectively, the “Services”), to provide our customers with a convenient and enjoyable shopping experience.

GYMagic Inc. is powered by Shopify, which provides the e-commerce platform that enables us to offer the Services to you.

These Terms of Service, together with the policies referenced in them, describe your rights and responsibilities when accessing or using our Services.

Please read these Terms carefully. They contain important information regarding orders, payments, shipping, intellectual property, warranties, limitations of liability, privacy, and other legal rights and responsibilities.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, you should not access or use the Services.

Nothing in these Terms is intended to exclude, restrict, or override any rights or remedies that cannot legally be excluded under applicable consumer protection laws.

1. Access & Account

By using the Services, you represent that you are at least the age of majority in your province, state, or country of residence, or that you have the permission of a parent or legal guardian where required.

To use certain features of the Services or make a purchase, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You agree that all information you provide is accurate, current, and complete and that you have the legal right to provide that information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You may not sell, transfer, assign, or license your account to another person without our written permission.

2. General Conditions

We reserve the right to refuse or restrict service, transactions, or access to our website where reasonably necessary, including in cases of suspected fraud, abuse, unauthorized resale, violation of these Terms, security concerns, payment issues, or legal or regulatory requirements.

You may not reproduce, duplicate, copy, sell, resell, exploit, or commercially use any portion of our website or Services without prior written permission from GYMagic Inc., except where permitted by law.

Headings in these Terms are provided for convenience and do not affect their interpretation.

3. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, measurements, sizing information, colours, specifications, prices, and other information appearing on our website are accurate.

However, colours and product appearance may vary depending on your device, screen settings, lighting, fabric production, print placement, dye lots, or manufacturing variations.

For gymnastics apparel featuring printed or patterned fabrics, the exact placement of a print or pattern may vary from the product photograph. These variations are a normal characteristic of the product and can make individual garments unique.

Sizing information is provided as a guide. Because body proportions and preferred fit vary, we cannot guarantee that a particular size will fit every individual in exactly the same manner.

Please refer to our Size Guide or contact us if you require assistance selecting a size.

Nothing in this section affects your rights where merchandise is defective, materially different from its description, or otherwise protected under applicable consumer law.

4. Prices, Taxes & Currency

Prices, discounts, and promotions may change without notice.

The price charged for a product or service will generally be the price displayed at the time the order is placed, subject to correction of obvious pricing or technical errors and applicable law.

Applicable sales taxes will be calculated where required.

Unless otherwise expressly stated, product prices do not include shipping, customs duties, tariffs, import taxes, brokerage fees, handling charges, or other import-related charges.

For international orders, currency conversion or foreign transaction fees may also be charged by your bank, card issuer, or payment provider.

Prices displayed online may differ from prices offered at physical locations, events, pop-ups, or through third-party sales channels.

Promotions may be subject to separate terms. Where specific promotion terms conflict with these Terms, the promotion terms will govern for that promotion.

5. Orders & Order Acceptance

Submitting an order through our website constitutes an offer to purchase the selected merchandise.

Receiving an automated order confirmation does not necessarily mean that your order has been accepted.

We reserve the right to review, accept, limit, or decline an order for legitimate business reasons, including:

• Merchandise being unavailable

• An obvious pricing or product-description error

• Payment authorization problems

• Suspected fraud or unauthorized transactions

• Shipping restrictions

• Errors in customer or delivery information

• Orders appearing to involve unauthorized commercial resale

• Legal or regulatory restrictions

We may be unable to accommodate cancellation or modification requests after an order has been accepted or entered processing.

If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method.

We may limit quantities purchased per customer, household, account, payment method, or order where reasonably necessary.

6. Product Availability

All merchandise is subject to availability.

Although our inventory systems are designed to reflect current stock, occasionally an item may become unavailable after an order is submitted.

If this occurs, we will contact you and may offer an alternative product, a backorder option where available, or a refund for the unavailable item.

We reserve the right to discontinue products, colours, styles, fabrics, or sizes at any time.

7. Custom, Personalized & Team Orders

GYMagic Inc. offers certain custom-made, personalized, special-order, and team merchandise.

Because these products may be manufactured, decorated, printed, embellished, or otherwise produced specifically for the customer or organization, additional terms may apply.

Customers are responsible for reviewing and approving applicable details before production, including where relevant:

• Sizes and quantities

• Colours

• Artwork and designs

• Names and spelling

• Logos

• Rhinestone or embellishment placement

• Personalization

• Other approved specifications

Once production of a custom or personalized order has begun, changes or cancellations may not be possible.

Custom-made, personalized, and special-order merchandise is generally non-returnable and non-refundable, except where the merchandise is defective, does not conform to approved specifications, or where return or refund rights are otherwise required by applicable law.

Custom team orders may also be subject to a separate written quotation, invoice, agreement, or order terms. Where specifically agreed custom-order terms conflict with these general Terms, the specifically agreed custom-order terms will govern to the extent of that conflict, subject to applicable law.

8. Payment & Billing Information

You agree to provide current, complete, and accurate purchase, billing, shipping, contact, and payment information for all purchases made through our store.

You are responsible for promptly updating information associated with your account where necessary.

You represent that you are authorized to use the payment method provided and that the information supplied is accurate.

Payment processing may be performed by Shopify and other authorized third-party payment providers. Your use of those payment services may also be subject to the provider's applicable terms and privacy practices.

9. Shipping & Delivery

Order processing, shipping methods, delivery estimates, tracking, damaged shipments, international delivery, customs, duties, tariffs, import taxes, refused shipments, and in-store pickup are governed by our Shipping Policy.

Delivery dates and carrier transit times are estimates unless expressly stated otherwise and may be affected by circumstances outside GYMagic Inc.'s reasonable control.

Customers are responsible for providing complete and accurate delivery information.

Nothing in this section limits rights or remedies available under applicable consumer protection laws.

10. Returns, Exchanges & Refunds

Returns, exchanges, refunds, Final Sale merchandise, damaged or incorrect merchandise, and other return-related matters are governed by our Returns & Refunds Policy.

Certain merchandise, including custom-made and clearly personalized products, may not be eligible for return except where required by applicable law.

Nothing in these Terms limits mandatory consumer rights that apply to your purchase.

11. European Union & Other International Consumer Rights

Customers located outside Canada may have mandatory consumer rights under the laws applicable to their purchase.

Where European Union consumer protection laws apply to an eligible distance sale, consumers may have a statutory 14-day right of withdrawal, subject to applicable conditions and exceptions.

Certain goods, including merchandise made to a customer's specifications or clearly personalized, may be excluded from the statutory right of withdrawal where permitted by law.

Details regarding the EU right of withdrawal are provided in our Returns & Refunds Policy.

Nothing in these Terms is intended to waive or restrict mandatory consumer rights that cannot lawfully be excluded or limited.

12. Relationship with Shopify

GYMagic Inc. is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with GYMagic Inc.

By using the Services, you acknowledge that Shopify is not the seller of GYMagic merchandise and is not responsible for the sales transaction between you and GYMagic Inc., including claims arising from products or services purchased directly from GYMagic Inc.

To the extent permitted by applicable law, Shopify and its affiliates are released from claims, damages, and liabilities arising directly from purchases and transactions between you and GYMagic Inc.

13. Intellectual Property

Unless otherwise stated, the content of this website—including the GYMagic name, logos, product designs, graphics, photographs, artwork, text, videos, layouts, branding, and other original content—is owned by, licensed to, or used with permission by GYMagic Inc. and is protected by applicable intellectual property laws.

You may use our website for personal, non-commercial shopping and informational purposes.

You may not reproduce, copy, modify, distribute, publish, commercially exploit, store, transmit, publicly display, or create derivative works from our protected content without prior written permission from GYMagic Inc., except where permitted by law.

Nothing in these Terms grants you ownership of any GYMagic intellectual property.

Shopify's names, logos, product names, and trademarks remain the property of Shopify or its licensors.

All other third-party trademarks remain the property of their respective owners.

14. Customer-Supplied Artwork & Intellectual Property

If you provide GYMagic Inc. with a logo, name, artwork, photograph, graphic, trademark, or other material for use in a custom or personalized order, you represent that you own the material or have the necessary permission or authority for GYMagic Inc. to reproduce and use it for the purpose of fulfilling your order.

You agree that GYMagic Inc. may rely on that authorization in producing the requested merchandise.

We reserve the right to refuse artwork or customization requests that we reasonably believe may infringe another party's rights or violate applicable law.

15. Reviews, Feedback & User Submissions

If you submit a product review, photograph, testimonial, comment, feedback, suggestion, proposal, or other content to us or through our website, you remain responsible for that content.

You represent that you own the content or have the necessary rights to provide it.

Where you intentionally submit content for publication or marketing use, you grant GYMagic Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, adapt, and distribute that content in connection with our business, website, products, and marketing, subject to applicable privacy and consumer protection laws.

If compensation, discounts, gifts, or other incentives were provided in connection with a review or testimonial, you are responsible for making any disclosure required by applicable law.

You must not submit content that is unlawful, defamatory, threatening, obscene, fraudulent, misleading, infringing, malicious, or that violates another person's intellectual property, privacy, or other legal rights.

We reserve the right to moderate or remove user content where reasonably necessary.

16. Privacy & Shopify

Personal information collected by GYMagic Inc. through the Services is handled in accordance with our Privacy Policy.

Because our online store is hosted by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through our website may be transmitted to or processed by Shopify and authorized service providers, including providers located outside the province, country, or region in which you reside.

For more information about how GYMagic Inc., Shopify, and our service providers collect, use, disclose, retain, and protect personal information, please review our Privacy Policy and Shopify's applicable privacy notices.

Nothing in this section limits any privacy rights available to you under applicable law.

17. Optional Tools & Third-Party Services

We may provide access to third-party tools, applications, services, integrations, payment providers, shipping providers, social media services, or other technologies.

These third-party services may operate under their own terms, policies, and privacy practices.

We do not control third-party services and are not responsible for their independent content, availability, security, or practices except where responsibility cannot legally be excluded.

Your use of third-party tools is at your discretion and may be subject to separate terms.

18. Third-Party Links

Our Services may contain links to websites or content provided or operated by third parties.

We do not control those websites and are not responsible for independently operated third-party content, policies, practices, security, or availability.

If you leave our Services to access a third-party website, you should review that third party's terms and privacy policies before completing a transaction or providing personal information.

Complaints or concerns relating solely to a third-party product or service should generally be directed to that third party.

19. Errors, Inaccuracies & Omissions

Occasionally our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, delivery estimates, or other information.

We reserve the right to correct errors, update information, or cancel an affected order where reasonably necessary, including after an order has been submitted, subject to applicable law.

If we cancel an order for which payment has already been collected, we will issue the applicable refund.

20. Prohibited Uses

You may use the Services only for lawful purposes.

You may not use our website or Services:

• For unlawful, fraudulent, or malicious purposes

• To violate applicable laws or regulations

• To infringe our intellectual property rights or those of another person

• To harass, threaten, defame, abuse, or unlawfully discriminate against another person

• To submit false or misleading information

• To impersonate another person or entity

• To transmit malicious software or harmful code

• To collect another person's personal information without authorization

• To spam, phish, pharm, pretext, scrape, crawl, or otherwise misuse the Services contrary to applicable law

• To circumvent website security measures, access controls, or technical restrictions

• To interfere with the normal operation, security, or performance of the Services

• To commercially extract or exploit website content without authorization

We may restrict or terminate access to our Services for material violations of these provisions.

21. Automated Tools & Agents

Certain automated tools, software, artificial intelligence systems, or digital agents may access or interact with our Services on behalf of users.

Any automated system or agent accessing the Services must comply with these Terms, applicable technical requirements, security controls, access restrictions, and applicable law.

Automated systems must not:

• Misrepresent automated activity as human activity where identification is reasonably required

• Circumvent CAPTCHAs, security systems, access controls, or other technical restrictions

• Interfere with the operation, security, or performance of the Services

• Collect personal or proprietary information without authorization

• Scrape, reproduce, or commercially exploit protected website content contrary to these Terms or applicable law

• Continue accessing the Services where GYMagic Inc. or its technology providers have expressly restricted such access

GYMagic Inc. may use reasonable technical measures to manage, limit, or prevent automated access to its Services.

Nothing in this section prevents legitimate search engines, accessibility tools, authorized shopping services, or other permitted technologies from accessing the Services in accordance with applicable requirements.

22. Disclaimer of Warranties

We make reasonable efforts to provide a reliable, accurate, and secure website, but we do not guarantee that the website will always be uninterrupted, error-free, timely, or continuously available.

General information provided through the Services is made available for informational purposes and should not be treated as professional advice.

To the maximum extent permitted by applicable law, the website and its general informational content are provided on an “as available” basis.

Nothing in these Terms excludes or limits warranties, conditions, guarantees, remedies, or consumer rights that cannot lawfully be excluded or limited.

23. Limitation of Liability

To the maximum extent permitted by applicable law, GYMagic Inc. and its directors, officers, employees, agents, contractors, service providers, affiliates, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from use of the website or Services where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by law.

Nothing in this section limits your statutory rights or remedies relating to defective, unsafe, misdescribed, or otherwise non-conforming merchandise where those rights cannot legally be excluded.

24. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless GYMagic Inc., its directors, officers, employees, agents, contractors, affiliates, licensors, and service providers from third-party claims, losses, liabilities, damages, or reasonable legal costs resulting from:

• Your material breach of these Terms

• Your unlawful use of the Services

• Your violation of another party's rights

• Unauthorized or infringing customer-supplied content

GYMagic Inc. will provide reasonable notice of an indemnifiable claim where practicable and may participate in or control the defence of the claim where appropriate.

Nothing in this section creates an obligation that cannot legally be imposed under applicable law.

25. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

26. Termination

These Terms remain effective while you use our Services.

You may stop using our Services at any time.

We may suspend or terminate your account or access to the Services where reasonably necessary because of a material violation of these Terms, fraud, misuse, security concerns, payment issues, or legal requirements.

Obligations and provisions that by their nature should survive termination—including intellectual property, payment obligations, limitations of liability, indemnification, privacy-related provisions, and governing law—will continue after termination.

27. Waiver & Entire Agreement

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement between you and GYMagic Inc. regarding your use of the website and Services, except where separate written terms apply to a particular transaction or service.

Where separate written terms apply to a custom order, team order, wholesale relationship, Authorized Retailer relationship, consignment arrangement, or other specific business transaction, those specifically agreed terms may govern that transaction to the extent of any conflict, subject to applicable law.

28. Assignment

You may not transfer or assign your rights or obligations under these Terms without the prior written consent of GYMagic Inc., except where applicable law provides otherwise.

GYMagic Inc. may assign or transfer its rights and obligations under these Terms in connection with a merger, reorganization, sale of the business or substantially all of its assets, corporate restructuring, or similar transaction, subject to applicable law.

Any assignment will not reduce mandatory consumer rights relating to an existing purchase.

29. Governing Law

These Terms of Service and your use of the Services are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Nothing in this section limits any mandatory consumer protection rights or remedies that may apply to you under the laws of your province, state, country, or other applicable jurisdiction.

30. Changes to These Terms

You may review the current version of these Terms of Service on this page at any time.

GYMagic Inc. may update these Terms periodically to reflect changes to our Services, business practices, technology, policies, or legal requirements.

Where required by applicable law, we will provide notice of material changes.

Updated Terms will become effective on the date identified in the revised Terms or when otherwise permitted by applicable law.

Changes will not retroactively reduce rights associated with transactions completed before the effective date where doing so would be prohibited by law.

31. Contact Information

Questions regarding these Terms of Service may be sent to:

GYMagic Inc.
15-151 Nashdene Rd.
Scarborough, ON M1V 2T3
Canada

Email: sales@gymagic.ca
Telephone: 416-335-5963
Website: gymagic.ca