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Terms of Service
These are the terms and conditions under which we supply our products to you.
Please read these terms carefully before ordering from us. These terms tell you what you need to know about purchasing from us. If you think there may be an error in these terms, please let us know. 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 Peregrina Motors Company SAS de CV, a company incorporated and registered in the United Mexican States with company RFC PMO2307143Z3. Our main office is located at CLL Dolores Guerrero 113-B, CTM Culhuacán section XA, 15900, Coyoacán, Mexico City.
1.2 How to contact us. You can contact us at contacto@gymhawk.mx.
1.3 How we may contact you. If we need to contact you, we will email you at the email address you provided to us when placing your order online or through our App or when making your purchase in-store.
2. Place an order
2.1 How you can place an order. Orders are placed through our website. Once you have added the product(s) you want to your basket, you will go through our checkout procedure where you will need to enter your contact details, delivery and billing information. Please check, double-check and even triple-check your order (e.g. product(s), size(s) and delivery address) before clicking the 'complete order' or 'pay now' button.
2.2 Acceptance of your order. Your order is an offer from you to purchase the product(s) in your basket. After you place an order, you will receive an email from us confirming that we have received your order. Our official acceptance of your order occurs when we email you to confirm that we have dispatched your product(s). It is at this point that a contract is formed between you and us. When we confirm your order, we will also confirm your order number. If you need to contact us about your order, you should quote this 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 you use to pay for the products you order. If you are under 18 years old, you may place an order only with the involvement of a parent or guardian.
3. Our rights to cancel your order
3.1 If we are unable to fulfil your order. In the unlikely event that we are unable to fulfil your order (for example, because the product is out of stock, we have not been able to verify the billing information you have provided, you have requested delivery to a country we do not currently ship to, or there has been an error in the price or description of the product), we will inform you by email and will not 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 anything unusual or suspect that our products are being exploited for commercial, business or resale purposes. If this happens to you and you believe we have made a mistake, please contact our customer service team via our email contact@gymhawk.mx
3.3 Suspension of supply of products. We may have to suspend the supply of a product to you in order to:
3.3.1 resolve technical problems or make minor technical changes;
3.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or
3.3.3 make changes to the Product as notified by us to you.
4. Our products
4.1 What we provide. We provide fitness equipment, including clothing, accessories and supplements.
4.2 Descriptions of our products. Images of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately, but we cannot guarantee that a device's screen will accurately reflect the colours of our products.
4.3 Gift Cards. You can purchase a gift card in the same way as any of our other products, however:
4.3.1 If you purchase a gift card online from gymhawk.mx or through our app, it will be issued to you in the form of a digital code.
4.3.2 Gift cards are valid for 12 months from the date of purchase;
4.3.3 Gift cards purchased online from gymhawk.mx, through our website (with Mexico City as the navigation country) can only be redeemed in our stores in national territory (Mexico either online, through our application or in the store);
4.3.4 Gift Cards cannot be redeemed for cash, resold or transferred and you may not purchase a Gift Card using another Gift Card as payment. No cash or credit will be given on purchases made with a Gift Card;
4.3.5 We do not accept any liability for lost, stolen, destroyed or damaged Gift Cards, or if any Gift Cards are used without your permission; and we cannot replace lost, stolen, destroyed or damaged Gift Cards; and
4.3.6 To check your gift card balance, please ask in-store, check your account online or through our app, or contact contacto@gymhawk.mx.
5. Delivery
5.1 Delivery destination. At the moment we only deliver within Mexican national territory.
5.2 Delivery costs. All shipments subject to current promotions found in the announcement bar of our website are free within the Mexican Republic.
5.3 Additional charges. Any customs, duties or other additional charges that apply to your order (if your order is delivered outside of Mexico, for example) will be your responsibility and are not included in the delivery costs.
5.4 When we will provide the products. Delivery of the products will depend on the delivery method you select during the ordering process. If you are purchasing products during promotional periods it may take slightly longer for our products to be delivered.
5.5 We are not responsible for delays outside our control. If delivery of the products is delayed due to an event outside our control (for example due to postal/courier delays, logistics or bad weather), we will inform you as soon as possible. If there is a risk of a substantial delay, you may contact us to cancel your order and we will refund you for any products you have paid for but not received.
5.6 If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be placed in your mailbox, the courier will notify you of the attempted delivery and advise you how to reschedule delivery or collection of the products.
6. Your rights to terminate the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, as set out below. We have a legal duty to supply products that conform to this contract and nothing in these terms will affect your legal rights.
6.2 If what you have purchased is faulty or differs substantially from how it is described on our website or app, you may have a legal right to end the contract (or to get the product replaced or a refund). In this case, returns will be free in Mexico provided you return the product within 30 days (unless otherwise stated on our website or app) from the date you receive it.
6.3 If you wish to end the contract for one of the reasons set out below, the contract will end immediately, we will refund you in full for any products you have paid for but which have not been supplied to you. The reasons are:
6.3.1 we have told you about an upcoming change to the product or these terms that you do not agree with;
6.3.2 we have informed you of an error in the price or description of the product you have ordered, and you do not wish to proceed;
6.3.3 we have informed you that delivery of the products may be significantly delayed due to events outside our control;
6.3.4 we have suspended supply of the products for technical reasons, or we notify you that we are going to suspend supply of the products for technical reasons, in each case for a period of more than four weeks; or
6.3.5 you have a legal right to end the contract because of something we have done wrong.
6.4 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless otherwise stated on our website) to change your mind and receive a refund (which does not affect your statutory rights in relation to faulty products). You have 30 days (unless otherwise stated on our website) from the day you (or someone you nominate) receives the products to change your mind. If your products are split into several deliveries on different days, you have up to 30 days (unless otherwise stated on our website) after the day you (or someone you nominate) receives the last delivery to change your mind. In both cases, you may have to pay the cost of the return as outlined in our returns process (but you will need to bring your original order number to do this). Please note that some products cannot be returned, such as:
6.4.1 swimwear, underwear, bottles and shakers due to health, safety and hygiene standards;
6.4.2 any products which have been sealed for health protection or hygiene reasons (for example socks) which have been unsealed after receipt or which are not in their original packaging or which have had any labels or hygiene slip removed;
6.4.3 goods that are custom-made or personalized items;
6.4.4 any product that has been damaged, used in any way or has had the care label cut and/or removed;
6.4.5 any product that is missing any component part when returned by you (unless this is due to something we have done); and
6.4.6 any product that is inseparably mixed with other items after delivery.
6.5 In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have the right to change your mind, you can still end the contract before the products are delivered and paid for - just contact us to let us know.
7. Returns and Refunds
7.1 Tell us you want to end the contract. To end the contract with us, ask us any questions or, in the unlikely event that you have any complaints about the product, let us know by contacting our customer service team via our online form at contact@gymhawk.mx, on our website or our app. Please provide your name, delivery address, order number and email address so we can help you quickly and easily.
7.2 Returning products after ending the contract. If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us. The process for returning products to us is set out in our Returns Policy. Visit our Returns Portal under "Policies" or on our App, enter the required information (including details of the product(s) you are returning and the reason(s) for the return) and follow the relevant instructions, including (if specified) printing a returns label. After this, you must drop off the package containing the product(s) you are returning (with the returns label firmly attached) at one of the collection points we identify for you. If you return a product purchased through our website to our store, you must bring your original order number with you. Unless otherwise stated on our website or our App, please ensure that the products are returned to us within 30 days of receiving them.
7.3 How and when we will refund you. We will refund the price you paid for the products (including any applicable delivery costs) using the method you used for payment. For purchases made on a part-card and part-gift card basis, the refund will be applied to the gift card first. If you used a discount code to purchase the product, the amount refunded will be reduced to take into account the benefit of any discount you received when purchasing the product. We will make any refund due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you.
8. Our rights to terminate the contract
8.1 We can end the contract if you break it. We can end the contract for a product at any time by writing to you if:
8.1.1 you fail to provide, within a reasonable time of us asking for it, information that is necessary for us to supply the products to you, for example, your delivery address; or
8.1.2 does not allow us, within a reasonable time, to deliver the products to you.
8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided to you.
9. Price and payment
9.1 Where to find the product price. The product price (which includes VAT) will be the price stated on the order pages when you placed your order and will be displayed on the products. We make sure that the product price advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your order and the date we supply the product, we will adjust the rate of VAT you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 We can change
the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we will update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website (as applicable) at the time you placed your order.
9.4 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product's correct price at your order date is less than our stated price at your order date, we will charge you the lower amount. If we accept and process your order where there is an obvious and unmistakable pricing error and which could reasonably have been recognised by you as a pricing error, we may end the contract, refund you any sums you have paid and require the return of any products we have supplied to you.
9.5 When you must pay and how you must pay. We accept payment by Visa, Mastercard, American Express, PayPal. We will not charge you until we dispatch the products to you, although the price you must pay for the products may appear as pending transactions against the payment method you use.
10. Discount Codes
10.1 From time to time we will release discount codes ("Codes") via email or other marketing channels. These Codes will allow a discount to be applied to a new order on gymhawk.mx. To apply a Code, enter it (and remember to click "apply") where specified during the checkout process.
Please note: Codes are valid for a limited period of time, as specified in the relevant email or marketing communication, and cannot be used outside of that period.
10.1.1 Unless expressly stated in the relevant email or marketing communication, Codes are only valid on full-price items and cannot be used on sale, outlet, promotional items or to purchase gift cards.
10.1.2 Only one Code may be applied per order. Codes cannot be used in conjunction with any other offer and are not available to personnel of Peregrina Motors Company SAS de CV or any of its group companies.
10.1.3 Codes are territory/store specific, cannot be redeemed for cash and are non-transferable.
10.1.4 Codes cannot be applied to shipping costs.
10.1.5 Returned items will be refunded at the discounted price paid (the discount applied between the goods on a pro rata basis). Where a qualifying spend is noted in relation to the use of a Code, if items purchased using that Code are subsequently returned to us and this reduces the amount spent below any qualifying level, the value of the offer may be deducted from any refund. This does not affect your statutory rights. A discount will not be applied to subsequently replaced items.
10.1.6 Orders are subject to stock availability and our acceptance. We reserve the right to refuse to accept orders where, in our reasonable opinion, a Code is not valid for the order placed or is subject to misuse or fraudulent activity.
10.1.7 We reserve the right to withdraw, modify or extend offers at any time with reasonable notice.
10.2 Specific offer terms and conditions are provided with each Code – for specific information relevant to that Code, please refer to the email or marketing communication in which it is highlighted.
11. Our Liability for Loss or Damage Suffered by You
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent representation; for breach of your legal rights in relation to products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose communicated to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act.
11.3 We are not liable for commercial losses. We only supply the products for private use. If you use the products for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How We May Use Your Personal Information
12.1 How we may use your personal information. We will only use your personal information as described in our Privacy Notice.
13. Other Important Terms
13.1 We may transfer this contract to another person. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not agree to the transfer, you may contact us to cancel the contract within seven days of us telling you about it and we will refund any payment you have made in advance for products not supplied.
13.2 You need our consent to transfer your rights to another person. You may only transfer your rights or obligations under these terms to another person if we agree in writing.
13.3 No one else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
13.4 We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website, so please make sure you check them before placing an order for our products to ensure you are aware of any changes that may have been made since your last visit to our website.
13.5 If any part of this contract is found by a court to be unlawful, the rest of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority finds any of them to be unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Even if we delay enforcing this contract, we can still do so later. If we do not insist straight away that you do anything you are required to do under these terms, or if we delay taking steps against you in relation to your breaking this contract, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.7 Laws applicable to this contract and where you can bring legal action. These terms are governed by PROFECO and you can bring legal action regarding the products in the courts of Mexico City. If you live in the interior of the republic, you can bring legal action regarding the products in the courts of Mexico City.