Effective Date: December 15, 2020
There is no reason for a Chargeback to ever be filed. If You think that Your credit card, debit card or Payment Method was used fraudulently on the Website, or if You want to RETURN or CANCEL an order, or for any other concern, please Contact Us for immediate resolution. We will be happy to help You.
1.1. If We determine in Our reasonable discretion that a Chargeback is likely for any transaction, We may withhold the amount of the transaction until the expiration of the period during which the User may dispute the transaction, the Chargeback is processed, or We determine that a Chargeback will not occur.
2.1. We accept the
Payment Methods published at www.fitnesssuperstore.com/payment-methods. You must provide an authorization through clicking “I Agree” for every payment . Your authorization is a binding agreement for Us to charge Your card or Payment Method; and as such You waive any right to file a Chargeback for any cause (excepting fraud), including a Force Majeure event, as defined in the Terms and Conditions, and agree to this Chargeback Policy.
2.2. YOU AGREE THAT YOU WILL NOT FILE A CHARGEBACK FOR ANY AMOUNTS CHARGED TO YOUR CREDIT, DEBIT CARD OR PAYMENT METHOD ON THE WEBSITE. If You want to dispute an order or charge, You agree to file for a Return or Cancellation, not a Chargeback.
2.3. If You file a Chargeback for a payment initiated by You or any authorized user of Your card or Payment Method, You agree that we may recover the amount of the Chargeback by any means deemed necessary, including, but not limited to, recharging Your card or Payment Method or having the amount recovered by a collection agency.
2.4. You understand and agree that in the event You initiate a Chargeback with a Payment Method provider for a Product or Service You have received and in fact owe payment for, and You are successful in recovering the disputed funds that would otherwise be owed to the Us, We will make every effort to provide documentation to the Payment Method provider that You did receive the Product or Service. We may in Our sole discretion dispute such Chargeback through all available means, including without limitation, by third-party debt collection services, in which event We shall be entitled to recover the cost of collection.
2.5. Further, We reserve the right to issue an invoice/send a bill to You for any and all Product or Service that We have sold and delivered to You. You hereby agree to pay the invoice or bill in full in the event that a Chargeback dispute is initiated. Should You fail to make appropriate payment, We shall pursue any and all available legal and equitable remedies available by law.
2.6. You acknowledge and agree that We will be entitled to recover any Chargebacks that may be imposed on Us by a Payment Method provider or third parties, plus associated fees, fines, expenses or penalties, as well as any processing or any other fees whatsoever incurred by Us on those Chargebacks, in addition to any other sums that may be due hereunder. We may recover these amounts by debiting Your account or setting off any amount owed to You.
3. Contesting Chargebacks
3.1. You agree to assist Us when requested, at Your expense, to investigate Your transaction with regard to the Chargeback. You agree to cooperate and provide all information that We request from You for the purposes of investigating and/or contesting a Chargeback. We will send such requests to the email address that You provide to Us and You must provide a full response to the request within fourteen (14) days, unless another timeframe is specified in the request.
3.2. Notwithstanding the termination of the availability of the Website or Our Products or Services to You for any reason, We shall remain entitled to contest and recover Chargebacks from You (and, where if relevant, from any party who has provided Us with a guarantee or security relating to Your obligations under this Policy).
4. Return of “Product Not As Described”
4.1. You agree not to file a Chargeback for the reason of “Product Not As Described”. If You want to dispute an order or charge, You agree to file for a
Return or Cancellation, not a Chargeback.
4.2. Return Shipping at Your Expense. If the Payment Method provider resolves a Chargeback in Your favor, You acknowledge and agree that You will return the Product to Us at Your own expense. You have to return the Product in the original packaging within 14 (fourteen) days of Your purchase with receipt or proof of purchase (“Return Period”). If the Return Period has passed since Your purchase, You acknowledge that by then, You have waived the right for a Chargeback or a Return.
4.3. Conditions of Product for Return. In order for a return of a Product to be accepted, it must meet the following conditions:
4.3.1. The Product must be unused.
4.3.2. The Product must be in its original state and packaging with the original tags attached.
4.3.3. Stickers on the Product box or packaging should not be removed or altered in any form.
4.4. We do not accept return or exchange Products that were:
4.4.1. Obtained from a source other than the Website.
4.4.2. Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
4.5. You will return the Product to us in the same condition that We sent it to You. We are not responsible for any loss or damage to the Product during shipment. We cannot be held liable for any loss, theft, breakage, delay, or failure to deliver caused by the shipping company. We will not be liable if We do not receive the returned Product or if We will receive it not in the same condition as You have sent it.
4.6. You must prepay and insure the shipping charges for all returns. Shipping and handling charges are not refundable.
4.7. After We receive the returned Product, Our team of professionals will inspect it.
5. Chargeback Fraud
5.1. A fraudulent Chargeback occurs when a customer attempts to dispute a charge for a Product or Service that he/she has actually purchased. Attempting to dispute a valid credit card charge is fraudulent and is illegal. We do not tolerate Chargeback Fraud, and We follow the following procedure when it takes place:
5.2. If You attempt to dispute or deny a valid charge, We will first contact You directly, because most disputed charges occur as a result of the customers not recognizing Our charge on their statement. You will have ten (10) calendar days to reverse Your dispute upon receipt of Our e-mail, letter, or phone call.
5.3. If You do not reverse the dispute or otherwise attempt to resolve the situation, We will file a police report with Your local authorities and seek criminal charges against You.
5.4. Your account will be turned over to a collection agency, which will initiate collection activities as well as report Your account as delinquent to all of the major credit bureaus.
5.5. If You still do not resolve the situation by either reversing the dispute or reimbursing Us for the amount disputed plus Our bank fees, We will file a civil lawsuit against You for the amount disputed, for bank fees related to the Chargeback, for additional damages for the harm Your Chargeback causes to Our merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly.
6. Chargeback Abuse Policy
6.1. You agree not to abuse any Payment Method provider’s Chargeback policy and this Chargeback Policy.
6.2. In the event that You have filed a Chargeback, and the Chargeback was resolved in Our favor by the Payment Method provider, You agree to terminate Your Chargeback with the Payment Method provider immediately, and You agree to reimburse Us for any costs incurred in researching and responding to such Chargeback, including without limitation, Our actual costs paid to the credit card processor or Our banks, other third parties, and the reasonable value of the time of Our employees and owners spent on the matter, as determined in Our discretion in good faith.
6.3. In the event that a Chargeback is placed or threatened on a purchase, We reserve the right to report the incident for inclusion in Chargeback abuser database(s) of Our choosing and in Our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for the abuser to use credit card(s) on future purchases with Us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to Us for any outstanding amount owed to Us + $150 for processing and handling by wire transfer or such other means as We may require. All legal fees and collection fees accrued in the entire process will be added to the total collection amount owed by abuser.
6.4. ALL UNRESOLVED CHARGEBACK ABUSE ISSUES COMMITTED WILL IMMEDIATELY BE REPORTED TO MAJOR CREDIT BUREAUS, CHARGEBACK ABUSERS DATABASES, AND COLLECTION COMPANIES. THIS CAN SEVERELY DAMAGE CREDIT RATINGS FOR UP TO 7 YEARS.