PersonalHour® Purchasing Agreement (Legally Binding)
This Purchasing Agreement (“Agreement”) constitutes a legally binding contract between the purchaser (“Customer”) and PersonalHour® (“Company”). By placing an order, completing a purchase, or using any PersonalHour® product, the Customer acknowledges that they have read, understood, and agreed to be bound by this Agreement, the Shipping and Returns Policy, Warranty, and the Order Cancellation Policy.
1. Order Acceptance and Final Sale Terms
All orders are subject to acceptance by the Company.
By completing a purchase, the Customer agrees that:
- The order is final and binding, subject only to the terms outlined in the Cancellation Policy
- Product specifications, features, and configurations are understood and accepted prior to purchase
- The Customer has had the opportunity to request clarification, consultation, or additional information before placing the order
The Company shall not be responsible for misunderstandings resulting from failure to review product details prior to purchase.
2. Product Nature and Use
PersonalHour® products are professional fitness equipment intended for proper use in accordance with provided instructions.
The Customer agrees:
- To use the product only as intended
- To ensure proper setup, handling, and maintenance
- That improper use, misuse, neglect, or unauthorized modification voids any warranty or claim
The Company is not responsible for injuries, damages, or losses resulting from improper use or failure to follow instructions.
3. No Guarantee of Results
The Company makes no guarantees regarding:
- Fitness results
- Physical outcomes
- Performance improvements
All results depend on individual usage, physical condition, and adherence to proper training practices.
4. Shipping, Delivery, and Acceptance
All shipping, delivery, and inspection terms are governed by the Shipping Policy.
The Customer agrees:
- To accept delivery of all shipments
- Not to refuse or reject shipments under any circumstances
- To inspect products after delivery acceptance and follow all reporting procedures
Refusal of delivery constitutes a breach of this Agreement and may result in fees and loss of refund eligibility.
5. Damage, Claims, and Warranty Limitations
All claims for damage, defects, or missing items must strictly follow the procedures outlined in the Shipping Policy.
The Customer acknowledges:
- Failure to report damage within required timelines results in acceptance of the product in good condition
- Shipping damage does not automatically constitute a manufacturing defect
- All claims are subject to verification
The Company reserves the sole right to determine appropriate resolution, including repair, replacement parts, or partial compensation.
6. Returns, Cancellations, and Fees
All cancellations and returns are governed by the Order Cancellation Policy.
The Customer agrees:
- To follow all required procedures before requesting cancellation or return
- That applicable fees (including processing, logistics, and payment processing fees) may apply
- That all shipping costs, including return shipping and third party services, are the responsibility of the Customer, unless otherwise stated in writing
Refunds, if approved, will be reduced by all applicable costs incurred by the Company.
7. Limitation of Liability
To the fullest extent permitted by law, PersonalHour® shall not be liable for:
- Any indirect, incidental, consequential, or special damages
- Loss of use, loss of income, or personal injury claims not directly caused by a verified manufacturing defect
- Damages resulting from misuse, improper assembly, or failure to follow instructions
- Shipping delays, carrier-related issues, or external factors beyond Company control
The Company’s total liability, if any, shall not exceed the amount paid for the product.
8. Indemnification
The Customer agrees to indemnify, defend, and hold harmless PersonalHour®, its owners, employees, and affiliates from any claims, damages, liabilities, costs, or expenses arising from:
- Improper use of the product
- Violation of this Agreement
- Failure to follow safety instructions or policies
9. Dispute Resolution – Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement, the purchase, or use of PersonalHour® products shall be resolved exclusively through binding arbitration under the following terms:
- Governing Law: State of Ohio, United States
- Venue: Arbitration conducted in Ohio by a recognized arbitration authority
- Waiver: The Customer waives any right to litigation in court, including jury trials and class actions, except where prohibited by law
10. No Chargebacks Without Good Faith Resolution
The Customer agrees to contact the Company and attempt to resolve any issue in good faith prior to initiating any chargeback or dispute with a financial institution.
Unjustified chargebacks or disputes may result in:
- Denial of future service
- Recovery actions for associated costs
11. Reservation of Rights
The Company reserves the right to:
- Enforce all terms of this Agreement
- Deny claims that do not meet policy requirements
- Refuse service in cases of abuse, fraud, or violation of terms
12. Entire Agreement
This Agreement, together with the Shipping and Returns Policy, Warranty, and the Order Cancellation Policy, constitutes the entire agreement between the Customer and PersonalHour® and supersedes any prior communications or representations.
13. Modifications
PersonalHour® reserves the right to update or modify this Agreement at any time. The version in effect at the time of purchase shall govern the transaction.
14. Contact
For inquiries:
reformer@personalhour.com
