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Terms & Conditions

Last updated: September 6, 2016

Product and Order Terms & Conditions

1) Order Acceptance

The Terms & Conditions applicable to your purchase are those provided at the time of sale with your order. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

2) Returns

Please note that we can only process returns and refunds for items purchased directly from MERRITHEW™.

If you have purchased products through a reseller, you will need to deal with the retailer, reseller or distributor directly. All authorized returns must include an RA (Return Authorization) number. For complete information, see our Return and Refund Policy.

3) Price Information

While Merrithew.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Merrithew.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Merrithew.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Merrithew.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We strive to provide you with the best prices possible on Merrithew.com as well as in our stores. However, sometimes a price online does not match the price in a store or on another web site. Prices and availability are subject to change without notice.

4) Quantity Limits & Dealer Sales

Merrithew.com reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Merrithew.com account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer email and/or billing address provided should such limits be applied. Merrithew.com also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at sales@merrithew.com.

5) Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. If you are considering ordering custom upholstery, please contact us for a sample swatch chart.

6) Shipping & Freight Policy

UPON DELIVERY, PLEASE INSPECT YOUR ORDER AND NOTE ANY SHIPPING DAMAGE TO THE OUTER BOX/SKID ON THE CARRIER'S WAYBILL PRIOR TO SIGNING FOR RECEIPT OF THE ORDER.

If you appoint someone to sign for your order on your behalf, please ensure that they are aware of this requirement and are over 18 years of age.

WE WILL NOT BE RESPONSIBLE FOR DAMAGE TO YOUR ORDER THAT IS NOT REPORTED AND NOTED ON THE WAYBILL.

IMPORTANT: Please use care when opening your freight. Box cutters should not be used due to potential damage to upholstered parts on your equipment.

ANY DAMAGE TO PRODUCT OR MISSING/INCORRECT ITEMS MUST BE REPORTED WITHIN FIVE BUSINESS DAYS OF RECEIPT.

We cannot be responsible for, or make compensation for unforeseen delays caused by circumstances beyond our control. These circumstances may include shipping company delays, customs/border clearance delays, inclement weather and natural disasters.

For our more information, please refer to our

Shipping & Freight Policy

.

7) Warranty

The Company warrants that all new equipment is free of manufacturing defects in workmanship and materials, subject to the terms outlined in our Warranty Policy.

8) EU Regulation on Consumer Online Dispute Resolution

MERRITHEW™ complies with the EU Regulation on Consumer Online Dispute Resolution (ODR). The European Commission ODR platform allows consumers who have a complaint about a product or service bought online to submit the complaint via an online complaint form to a trader based in another EU member state.

For more information please visit the EU ODR Platform website or contact us at, sales@merrithew.com.

Health & Safety Precaution

Consult a physician before starting any exercise program. Discontinue exercise immediately if you experience pain or discomfort. Improper use of exercise equipment may cause serious injury.

Use MERRITHEW equipment (including the STOTT PILATES® line of equipment) only after "use and safety" training by certified instructors. By choosing to use MERRITHEW equipment, you and your clients and patients assume the sole responsibility for its proper use.

You agree to release, indemnify, and hold harmless all retailers, distributors, and manufacturers for injuries resulting from your unsafe or improper use of MERRITHEW equipment.

To prevent unsafe or improper use of MERRITHEW equipment, please read all assembly information thoroughly and follow the directions carefully.

  • MERRITHEW equipment and its components are subject to wear and stress.
  • Proper maintenance and timely replacement of your equipment or component parts is your responsibility.
  • Consult your user's manual to determine when to replace parts.

Product Safety

You further agree that you understand and accept the following warnings and cautions as they relate to A) MERRITHEW video and DVD exercise programs and B) MERRITHEW exercise products:

A) STOTT PILATES DVD Exercise Programs

Any video programs produced and sold by MERRITHEW are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent is strictly forbidden by law, including United States federal law. Violators will be prosecuted to the maximum extent of the law. Please note the following important cautions before using any MERRITHEW (including but not limited to STOTT PILATES, ZEN•GA™ or CORE™ exercise programs or product) ; and note that not all exercises are suitable for everyone, and any exercise program may result in injury. Consult with your doctor before embarking on a MERRITHEW exercise program or any other exercise program. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise program. For example, women who are menstruating should not practice inverted poses, back bends, or vigorous standing poses. Pregnant women should not practice twists or any abdominal tightening poses. Other special cautions may apply to individuals with specific health issues. For that reason, you should consult your doctor to find out if special restrictions apply to you. The creators, producers, performers, participants and distributors of MERRITHEW programs cannot guarantee that the programs are safe and proper for every individual. For that reason, all MERRITHEW programs are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with MERRITHEW programs, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here, is expressly disclaimed.

B) STOTT PILATES Exercise Products

Please note the following important warning regarding the use of STOTT PILATES exercise equipment and exercise equipment in general:

Warning improper use of exercise equipment may cause serious bodily injury. To reduce risk of injury, please read the following:

  • Before starting any exercise program, consult a physician.
  • Before using the equipment, read and follow relevant safety instructions and obtain thorough instruction from a qualified trainer.
  • Use equipment only for intended exercises.
  • Make sure the equipment is properly adjusted for your size and ability level.
  • Stop exercising if you experience chest pain, feel faint, have difficulty breathing or experience musculoskeletal discomfort.
  • Keep body, hair and clothing free from all moving parts.
  • Do not use if equipment appears worn, broken or damaged. Do not attempt to repair equipment yourself.
  • Do not allow children to use or be around equipment without adult supervision.

Ratings and Reviews Terms & Conditions

Responsibility for your Submission

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to our website, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”).

Your Use of Submissions and Limitation of Liability

MERRITHEW provides Ratings & Reviews as a forum only. MERRITHEW is not liable for any statements, representations, or Submissions provided by its users in any public forum on our website or any Third Party site. Any Submissions, if displayed, are displayed for informational purposes only. MERRITHEW cannot guarantee the accuracy, integrity or quality of such Submissions.

You may access the Submissions and any other content on our website only as permitted under these Terms & Conditions and our Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Submissions other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of our website or features that prevent or restrict use of any Submission or enforce limitations on use of our website or the Submission therein. You may not interfere with or disrupt our website, or servers or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website, including by using any device, software or routine to bypass robot exclusion headers. MERRITHEW reserves all rights not expressly granted in and to the Submissions.

Your Content Submissions

By providing Submissions to MERRITHEW, you represent and warrant that:

Your Submissions will not be treated as confidential and proprietary, and MERRITHEW shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submission and distribute and/or incorporate such Submission into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

  • You understand you are participating in a public forum and that your Submissions will be available to all other users of our website and potentially Third Party sites;
  • All “moral rights” and other non-assignable rights that you may have in such Submissions have been voluntarily waived by you in favour of MERRITHEW and its successors and assigns;
  • All Content that you post is accurate;
  • You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use our website and agree to these Terms & Conditions;
  • That use of the Submissions you supply does not violate these Terms & Conditions and will not cause injury to any person or entity.

You also represent and warrant that any Submissions you submit:

  • Are not false, inaccurate or misleading;
  • Does not harm minors; the term “minor” means an individual under the age of 13 as provided by COPPA.
  • You own or otherwise control all of the Submissions that you post on our website and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party;
  • Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
  • Does not violate any obligations you may have with respect to such Submission under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership, corporation or other person;
  • Is not submitted for compensation or other consideration from any third party;
  • Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • Complies in all respects with these Terms & Conditions, our Privacy Policy and all Guidelines below;
  • Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” commercial electronic messages or any other form of solicitation;
  • Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

MERRITHEW does not endorse any Submission or any opinion, recommendation or advice expressed therein, and MERRITHEW absolves all liability with respect to Submissions.

If your Submissions include ideas, suggestions, documents or proposals to MERRITHEW (a) such Submissions are not confidential or proprietary and MERRITHEW has no obligation of confidentiality, express or implied, with respect thereto; (b) MERRITHEW may have something similar to that Submission already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Submission from MERRITHEW under any circumstances.

Guidelines for Submissions

We want to know what you think of the products you've tried, bought, know and love and we encourage you to share via email or submission form on product pages. When writing a review, posing a question on the Q&A Service, please consider the following guidelines:

  • Focus on the product and your individual experience using it;
  • Provide details about why you like or dislike a product;
  • All submitted reviews, comments and questions are read by our moderators and are subject to these Terms & Conditions.

You may not impersonate any person or entity, including, without limitation, any MERRITHEW official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use to collect or store personal information about others, including other users.

As noted above, MERRITHEW reserves the right to not post a review or to withdraw a posted review for any reason.

MERRITHEW Inc. My Story/Ratings & Reviews Monthly Giveaway – Official Rules

No purchase necessary to enter or win.

Eligibility

1. The MERRITHEW.COM MY STORY/RATINGS & REVIEWS SHOPPING SPREE GIVEAWAY (Giveaway) is open to all participants except residents of distributor territories: Australia, Brazil, China, Cyprus, France, Germany, Greece, Hong Kong, Italy, Mexico, New Zealand, Philippines, Spain, Turkey, and United Arab Emirates, who are over the age of majority in their country/province/territory of residence at the time of entry. Employees, representatives and agents of MERRITHEW, as well as the immediate family members (spouse, children, parents and siblings) and those living in the same household of such employees, representatives and agents are not eligible to enter. Void where prohibited by law.

How to Enter

2. Send your story/product review/entry via email to mystory@merrithew.com or by using the Ratings & Review board on any product page. To be eligible for the drawing in any particular Draw Period (see below) during the Giveaway Period, entrant must submit their email entry before 11:59:59PM EST, on the last day of the applicable Draw Period. Upon submission of your entry, you will be automatically entered in the Giveaway for the Draw Period in which your entry is received.

3. Limit one (1) entry per person, per Draw Period. All entries from individuals found to have entered more than once will be void.

4. In the event of a dispute over the identity of a potential winner, the potential winner may be required to provide identification sufficient to show that he/she is the person identified on the entry submission and is otherwise eligible to win.

5. All eligible entries received in a given Draw Period will be combined for that Draw Period’s drawing. MERRITHEW is not responsible for any lost, late, illegible, incomplete, falsified, destroyed, or failed entries, or for any electronic miscommunications or failures of any kind, which may limit an entrant’s ability to participate in this Giveaway. Proof of submitting an entry is not proof of receipt by MERRITHEW. All entries become the property of the MERRITHEW and will not be acknowledged or returned. Any and all lost, late, illegible, incomplete, falsified, destroyed, or failed entries will be disqualified. No purchase is necessary to enter or win, and a purchase will not increase the odds of your winning.

6. One (1) Prize of a $100 MERRITHEW shopping spree will be available to be won on each of the thirteen (13) Draw Dates set out in Section 19 below (each a “Draw Date”). At each Draw Date a random drawing from all eligible entries received during the Draw Period corresponding with that Draw Date (see section 19 below) will be held. The first entrant whose entry form is drawn on the Draw Date and who otherwise complies with these Giveaway Rules will be eligible to win a Prize. The chance of being selected will depend on the number of eligible entries received during the Draw Period corresponding to the relevant Draw Date.

Prize Draws

7. At the outset of the Giveaway, there are a total of thirteen (13) prizes available to be won. The number of prizes available will reduce as awarded. One (1) prize will be awarded for each Draw Period. Each prize is one (1) MERRITHEW shopping credit worth $100. There is a limit of one (1) prize per person during the entire Giveaway Period. The MERRITHEW shopping credit is redeemable only by telephone at 1-647-725-0945, or by e-mail at mystory@merrithew.com. The MERRITHEW credit cannot be redeemed at any other location, including STOTT PILATES® STUDIO or merrithew.com.

8. MERRITHEW will make reasonable efforts to contact potential winners by telephone (if telephone number provided) and/or email within ten (10) business days following the date of the relevant drawing. If the potential winner cannot be contacted within the time specified above or does not respond within fourteen (14) days of his/her being informed of his/her name being drawn, does not correctly answer the mathematical skill-testing question, is not otherwise an eligible entrant, or does not otherwise comply with the Official Rules, he/she will not win any prize. In this event, the prize will be awarded to an alternate entrant, who will be selected from among the remaining eligible entries. Any alternate winner will have the same rights and obligations as the original winner. To claim a prize, a potential winner must comply with the Official Rules for this Giveaway must correctly answer unaided a time-limited mathematical skill-testing question administered by MERRITHEW and must respond within fourteen (14) days of his/her being informed of his/her name being drawn.

Confirmation of Potential Winners

9. By participating in the Giveaway, entrants agree to be bound by these Official Rules, which are final and binding in all respects. No cash or other substitution or transfer of prizes is permitted, except that MERRITHEW reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Return of any prize notification as non-deliverable or failure to comply with the Official Rules will result in disqualification, and an alternate entrant may be randomly selected in accordance with the Official Rules. All taxes for prizes are the sole responsibility of the individual winners.

Miscellaneous

10. By participating, entrants agree: (1) that MERRITHEW may (unless prohibited by law) use winner’s name, city of residence, photograph, image and/or likeness for advertising and other promotional purposes, without further review or compensation, in any media, in perpetuity and worldwide; and (2) to hold MERRITHEW, its parent, divisions, affiliates, and other agents, and their respective directors, officers, employees, representatives, agents and assigns harmless against any and all claims, loss, liability, injury or damage to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of their acceptance, possession or use of a prize or their participation in this Giveaway.

11. MERRITHEW is not responsible for incomplete, lost or late entries or faulty transmissions, technical computer hardware or software failures of any kind, lost or interrupted or unavailable network connections, or failed, incomplete, garbled, misrouted, scrambled or delayed computer transmission, or other errors or problems of any kind, whether mechanical, human, electronic or otherwise, which may limit or affect in any way an entrant’s ability to participate in this Giveaway. MERRITHEW is not responsible for any typographical or other error in the printing of the offer, administration of this Giveaway or in the announcement of the prizes. MERRITHEW assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Giveaway; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of this Giveaway; (d) inaccessibility or unavailability of the entry portals on any particular day; or (e) any injury or damage to entrant’s or to any other person’s computer which may be related to or resulting from participating in the Giveaway or any attempt to obtain further information concerning this Giveaway.

12. MERRITHEW reserves the right (1) to disqualify any entrant and void any entries of an entrant who has engaged in unsportsmanlike conduct, fraud or other misconduct relative to this Giveaway or otherwise attempted to tamper with or impair this Giveaway; and/or (2) to cancel, modify, suspend or terminate this Giveaway, for any reason, including if, in MERRITHEW’s sole opinion, technical failures, applicable laws or regulations, virus, bugs, unauthorized human intervention or other cause beyond MERRITHEW’s control destroys the integrity of this Giveaway or otherwise corrupts or impairs the administration, security, legality, fairness or proper play of this Giveaway or any part thereof. Online entries must be made only by the original, manual keystrokes of the individual entrant. Use of any automated system including robotic, or form filling software to enter is prohibited and will result in disqualification of all entries by anyone using such assistance.

13. MERRITHEW also reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Giveaway, or to be acting in any manner MERRITHEW deems to be in violation of the Official Rules or disruptive, or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, this Giveaway is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, violation of applicable law or regulation or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, MERRITHEW reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway in whole or in part.

14. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MERRITHEW RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

15. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted on the entry form at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

16. Personal information gathered by MERRITHEW will be used for the purposes of administering the Giveaway, contacting potential winners and as otherwise permitted or required by law. Please see the MERRITHEW Privacy Policy for information on its policy toward maintaining the privacy and security of your information.

Personal Information

17. The Giveaway is subject to all federal, provincial and municipal laws. The Giveaway and the Official Rules will be exclusively governed and construed in accordance with the laws of the province of Ontario. Any dispute arising hereunder shall be governed by the laws of Ontario and shall be adjudicated in the applicable court in Toronto, Ontario.

18. Draw Date and Draw Period

Draw Date Draw Period
(entries received during this period will eligible for the Draw Date set out in the column to the left)
June 1, 2015 12:00AM EST, on May 1, 2015 to 11:59PM EST, on May 31, 2015
July 2, 2015 12:00AM EST, on June 1, 2015 to 11:59PM EST, on June 30, 2015
August 4, 2015 12:00AM EST, on July 1, 2015 to 11:59PM EST, on July 31, 2015
September 1, 2015 12:00AM EST, on Aug. 1, 2015 to 11:59PM EST, on August 31, 2015
October 1, 2015 12:00AM EST, on September 1, 2015 to 11:59PM EST, on September 30, 2015
November 2, 2015 12:00AM EST, on October 1, 2015 to 11:59PM EST, on October 31, 2015
December 1, 2015 12:00AM EST, on November 1, 2015 to 11:59PM EST, on November 30, 2015
January 4, 2016 12:00AM EST, on December 1, 2015 to 11:59PM EST, on December 31, 2015
February 1, 2016 12:00AM EST, on January 1, 2016 to 11:59PM EST, on January 31, 2016
March 1, 2016 12:00AM EST, on February 1, 2016 to 11:59PM EST, on February 29, 2016
April 1, 2016 12:00AM EST, on March 1, 2016 to 11:59PM EST, on March 31, 2016
May 2, 2016 12:00AM EST, on April 1, 2016 to 11:59PM EST, on April 30, 2016

Problems, Questions & Suggestions

If you have any problems or concerns with your order, or suggestions that will help us improve our shopping experience or products, please contact our Retail Sales Team toll-free in North America at 1-800-910-0001, toll-free in the U.K. at 0800-328-5676 or 1-416-482-4050. One of our Representatives will be happy to assist you.

If you have a question about our Terms & Conditions, please email us at, privacy@merrithew.com.

If you require special assistance or would like to review information about our policy, please see our Accessibility Standards.

MERRITHEW™, 2200 Yonge Street, Suite 500, Toronto, Ontario M4S 2C6, Canada.