Terms of service

Revision 01.03 (Effective April 1, 2021)

DELSA LLC (“DELSA”, “we”, or “us”) is a premium provider of handcrafted wooden exercise equipment (“Products”) and operates the website
DELSA.com as well as various social media sites and smart phone apps (collectively, “Sites”). These Unied Terms of Sale, Terms of Use,
and Privacy Policy (collectively, “Terms”) govern your use of the Sites and any purchases you make from us. In this Agreement, the term
“you” means the person who (or the entity on whose behalf you are acting) is agreeing to these Terms. By accessing, using, subscribing, or
registering for our Sites, or by making purchases from us, you signify electronically your agreement to be bound by these Terms. If you do
not agree to these Terms, do not use or access the Sites and do not make purchases from us.

1. Terms of Sale. You may decide to purchase Products from us. In the event you elect to purchase Products from us, the following terms
apply.

2.
1. Submitting an Order. By completing and submitting an order, you are making an offer to purchase goods which, if accepted by us, will result
in a binding contract. We reserve the right to cancel, terminate, or not process orders (including accepted orders) without limitation or
liability. If we do not process an order, we will advise you that the order has been cancelled and will either not charge you or will apply credit
to the payment type used in the order.
2. Returns. We accept returns of new, undamaged Products in resaleable condition for any reason within 15 days of receipt of the applicable
product by you. All Products will be deemed to have been received by you on (a) for deliveries by common carrier (e.g. UPS), the day
tracking information indicates delivery to you; or (b) for in-person pick-up, the day you physically take possession of the Product from us. To
initiate a return, you must rst contact us to request a Return Material Authorization (“RMA”).
8/8/23, 11:12 AM Delsa Home Fitness - Terms & Conditions
https://delsa.com/terms-conditions/ 2/5

3. Loss or Damage in Shipping. The risk of loss or damage on all Products shipped to you shall pass to you when we tender the Products to
common carrier for shipment. All Products shipped by common carrier are insured up to the purchase price.

4. Shipping Costs. Shipping costs will be calculated at checkout and added to your order. If for any reason you need to return or ship
Product(s) back to us, you must bear the cost of return shipping. Upon request, we may provide a shipping label to assist you in the return of
Products to us. The cost of the return shipping will be deducted from any refund due to you.

5. Product Warranty. We guarantee our Products against defects in materials and workmanship for a period of one year from the date of
original purchase. The warranty is exclusive to the original purchaser, non-transferrable, and does not cover damage due to misuse, abuse,
or neglect. At our option, we will repair or replace eligible Products during the warranty period. In the interest of eciency, we may provide
parts to you and require that you perform some simple services yourself. In the event that your Product cannot be repaired or replaced (e.g.
in the event a product is discontinued), we may provide a substitute product. All determinations regarding the scope of this warranty,
covered claims, and the resolution of claims shall be in our sole, absolute, and nonreviewable discretion. We will pay for shipping on all
covered warranty claims within the 48 contiguous states. To submit a warranty claim, please contact our customer service. Please note
that the Products are made from wood and that no tree is created perfect. We hand-pick the best materials, but some irregularities like
knots, streaks, and small chips and color variations should be expected. The warranty does not cover these type of irregularities.

. Extended Warranty. You may extend your warranty for two additional years (for a total of three years from the date of original purchase) at
no cost by registering your Product(s) with us within six (6) months of the date of original purchase.

7. No Other Warranties. Except as expressly provided in the section “Product Warranty”, the Products are provided “as is”, “with all faults”, and
there are no other warranties. YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM
IMPLIED WARRANTIES THAT THE PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, RELIABLE, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE PRODUCTS WILL BE EFFECTIVE, RELIABLE,
ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE ON THE SITES OR GIVEN BY OUR
REPRESENTATIVES SHALL CREATE A WARRANTY.

8. Limitation of Liability. OUR PRODUCTS ARE INTENDED FOR USE BY ADULTS ONLY. CHILDREN SHOULD NOT USE OUR PRODUCTS.
EXERCISE EQUIPMENT CAN CAUSE INJURY IF USED IMPROPERLY. INJURIES CAN BE CAUSED BY FALLING, TIPPING, OR STRAINING.
INJURIES CAN INCLUDE BUMPS, BRUISES, CUTS, STRAINED OR PULLED MUSCLES, TOOTH DAMAGE, AND BROKEN BONES. EACH OF OUR
PRODUCTS ARE PROVIDED WITH INSTRUCTIONS. YOU ARE SOLELY RESPONSIBLE FOR READING AND FOLLOWING ALL APPLICABLE
INSTRUCTIONS. WHILE EVERY EFFORT HAS BEEN MADE TO MAKE OUR PRODUCTS AS SAFE AS POSSIBLE, IT IS IMPOSSIBLE TO
MITIGATE EVERY POSSIBLE RISK OF INJURY. ACCORDINGLY, USE OUR PRODUCTS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE
8/8/23, 11:12 AM Delsa Home Fitness - Terms & Conditions
https://delsa.com/terms-conditions/ 3/5
LIABLE FOR PERSONAL INJURY CAUSED BY OUR PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS. THESE EXCLUSIONS APPLY TO ANY CLAIMS
FOR LOST PROFITS, LOSS OF GOODWILL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT YOUR STATE PROHIBITS THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT
SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE PRODUCTS EXCEED THE TOTAL AMOUNT YOU
PAID FOR THE PARTICULAR PRODUCT AT ISSUE.

9. Your Physical Limitations. You should consult your doctor before engaging in any exercise program using our Products, including but not
limited to the exercise programs (“Classes”) we make available to you. We make no representations or warranties that our Products and
Classes are suitable for you based on your physical condition or your tness level and you hereby acknowledge this disclaimer and that we
are not responsible in providing you with any medical or healthcare advice prior to using our Products and Classes. Our Products and
Classes are not suited for individuals over 220 pounds and/ or with certain medical condition(s) that would put them at higher risk of bodily
harm or injury. We are not responsible in any way for any injuries or health problems, including, without limitation, incapacity or death, which
may result from use of our Products and Classes.

3. Terms of Use of the Sites (“Site Terms”)
1. Submissions. The Sites may provide for you to submit information to us. Information may be expressly submitted (e.g. by sending us an
email or by submitting an order) or information may be submitted indirectly (e.g. the URL of the pages you visit on the Sites or the type of
computer you are using to access the Sites.) In the event you submit information to us, the following terms apply.
1. Your Information. By accessing the Sites, or creating a user account, you agree that any information you provide to us will be current,
accurate and complete, and you will promptly update this information if it changes.
2. Passwords and Security. If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the
condentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility
for all activities that occur on your account or with your password. In the event that the condentiality of your account or password is
compromised in any manner, you will notify DELSA immediately. DELSA reserves the right to take any and all action, to maintain the security
of the Sites and your account. While DELSA takes prudent steps to protect your account and the Sites, it cannot protect your information
outside of the Sites. DELSA may rely on the authority of anyone accessing your account or using your password and in no event will DELSA
be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of DELSA under this provision; (ii)
8/8/23, 11:12 AM Delsa Home Fitness - Terms & Conditions
https://delsa.com/terms-conditions/ 4/5
any compromise of the condentiality of your account or password; and (iii) any unauthorized access to your account or use of your
password.
3. Condentiality of Submissions. Except for payment card information, you agree that any materials, including but not limited to questions,
comments, ideas, plans or other information, provided by you in the form of email or submissions to DELSA are non-condential (subject to
our Privacy Policy) and that you remain solely responsible and liable for your Submissions.
4. Restrictions for Submissions. By using the Sites, you agree not to (a) upload to, distribute, create through or otherwise publish through the
Sites any content that is unlawful, defamatory, obscene, indecent, threatening, or is otherwise objectionable; (b) upload or transmit any
content that would constitute or encourage a criminal offense or violate any local, state or federal law; (c) upload or transmit any content
that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) impersonate or
misrepresent any person or entity or your aliation with a person or entity;(e) upload to, distribute or otherwise publish through the Sites any
content such as charity requests relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings,
any form of unsolicited commercial email or “spam.”
2. Intellectual Property. All Site Materials (dened below) are owned by DELSA and others and are protected by United States and international
copyright, trademark and other laws. DELSA and respective designs and/or logos are either trademarks or registered trademarks of DELSA
and may not be copied, imitated or used, in whole or in part, without the prior written permission of DELSA. In addition, all page headers,
custom graphics, button icons, and scripts are trademarks, and/or trade dress of DELSA, and may not be copied, imitated, or used, in whole
or in part, without the prior written permission of DELSA. All other trademarks, registered trademarks, product names and company names
or logos mentioned are the property of their respective owners.
3. Site Access. Your access and use of the Sites are limited to your personal use only. Such grant does not include, without limitation: (a) any
resale or commercial use of the Sites or any Site Materials (dened below); (b) copying, imitating, mirroring, reproducing, publishing,
downloading, displaying, any Site Materials and DELSA trademarks, in any form or by any means. “Site Materials” means all materials on the
Sites, including, without limitation, trademarks, design, product description, HTML text, graphics, photographs, codes or software layout. Any
unauthorized use of the Sites will be prosecuted to the fullest extent of the law.
4. Changes, Misprints and Errors. We: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites,
the prices or specications of such goods and services, and any promotional offers and any other Site Materials at any time and from time
to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale
on the Sites will be available when ordered or thereafter; (c) do not warrant that information on the Site (including without limitation product
descriptions or photographs) is accurate, complete, reliable, current, or error-free.
8/8/23, 11:12 AM Delsa Home Fitness - Terms & Conditions
https://delsa.com/terms-conditions/ 5/5
5. Consent to Electronic Communication. When you visit the Sites, chat with us, or send email to us, you are communicating with us
electronically that may or may not be encrypted. You acknowledge and agree that unencrypted email sent over the Internet is not secure and
may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your
information (including your personal information) from time to time in an unencrypted manner.