Terms of service

Fitness Equipment & Wellness Store

Last Updated: 12/23/2025

These Terms of Service (“Terms”) govern your access to and use of the website, products, and services (collectively, the “Services”) provided by Tophers Home Gyms, LLC], a Wisconsin limited liability company (“Company,” “we,” “us,” or “our”).

By accessing or purchasing from our website, you agree to these Terms.

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1. ELIGIBILITY

You must be at least 18 years old and legally capable of entering into a binding agreement to use our Services.

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2. PRODUCTS & SERVICES

We sell fitness equipment, wellness products, recovery tools, and related accessories, which may include high-ticket items such as gym machines, saunas, cold plunge systems, massage devices, or similar equipment.

All products are sold for general wellness and fitness purposes only and are not medical devices unless explicitly stated.

We reserve the right to:

• Modify or discontinue products

• Limit quantities

• Refuse service at our discretion

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3. HEALTH & MEDICAL DISCLAIMER

Our products and content are not intended to diagnose, treat, cure, or prevent any disease.

You acknowledge and agree that:

• You are responsible for consulting a physician before beginning any fitness or wellness program

• Use of fitness equipment carries inherent risks, including injury or death

• You assume all risks associated with product use

The Company is not responsible for injuries, misuse, or improper installation or operation.

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4. PRICING & PAYMENTS

All prices are in U.S. dollars unless stated otherwise.

You agree to pay:

• The full purchase price

• Applicable sales tax

• Shipping, freight, handling, and installation fees (if applicable)

Payments are processed by third-party processors (e.g., Stripe, PayPal, Affirm). We do not store payment details.

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5. ALL SALES FINAL / LIMITED RETURNS (HIGH-TICKET CLAUSE)

Due to the size, customization, hygiene considerations, and freight costs of fitness and wellness equipment:

ALL SALES ARE FINAL unless otherwise stated in writing at the time of purchase.

Returns, refunds, or cancellations may be denied for:

• Used equipment

• Opened wellness or recovery products

• Custom or made-to-order items

• Freight-shipped products

Any approved return is subject to:

• Restocking fees

• Return shipping costs

• Inspection approval

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6. SHIPPING, FREIGHT & DELIVERY

Many products ship via freight carriers.

You acknowledge:

• Delivery dates are estimates only

• You must inspect items upon delivery

• Damage must be reported within 48 hours of delivery

Risk of loss transfers to you upon confirmed delivery.

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7. INTELLECTUAL PROPERTY

All website content, branding, product descriptions, images, and media are owned by the Company and protected by law. Unauthorized use is prohibited.

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8. USER CONDUCT

You agree not to:

• Misuse the website or products

• Attempt fraudulent transactions or chargebacks

• Resell products without authorization

Violation may result in account termination and legal action.

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9. DISCLAIMERS

ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including merchantability and fitness for a particular purpose.

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10. LIMITATION OF LIABILITY

Our total liability shall not exceed the amount paid for the product giving rise to the claim.

We are not liable for indirect, incidental, or consequential damages.

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11. INDEMNIFICATION

You agree to indemnify and hold harmless the Company from any claims arising from your use, misuse, or resale of our products.

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12. GOVERNING LAW & VENUE

These Terms are governed by the laws of the State of Wisconsin.
Any disputes shall be resolved exclusively in Wisconsin courts.

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13. TERMINATION

We may suspend or terminate access at any time for violations of these Terms.

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14. CONTACT INFORMATION