Terms of service
Approved policy revision: September 8, 2026. Applies to new orders from publication. Existing orders retain their agreed terms.
Build A Gym Terms of Service
Overview
This website is operated by Build A Gym. Throughout the site, the terms “we,” “us,” and “our” refer to Build A Gym. By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional policies referenced herein.
These Terms apply to all users of the site, including browsers, customers, vendors, and contributors of content.
Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence and that you have the legal authority to enter into this agreement.
You may not use our products for any illegal or unauthorized purpose, nor violate any applicable laws in your jurisdiction.
Product Information & Availability
Build A Gym specializes in new, remanufactured, and used commercial gym equipment. Product descriptions, specifications, condition details, and photos are provided to the best of our ability. Due to the nature of commercial equipment, minor cosmetic variations may exist.
We reserve the right to modify or discontinue products, limit quantities, or refuse service at any time.
Pricing & Payment
All prices are listed in U.S. dollars unless otherwise stated and are subject to change without notice.
By placing an order, you authorize Build A Gym to charge your selected payment method for the full order total, including applicable taxes and shipping fees.
Order Cancellation
Cancellation terms, fees, and eligibility are governed by our Return, Exchange & Refund Policy, which is incorporated into these Terms by reference. Once an order has shipped, it is no longer eligible for cancellation.
Shipping & Freight
Many products ship via LTL freight. The customer is responsible for ensuring adequate delivery access, including but not limited to driveway clearance, business hours, liftgate requirements, and on-site availability. Full shipping terms are set out in our Shipping Policy, which is incorporated into these Terms by reference.
Risk of loss transfers to the customer upon delivery. Customers must inspect all shipments at delivery and note any visible damage on the carrier's delivery receipt before signing.
Record visible freight damage before signing whenever possible. Report concealed damage within 48 hours of delivery at buildagym.com/freightclaim. Late reports or damage not recorded on the receipt require prompt contact and manual review; they are not automatically denied by this statement.
Delivery Access & Redelivery Fees
Additional charges resulting from missed delivery appointments, inaccessible locations, incorrect delivery information, or carrier re-delivery attempts are the responsibility of the customer and may be billed after delivery.
Refused Shipments
Build A Gym-authorized refusal for documented freight damage does not carry a 15% restocking fee. Contact us while the driver is present when possible, document the damage, and do not unload an unsafe shipment. If we cannot be reached or there is a dispute, request manual review. Refusals for other reasons follow the applicable return eligibility and fee rules.
For refusals other than Build A Gym-authorized freight-damage refusals, applicable charges may include:
- All outbound and return freight charges
- Applicable restocking fees as outlined in our Return, Exchange & Refund Policy
Refunds, if applicable, are issued only after the item is returned, received, and inspected.
Installation & Use Acceptance
Installation, assembly, powering on, or use of any product constitutes acceptance of the item as delivered.
Request an eligible return within 30 days of delivery. This is not a 30-day trial. Custom or made-to-order items, designated final-sale/as-is items, and equipment that has been installed, assembled, or used are excluded from standard returns, including equipment assembled through our installation service. Obtain a Return Authorization before shipping anything back. Freight-damage and warranty issues follow their separate claim processes. An approved warranty claim follows the warranty repair process and does not independently make excluded equipment eligible for return.
Returns, Exchanges & Refunds
All returns, exchanges, restocking fees, shipping responsibilities, eligibility requirements, and refund processing are governed by our Return, Exchange & Refund Policy, which is incorporated into these Terms.
Outbound shipping costs are non-refundable. Refunds are issued to the original payment method only after returned or exchanged items are received and inspected.
Warranty, Defects & Transit Damage
Warranty claims and freight damage claims are handled separately from standard returns and exchanges.
Customers must submit their order number and supporting photos when filing a claim. Items damaged during transit are covered under our freight claim process. Warranty issues, including equipment that is dead-on-arrival, are resolved through our warranty repair process (replacement parts and, when needed, an on-site technician), not through return or exchange. The claim or repair itself carries no restocking fee. A customer-elected return instead of warranty repair or freight claim resolution must independently meet standard return eligibility; if approved, the standard 15% restocking fee, customer-paid return freight, and non-refundable outbound shipping apply. Build A Gym-authorized refusal for documented freight damage does not carry the 15% restocking fee.
Submission of a warranty or damage claim does not guarantee replacement, repair, or refund and is subject to inspection and approval.
SMS Messaging & Communications
By providing your phone number at checkout or through our website, you may receive transactional and informational text messages from Build A Gym about your order, including confirmations, shipping updates, delivery coordination, and customer service.
Marketing and promotional texts (including abandoned-cart reminders and offers) are sent only if you separately opt in, such as by checking an optional SMS box. Providing a phone number is not, by itself, consent to marketing texts. Consent to marketing SMS is not a condition of purchase.
Message frequency may vary. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Or email sales@buildagym.com.
We do not share mobile numbers or SMS opt-in information with third parties or affiliates for their marketing or promotional purposes.
The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
User Content
If you submit reviews, photos, testimonials, or other content to us (including content submitted with a return, warranty, or support request), you grant Build A Gym a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with operating and marketing our business. You represent that you have the right to submit that content.
Limitation of Liability
Build A Gym shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our products or services, including but not limited to lost profits, downtime, or business interruption.
Our total liability shall not exceed the purchase price of the product in question.
Indemnification
You agree to indemnify, defend, and hold harmless Build A Gym and its owners, employees, and affiliates from any claim or demand arising from your breach of these Terms or misuse of our products.
Force Majeure
Build A Gym shall not be responsible for delays, failures, or interruptions caused by events beyond our reasonable control, including but not limited to natural disasters, weather events, carrier delays, labor disruptions, supply chain interruptions, governmental actions, or other unforeseen circumstances.
Governing Law & Venue
These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Williamson County, Texas, and you consent to the personal jurisdiction of those courts.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Return, Exchange & Refund Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and Build A Gym regarding your use of the Site and any purchase made through it, and supersede any prior agreements.
Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes are effective immediately upon posting. Continued use of the site constitutes acceptance of the revised Terms.