Terms of service

Last Updated: July 21, 2026

Access to, browsing, and use of the website fulcrogym.com (hereinafter, the "Site") and the purchase of the products offered therein are governed by these General Terms and Conditions (hereinafter, the "Terms"). By using the Site or completing a purchase, the User ("Buyer") fully, irrevocably, and unreservedly accepts these Terms.

Article 1. Definitions

  • "Company": refers to Fulcro, with its registered office at Via duca degli Abruzzi 18, 67030 Alfedena AQ, Italy.

  • "Products": refers to the sports equipment, gym machinery, and accessories offered for sale on the Site.

Article 2. Product Design, Intellectual Property, and "Passing Off" Disclaimer

2.1. Acknowledgment of Similarity. The Buyer expressly acknowledges and fully assumes the risk that certain machinery and equipment sold through the Site may feature a design, aesthetic, structural conformation, or trade dress identical or highly similar to products manufactured or patented by third-party brands. 2.2. No Affiliation or Endorsement. The Company is an independent entity. There is no affiliation, partnership, sponsorship, or association whatsoever between the Company and any third-party trademark or patent owners. 2.3. Anti-Counterfeiting Disclaimer. The Company explicitly does not pass off its Products as original items of any third-party brand. The Buyer acknowledges they are purchasing independent, generic, or proprietary Fulcro items, regardless of any visual resemblance to proprietary third-party designs.

Article 3. Absolute Disclaimer of Warranties

3.1. AS IS AND WHERE IS. ALL PRODUCTS ARE SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. 3.2. DISCLAIMER OF NON-INFRINGEMENT. THE COMPANY SPECIFICALLY AND CATEGORICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, PATENTS, OR TRADEMARKS. THE BUYER ASSUMES ALL RISKS ASSOCIATED WITH THE IMPORTATION, POSSESSION, PUBLIC DISPLAY, AND COMMERCIAL USE OF THE PRODUCTS.

Article 4. Indemnification (Hold Harmless)

The Buyer agrees to definitively indemnify, defend, and hold harmless the Company, its executives, affiliates, and suppliers from and against any and all claims, liabilities, damages, losses, and legal expenses (including reasonable attorneys' fees) arising out of or related to: (a) The Buyer's commercial use or public display of the Products; (b) Any claim by a third party alleging that the design or appearance of the purchased Products infringes upon intellectual property rights, patents, or trade dress, arising from the Buyer's continued use or resale of the item.

Article 5. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LEGAL DISPUTES WITH THIRD PARTIES) ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE BUYER EXCEED THE EXACT PURCHASE PRICE PAID BY THE BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

Article 6. Assumption of Risk for Physical Injury

The Buyer assumes all inherent risks associated with the assembly and use of heavy gym equipment. The Company shall not be liable for bodily injury, death, or property damage resulting from improper installation, lack of maintenance, structural failure, or negligence by the Buyer.

Article 7. Severability

If any provision or clause of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provision of these Terms, which shall remain in full force and effect.

Article 8. Governing Law, Arbitration, and Class Action Waiver

8.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles. 8.2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered in L'Aquila, Italy, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 8.3. CLASS ACTION WAIVER. THE BUYER EXPRESSLY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY. ALL CLAIMS MUST BE BROUGHT IN THE BUYER'S INDIVIDUAL CAPACITY.