GENERAL CONDITIONS OF USE AND CONTRACTING

IDENTIFICATION DATA (Law 34/2002, of July 11, on services of the information society and electronic commerce)

Corporate Name: POWERGYM, S.L. - hereinafter, THE COMPANY-

CIF: B17315045

Registered office: Avda. Juan Gil Albert, 23. 03804 Alcoy. Alicante

Email: rgpd@powergym.com

Telephone: +34 865 790 726

Registration data: Registered in the Mercantile Registry of Alicante, volume 4,234 general, folio 27, page number A-166184, 2nd registration.

1.- GENERAL INFORMATION ON THE WWW.POWERGYM.COM WEBSITE:

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce (hereinafter, “LSSICE”), below, general information is provided of the Website:

These General Conditions of Use and Contracting govern the access and use, by the User, of the Website www.powergym.com (hereinafter “the Website”), as well as the contracting of products and services through it.

By accepting these General Conditions of Use and Contracting, the User states:

1.- That you have read, understand and understand what is stated here.

2.- That is a person with enough capacity to hire.

3.- That assumes all the obligations set forth herein.

The use of the Website attributes the condition of User of the Website (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions of Use and Contracting. The User must carefully read these General Conditions of Use and Contracting each time he accesses the Website, since this and said General Conditions of Use and Contracting may undergo modifications.

The owner of the Website reserves the right to make, at any time and without prior notice, any modification or update of the contents and services of these General Conditions of Use and of the Contracting and, in general, of how many elements Integrate the design and configuration of the Website.

USE OF THE WEB

THE COMPANY provides access to a multitude of information and services belonging to THE COMPANY who assumes responsibility for the use of the Website. This responsibility extends to the records that were necessary to access certain services or content. In these records the user will be responsible for providing truthful and lawful information. The user undertakes to make proper use of the contents and services that THE COMPANY offers through its website. THE COMPANY reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in his opinion, would not be suitable for publication because they are not related to the objective. In any case, THE COMPANY as administrator of its website, will act diligently as soon as it becomes aware of acts committed against these Conditions of Use or its Privacy Policy.

LINK POLICY

The linked websites are not controlled by THE COMPANY and therefore are not responsible for the contents of any linked site or any link found on any linked website, or for any change or update of such websites. THE COMPANY is only providing these links to you for your convenience, and the inclusion of any link does not imply endorsement of the website by THE COMPANY.

LIMITATION OF LIABILITY

THE COMPANY will be liable for the damages that the user may suffer as a result of the use of the website when said damages are directly attributable to an incorrect performance of this entity, having proved that it has not complied with the legal and regulatory requirements and requirements established. It is the user's responsibility to adopt all appropriate technical measures to reasonably control the risks of open Internet browsing and prevent damage to their equipment, loss of data and theft of confidential information. THE COMPANY is not responsible for any damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational operation of this website or in users' devices and computer equipment, motivated by causes other than THE COMPANY, which prevent or delay the provision of services or browsing the website, or delays or blockages in use caused by deficiencies or overloads of the Internet or other systems, or the impossibility of giving the service or allow access for reasons not attributable to THE COMPANY due to the user, third parties, or cases of force majeure. THE COMPANY will not be liable if it does not have effective knowledge that the activity or information to which it refers or recommends through its links is unlawful or that it damages property or rights of a third party susceptible to compensation, or if it does, it acts diligently to delete or disable the link or corresponding information.

WEB SECURITY

The Website uses information security techniques commonly accepted in the industry, such as firewalls, access control procedures, secure communications or cryptographic mechanisms, among others, all in order to prevent and reduce security incidents on data (confidentiality, integrity and availability). To achieve these purposes, the user accepts that the provider obtains data for the purposes of the corresponding authentication of the access controls and the provision of the services that must be executed for the use of the website.

Online security is also established through the configuration parameters of different web browsers, so your query is strongly recommended.

JURISDICTION AND APPLICABLE LAWS

The law applicable to these conditions will be the Spanish Law. For disputes that may arise on these conditions, the parties, waiving their own jurisdiction, expressly submit themselves to the Courts and Tribunals of the domicile indicated in the IDENTIFICATION DATA.

MODIFICATION OF THE CONDITIONS OF USE

Eventually, these Terms of Use may be reviewed in order to update changes in current legislation, update our procedures for collecting and using information, the appearance of new services or the exclusion of others. These changes will be effective as of their publication on the web, so it is important that you regularly review these Terms of Use in order to stay informed about the changes.

2.- CONDITIONS OF USE

2.1. Access to the Website

Access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.

2.2. Registration Need

In general, to access the contents of the Website, the User Registration will not be necessary. However, the use of certain services may be subject to the previous User Registration. For example, in order to acquire the products offered on the Website, the User must register beforehand by filling in a form. The data entered by the User must be accurate, current and truthful always.

2.3. Rules for using the Website

The User undertakes to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions. Likewise, it is obligatory to make proper use of the services and / or contents of the Website and not to use them to carry out illegal or constitutive activities that violate the rights of third parties and / or that infringe the regulation on intellectual and industrial property , or any other rules of the applicable legal system.

The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morals, public order and these General Conditions.

 The User is obliged to keep the owner of the Website www.powergym.com harmless in the event of any possible claim, fine, penalty or penalty that may be forced to bear as a result of the User's failure to comply with any of the rules of use before indicated, reserving, in addition, the Owner of the Website the right to request compensation for damages and losses that apply.

The Owner of the Website reserves the right to cancel the account of those users who make inappropriate use of it or do not respect the observations and prohibitions provided by these General Conditions.

2.4. Exclusion of Liability

The Owner of the Website does not assume any responsibility for the updating of this Website to keep the information updated, nor does it guarantee that the published information is accurate or complete. Therefore, the User must confirm that the published information is accurate and complete before making any decision related to any service or content described in this Website.

The information and advice obtained on this Website are for informational purposes only. It is up to the User to consult a specialized doctor or a nutritionist before starting any diet, training or supplementation program. The owner of the Website does not assume any responsibility for the possible damages and resulting damages that have connection with the use of the information contained in the Website.

The User's access to the Website does not imply for the Owner of the Website the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

The Website Owner is not responsible for the damages caused to the software and computer equipment of the Users or third parties during the use of the services offered on the Website.

The Website Owner is not responsible for any damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Website service during the provision. of the same or with previous character.

2.5 Content and services linked through the Website

The access service to the Website may include technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, the Website Owner will only be responsible for the contents and services provided on the Linked Sites to the extent that he has effective knowledge of the illegality and has not deactivated the link with due diligence. If the User considers that there is a Linked Site with illicit or inappropriate content, he may notify the Owner of the Website, without in any case this communication entails the obligation to remove the corresponding link.

In no case, the existence of Linked Sites should presuppose the formalization of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of the Website Owner with the statements, contents or services provided.

The Owner of the Website does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to the Owner of the Website.

 2.6. Intellectual and industrial property

THE COMPANY itself or as an assignee, is the owner of all the intellectual and industrial property rights of its Website, as well as the elements contained therein (by way of example, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved. Under the provisions of articles 8 and 32.1, second paragraph, of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the provisions current laws on the subject, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this web page, for commercial purposes, on any medium and for any support are expressly prohibited. technical means, without the authorization of THE COMPANY. The user undertakes to respect the rights of Intellectual and Industrial Property owned by its ownership.

All the contents of the Website understood by them, by way of example, especially the designs, texts, photographs, graphics, images, icons, logos, buttons, technology, source codes, software, links and other audio visual or sound content, as well As trade names, trademarks or drawings and any other sign susceptible to industrial and commercial use are subject to intellectual and industrial property rights of THE COMPANY or third parties. In no case shall it be understood that any license is granted or waiver, transfer, total or partial transfer of said rights is granted, nor is any right or expectation of right conferred, and especially of alteration, exploitation, reproduction, distribution or public communication about said contents without the prior express authorization of THE COMPANY.

The trademarks, trade names or distinctive signs are owned by THE COMPANY without it being understood that access to the Website attributes any right over them.

3. CONTRACT CONDITIONS

3.1. Purchase procedure and payment method

The procedure to buy the products offered through the Website is as follows:

1. Choose the product: The user must select the products he wishes to purchase by pressing “ADD TO CART” and then press “FINISH ORDER”.

2. Registration: The User must fill in a registration form to complete the purchase.

3. Select payment method: The user must select one of the following available payment methods:

• Payment by credit card (information gateway directly from the bank) *.

• Payment by bank transfer.

• Payment on delivery upon receipt of the package.

4. Acceptance: By pressing the “FINISH ORDER” button, the user accepts the purchase of the products indicated by him.

5. Confirmation of receipt of acceptance: Once the purchase process is finished, the user will receive, at the email address designated by him, a communication specifying the characteristics of the product, price, selected payment method and order number.

 * Payment by credit card: For greater user safety, the screens in which you must enter your credit card details are screens that come directly from the bank. These information gateways of banking entities are completely secure. Thus, on the screen of the Website www.powergym.com, the user must not enter any credit card information.

3.2. Order Delivery

The delivery of orders will be carried out by sending by the transport agency 48 hours, once the bank confirmation of the payment is received. The User will be thanked for considering that during the month of August and during the Christmas period the shipping / transport service usually takes longer than usual.

The delivery of orders will be made at the delivery address freely designated by the user. The Owner of the Website will not assume any responsibility when the delivery of the product or service does not take place as a result of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be carried out for reasons beyond the delivery company assigned for this purpose, such as the absence of the recipient.

When the Owner of the Website foresees that, for some reason, he will not be able to meet the delivery period corresponding to a particular order, he will promptly inform the user, who may choose to recover the price paid within a maximum period of 30 days.

If the Website Owner cannot deliver the products contracted to the User because they are not available at that time, he will immediately inform the User, who may opt for one of the following solutions:

- Request that the sums paid for these products be returned. The Website Owner must make said refund effective within a maximum period of 30 days.

 - Allow the Owner of the Website to provide, without price increase, a product of similar characteristics and of equal or superior quality.

Once the package has been sent, the Website Owner will automatically send the User an e-mail with the shipping information (transport company, number of packages, shipping number, etc.) for their information.

 3.3. Price, shipping and validity period of the offer

The prices indicated for each product will be expressed in the Euro currency (€) in any case, and include, unless expressly stated against, the Value Added Tax (VAT).

 The prices applicable to the service will be those published on the Website and subsequently applied automatically by the contracting process in the last phase of the same.

Any payment made to the Owner of the Website will result in the issuance of an invoice in the name of the Registered User. Said invoice will be sent to the User together with the product purchased.

For any information about the requested service, the User will have the customer service telephone number of the Website Owner: +34 865 790 726 or via email to the email address info@powergym.com. In any case, you must indicate the order number that was assigned and indicated in the purchase confirmation email.

The user can read the amounts to be paid for shipping here.

 3.4. Right of withdrawal

Application assumption:

In accordance with articles 102 and following of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the User who has the condition of consumer or user in accordance with the definition established in article 3 of the aforementioned Royal Legislative Decree, may withdraw from the purchase made for any reason, within a period of 14 calendar days from the receipt of the product. However, this right will not apply when the products purchased have been unsealed, or they are products that can deteriorate or expire quickly. in accordance with Art. 103.d) and e) of the aforementioned General Law for the Defense of Consumers and Users.

To exercise the right of withdrawal, the User must notify us of his decision to withdraw from the contract through an unequivocal declaration that he can send us by postal mail or by email, to the addresses that appear at the beginning of these general conditions. If you wish, you can use the form found at the end of this document.

The Website Owner only accepts returns that meet the following conditions:

• The product must be in the original packaging and labelling.

• The shipment must be made with the same box in which the order was received. In case it cannot be done with the original box, the User must return it in a box that guarantees the protection of the content so that it reaches the Owner of the Website in good conditions, otherwise it reserves the right to Refuse the return.

• A copy of the invoice / delivery note must be included in the package, indicating the returned products.

The product must be returned to the Owner of the Web Page at his address that appears at the beginning of these general conditions. The transport costs originated by the return will be borne by the User, who can freely choose the company that he prefers for the transport of the item.

Once the Owner of the Website has received the product and verified that it is in perfect condition, it will return the full amount paid by the User within a maximum period of 14 calendar days, using the same payment method that the User chose at the time of placing the order. However, in the cases in which Powergym can supply a product of equivalent quality and price, in substitution of the one requested by the User, the direct return costs, if the right of withdrawal is exercised, will be borne by Powergym.

3.7. Returns and exchanges

3.7.1. The company only accepts returns and product changes that meet the following conditions:

• The product must be in the original packaging and labelling.

• The shipment must be made with the same box in which the order was received. In case it cannot be done with the original box, the User must return it in a box that guarantees the protection of the content so that it reaches the Owner of the Website in good conditions, otherwise it reserves the right to Refuse the return.

• A copy of the invoice / delivery note must be included in the package, indicating the returned products.

The product must be sent to: Offices - POWERGYM. C / Filà Benimerines, 61. CP: 03801 - Alcoy (Alicante)

The transport costs originated by the return or a change of product will be borne by the User, being able to freely choose the company that you prefer for the transport of the item.

Once THE COMPANY has received the product and verified that it is in perfect condition, it will return the full amount paid by the User within a maximum period of 14 calendar days, using the same payment method that the User chose at the time of making the order.

If the user has made a product change, they must re-place a new order on the website www.powergym.com with the products they wish to choose.

3.7.2. Returns for damage caused in transport or shipping error:

If, at the time of delivery, it can be seen clearly and clearly, without the need to handle the shipping packages or those of the product itself, that a product has defects caused by transport damage or it is appreciated, in the same way, an error in the merchandise received, the User must notify POWERGYM via email (info@powergym.com), by sending a photo of the packaging or products that go into the package received within 48 hours of receiving the order, to be able to urge the return of the product or products affected and with it the replacement for a new one or the reimbursement of the price paid for it.

3.7.3. Returns for defective products:

In the event that once the package has been opened, the User verifies that a product is defective, they must notify POWERGYM at the following email address, info@powergym.com, within 48 hours of receiving the order, and proceed to its return within 14 calendar days from the moment it is received. In this case, when the return is justified, THE COMPANY will reimburse the value of the product, taking care of the transport costs generated by the return, returning the full amount paid by the User within a maximum period of 14 calendar days, through the same payment method that the User chose at the time of placing the order.

4. Nullity and ineffectiveness of the clauses If any clause included in these General Conditions of Use and the Contract were declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof it is null or ineffective, the present General Conditions subsist in everything else, considering such provision totally or partially as not included.

5. Applicable legislation and competent jurisdiction

These General and Contract Conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. The Owner of the Website and the User may submit any dispute that may arise from the provision of the products or services subject to these General Conditions, to the Courts and Tribunals of the company's domicile, unless otherwise provided by Law.

6. Information on dispute resolution

Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

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