GENERAL CONTRACTUAL CONDITIONS AND OF USE

 

These General Contractual Conditions and of Use apply to the use by the user, of the www.powergym.com Web Page (heretofore referred to as “The Web Page”) as well as the contractual status of goods and services of the aforementioned.

Acceptance of the General Contractual Conditions and of Use, the use agrees to the following terms and conditions;

 

   1.- That the user has read, understands and agrees to abide by the following.

   2.- That the user is a legal entity with the capacity to make contract.

   3.- That the user accepts all the obligations and responsibilities heretofore laid out.

 

The use of the web page implies the acceptance of all terms and conditions by the entity using the page (heretofore referred to as “The User”). The User must carefully read these General Contractual Conditions and of Use each time the user visits the web page as the aforesaid conditions may change.

 

The owner of the web page reserves the right, at any moment, and without prior notice, to change, modify or update the goods, products and/or services and General Contractual Conditions and of Use presented and, in general, whatever elements are involved in the design and configuration of the web page

 

1.- GENERAL INFORMATION ABOUT THE WEB PAGE

In compliance with law as laid out in Law 34/2002, article 18 of 11 July, relating to services and society to information and electronic commerce (heretofore referred to as LSSIEC), below is laid out the general information related to the web page:

 

1.Owner: POWERGYM, S.L.

2.Registered address:

Avda. Juan Gil Albert, 23

03804 Alcoy

Alicante

3.Registered business Identification number: B17315045

4.E-mail: [email protected]

5.Teléfono: 608 303 962

 

2.- CONDITIONS of USE

 

2.1. Access to the web page

 

Access to the web page is free excepting those costs related to the cost of connection to the communications net provided by the Internet service Provider contracted by the user.

 

2.2. Registry requirements

 

In general, for access to the services and contents of the web page, registration will not be necessary for the user. However, the utilisation of specific services may be conditional upon prior registration on the part of the user. For example; in order to contract the services of the personal trainer or to acquire the products offered on the web page, the user must fill out the required registration form . The data contained within the form must be exact, correct, current and truthful in all particulars and at all times.

 

2.3. Rules relating to use of the Web Page

 

The user must use the Web Page and all its content and services in accordance with established law, morals, public order and the terms laid out in the aforesaid General Contractual Conditions and of Use. Furthermore, the user is required to use the Web Page for the intended use of services and/or contents of the web page and not to use them to carry out illicit or illegal activities, or activities that infringe the rights and regulations relating to ownership, be they intellectual or industrial, or whatever other regulations relating to applicable law.

 

The user must not transmit, introduce, retransmit or put at the disposition of third parties, and manner of material or information (data, contents, messages, pictures, sound or image archives, photographs, software etc.) which may be contrary to law, morals, public order and the General Contractual Conditions and of Use.

 

The user must ensure that the owner of the web page is unaffected by any possible claim, fine, penalty or sanction which may stem from the consequences of failure to comply with any of the General Contractual Conditions and of Use on the part of the user. The owner of the web page, furthermore, reserves the right to demand indemnities and/or other damages/reparations for such corresponding misuse.

 

The owner of the web page reserves the right to annul the account of any user that may use the web page in an inappropriate manner or that does not respect the observations and prohibitions detailed in these General Contractual Conditions and of Use.

 

2.4. Exemption from responsibility.

 

The owner of the web page neither assumes nor accepts any responsibility for keeping the web page up-to-date nor to  guarantee to ensure that the information published herein is precise nor complete. Therefore, the user must confirm that the published information is precise and complete before making any decision related to whatever services or content laid out on this web page.

 

The information and advice obtained from this Web Page are only for informative purposes. It falls on the user to consult an appropriate specialist medical expert or nutritionist before starting any manner of dietary, training or supplementation program. The owner of the Web Page assumes no responsibility for possible harm or damage resulting from any use in connection with information contained within the Web Page.

 

Access to the web page by the user does not imply any obligation by the owner to ensure an absence of viruses, worms or any other form of damaging technology. It is the responsibility of the user, in all cases, to ensure the existence of adequate tools for the detection and disinfection of damaging software.

 

The owner of the web page is not, and will not be held responsible for damages caused to software or computing equipment of the user or third parties as a result of the use of the services offered in the web page.

 

The owner of the web page is not, and will not be held responsible for damages or prejudices of any kind on behalf of the user as a result of failure or disconnection in the telecommunication networks which may result from suspension, cancellation or interruption of the web page service during use, or prior to use, of the same.

 

2.5. Content and services linked to the Web Page.

 

The service of access to the Web Page may include technical linking elements, directories and including search instruments which permit the user to access other Web Pages and internet portals (heretofore referred to as “Linked Sites”). In these cases, the owner of the Web Page will only be responsible for the contents and services provided by the Linked Sites in the measure that the owner has full knowledge of the illicit nature of said sites and that the owner has not deactivated the link with due diligence. In the case of the user considers that a Linked Site exists with illicit, or inadequate contents the user may communicate this information to the owner of the Web Page, without, in any case, making the owner responsible for removing the corresponding link or implying the obligation so to do.

 

In no case, the existence of Linked Sites will presuppose the formalisation of agreements with those responsible or owners of the same, nor the recommendation, promotion or identification of the owner of the Web Page with the manifestations, contents or services provided.

 

The owner of the Web Page is not aware of the contents and services of the Linked Sites and, therefore, will not be held responsible nor liable for damages caused by the Linked Sites, whether due to causes they be illicit, qualitative, out-of-date, unavailable, error or unusable content and/or services of Linked Sites, nor for any other damages caused which are not directly attributable to the owner of the Web Page.

 

2.6. Intellectual and Industrial Rights

 

The entire contents of the Web Page, understanding by this, purely as a statement, the texts, photographs, graphics, images, icons, technology, software, links and other audio-visual and audio as well as its graphic design and source codes, are the intellectual property of the owner of the Web Page or of Third Parties, without the implication of ceding any of the rights to exploit said to the user in accordance with the pertinent laws over said intellectual rights.

 

The trade marks, commercial names or symbols associated with said, are property of the owner of the Web Page or Third Parties, without implying that access to the Web Page attributes any rights to the same.

 

3. CONTRACT CONDITIONS

 

3.1. Purchasing procedure and payment method

The procedure for purchase of products offered on the Web Page is the following:

 

1. Choose the product: the user should select the desired products by pressing the “ADD TO BASKET” and afterwards press “FINALISE MY ORDER”

 

2. Register: The user must complete the registration form to complete the order.

 

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

      .- Pay by bank transfer.

      .- Pay by credit card (payment by direct bank gateway)*.

      .- Pay by Cash on Delivery.

 

4. Acceptance: On pressing “FINALISE MY ORDER”, the user accepts the purchase of the indicated products.

 

5. Confirmation of reception of acceptance: Once the purchase has been finalised, the user will receive a communication to the user’s designated electronic address detailing the characteristics of the product, the price and method of payment and order number of the purchase

 

*Credit card payment: For the user’s greater security, the screens onto which the credit card details are introduced are screens which are directly linked to the banking entity. These electronic gateways to banking entities are completely secure. In this way, the user should not introduce any credit card details onto www.powergym.com the Web Page.

 

3.2. Delivery of orders

 

Delivery of purchases will be made by the transport agency within 48 hours, once bank reception of payment has been confirmed. It would be appreciated if users take into account the delays that may be unavoidable during August and the Christmas delivery period.

 

Delivery of orders will be made to the freely designated user’s address. The owner of the Web Page will assume no responsibility for non-arrival of deliveries arising from inexactitudes or falsehoods in data provided to that effect  by the user. Furthermore, in the supposition that a delivery cannot be made for reasons beyond the control of the designated delivery company to that effect, such as the absence of personnel to accept delivery at the designated destination address.

 

When the owner of the Web Page foresees that, for some reason, the delivery date for a specific order cannot be met, will inform the user to that effect as soon as legitimately possible, who may then opt to recover the price paid within a maximum term of 38 days.

 

In the case that the owner of the Web Page cannot comply with the order due to lack of availability of the necessary stock at that time, the owner of the Web Page will immediately inform the user, who may opt for one of the following solutions:

 

- Request the return of the sums paid for those products. The owner of the Web Page should make said return within a maximum term of 38 days.

 

- Allow the owner of the Web Page to send a product of similar and equal or superior characteristics without an increase in price.

 

Once the order has been sent, the owner of the Web Page shall send an e-mail to the User detailing the particulars of the delivery (delivery company, number of packets, delivery number, etc.) for his information.

 

3.3. Price, delivery cost and terms of validity of the offer.

 

The prices indicated with respect to each product will be expressed, under all conditions, in Euros and will include, except when expressly indicated, the Value Added Tax (V.A.T.)

 

The applicable prices to the services will be those published on the Web Page and later automatically applied to the contractual process at the last stage of the same. 

 

All payments made to the owner through the Web Page will carry with them the emitting of an invoice in the name of the registered User said invoice along with the product acquired.

 

For any information whatsoever related to the required service, the User will be able to count on the Customer Service telephone number of the owner of the Web Page: 972,869,364 or via electronic mail at the [email protected] e-mail. In all cases, the User should indicate the assigned order number and indicated in the electronic mail confirmation of the purchase

 

The User may read the costs and delivery charges made here.

 

3.4. Right of cancellation/return

 

Application:

 

Users who acquire products by means of the Web Page may withdraw from the contract without any need to justify the decision. In this situation, the User must return the product, allowing the owner to require the User to pay the direct costs of returning the product. However, in the case that Powergym can provide a product at an equivalent quality and price, in substitution for that required by the User, the direct costs of return, if the right to return has been exercised, shall be charged to Powergym.

 

To exercise this right, the User must return to the Owner of the Web Page, correctly filled out, the “Return request” which is sent to the User on request. The maximum term  available to the User to return said document is 7 working days counted from the delivery date of the product.

 

The Owner of the Web page will return the whole payment made by the User within a maximum term of 38 days counted from the date of reception of the product at Powergym

 

The right of return is excluded from the purchase of those products which, by their nature, cannot be returned or which may deteriorate or which have a short shelf life.

 

3.5. Contracting the “Personal Trainer” service

 

The procedure for contracting the  “Personal Trainer”  service Offered on the Web Page is the following:

 

1. Select the duration of the desired service: The User should select the term of the service to be contracted by clicking on the word “Contract” which appears next to each period of service indicated (6 weeks, 3 months, 6 months, 1 year).

 

2. Registry: The User should fill out the registry form to complete the purchase.

 

3. Select the payment method: The User should select one of the payment methods available:

    - Pay by bank transfer.

  • Pay by credit card (payment by direct bank gateway)*.

 

4. Acceptance: On pressing “FINALISE MY ORDER”, the user accepts the purchase.

 

5. Once the purchase has been finalised, the user will receive a communication to the user’s designated electronic address, a communication with a link to fill out a form with the necessary data.

 

6. The Powergym professionals will be in contact with the User via e-mail in order to send the User the training, nutrition and supplementation program.

 

*The PERSONAL TRAINER program may take between 15 and 20 days to be sent due to the work needed to create said program.

 

*Credit card payment: For the user’s greater security, the screens onto which the credit card details are introduced are screens which are directly linked to the banking entity. These electronic gateways to banking entities are completely secure. In this way, the user should not introduce any credit card details onto www.powergym.com the Web Page.

 

4. Annulment and ineffectivity of clauses

 

If any clause present in the General Contractual Conditions and of Use be declared wholly or partially annulled or ineffective, such annulment or ineffectivity shall only have effect said provision or the part of the same that has been declared annulled or ineffective, substituting the present General Conditions in all other effects, considering such provisions totally or partially not included.

 

5. Applicable legislation and competent jurisdiction

 

These General Contractual Conditions and of Use shall be applied or interpreted in accordance with Spanish legislation in matters that are not expressly considered otherwise. The Owner of the Web Page and the User may submit any dispute that may occur in the provision of goods and/or services, with reference to the General Contractual Conditions and of Use, to the Courts and Tribunals relevant to the domiciled address of the company, except when the law has established the contrary.