Warranty and returns FITFIU Fitness

 

1.    GENERAL INFORMATION

The ownership of this website, fitfiu-fitness.com, (hereinafter Website) is held by: BESELF BRANDS, S.L., (hereinafter FITFIU Fitness), with NIF: B65114373 and registered in: Commercial Register of Tarragona; and whose registry details are: Volume 2847, Folio 6, Page T-47561, Inscription 4a, and whose contact details are:

 

Address: c/ Blanquers, parcela 7-8 - 43800 VALLS
Contact telephone: 877 990 800
Email contact: [email protected]

 

This document (as well as any other document mentioned herein) regulates the conditions governing the use of this Website (fitfiu-fitness.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

 

For the purposes of these Conditions, it is understood that the activity that BESELF BRANDS, S.L. carries out through the Website includes:

 

Sale of domestic fitness products, materials, machinery, equipment and accessories.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice, including, the cookies policy, and the privacy and data protection policy of FITFIU Fitness. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, so if you do not agree to all of the above, you should not use this Website.

 

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in
 
force at the time the purchase of products and/or services is requested will be applicable.

 

For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

 

2.    THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

 

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

•    Use this Website only to make legally valid enquiries and purchases or acquisitions.
•    Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
•    Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

 

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

 

The Website is primarily intended for Users residing in Spain. FITFIU Fitness does not ensure that the Website complies with the laws of other countries, either totally or partially. FITFIU Fitness disclaims any liability that may arise from such access, nor does FITFIU Fitness ensure delivery or provision of services outside Spain.

 

The User will be able to formalise, at his/her choice, with FITFIU Fitness the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
 


3.    PURCHASE OR ACQUISITION PROCESS

Duly registered users can purchase on the Website by the means and ways established. They will have to follow fitfiu-fitness.com's online purchase and/or acquisition procedure, during which several products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on "BUY".

 

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

 

Subsequently, the User will receive an email confirming that FITFIU Fitness has received their order or request for purchase and/or service provision, i.e. order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

 

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email, and if applicable, through their personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from FITFIU Fitness using the contact spaces on the Website or through the contact details provided above.

 

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

 

The communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in the computerised records of FITFIU
 
Fitness in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and with the rights of Users in accordance with the privacy policy of this Website.

 

 

4.    AVAILABILITY

All purchase orders received by FITFIU Fitness through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or products are out of stock, FITFIU Fitness undertakes to contact the User and reimburse any amount that may have been paid. This shall also apply in cases where the provision of a service becomes unfeasible.

 

 

5.    PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

 

Shipping costs are included in the final prices of the products as shown on the Website (except in special promotions where the price will be shown in the cart duly displayed). Thus, FITFIU Fitness performs delivery and/or shipping services through the transport companies GLS and DHL.

 

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

 

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
 
The accepted means of payment will be: Credit or debit card, bank transfer or via
Paypal.

 

FITFIU Fitness uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

 

Credit cards will be subject to verification and authorisation by the issuing bank. If the issuing bank does not authorise payment, FITFIU Fitness will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

 

Once FITFIU Fitness receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, location established.

 

In any case, by clicking on "BUY" the User confirms that the payment method used is his own.

 

 

6.    DELIVERY

We ship to Spain (mainland and Balearic Islands); Portugal (except islands), France (except islands), Italy (except islands) and Germany. We do not ship to the following destinations: Canary Islands (Spain), Ceuta (Spain), Melilla (Spain), Corsica (France), Guadeloupe (France), Sardinia (Italy), Azores (Portugal), Madeira (Portugal).

 

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, counting from the date of the order confirmation.
 
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

 

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to BESELF BRANDS, S.L., it will be understood that the User wishes to withdraw from the contract and the contract will be considered to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered to be terminated.

 

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

 

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

 

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when FITFIU Fitness receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by BESELF BRANDS, SL.

 

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

 

 

7.    TECHNICAL MEANS TO CORRECT ERRORS
 
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting FITFIU Fitness through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

 

In any case, the User, before clicking on "BUY", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

 

Similarly, the User is referred to consult the Legal Notice and General Conditions of Sale and, specifically, the Privacy Policy for more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

 

 

8.    RETURNS

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

 

Right of Voluntary Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.

 

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the FITFIU Fitness Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
 
To exercise this right of withdrawal, the User must notify FITFIU Fitness of their decision. This can be done, where appropriate, through the contact spaces provided on the Website or through:

•    BESELF BRANDS, S.L.
C/ Blanquers, parcela 7-8 43800 Valls (Tarragona) [email protected]

 

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that FITFIU Fitness makes available as an annexed part of these Conditions, however, its use is not mandatory.

 

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

 

In case of withdrawal, FITFIU Fitness will reimburse the User all payments received without undue delay and, in any case, no later than 14 calendar days from the date on which FITFIU Fitness is informed of the decision to withdraw by the User.

 

The direct cost of returning the product shall be borne by the customer in accordance with the LGDCU (Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws).

 

FITFIU Fitness will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, FITFIU Fitness may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of return of the products or items, whichever condition is met first.

 

The User must return the products in good condition and correctly packaged in their original packaging and send them to:
 
•    BESELF BRANDS, S.L.
C/ Blanquers, parcela 7-8
43800 Valls (Tarragona) - Spain
Information to include visible in the box: order number

 

And it shall do so without undue delay and in any case not later than 14 calendar days from the date on which FITFIU Fitness was informed of the withdrawal decision.

 

The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

 

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

 

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by BESELF BRANDS, S.L., they will have lost their right of withdrawal.

 

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

 

The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
 
You can download the model withdrawal form at the following link:

link to the withdrawal form

 

 

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, should contact FITFIU Fitness immediately and let them know the existing disagreement (defect / error), by the same means or using the contact details provided in the previous section (Right of Withdrawal).

 

Returns of defective products or delivery errors must be returned in good condition and correctly packaged in their original packaging.

 

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed (within a reasonable period of time) whether to proceed with the refund or, where appropriate, the replacement of the same, this option being subject to the availability / stock of the product. The User will not be able to demand replacement in the case of consumable products, nor in the case of second-hand products.

 

The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

 

FITFIU Fitness will refund or replace the product once it has been received in our warehouse. FITFIU Fitness will, based on the length of time the customer has been in possession of the product and the current market value of the item, proceed to the application of the following measures:

•    From 6 to 12 months: 75% refund of the value of the product or purchase of a new one with a 45% discount.
•    From 12 to 18 months: 50% refund of the value of the product or purchase of a new one with a 35% discount.
•    From 18 to 24 months: Refund of 25% of the value of the product or purchase of a new one with a 25% discount.
 
Depending on the condition of the product, the customer must deliver the package to a collection point indicated by FITFIU Fitness.

 

The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

 

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.

 

 

Return of gifts

In those cases in which a promotion includes the gift of a product (of the brand itself or another), it will NOT be possible to proceed to the voluntary return by the customer.

 

In this case also, no replacement or exchange of the article is conceivable if it was advertised as a random model or colour.

 

Finally, if the gift is damaged in any way, this will not be a reason for return and replacement.

 

 

GUARANTEES

Product warranty

FITFIU Fitness in the legally established terms, guarantees new products purchased on its website for a period of 3 years (in purchases prior to 1/01/2022, have 2 years warranty) from the date of delivery.
 
In the event of a collection for warranty or replacement purposes, the customer must return the item in its original packaging.

 

The liability of FITFIU Fitness is limited solely to the cost of transportation, repair or replacement of the products during the warranty period.

 

In the event of a defective product, FITFIU Fitness will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which will be free of charge for the consumer and user.

 

The consumer and user must inform FITFIU Fitness of the lack of conformity within two months of becoming aware of it.

 

In order to request a repair or delivery of a part under warranty, it is necessary to create an incident by entering our form and follow all the steps that are indicated until the incident is completed.

 

FITFIU Fitness Technical Service will evaluate each case and offer the most appropriate solution in each situation, with priority given to the delivery of spare parts and repairs.

 

If the product stops working during the 3-year warranty period, FITFIU Fitness will offer a solution or compensation according to the following criteria: in the event that an item cannot be repaired or its repair is too costly, during the first 6 months of receipt, the customer may choose between a full refund or a replacement of the product depending on available stock.

 

If the product stops working after six months, the customer is still entitled to a free repair, or if this is too difficult or expensive, FITFIU Fitness will offer a partial refund based on the time of use of the product:

•    6-12 months: reimbursement of 75% of the value.
•    12-18 months: 50% refund of the value.
•    18-24 months: reimbursement of 25% of the value.
 
In the event that an item, after being checked by the FITFIU Fitness Technical Service, is proven not to have suffered a breakdown or breakage caused by a case covered by the warranty, such as wear and tear, misuse or negligence, etc., the customer will be notified and the corresponding estimate will be issued, including the cost of return transport, spare parts and labour necessary for repair.

 

If the customer does not agree to pay this amount or the transport costs for the item to be returned, the item will remain in storage until the customer collects it by his own means.

 

Warranty repairs are covered by a 3-month warranty, which is not cumulative to the 3-year warranty period of the article.

 

The guarantee does not cover deficiencies caused by negligence, knocks, improper use or manipulation, non-conforming installation and/or use not carried out by an authorised Technical Service where applicable, or materials subject to wear and tear due to normal use.

 

It is imperative that, in the event of collection for the purpose of managing a product replacement, the customer must return the item in its original packaging.

 

In the event of collection for repair, the customer must put the item in its original packaging or, failing that, in alternative packaging that meets the minimum requirements for its protection.

 

In the case of items for outdoor use, e.g., demountable/folding tents, garden furniture, etc., the handling of warranties caused by adverse weather conditions will not be covered.

 

FITFIU Fitness undertakes to provide the customer with the necessary means to recover the item free of charge, as well as to repair it, within the warranty period, provided that they are produced in accordance with the above mentioned.

 

The guarantee will be void in the event of:
 
•    Broken, damaged items or items with apparent signs of having been subjected to impact.
•    Items damaged by electrical surges or overcurrents.
•    Defects caused by misuse, negligent use or abuse of the item (knocks, accidents, mishandling, spillage of liquids, dropping, etc.).
•    Damage caused by pressure, torsion, exposure to humidity, exposure to extreme temperatures, sudden changes in temperature, corrosion, oxidation and, in general, chemical products or substances that may alter the product.
•    Modifications, repairs or openings carried out by unauthorised persons or persons who do not belong to the FITFIU Fitness Technical Service.
•    Damage caused to the engine due to lack of lubrication.
•    Breakdowns resulting from inadequate or non-existent maintenance.

 

The warranty does not cover:

•    Failure of services or applications provided by third parties not provided by FITFIU Fitness.
•    Defects and damage resulting from use contrary to the operating and maintenance instructions.
•    Cases of force majeure caused by an uncontrolled incident.
•    Breakdowns caused by normal wear and tear of the article.
•    Air filters, fuel filters clogged or saturated due to use.
•    Spark plugs from 6 months after receipt of the item.
•    Mechanical and/or electrical breakdowns in generators after 300 hours of operation, even if they are less than 3 years old.
•    Batteries of reconditioned products, provided that they can be used without batteries.
•    No part or parts of articles which by their nature have a life of less than these 3 years being wear items or consumables, such as: drill bits, heads, manual starters, nylon spools, chainsaw chains, plough blades, interchangeable parts, etc.
•    Damage caused by adverse climatic factors.
•    Products that are outside the European Union or are in a destination where we do not ship product.

 

In any case, the return of material must be authorised by FITFIU Fitness, which reserves the right to reject, carriage forward, any material that arrives at its facilities without being identified by means of the case number that will be assigned to it once the incident has been processed on our form. Likewise, the customer may contact the company at the same address ([email protected]) to clarify any doubts or
technical queries they may have regarding the installation or operation of the components or parts supplied.
 
FITFIU Fitness will not be responsible for the shipping costs of items that fall under the aforementioned cases of cancellation or exclusion of warranty.

 

Likewise, FITFIU Fitness will not be responsible in any case for any damage that these items may suffer during transport.

 

 

9.    RIGHT OF WITHDRAWAL

In accordance with the provisions of Spanish law, the customer has the right of withdrawal, by virtue of which he/she may return the product received if he/she finds that it does not meet his/her expectations.

 

The exercise of this right may be exercised within a maximum period of 14 calendar days from receipt. Due to the nature of the products marketed on this website, the buyer who wishes to exercise his right of withdrawal must not open the product, so that it is still fit for consumption.

 

In the event that the purchaser has opened the product, this right of withdrawal shall not apply in accordance with the exclusions contained in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws amended by art. 28 of Law 3/2014, of 27 March in its paragraph e).

 

The refund of the purchase price will be made once the condition of the goods has been checked and will be made through the same means of payment used to pay for the order and, in any case, within a maximum of 14 calendar days from the reliable receipt of the cancellation request, provided that it is BESELF BRANDS, S.L. who manages the collection of the product. In the event that the purchaser returns the product via a transport company of their choice, the period of 14 days will begin to run from when BESELF BRANDS, S.L. has actual knowledge of the shipment of the goods or, failing that, from receipt of the product.

 

Return costs arising from the exercise of the right of withdrawal shall be borne by the purchaser.
 
In order to exercise the right of withdrawal, the consumer shall notify his decision to withdraw from the contract by means of an unequivocal statement.


The user must electronically fill in and send the withdrawal form on the fitfiu- fitness.com website. With this option, the consumer will receive without delay the acknowledgement of receipt of the withdrawal form, which must be confirmed in order to make the withdrawal effective. To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right is sent by the consumer before the expiry of the withdrawal period.

 

 

10.    DISCLAIMER OF LIABILITY

Unless otherwise provided by law, FITFIU Fitness accepts no liability for the following losses, irrespective of their origin:

•    any losses which were not attributable to any breach by it;
•    business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
•    or any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

 

Likewise, FITFIU Fitness also limits its liability in the following cases:

•    FITFIU Fitness applies all measures to provide a faithful display of the product on the website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
•    FITFIU Fitness will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, FITFIU Fitness will not be liable for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
•    Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. FITFIU Fitness puts all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
•    FITFIU Fitness will not be held responsible for the misuse and/or wear and tear of the products used by the User. At the same time, FITFIU Fitness will not be
 
held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
•    In general, FITFIU Fitness will not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
o    Strikes, lockouts or other industrial action.
o    Civil commotion, riot, invasion, terrorist threat or attack, state of alarm, war (declared or undeclared) or threat or preparation for war.
o    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o    Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
o    Inability to use public or private telecommunications systems.
o    Acts, decrees, legislation, regulations or restrictions of any government or public authority.

 

Thus, the obligations will be suspended for the period during which the force majeure continues, and FITFIU Fitness will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. FITFIU Fitness will use all reasonable means to find a solution that will allow it to fulfil its obligations despite the force majeure.

 

 

11.    WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with FITFIU Fitness
will be electronic (e-mail or notices posted on the Website).

 

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that FITFIU Fitness sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.

 

The User may send notifications and/or communicate with FITFIU Fitness through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
 
Likewise, unless otherwise stipulated, FITFIU Fitness may contact and/or notify the User by e-mail or at the postal address provided.

 

 

12.    RESIGNATION

No waiver by FITFIU Fitness of any specific legal right or remedy or failure by FITFIU Fitness to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising under a contract or the Terms, or relieve the User from compliance with its obligations.

 

No waiver by FITFIU Fitness of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

 

 

13.    NULLITY

If any of these Conditions are declared null and void by a final decision of a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.

 

 

14.    ENTIRE AGREEMENT

These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between the User and FITFIU Fitness in relation to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties.

 

The User and FITFIU Fitness acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.


 
15.    DATA PROTECTION

The personal information or data provided by the User to FITFIU Fitness in the course of a transaction on the Website, will be treated in accordance with the provisions of in the Privacy Policy (contained, where appropriate, in the Legal Notice and General Conditions of Sale). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.

 

 

16.    COMPLAINTS AND CLAIMS

The User can send FITFIU Fitness their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Terms and Conditions (General Information).

 

In addition, FITFIU Fitness has official complaint forms available to consumers and users, which they can request from FITFIU Fitness at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

 

Information to the buyer on the @E-commerce dispute resolution platform.

Furthermore, if a dispute arises from the conclusion of this purchase contract between FITFIU Fitness and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.

 

 

17.    APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

 

Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these
 
Conditions, or to the sales contracts between FITFIU Fitness and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribun

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