General Terms of Sale
The sales contracts concluded through this website www.fitnesstech.es between the entrepreneur and the consumer shall be governed by the following General Terms and Conditions of Contract.
Acceptance of this document implies that the user:
- Has read, understands, and comprehends what is set forth herein.
- Who is a person with sufficient capacity to contract.
- Who assumes all the obligations set forth herein.
These conditions shall have an indefinite validity period and shall apply to all contracts made through the provider's website.
The provider reserves the right to unilaterally modify these Conditions, without this affecting the goods or promotions that were acquired prior to the modification.
- Identity of the parties
On one hand, the provider of the goods or services contracted by the user is LOWCOST TECHNOLOGY SLU, with registered office at AV/ CORTES VALENCIANAS 39 PLANTA 1 46015 RIBAROJA, with C.I.F. nº B67677278, customer service email INFO@FITNESSTECH.ES and contact phone: +34 960 10 63 94.
The user can register on the website using a username and password, for which they have full responsibility for use and custody, being responsible for the accuracy of the personal data provided to the provider.
You can contact us via email at the following address: INFO@FITNESSTECH.ES
- Object of the Contract
This contract aims to regulate the contractual sales relationship arising between the provider and the user at the moment the user accepts the corresponding box during the online contracting process.
The contractual sales relationship involves the delivery, in exchange for a determined price publicly displayed through the website, of a specific product or service.
For the purposes of these conditions, it is understood that the activity carried out by THE SELLER through the website includes:
a.- The sale of sports equipment.
And regarding said sports equipment, the following services can also be contracted:
b.- The assembly service of the equipment.
c.- The repair service.
d.- The home delivery service.
Access, navigation, and use of the website confer the status of USER, therefore all Conditions established herein, as well as their subsequent modifications, are accepted from the moment website navigation begins, without prejudice to the application of the corresponding mandatory legal regulations as applicable.
The user assumes responsibility for the correct use of the website. This responsibility will extend to:
- Use this website only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it can reasonably be considered that such a purchase has been made, it may be canceled and the competent authorities will be notified.
- Provide contact information that is truthful and lawful.
The user declares to be over 18 years old and to have legal capacity to enter into contracts through this website.
If you are under 18 years old, you will need legal capacity demonstrated by authorization signed by parents or legal guardian.
The website is intended for any consumer without discrimination based on nationality, place of establishment, or place of residence. THE PROVIDER ensures that the website complies with the legislation of the Spanish State.
- PURCHASE PROCESS
The information about our products (including descriptions, quantities, and prices) does not constitute an offer. It is an invitation to make a purchase of our products. The agreement will only be considered when your request is accepted. Acceptance is at our discretion and will depend, among other things, on the availability of the requested products and/or services, quantities, price consistency, and stock availability.
You must follow the online purchase and/or acquisition procedure, during which various products and services can be selected and added to the cart, basket, or final purchase space.
Furthermore, THE USER must fill in and/or verify the information requested at each step, although during the purchase process, before making the payment, the purchase data can be modified.
To proceed with the purchase, a user account can be created beforehand where the User must enter a username and password of their choice, committing to use them diligently, not making them available to third parties, and notifying the provider of any loss or theft of these credentials or possible unauthorized access by a third party, so that immediate blocking can be carried out. The user may not choose as a username words intended to confuse others by identifying them as a member of the provider, nor offensive, injurious expressions, or generally those contrary to the law or to moral standards and good customs.
The forms to be filled out relate to contact identification data (in case of not being previously registered), billing data, shipping address details for the products, and once the payment method is selected, the entry of the necessary data to proceed with the payment.
Once the purchase process is completed, within no more than 24 hours, THE USER will receive an email confirming the order.
Likewise, once the purchase procedure is completed, THE USER consents to the website generating an electronic invoice that will be sent to the CLIENT via email. Additionally, THE USER may, if desired, obtain a paper copy of their invoice by requesting it at facturas@fitnesstech.es
THE USER acknowledges being aware, at the time of purchase, of certain specific sales conditions related to the product and/or service in question, which are displayed alongside the presentation or, where applicable, the image of the product on the website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, details or characteristics of the products, the manner in which the services will be provided, and their cost.
In accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the steps to follow to complete the purchase process are outlined:
|
Step 1 |
Access the website |
To place an order, it is necessary to access the website. |
|
Step 2 |
User Registration (Optional) |
You can register as a user by completing the electronic form that appears on the online store's website and following the instructions provided therein. |
|
Step 3 |
Fill shopping cart |
To proceed with the purchase of products, the User must add the desired product to the cart, following the on-screen instructions. Check stock availability beforehand. The prices and offers presented on the website are valid exclusively for online orders. |
|
Step 4 |
Validate purchase |
To this end, complete the provided order forms (Billing data, Shipping type, Delivery data, Payment method, and Order, as well as identification data and email if not registered) and validate the purchase. |
|
Step 5 |
Payment |
Selection of the payment method and its execution through the corresponding gateway. |
|
Step 6 |
Confirmation email |
Once the purchase has been made and as soon as possible, always within 24 hours from the execution of the purchase, THE SELLER will send the CLIENT by email a purchase receipt with the characteristics, price, transport methods, contracting date, and estimated delivery of the contracted product or service. If you disagree with the data recorded in such confirmation, you may request their modification or the cancellation of the contract. |
- AVAILABILITY
All purchase orders received through the website are subject to product availability and/or that no cause or force majeure circumstance affects their supply.
If difficulties arise regarding product supply or if products are out of stock, THE SELLER commits to contacting the CLIENT and refunding any amount that may have been paid for the purchase or agreeing on the delivery of the product at a new date.
- LANGUAGE
The contract may be formalized in Spanish, Portuguese, or French. If it can be carried out in another language, this will be indicated before starting the contracting procedure.
- CONTRACT ARCHIVE
Communications, purchase orders, and payments involved during transactions made on the website may be archived and stored in the computerized records of THE SELLER in order to constitute evidence of the transactions, respecting reasonable security conditions and the applicable laws and regulations in force in this regard, specifically complying with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
You can access the electronic contract within your session on the website or by sending an email to: INFO@FITNESSTECH.ES
- PRICE AND PAYMENT
The product price is the price in effect at the date and time of your request and will be displayed next to each product in the online store. We strive to ensure that the prices shown in our store are accurate.
The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros.
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.
Under no circumstances will the website automatically add additional costs to the price of a product, only those that the USER has voluntarily and freely selected.
However, unless otherwise specifically indicated, prices exclude shipping costs that may be incurred, which will be added to the total amount due at the time of processing the shipping procedure by the USER, where they will consult the available shipping methods and costs and freely choose the one that best suits them.
EL VENDEDOR uses all means to guarantee the confidentiality and security of payment data transmitted by the USER during transactions through the website. As such, the website uses a secure SSL (Secure Socket Layer) payment system.
Payment can be financed, at the CLIENT's choice, with SEQURA over a period of 3 months without interest or divided up to 18 months (https://www.fitnesstech.es/pages/sequra).
- PAYMENT METHODS
The accepted payment methods are:
Credit and debit card
Debit and credit cards will be subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, EL VENDEDOR will not be responsible for any delay or failure in delivery, and no contract can be formalized with the USER.
Once EL VENDEDOR receives the purchase order from the USER through the website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge to the card will be made at the moment the shipping confirmation is sent to the CLIENT.
Paypal
Payment via PayPal: PayPal is a free and secure way to make online payments using your debit or credit card (VISA or MASTERCARD). PayPal ensures that your card numbers will never be revealed to EL VENDEDOR or any other company nor transmitted over the network. The PayPal payment process is as follows:
- Click the Add to Cart button next to the item you wish to purchase. This process will take you to the payment area of EL VENDEDOR within PayPal's Secure Server. If you want to add more products, click the Continue Shopping button, which will return you to the online store of EL VENDEDOR.
- Once all desired items have been added to the cart, click the Proceed to Checkout button.
- It is not necessary to have a PayPal account; enter all your secure payment information in the area protected by PayPal. If you have a PayPal account, log in to PayPal, where all your banking and personal data are already saved.
Finally, review and complete the purchase on PayPal.
- After completing the payment, you will automatically return to the online store of EL VENDEDOR.
- PayPal will automatically send a Payment Receipt to your email address.
- THE SELLER will send you the invoice to the order email address.
Bank transfer
Purchase orders where THE USER selects bank transfer as the payment method will be reserved for 5 calendar days from order confirmation to allow sufficient time for the bank transfer to be processed by THE SELLER's payment system for the website. Once the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, THE USER must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In case of error, THE SELLER will not be able to validate the order, and it will be canceled.
Flexible payment with Sequra:
With this payment method, the user can finance their order over a period of 3 to 18 months according to the terms and conditions of the financial service provider Sequra.
Payment can be divided into 3 interest-free installments or into 4, 6, 12, and 18 months for just a small fixed monthly cost. The user only needs their ID, mobile phone, and bank card. This way, they can make the purchase instantly and without paperwork.
To do this, we must follow the following steps:
Select Pay in Installments with Sequra as the payment method at checkout.
The user must enter their data (ID and mobile), choose their payment plan, and pay the first installment with a credit card.
The granting of financing is subject to approval by Sequra after a delinquency analysis.
- DELIVERY OF THE MERCHANDISE
At the CUSTOMER'S choice, goods will be delivered to a warehouse or sent to their home, as selected.
By default, shipments over 30kg are delivered to the street level. For home delivery services, please consult customer service.
Regarding the assembly service, the geographic coverage area includes Spain and Portugal at the peninsula level (this service is not available on islands except Mallorca). Outside these areas, a quote can be requested to determine if assembly is feasible with additional charges. (https://www.fitnesstech.es/collections/servicios-de-montaje-y-reparaciones)
Shipping
In cases where physical delivery of the contracted goods is required, deliveries will be made within the Peninsula, Balearic Islands, Canary Islands, and Portugal.
Deliveries will be made on business days.
Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, derived from product customization, the merchandise will be delivered within the timeframe indicated on the website according to the shipping method selected by THE USER and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason attributable to THE SELLER the delivery date cannot be met, we will contact the CUSTOMER to inform them of this circumstance, and they may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
If it is impossible to deliver the product 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 arrange for it to be delivered again.
If a CUSTOMER will not be at the delivery location during the agreed time slot, they must contact THE SELLER to arrange delivery for another day.
For the purposes of these Conditions, delivery will be considered to have occurred when THE USER or a third party indicated by them takes physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.
The risks arising from the products will be borne by THE USER from the moment of delivery. THE USER acquires ownership of the products when THE SELLER receives full payment of all amounts due related to the purchase or acquisition made, including shipping costs, or at the time of delivery if this occurs after full payment has been received.
Delivery and/or shipping services are normally carried out with GLS, Transaher, FNG, or Seur.
Shipping costs and times
No shipping costs will be charged for purchases over €39.99 destined for Spain-Peninsula.
In other cases, shipping costs
OPTION B: will be detailed at the time of completing the purchase and selecting the corresponding shipping option; they can also be consulted in the section of https://www.fitnesstech.es/pages/envios
The shipping times will be as follows:
- Shipping to the Peninsula (Spain and Portugal) (approximately 24/48 hours)
- Standard shipping to the Balearic Islands (approximately 24/48 days)
- Standard shipping to the Canary Islands (approximately 8 days)
Delivery must be made within the timeframe indicated above; however, due to the volume of some items, workload, external logistical problems beyond the seller's control, or any incident outside the seller's responsibility, this period may be extended up to a maximum of 15 business days. In any case, events beyond Fitness Tech's control may occur that could delay delivery.
When the user purchases a product, they must check that there are no issues at the time of delivery, such as the equipment not fitting in the elevator or stairway, or not passing through the door. The user should consider these issues and verify if the product dimensions are compatible with the physical structures of their home or building. In the event that we cannot deliver the product for these reasons, delivery costs will not be refundable.
- TECHNICAL MEANS TO CORRECT ERRORS
THE USER is informed that if they detect an error when entering necessary data to process their purchase request on the website, they may modify it by contacting THE SELLER through the contact details mentioned at the beginning of these “General Terms and Conditions of Contracting.”
In any case, THE USER must confirm the purchase before completing the process and will have access to the cart, basket, or space where the order summary is shown, allowing them to modify the order at this time.
Similarly, the CLIENT is referred to the Data Protection clause of these Conditions to review how to exercise their right to rectify personal data established in Organic Law 3/2018, of December 5, on the Protection of Personal Data.
- RETURNS
- a) Right of withdrawal
You have the right to terminate the contract within 14 calendar days without any justification. Such withdrawal must be notified to THE SELLER in writing at the contact details (address or email) mentioned at the beginning of these “general terms and conditions of Contracting.” Annex I of these Conditions provides a form to exercise the right of withdrawal, although any other form evidencing the exercise of this right will be valid.
THE USER, regardless of the means chosen to exercise their right of withdrawal, must clearly and unequivocally express their intention to withdraw from the purchase contract.
The withdrawal period will expire 14 calendar days after the day THE USER or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on our website or, if the goods that make up the order are delivered separately, 14 calendar days after the day THE USER or a third party authorized by them, other than the carrier, acquires physical possession of the last of those goods that make up the same purchase order.
To meet the withdrawal period, it is sufficient that the communication clearly expressing the decision to withdraw is sent before the corresponding deadline expires.
In the event of exercising the right of withdrawal, the amount paid including shipping costs will be refunded, provided that the product is in the same condition as it was delivered.
The refund will be made without undue delay and, in any case, no later than 14 calendar days from the date THE SELLER is informed of the exercise of the right of withdrawal.
However, such refund may be withheld by THE SELLER until the products or items from the purchase have been received, or until THE USER provides proof of their return, whichever condition is met first.
The refund will be made using the same payment method that THE USER used to make the initial purchase transaction.
Exercising the right of withdrawal will not entail any cost for the consumer.
THE USER must return the products or goods subject to withdrawal within 14 calendar days from the date they notified their right to withdraw.
THE USER acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. Additionally, they will be responsible for any reduction in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. However, THE CLIENT will not have to reimburse any amount for the reduction in value of the goods that results from their use in accordance with the agreement or their nature, or from the use of the service.
In any case, no refund will be made if the product has been used beyond merely opening it, if the products are not in the same condition as when delivered, or if they have suffered any damage after delivery.
Likewise, the product must be returned using or including all its original packaging, instructions, and other accompanying documents, as well as a copy of the purchase invoice.
In principle, if a machine is shipped, assembled, and used, it could no longer be returned since the mere fact of assembling it means it can no longer be resold.
Under article 103 of the Law for the Defense of the Rights of Consumers and Users, there will be no right of withdrawal and the client declares themselves informed and in agreement with this exception in contracts related to the provision of services, once the service has been fully performed, when the execution has begun with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by the entrepreneur, they will have lost their right of withdrawal.
- b) Return of defective products or shipping errors
If THE USER considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order due to being defective or due to an error in the shipment of the product, they must contact THE SELLER immediately and notify their disagreement (defect/error) through the contact details provided at the beginning of these General Terms and Conditions of Contracting. The user will have a maximum period of 5 days from receipt of the order to report any incident.
THE USER will then be informed about how to proceed with the return of the products and, once returned, they will be examined and the CLIENT will be informed, within a reasonable period, whether a refund or, if applicable, a replacement will be made.
The amount paid for products returned due to a defect, when one actually exists, will be fully refunded, including shipping costs and any expenses THE USER may have incurred to make the return. The refund will be made using the same payment method THE USER used to make the purchase.
c) Refund method:
The refund will be made using the same payment method used to place the order.
- WARRANTIES
THE USER, as a consumer and user, enjoys guarantees on the products they may acquire through this website, under the legally established terms for each type of product, with the SELLER being responsible for any lack of conformity that manifests within 3 years from the delivery of the product, according to the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
In this regard, products are understood to conform to the contract as long as:
- They conform to the description made by the SELLER and possess the qualities presented on the website.
- They are suitable for the uses for which products of the same type are ordinarily intended.
- They present the usual quality and performance of a product of the same type and are fundamentally to be expected from it.
When this is not the case regarding the products delivered to the CUSTOMER, they must proceed as indicated in the section “Return of defective products or shipping errors.”
However, some of the products sold on the website may exhibit non-uniform characteristics as long as these derive from the type of material used in their manufacture and, therefore, form part of the individual appearance of the product and are not a defect.
Furthermore, there may be cases where THE USER purchases a product from a third-party brand or manufacturer on the website. In this case, you have the option to contact the brand or product manufacturer directly to find out how to exercise your legal warranty rights during the two years following the delivery of such products.
Regardless of to whom the warranty right is exercised, THE USER must have retained all information related to the product warranty (invoice and warranty).
- CUSTOMER SERVICE: COMPLAINTS AND CLAIMS
THE USER can send the SELLER their complaints, claims, or any other comments they wish to make through the contact details provided at the beginning of these General Terms and Conditions of Contract. Additionally, for any incident or technical support request, they can contact us via the web form. https://www.fitnesstech.es/pages/soporte-fitness-tech
- DISCLAIMER OF LIABILITY
Unless otherwise provided by law, THE SELLER will not accept any liability for the following losses, regardless of their origin:
- Any loss not attributable to any breach on our part.
- Business losses (including loss of profit, income, contracts, expected savings, data, goodwill loss, or unnecessary expenses incurred) or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products or services was formalized between both parties.
Likewise, THE SELLER also limits its liability in the following cases:
- THE SELLER applies all measures concerning providing a faithful visualization of the product on the website; however, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution limitations, browser issues, or others of this nature.
- THE SELLER will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transportation. However, it is not responsible for damages arising from malfunctioning of the transport, especially due to causes such as strikes, roadblocks, and, in general, any other sector-related cause that results in delays, losses, or theft of the product.
- Technical failures caused by fortuitous or other reasons that prevent the normal functioning of the service via the internet.
- Lack of availability of the website due to maintenance or other causes that prevent the service from being available.
- THE SELLER makes every effort to carry out the purchase, payment, and shipping/delivery process of the products; however, it is exempt from liability for causes not attributable to it, fortuitous events, or force majeure.
- THE SELLER shall not be responsible for misuse and/or wear and tear of products that have been used by THE USER.
- THE SELLER is not responsible for an erroneous return made by THE USER.
- In general, THE SELLER shall not be held responsible for any breach or delay in fulfilling any of the assumed obligations when such is due to events beyond our reasonable control, that is, due to force majeure, which may include, by way of example but not limited to:
- Strikes, lockouts, or other industrial actions.
- Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, planes, motor vehicles, or other means of transportation, public or private.
- Acts, decrees, legislation, regulations, or restrictions from any government or public authority.
In these cases, obligations will be suspended during the period in which the force majeure cause continues, and THE SELLER will have an extension of the deadline to fulfill them for a period equal to the duration of the force majeure cause. THE SELLER will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure cause.
- REMOTE COMMUNICATION TECHNIQUE
The remote communication available from THE SELLER to conclude purchase contracts on this website will be electronic communications (emails or notices published on the website), which do not entail any cost for THE USER.
For contractual purposes, THE USER consents to using electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically by THE SELLER meet the legal requirements of written communication.
Likewise, THE USER can contact us through the contact details listed at the beginning of these Conditions or through any contact form on the website.
On the other hand, THE SELLER may contact THE USER via the email, phone, or postal address provided by them during the contracting process.
No communication that generates additional costs through premium-rate phone numbers, certified postal mail, etc., is foreseen.
- DATA PROTECTION
THE SELLER guarantees the protection and confidentiality of personal, residential, payment, and any other type of data provided by our customers in accordance with the provisions of EU Regulation 2016/679 (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
In accordance with the provisions of the regulations mentioned in the previous paragraph, we inform you that we process the data you have provided to carry out administrative, accounting, and tax management, as well as to send you commercial communications about our products and/or services. The legal basis for this is the execution of the contract or the application of pre-contractual measures and legitimate interest. Data will not be transferred to third parties, except for legal obligation. You have the right to access, rectify, and delete the data, as well as other rights indicated in the additional information (privacy policy).
In case of an error in data entry, THE USER has the telematic and personal resources provided in these conditions to proceed with its correction.
- APPLICABLE LEGISLATION
These General Terms and Conditions of Contract are subject, among others, to the following Regulations:
- Law 7/1996, of January 15, on Retail Trade Regulation.
- Law 7/1998, of April 13, on General Contracting Conditions.
- Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of February 28, 2018, on measures to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment of customers in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
- Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
- Royal Decree 1720/2007, of December 21, approving the Regulation for the development of Organic Law 15/1999, of December 13, on the protection of personal data.
- CODES OF CONDUCT TO WHICH WE ARE SUBSCRIBED
You are informed that we are not subscribed to any Code of Conduct.
- ARBITRATION
If a dispute arises from the conclusion of this purchase contract between THE USER and THE SELLER, THE USER as a consumer may request an out-of-court dispute resolution in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation No. 2006/2004 (EC) and Directive 2009/22/EC. You can access this arbitration through the following link: http://ec.europa.eu/consumers/odr/
- COMPETENT COURTS
The parties submit, at their choice, for the resolution of conflicts to the courts and tribunals that are competent in each case.
In the event that the user has their residence outside Spain, the seller and the user expressly waive any other jurisdiction, submitting themselves to the Courts and Tribunals of the city of Valencia (Spain).