Terms and conditions of sale - Gym-Fit

Terms and conditions of sale

ARTICLE 1 – APPLICABILITY

These general conditions (hereinafter referred to as “Consumer Generated Content”) regulate the relationship between the company ZENCOLINE SL, a company duly incorporated under the laws of the Canary Islands, with its registered office at AVENIDA JOSÉ ANTONIO TAVIO, NO. 4, 38630 ARONA (S. C. TENERIFE) duly registered with the number B72587066, email address info@gym-fit.es (see referred to as the “Seller” or “Gym-Fit”) and the consumer (see, the “Customer”) of the Products that can be found and purchased (see, the “Products”) on https://www.gym-fit.es (see, the “website”). Before any order is placed between the Seller and the Customer, the text of these GTCs will be made available to the Customer. Shortly after placing an Order, the Customer will receive the GTCs by email. These GTCs only apply to the Products purchased by the Customer in their own name. These GTCs are drafted, including, by way of illustration and not limitation, any other contractual information mentioned on the Website, both in French and in English. The GTCs may be modified by the Seller at any time. The applicable GTCs will be those in force on the date of the Customer’s Order. Before concluding the Order, the Customer is invited to read the GTCs by clicking on the “GTCs” link, to print them, to save them, and to accept them. For their own protection and best interest, Customers are advised to carefully read the GTCs before clicking on them and accepting them and before concluding the Order. If the Customer does not fully understand any provision of the GTCs, they may request additional information by sending an email to info@gym-fit.es. The Customer acknowledges having had access to these GTCs before concluding the purchase, in a readable and understandable form. These GTCs come into effect between the parties on the date of the Order, as defined in the following article 5, for the duration necessary for the supply of the Products, until the expiration of the Seller’s obligations and guarantees. These GTCs contain all the obligations of the parties. Therefore, the Customer is deemed to accept these GTCs without reservation. These GTCs apply to the exclusion of any other type of provision and/or terms and/or conditions, including, by way of illustration and not limitation, those applicable to any on-site purchase -if applicable- or to any other type of distribution and/or marketing channel -if applicable-. If a party does not address a claim based on the breach of any of the provisions of these GTCs, such conduct shall not be interpreted as a waiver of such obligation and/or provision. If one or more provisions of these GTCs were to become totally or partially invalid or null and void at any time, the remaining provisions of these GTCs shall continue in full force and effect.

 

ARTICLE 2 DEFINITIONS

refers to an article of these GTCs, unless otherwise indicated. Gym-Fit or Seller: refers to the company Zencoline SL as described above and acting as Seller. Customer: refers to any natural person who uses the Website or the Gym-Fit application and concludes an online Order acting as a consumer. GTCs: refers to these General Conditions. Offer: refers to the Products offered online by the Seller on the Site as described in the following article 3. Order: refers to the Products purchased online by the Buyer on the Site as described in the following article 5. Product(s): refers to any good and/or service offered by the Seller on the Site. Site or Website: refers to the online store belonging to the Seller as described above. Each definition refers to both the singular and plural and to all genders.

 

ARTICLE 3 – OFFER

The Products offered by the Seller on the Website or in the Application are presented and described as accurately as possible so that the Customer can know the essential characteristics of the Products. However:

  • The Seller reserves the right to adapt or modify its Offer at any time until the final validation of the Order (for example, to improve the Products or their description).
  • Despite all the care and accuracy put into the presentation and description of the Products on the Site, the Seller cannot guarantee the non-essential characteristics of the Products (such as the exact match of the colors as shown on the Site with the actual color of the Products). In case the stock of Products is insufficient and future delivery turns out to be impossible, the Customer will be informed as soon as possible and the Order will be canceled, which will result in the refund to the Customer of the total purchase price.

 

ARTICLE 4 – PRICE

The price of the Products is freely set by the Seller,in accordance with all applicable laws and regulations. The price will be indicated to the Customer on the Website in euros, including all taxes and charges (in particular, VAT). Finally, and before placing the Order, the Customer acknowledges having read the price of the Products on the Website, as previously described. For each Product, the price may be modified, changed, or updated by the Seller at any time on the Site. In any case, the applicable prices are those that appear on the Site at the time of placing the Order. Moreover, in case of a promotional code, the following applies:

  • The promotional code dedicated to a specific advertising campaign must be mentioned by the Customer when requested;
  • Only the Customers defined above (i.e., any natural person who uses the Site and places an online Order as a consumer) may use promotional codes;
  • Promotional codes are valid only while supplies last;
  • A promotional code can only be used once;
  • The promotional code is valid only for the price of the Product itself and does not affect additional costs.

 

ARTICLE 5 – ORDER

To validate an Order and, therefore, purchase Products on the Site, the Customer must:

  • Access the Site and review the Offers;
  • Choose the Products they wish to buy;
  • Check their basket on the Site, so the Customer can identify and correct their own errors if necessary;
  • Once the shopping basket is correct, the Customer can validate the Order by entering their personal details, accepting the full price, choosing the appropriate payment method, and accepting the GTCs;
  • Acceptance of an Order by the Customer implies acceptance of the proposed Products and their prices. Consequently, each Order must be paid for by the Customer accordingly. Once the Order has been paid for by the Customer, the Order is firm and final;
  • The Customer will receive an email confirming the Order.

 

ARTICLE 6 – PAYMENT

The payment of the price by the Customer will be made by credit card or by any other option offered on the Site and more convenient for the Customer, if applicable. When payment is made by credit card, the transaction will be charged immediately to the Customer’s credit card after the verification of the Customer’s details, once the charge authorization from the company issuing the credit card used by the Customer has been received. Therefore, the amounts paid will never be considered a deposit or an advance. In accordance with Article L.133-8 of the Spanish Monetary and Financial Code, the Customer may not revoke the payment order once it has been received by the payment service provider, except as provided by law. Thus, by providing their credit card details, the Customer duly authorizes the Seller to charge their credit card for the total amount of the price. The Seller reserves the right to reject an Order for any legitimate reason, particularly in the event of a previous or current dispute with a Customer regarding the payment of a previous Order.

 

ARTICLE 8 – RIGHT OF WITHDRAWAL

ADHESION AND ACCESS – RIGHT OF WITHDRAWAL a. You can subscribe to a membership in one of the following ways:

  1. on the gym-fit website, by filling out the online registration form at www.gym-fit.es; or /
  2. in our Club, by filling out the registration form at the self-service kiosk. b. If you register through the Basic-Fit web page, you have the right to withdraw, without giving any reason, within 14 days from the date of your registration, by email to info@gym-fit.es or by postal mail to Avenida José Antonio Tavio, number 4 in 38630 ARONA, the right of withdrawal does not apply to a registration made in the Club. If you decide to exercise your right of withdrawal and the subscription has not been used during this 14-day period, this cancellation is free of charge. If the subscription has been used during this 14-day period, Gym-Fit may reserve the right to retain a portion of the subscription amount paid pro-rata (i.e., from the activation of the subscription until the day of cancellation, including any possible registration fees). You will be refunded as soon as possible, and no later than 14 days after receipt of your subscription cancellation request, using the same payment method you initially chose. You may not exercise your right of withdrawal at the Self-Service Terminal.
  3. If you have signed a Contract for a one-year commitment period with payments every 4 weeks, you can cancel it no later than 8 weeks before its expiration. If you do not, the Contract will be extended for an indefinite period and may then be terminated at any time without compensation, subject to at least a 12-Week Notice Period.
    Conversely, Gym-Fit may terminate the Contract no later than 8 weeks before its expiration and subsequently with a 12-Week Notice Period.
  4. If you have signed a Contract for a minimum commitment period of one year with full upfront payment, you can cancel it no later than 8 weeks before its expiration. If you do not, the Contract will be extended for an indefinite period and may then be terminated at any time without compensation by either party, subject to at least a 12-Week Notice Period, and any overpaid subscription amount will be refunded pro rata for the elapsed time.
  5. You can terminate your Contract in one of the following ways: at the Self-Service Terminal or via My Gym-Fit (either on the website or the Gym-Fit mobile app), by email, or by postal mail. In case of termination by email or postal mail, please include the following information: your first and last name, your Member number, and the address of the Reference Club.
  6. Our goal is to create an environment in our Clubs where everyone respects each other and adheres to the rules in force. If you fail to comply with the provisions of the Contract, the internal regulations, or these general terms and conditions, or if you engage in behavior deemed unacceptable, Gym-Fit may deny you access to the Clubs and unilaterally terminate the Contract for cause (with immediate effect). Subscribing again after such exclusion constitutes a legitimate reason for the immediate termination of the new subscription and pro-rata refund, except for registration fees which will remain with Gym-Fit.
  7. Working out together is encouraged at Gym-Fit. However, the supervision of other members in the clubs is exclusively reserved for the personal trainers we work with. If, despite this, you offer personal training services or carry out other commercial activities, this may be grounds for Gym-Fit to terminate your contract and seek compensation for damages incurred.
  8. If you allow access to the Club to another person in any way, in violation of these general terms and conditions or the internal regulations, whether the person is a Member or not (e.g., by lending your personal QR Code, letting them enter with you through the access door without the person having a QR Code or a membership card), Gym-Fit may charge you the value of a “Day Pass,” as well as a five-euro processing fee, and block your access to the Club until payment of said amount. In case of repeated violations of these general terms and conditions and/or internal regulations, Gym-Fit is entitled to terminate your Contract.

 

ARTICLE 9 – SUPERIOR FORCES

in case of a superior force, the Seller’s execution of the obligations incumbent upon it under these GTCs will be suspended. The Seller will inform the Customer within thirty (30) days from the date on which such event occurs. If the Seller’s performance of its obligations is suspended for a period longer than thirty (30) days, the Customer will have the option to cancel the ongoing Order and, therefore, receive a refund from the Seller.

 

ARTICLE 10- CUSTOMER ACCOUNT

The Customer must be reachable by email. The Customer is responsible for the use made of their username and password. Therefore, the Seller advises theCustomer to use strong, unique passwords and keep them confidential. The Customer is responsible for the accuracy of their account details. The Customer is not allowed to let others use their Customer account. The Customer shall only have one Customer account with the Seller, who reserves the right to delete multiple registrations of the same person. To prevent abuse or fraud, the Seller will conduct periodic or random checks of Orders and claims. If there’s suspicion of abuse or fraud, the Seller may conduct additional checks and inform the customer. In case of suspected abuse or fraud, the Seller reserves the right to block and keep the concerned Customer’s account blocked.

 

ARTICLE 11- CLAIMS

The Seller’s teams strive to serve everyone and wish for Customers to have the best possible experience. If a Customer has any complaint, the Seller’s teams regret it and will be pleased to hear it. Initially, Customers can communicate their complaints to the Customer Service by filling out the contact form at: https://www.gym-fit.es. If a complaint is not addressed, refer to article 15 – Applicable Legislation and Disputes below.

 

ARTICLE 12 – PERSONAL DATA

To execute the contract, we collect your personal data. The Seller processes your personal data adequately, with due care, and within the framework of applicable laws and regulations, such as the General Data Protection Regulation (GDPR). The Seller’s Privacy Statement lists the data we process, the purposes for which we process it, and how we process personal data. It also explains how involved persons can exercise their rights regarding the processing of their personal data. Gym-fit’s privacy statement can be found on our website.

 

ARTICLE 13 CUSTOMER SERVICE CONTACT DETAILS OF GYM-FIT

The contact details of our Customer Service are as follows:

  • Online form: info@gym-fit.es
  • Postal address: AVENIDA JOSÉ ANTONIO TAVIO, NUM 4. 38630 ARONA (S.C TENERIFE).