General conditions of use

FITSTORE makes available on its website www.FITSTOREEUROPE.com certain contents of an informative nature about its activities.

The present general conditions govern only and exclusively the use of the Fitstore website by the USERS who access it. The present general conditions are exposed to the USER in the web site www.fitstoreeurope.com in each and every one of the pages and each time that a USER introduces his data in the existing forms, so that he reads them, prints them, files and accepts through Internet, not being able the USER to introduce his data effectively without this acceptance has taken place.

Access to the FITSTORE website implies without reservation the acceptance of these general conditions of use which the USER affirms to understand in their entirety. The USER undertakes not to use the website and the services offered therein to carry out activities contrary to the law and to respect these general conditions at all times.

INFORMATION

FITSTORE's website has been created on the one hand to provide third parties with information about its activities and to be able to contact FITSTORE to request additional information, and on the other hand to offer users the possibility of purchasing the products offered. The request for services or items offered for purchase on the website will be governed by the specific general conditions of contract.

CONDITIONS OF ACCESS AND USE

2.1. The use of the FITSTORE website does not entail the obligatory registration of the USER, unless the USER wishes to use the database of existing articles in www.fitstoreeurope.com, or use the customer service through chat, where it will be necessary to register by filling in a basic form, this subscription will be governed by the specific general conditions. The conditions of access and use of this website are strictly governed by current law and the principle of good faith committing the USER to make good use of the web. All acts that violate the legality, rights or interests of third parties are prohibited: right to privacy, data protection, intellectual property, etc. FITSTORE expressly prohibits the following:

     2.1.1. Perform actions that may produce on the website or through it by any means any kind of damage to systems Fitstore or third parties.

     2.1.2. Carrying out without due authorisation any type of advertising or commercial information directly or covertly, sending massive mails ("spaming") or sending large messages in order to block network servers ("mail bombing").

2.2. Fitstore may at any time interrupt access to its website if it detects a use contrary to law, good faith or these general conditions - see clause five.

2.3. The registered data will pass to a file owned by Fitstore in accordance with Law 15/1999 of 13 December on the Protection of Personal Data. Fitstore declares that the technical and organisational measures for data protection have been adopted in accordance with Royal Decree 1720/2007, of 21 December, approving the Regulations for the development of Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

     2.3.1. Your data will be incorporated into a protected file for which Fitstore is responsible in order to manage/allow access to your customer account and send you information about our products and services including by electronic means if you so wish. Users whose data are the object of processing may freely exercise their rights of access, rectification, cancellation and opposition of their data in the terms specified in Law 15/1999 on the Protection of Personal Data, in accordance with the procedure established by law. These rights may be exercised by sending a duly signed written communication, accompanied by a photocopy of your National Identity Document by e-mail to INFO@fitstoreeurope.com requesting the modification or deletion of your personal data.

CONTENTS

The contents incorporated in this web site have been elaborated and included by: 

3.1. Fitstore using internal and external sources in such a way that Fitstore is only responsible for the contents elaborated internally.

3.2. Third parties other than Fitstore, either through direct collaborations on the website or present through hyperlinks or links to other websites or news from other sites of which Fitstore is not the owner. Fitstore in no case will be responsible for the contents thus introduced and does not guarantee the proper functioning of all these links or hyperlinks. The USER who wishes is

3.3. Fitstore reserves the right to modify at any time the existing content on its website.

LIABILITY

Fitstore in no case will be responsible for:

4.1. Faults and incidents that may occur in communications, deletion or incomplete transmissions so that there is no guarantee that the services of the website are constantly operational.

4.2. Of the production of any type of damage that the USERS or third parties could cause in the web site.

4.3. Fitstore reserves the right to suspend access without prior notice at its discretion and definitively or temporarily to ensure effective liability for any damage that may occur. Likewise, Fitstore will collaborate and notify the competent authority of these incidents at the time it has reliable knowledge that the damage caused constitute any kind of illegal activity.

5.1. In the event that any clause of this document is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the very purpose of these conditions. Fitstore may not exercise any of the rights and powers conferred in this document which does not imply in any case the waiver of them unless expressly acknowledged by Fitstore.

ORDER FULFILLMENT AGREEMENT

These terms and conditions, together with your Order Confirmation, constitute a CONTRACT between our company and you.

FRAUDULENT ORDERS AND/OR REFUSAL OF CASH ON DELIVERY

According to the conditions of use of our website, when a shipment is rejected for personal reasons of the customer, it is the responsibility of the customer to pay the return and return shipping of the order. In case of not paying the costs that the rejection has caused to Fitstore, we will proceed to claim the amount through a court, and credited with customer data and the IP address of the computer from which the order was placed.

These general conditions are formulated in accordance with the Civil and Commercial Codes, Law 7/1996, of 15 January, on the Regulation of Retail Trade, Law 7/1998, of 13 April, on General Contracting Conditions and Law 7/1995, of 23 March, on Consumer Credit.

All and each one of the orders that leave our facilities are recorded by means of security cameras in order to avoid possible frauds.

SHIPPING CONDITIONS

* Characteristics: Delivery Times will vary according to products and provinces of delivery. Delivery times are indicated in working days (Monday to Friday) and start counting from the confirmation of payment in our bank account, Virtual TPV or Paypal, or immediately in the case of cash on delivery.

* Conditions: In case of failure to meet the specified delivery date in more than 14 working days, the buyer may choose to cancel the order and receive the amount paid. Non-compliance in delivery will not be considered as such if it has been delayed by its own will or if it has not been possible to locate the buyer through the data provided by it.

* Incidence in the sending: Fitstore will not be able to send the articles if because of errors in the data of sending of the client; data of sending or false or doubtful registry; computer errors; error of computer processing; typographical error in the informative card of the product; error of stock or error in the chosen flavors, could not contact with the client to solve the incidence. 

* Insurance: Orders travel covered by insurance for 100% of the value of the goods. In the event that your shipment is damaged due to transport, you must indicate the anomalies on the delivery note of the carrier. Claims will not be admitted after 24 hours from the reception of the merchandise. Any claim motivated by transport damage must be addressed to Fitstore within the period indicated. Remember never to throw away the packaging of the products until you check that they are in perfect condition and verify that all products match those you asked.

* Customs management: Canary Islands, Ceuta, Melilla and other areas that require the management of a customs agent, will involve additional costs (customs clearance, local taxes, etc ...) for which Fitstore is not responsible, always complying with current legislation. If the shipping area is exempt from general taxes, and adapts to local legislation, the website will exclude or add the corresponding amounts, but in no case will be managed or cover the costs of customs clearance and / or taxes for the destination area that may occur.

* Textiles and sportswear: In no case will the amount of textile products, sportswear and accessories be refunded.

In case of size error will be the customer who is responsible for sending the product to our facilities. Once the correct condition of the product has been checked, a change of size or a ticket for the same value will be made to be exchanged within 30 days.

All and each one of the orders that leave our facilities are recorded by means of security cameras in order to avoid possible frauds.

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 calendar days without justification.

The withdrawal period shall expire 14 calendar days from the date of delivery of the order.

In order to exercise the right of withdrawal, you must notify us of your name, full address and contact telephone number or e-mail address and your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

In order to comply with the withdrawal period, it is sufficient that the notice concerning the exercise by you of this right is sent before the expiry of the relevant period.

In the event of a withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive method of ordinary delivery that we offer) without undue delay and in any event no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any event, you will incur no expense as a result of the refund.

You must return the goods to us or deliver them directly to us by contacting us at info@fitstoreeurope.com without undue delay and in any event no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The time limit shall be deemed to have been met if you return the goods before the time limit has expired.

You alone shall be liable for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

LEGAL GUARANTEES

In the event of a defective product, the seller must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, efforts that will be free for the consumer and user. The seller is liable for any lack of conformity that becomes apparent within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

Non-perishable sporting goods are guaranteed for 2 years.

FORMS OF PAYMENT

General terms and conditions of our payment methods:

* Payment by debit/credit card: You can pay the total amount of the purchase, paying by debit or credit card through our secure virtual TPV, which guarantees the security and reliability of the payment.

 * Payment by PayPal: You will be able to pay the total amount of the purchase, paying through the PayPal platform.

MISCELLANEOUS

In order to maintain the delivery time and current promotions of your order, you must pay within 24/48 hours. Once this period has expired, Fitstore is not responsible for variations in terms and / or prices that may suffer your order.

When placing your order, Fitstoreeurope.com undertakes not to transfer your personal data, except for the completion of the shipment (to the transport agency or logistics platform of the manufacturer).

INFORMATION ABOUT THE NUTRITIONAL PRODUCTS ON THIS WEBSITE

- The products marketed on this website are nutritional supplements as established by the European Directive 2002/46/EC on food supplements and all of them can be sold legally in all countries of the European Community, by Articles 28, 29 and 30 of the Treaty of the European Community and by Articles 1 to 4 of the Decision of the European Parliament number 3052/95/EC. Dietary supplements are not intended to replace a balanced and varied diet, they are only presented in order to supplement the nutrient intake of a normal diet according to that legislation. Food supplements do not treat, prevent, diagnose or cure any disease attributable to medicinal products, as defined by European Directive 2004/27/EC of 31 March 2004 of the European Parliament and of the Council on medicinal products.

- The products should not be used as a substitute for diet or medication and should be out of reach of children.

- The consumption of products should be monitored by a professional, if in doubt, always consult your doctor.