GENERAL CONDITIONS OF SALE

www.fitago.es

1. GENERAL INFORMATION

The ownership of this website www.fitago.es, (hereinafter Website) is held by: , with NIF: Fitago Active SLU, provided with NIF: B5636385 and registered in: Mercantile Registry of Cádiz, and whose contact details are:

Address: Sancho IV el Bravo, 28 Esc. ENT 11380 Tarifa (Cadiz)

Contact phone number: 636653704


Contact email: hola@fitago.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.fitago.es) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, the activity that Fitago carries out through the Website is understood to include:

Marketing and distribution of food products, as well as all kinds of sports nutrition products and food supplements.

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

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time when the acquisition of products and/or services is requested will be applicable.

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

2. THE USER

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

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







The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. Fitago does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Fitago declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may, at his/her discretion, formalize with Fitago the contract of sale of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the established means and methods. They must follow the online purchasing and/or acquisition procedure of www.fitago.es, during which various products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: ""

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

The User will then receive an email confirming that Fitago has received their order or request for purchase and/or provision of the service, i.e. the order confirmation. If applicable, they will also be informed by email when their purchase is being shipped. If applicable, this information may also be made available to the User through their personal connection space on the Website.

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

The User acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: 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 placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions made on the Website may be archived and kept in Fitago's computerized records in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

Unless otherwise expressly stated, Fitago is not the manufacturer of the products sold or that may be sold on the Website. Although Fitago makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions that accompany the product.

The User is aware that Fitago offers a series of services that the owner does not provide to the Users directly, but rather will be contracted and provided by a third party other than Fitago.

4. AVAILABILITY

All purchase orders received by Fitago through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of 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 if there are no products in stock, Fitago undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Fitago therefore provides delivery and/or shipping services through: UPS.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the available shipping methods and costs and freely choose the one that best suits him/her.

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 selected and chosen voluntarily and freely.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already completed the purchase request process on the Website as indicated in paragraph one of clause three or received an order confirmation.

Accepted payment methods include: Credit or debit card, PayPal and Bizum.

Fitago uses all means to ensure 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.

Credit cards will be subject to verification and authorization by the bank that issued them. If said bank does not authorize the payment, Fitago will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once Fitago 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 the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, at the established place.

If the payment method is PayPal, gift card or credit card, the charge will be made at the time Fitago sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "Place order" the User confirms that the payment method used is his/her own, or that, where applicable, he/she is the legitimate holder of the gift card or the credit card.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla) Spain (Peninsula and Balearic Islands), European Union Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union Spain (Peninsula and Balearic Islands), European Union, Rest of Europe Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe Worldwide

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization 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, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to Fitago, the delivery date cannot be met, it will contact the User to inform him of this circumstance and he may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If delivery of the order is impossible 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 delivered again.

If the User is not going to be at the delivery location during the agreed time slot, he/she must contact the carrier to arrange delivery on another day.

If 30 days have passed since your order was available for delivery and it has not been delivered for reasons not attributable to Fitago, Fitago will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for 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 terminated.

However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on 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 time when the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of receipt of the order at the agreed delivery address.

Any risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Fitago 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 time after the full receipt of the amount to be paid by Fitago.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed 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 the one legally in force at any given time depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders will be located, for their delivery and/or provision, in that Member State of the European Union where the address that appears on the purchase order is located and, therefore, the applicable VAT will be that in force in said Member State.

For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these may be borne by the User.

For the rest of the locations, other than those mentioned above, where the purchase orders are located, the regulations in force at any given time will apply for their delivery and/or provision; the User must take into account that this could generate the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these could be borne by the User. For further information, the User must contact the customs office at the destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

Users are hereby informed that if they detect that an error has occurred when entering the data required to process their purchase request on the Website, they may modify the data by contacting Fitago through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or by using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through their personal connection space on the Website.

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

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather 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 April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner's Website, he or she has a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Fitago Website or, in the event that the goods that make up your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days after the day on which the contract is concluded.

To exercise this right of withdrawal, the User must notify Fitago of his/her decision. This may be done, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that Fitago makes available to him as an annex to these Conditions; however, its use is not obligatory.

To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Fitago will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Fitago is informed of the User's decision to withdraw.

Fitago will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, Fitago may withhold such reimbursement until it has received the purchased products or items, or until the User presents proof of the return of the same, depending on which condition is met first.

The User can return or send the products to Fitago at: Calle la Chanca, Number 11, 11380 Tarifa (Cádiz)

And you must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which Fitago was informed of the decision to withdraw.

The User acknowledges that he/she must bear the direct cost of returning the goods (transport, delivery), if any. In addition, he/she will be responsible for any decrease in the 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, approving 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 in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

The provision of a service that the User may contract on this Website is governed in the same way, since this same Law establishes that the Right of withdrawal will not assist Users 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 Fitago, they will have lost their right of withdrawal.

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

Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link: https://www.fitago.es/devoluciones

Return of defective products or shipping errors

These are all cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact Fitago immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

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 a refund or, where appropriate, a replacement is appropriate.

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 email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for products returned due to a defect, when this actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred in making the return. The refund will be made using the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be observed.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, Fitago being therefore responsible for any lack of conformity thereof that becomes apparent within a period of three years from the delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they fit the description made by Fitago and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance that is usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them during the three years following the delivery of said products. To do so, the User must have kept all the information regarding the warranty of the products.

However, to learn more about the After-Sales Service that Fitago provides to Website Users, you can consult it here:

9. DISCLAIMER

Fitago limits its liability in the following cases:

Fitago takes all measures to ensure a faithful display of the product on the Website, but is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, problems with the browser being used, or other problems of this nature.

Fitago will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages arising from poor transport performance, especially due to causes such as strikes, roadblocks, and in general any other causes inherent to the sector, which result in delays, loss or theft of the product.

Technical failures that, for unforeseen or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Fitago uses all means at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, such as unforeseen events or force majeure.

Fitago will not be held responsible for any misuse and/or wear and tear of the products that have been used by the User. At the same time, Fitago will not be held responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.

In general, Fitago will not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:

Strikes, lockouts or other protest measures.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, boats, planes, motor vehicles or other means of transport, public or private.

Inability to use public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Fitago will have an extension of the period to comply with them for a period of time equal to the duration of the cause of force majeure. Fitago will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Fitago will be electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Fitago sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with Fitago through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Fitago may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by Fitago of any specific right or legal action or failure by Fitago to require strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Fitago of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

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

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and Fitago in relation to the object of sale and replace any other previous agreement, pact or promise agreed verbally or in writing by the same parties.

The User and Fitago acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

Any personal information or data provided by the User to Fitago during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). 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.

15. APPLICABLE LEGISLATION AND JURISDICTION

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

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Fitago and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send Fitago any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

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

Likewise, if a dispute arises from the conclusion of this purchase contract between Fitago and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes for consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.