Terms of service

GENERAL TERMS OF SALE

www.fitago.es

1. GENERAL INFORMATION

The ownership of this website www.fitago.es (hereinafter referred to as the Website) is held by Fitago Active S.L.U., with Tax ID: B5636385, registered with the Commercial Registry of Cádiz, and with the following contact details:

Address: Sancho IV el Bravo, 28 Esc. ENT 11380 Tarifa (Cádiz)
Contact Telephone: 636653704
Contact Email: hola@fitago.es

This document (as well as other documents referenced herein) governs the terms for the use of this Website (www.fitago.es) and the purchase or acquisition of products and/or services on it (hereinafter, the Terms).

For the purposes of these Terms, it is understood that the activity Fitago develops through the Website includes:

The sale and distribution of food products, as well as various sports nutrition products and dietary supplements.

In addition to reading these Terms, 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 policies of Fitago. By using this Website or making and/or requesting a purchase of a product and/or service through it, the User agrees to be bound by these Terms and by all the aforementioned. If the User does not agree with all of this, they should not use this Website.

Please be advised that these Terms may be amended. The User is responsible for consulting them each time they access, browse, and/or use the Website, as the applicable terms are those in effect at the time the purchase of products and/or services is requested.

For any questions the User may have regarding the Terms, they may contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

Access to, browsing, and use of the Website grants the condition of user (hereinafter referred to individually as "User" or collectively as "Users"), accepting, from the beginning of navigation on the Website, all the Conditions herein, as well as their subsequent amendments, without prejudice to the application of the corresponding mandatory legal regulations as appropriate.

The User agrees to use the Website responsibly. This responsibility includes:

• Using this Website solely for legitimate inquiries and purchases.
• Not making any false or fraudulent purchases. If there is reason to believe that such a purchase has been made, it may be canceled, and the relevant authorities will be informed.
• Providing true and lawful contact information, such as email address, postal address, and/or other data (see Legal Notice and General Terms of Use).

The User declares to be at least 18 years old and to have the legal capacity to enter into contracts via this Website.

The Website is primarily aimed at Users residing in Spain. Fitago does not guarantee that the Website complies with laws in other countries, either in whole or in part. Fitago declines any liability that may arise from such access, nor does it guarantee shipping or service delivery outside of Spain.

The User may formalize the purchase agreement with Fitago for the desired products and/or services in any of the languages in which these Terms are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users who are duly registered may purchase from the Website by the means and methods established. They must follow the online purchase and/or acquisition procedure of www.fitago.es, during which multiple products and/or services may be selected and added to the cart, basket, or final purchase space and, finally, click on "" (confirm purchase).

Additionally, the User must complete and/or verify the information requested at each step. During the purchase process, before making payment, they can modify the purchase details.

Subsequently, the User will receive an email confirming that Fitago has received their order or purchase request, i.e., the order confirmation. They will also be notified via email when their purchase is being shipped. If applicable, this information could also be made available to the User through their personal connection space on the Website.

Once the purchase procedure is complete, the User consents to the Website generating an electronic invoice which will be sent to the User via email and, if applicable, through their personal connection space on the Website. The User can also obtain a paper copy of the invoice upon request by contacting Fitago through the Website’s contact spaces or using the contact details provided above.

The User acknowledges being aware, at the time of purchase, of specific sales conditions concerning the relevant product and/or service, which are displayed alongside the presentation or, where appropriate, the image of the product on the Website page, indicating, for example, the name, price, components, weight, quantity, color, product details, or characteristics, the mode and/or cost of service delivery; and acknowledges that the order materializes full and complete acceptance of the specific sales conditions applicable in each case.

The communications, purchase orders, and payments involved in transactions on the Website may be stored and preserved in Fitago’s computerized records to constitute proof of transactions, under reasonable security conditions and in compliance with applicable laws and regulations, particularly regarding Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 concerning data protection (GDPR) and Law 3/2018 of December 5, concerning Personal Data Protection and Digital Rights Guarantees, as well as the rights granted to Users under the Website’s privacy policy.

Unless explicitly stated otherwise, Fitago is not the manufacturer of the products sold or that may be marketed on the Website. While Fitago makes significant efforts to ensure the information displayed on the Website is accurate, the packaging and/or materials and/or components of products may occasionally contain additional or different information from what appears on the Website. Therefore, the User must not only consider the information provided on the Website but also the information available on the product's labeling, warnings, and/or instructions.

The User acknowledges that Fitago provides a selection of services for their interest that Fitago itself does not directly provide but will be contracted and provided by a third party.

4. AVAILABILITY

All purchase orders received by Fitago through the Website are subject to the availability of the products and/or any circumstances or causes of force majeure (clause nine of these Terms) that affect their supply and/or the provision of services. Should there be difficulties with product supply or if no products remain in stock, Fitago agrees to contact the User and reimburse any amount paid. This also applies if the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€), and include taxes unless otherwise required by law, particularly regarding VAT.

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

Nonetheless, unless otherwise specified, the prices of the items offered do not include shipping costs, which may be added to the total amount due when the User processes the shipping procedure, where the User will review available shipping methods and costs and freely choose the one that suits them best.

In no case will the Website automatically add additional costs to the price of a product or service but only those that the User has voluntarily selected.

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 the first paragraph of clause three.

The accepted payment methods are: 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 on the Website. Thus, the Website uses an SSL (Secure Socket Layer) secure payment system.

Credit cards are subject to checks and authorizations by the issuing bank, and if the entity does not authorize payment, Fitago will not be liable for any delays or failure to deliver and will be unable 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 appropriate card to ensure sufficient funds to complete the transaction. The charge on the card will occur when the User is sent the shipping confirmation and/or confirmation of the provided service in the form and, if applicable, location established.

If PayPal, gift card, or store credit card is used as a payment method, the charge will be made when Fitago sends a purchase confirmation to the User.

In all cases, by clicking on "Place Order," the User confirms that the payment method used is theirs, or that they are the legitimate holder of the gift card or store credit card.

 6. DELIVERY

For cases where physical delivery of the contracted goods is required, deliveries will take place within the following regions: Spain (mainland and Balearic Islands), Spain (mainland, Balearic Islands, Canary Islands, Ceuta, and Melilla), Spain (mainland and Balearic Islands), European Union, Rest of Europe, or Worldwide.

Except for unforeseen or extraordinary circumstances, or instances requiring product customization, the order consisting of products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website, as per the shipping method selected by the User, and in any case, within a maximum of 30 calendar days from the date of order confirmation.

If Fitago is unable to meet the delivery date due to a reason attributable to them, they will contact the User to inform them of this situation. The User may then choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the amount paid. In all cases, 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 courier will leave a note explaining the location of the order and how to arrange for its redelivery.

If the User will not be at the delivery location during the agreed delivery window, they should contact the courier to reschedule delivery.

If 30 days have passed since the order was available for delivery without it being delivered for reasons not attributable to Fitago, Fitago will assume that the User wishes to withdraw from the contract, and it will be considered resolved. Consequently, all payments received from the User will be returned, except for additional charges arising from the User's choice of a delivery mode other than the least expensive standard delivery offered on the Website, without undue delay, and in any case, within a maximum of 14 calendar days from the contract resolution date.

Users should note that transportation costs incurred due to the contract’s resolution may be charged to them.

For the purposes of these Terms, delivery will be understood to have taken place when the User or a third party indicated by the User gains physical possession of the products, as evidenced by signing for receipt of the order at the agreed delivery address.

The risks associated with the products will be the User's responsibility from the time of delivery. Ownership of the products transfers to the User when Fitago receives full payment of all amounts due for the purchase, including shipping costs, or upon delivery, if it occurs after Fitago receives the payment in full.

In compliance with Spanish law (Law 37/1992), purchase orders will be subject to Spanish VAT if the delivery address is within Spanish territory (excluding Canary Islands, Ceuta, and Melilla). The applicable VAT rate will be the current legal rate for the specific item.

Similarly, under the VAT Directive 2006/112/EC, for deliveries to EU member states, VAT will be applied based on the rate in the destination member state.

For orders to the Canary Islands, Ceuta, and Melilla, deliveries will be VAT-exempt under Spanish law and EU VAT Directive 2006/112/EC, although applicable local taxes and customs duties may apply according to each region's regulations. The User should be aware that customs duties and taxes may apply in these areas, and these may be borne by the User.

For other locations, applicable regulations at the time of delivery will apply; users should be aware that destination taxes and customs duties may apply, and these may be the User's responsibility. For more information, the User should contact the customs office at the destination.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

Users are informed that if an error occurs while entering data necessary to process their purchase request on the Website, they can modify it by contacting Fitago through the contact options available on the Website, or by contacting customer service as described in clause one (General Information). Users may also correct errors via their personal account on the Website.

In any case, before clicking "Place Order," the User has access to the cart where their purchase requests are recorded and can make changes.

Users are referred to the Legal Notice, General Terms of Use, and Privacy Policy for further information on how to exercise their right to rectification as established by Regulation (EU) 2016/679 and Spain's Organic Law 3/2018 on Data Protection and Digital Rights Guarantees.

8. RETURNS

Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from the purchase within 14 calendar days without providing any justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them (other than the carrier) takes possession of the goods purchased on the Fitago Website, or, in the case of separate delivery of goods, 14 calendar days from the day the User or a third party authorized by them (other than the carrier) takes possession of the last of those goods that form part of the same purchase order. In the case of a service contract, the 14-day period will start from the day the contract is concluded.

To exercise this right of withdrawal, the User must notify their decision to Fitago. They can do so through the contact spaces available on the Website.

The User, regardless of the medium chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. The User may use the withdrawal form provided by Fitago, attached as part of these Terms, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient that the communication expressing the decision to withdraw is sent before the deadline expires.

In case of withdrawal, Fitago will refund the User all payments received, including standard shipping costs (except for additional costs incurred by the User for choosing a shipping method other than the least expensive option offered on the Website), without undue delay and, in any case, within 14 calendar days from the date Fitago is informed of the decision to withdraw by the User.

Fitago will refund the User using the same payment method used for the initial transaction. This refund will incur no extra cost to the User. However, Fitago may withhold the refund until the goods have been received or until the User provides proof of their return, whichever occurs first.

The User may return or send the products to Fitago at: Calle la Chanca, Number 11, 11380 Tarifa (Cádiz), and must do so without undue delay and, in any case, no later than 14 calendar days from the day Fitago was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning the goods (e.g., transport, delivery), if applicable. Additionally, the User 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.

The User also acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of 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. For example, this applies to: personalized products; products that deteriorate or expire quickly; music or video CDs/DVDs that have been unsealed, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery; and the supply of digital content without a physical medium.

Similarly, a service provided by the User through this Website is governed by this law, which stipulates that the right of withdrawal will not apply when the service has been fully executed or has begun with the express consent of the consumer, who acknowledges that once the contract has been fully executed, they lose the right of withdrawal.

In any case, no refund will be made if the product has been used beyond simple opening, if the product is not in the same condition as when it was delivered, or if it has been damaged after delivery.

Furthermore, products should be returned using or including all their original packaging, instructions, and any accompanying documents, along with a copy of the purchase invoice.

The Withdrawal Form can be downloaded from the following link: https://www.fitago.es/devoluciones

Return of Defective Products or Shipping Errors
This applies to cases where the User believes that, upon delivery, the product does not comply with the contract or purchase order. The User must immediately contact Fitago and notify them of the discrepancy (defect/error) through the same communication methods or using the contact details provided earlier (Right of Withdrawal).

The User will then be informed of how to return the products, which will be examined once returned, and the User will be informed within a reasonable period of whether a refund or replacement is applicable.

The refund or replacement will be processed as soon as possible and, in any case, within 14 days from the date the User receives confirmation via email that a refund or replacement of the non-compliant item is warranted.

The amount paid for products returned due to a defect, where a genuine defect exists, will be fully refunded, including delivery costs and any expenses the User may have incurred in returning the product. The refund will be made through the same payment method used by the User for the purchase.

In any case, the rights recognized by applicable legislation will always apply to the User as a consumer and user.

Warranties
The User, as a consumer and user, benefits from warranties on products purchased through this Website, under the legally established terms for each product type. Therefore, Fitago is responsible for any lack of conformity that becomes apparent within three years from the product's delivery.

In this regard, products are considered compliant with the contract as long as they: match the description made by Fitago and possess the qualities presented in that description; are suitable for the ordinary uses of products of the same type; and display the usual quality and performance expected from such products. If this is not the case with the products delivered to the User, they must proceed as described in the Return of Defective Products section. However, some products sold on the Website may exhibit non-homogeneous characteristics, provided these are due to the type of material used in their manufacture, which forms part of the individual appearance of the product and is not a defect.

In cases where the User purchases a product from a third-party brand or manufacturer on the Website, and the product is found defective, the User also has the option of contacting the brand or manufacturer directly to exercise their legal warranty rights within three years from the delivery of the product. For this, the User must retain all relevant warranty information.

For more information on the After-Sales Service provided by Fitago for Website Users, please consult here:

9. DISCLAIMER OF LIABILITY
Unless otherwise required by law, Fitago will not accept any liability for the following losses, regardless of their origin:

• Any losses not attributable to Fitago’s breach of contract;
• Business losses (including lost profits, revenues, contracts, anticipated savings, data, goodwill, or unnecessary expenses);
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract was formed.

Fitago also limits its liability in the following cases:

• Fitago makes all efforts to ensure a faithful display of products on the Website; however, it is not responsible for minimal differences or inaccuracies due to screen resolution, browser issues, or other technical limitations.
• Fitago will act with the utmost diligence to ensure the transport of the product ordered, but is not liable for damages arising from transport issues, such as strikes, road blockages, or other sector-related delays, losses, or thefts.
• Technical failures or issues preventing normal operation of the service, including unavailability of the Website for maintenance or other reasons.
• Fitago is not responsible for the misuse or wear and tear of products used by the User.
• Fitago is not liable for incorrect returns made by the User. It is the User's responsibility to return the correct product.

In general, Fitago will not be held liable for any failure or delay in fulfilling obligations due to events beyond its reasonable control, such as force majeure, including (but not limited to):

• Strikes, lockouts, or other industrial actions;
• Civil unrest, riots, invasion, terrorist threats or attacks, war (declared or not), or preparations for war;
• Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster;
• Inability to use public or private transport;
• Inability to use public or private telecommunications systems;
• Actions, decrees, legislation, or restrictions by any government or public authority.

In such cases, obligations will be suspended for the duration of the force majeure event, and Fitago will have an extension to meet these obligations equal to the duration of the force majeure event. Fitago will take all reasonable measures to find a solution that allows them to fulfill their obligations despite the force majeure event.

10. 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 consents to use this electronic communication medium and acknowledges that all contracts, notices, information, and other communications sent electronically by Fitago comply with legal requirements for written communication. This does not affect the rights granted by law to the User.

The User can send notifications and/or communicate with Fitago using the contact details provided in these Terms or through the contact spaces on the Website.

Similarly, unless otherwise stated, Fitago may contact and/or notify the User via email or the postal address provided.

11. WAIVER

No waiver by Fitago of any specific right or legal action, nor the failure by Fitago to require strict compliance by the User with any of their obligations, will be construed as a waiver of other rights or actions arising from a contract or these Terms, nor will it relieve the User from fulfilling their obligations.