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GENERAL TERMS AND CONDITIONS
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the supplier of the products, Fitness House Innovation S.L. (hereinafter also the provider), with registered office at Av/Constitució,24, 46136 Museros, (Valencia), N.I.F. B98459225 and e-mail: pedidos@clover-fitness.com, being the owner of the website www.clover-fitness.com, exposes the contractual document that will govern the contracting of products through the website.
And on the other hand, the User - Client (hereinafter the User), registered on the website using a username and password, for which it has full responsibility for use and custody, being responsible for the accuracy of the personal data provided to the provider.
BOTH ACCEPT this document, and implies that the user:
- Has read, understands and comprehends what is set forth herein.
- That he/she is a person of legal age and with sufficient capacity to contract.
- That he/she assumes all the obligations set forth herein.
- That he/she has read and accepts these general conditions of purchase from the moment he/she acquires any product offered.
This document can be printed and stored by the Users.
The provider makes available to them the e-mail address pedidos@clover-fitness.com to raise any questions about these conditions.
The present conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider's website.
The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.
It is advisable to keep a copy of the data contained in the purchased products.
Fitness House Innovation S.L. is not responsible for any loss of data, files or any damage resulting from a failure by the user to back up the data contained in the purchased products such as memory cards.
Fitness House Innovation S.L. is not responsible for any consequences that may result from an improper use of the products for sale on the website.
The civil responsibility of Fitness House Innovation S.L. for the products supplied is limited to the amount of the same, the user renounces to claim any responsibility to the provider for any concept in any case of dissatisfaction of the products purchased on the website www.clover-fitness.com, as well as possible failures, slow access or errors in accessing the website, including loss of data or other information that may exist in the computer or network of the user accessing the website.
Fitness House Innovation S.L. is a company specialized in the distance selling of SPORTS products. Fitness House Innovation S.L. sells its products remotely over the Internet through its website and/or by phone. Fitness House Innovation S.L. has a physical store in Avda. Constitució 24, Museros (Valencia) for the sale of products.
2. OBJECT OF THE CONTRACT:
2.1 Scope: The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at the time the user accepts these conditions of purchase during the online contracting process by checking the appropriate box. These GTC shall apply from the day the order is placed.
The contractual relationship of purchase and sale involves the delivery, in exchange for a certain price and publicly displayed through the website, of a specific product.
2.2 Territory of application: The online store of www.clover-fitness.com is active for all of Spain.
2.3 Capacity to contract: In order to place an order you must be of legal age and have the capacity to contract.
2.4 Acceptance of the customer: The validation of an order through the web www.clover-fitness.com is done by email and also implies automatic acceptance of the GTC. These conditions are available on the website www.clover-fitness.com or, if you wish and request, we can make it available by email.
2.5. Modification of the General Terms and Conditions: Fitness House Innovation S.L. reserves the right to make changes and / or modifications to these GTC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date the order was placed will apply.
3. INFORMATION PROVIDED ON THE WEBSITE www.clover-fitness.com:
3.1 Publication of prices: Exceptionally the prices of the products shown on our website may be specified erroneously and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will immediately contact you in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you may cancel your order and we will refund any amount you have already paid.
3.2 Product Information: Information contained in our advertising, brochures, other written material, on our website or provided by our agents or employees constitutes an invitation to deal. Such information does not constitute an offer to supply any product by us.
The contents of www.clover-fitness.com are constantly being renewed and updated to provide our customers with the most complete and detailed information possible. Because of this, it is possible that the contents may show, on exceptional occasions, information of a provisional nature on some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on his part.
All contractual information on the website is shown in Spanish (Castilian) and communication with customers and users, as well as the formalization of the contract, will be carried out in this language, although, if the customer so wishes, it can be done in another language, always indicating it before starting the contracting procedure.
3.3 Availability of the product/s: There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
1. a) choice of an alternative product, with similar characteristics to the product to be replaced;
2. b) communication of its availability, in case you prefer to wait for the product to be available in the store.
If you decline our suggestions, the order related to these products will be cancelled and you will be refunded any sum you have paid for them.
3.4 Right of Cancellation: Fitness House Innovation S.L. reserves this action (right of cancellation) of the shipment of a particular product that does not meet the quality requirements imposed on all products of www.clover-fitness.com. In the event that this lack of quality is detected, Fitness House Innovation S.L. Customer Service will suggest a replacement product and, if the replacement is not to the customer's liking, we will proceed to refund the cost of the product.
3.5 Orders 24 hours a day, every day of the year: The schedule for receiving orders is twenty-four (24) hours three hundred and sixty-five (365) days a year, although orders placed after nineteen (19) hours will not be processed until the next business day in Museros. Orders received during the weekend will be processed first thing the following Monday, or first business day.
3.6 Fraud: If Fitness House Innovation S.L. suspects or detects any anomaly or fraud, we reserve the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
In order to access the products offered by the provider, the user must register through the website by creating a user account. To do this, the user must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current legislation on data protection, Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Organic Law 15/1999 of December 13 (LOPD) on the protection of personal data and the Royal Decree 1720/2007, implementing the LOPD, detailed in the Legal Notice and Privacy Policy of this website.
The user will select a user name and password, undertaking to make diligent use of them, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
The user will not be able to choose as user name words that have the purpose of confusing others by identifying him/her as a member of the provider, as well as offensive, insulting expressions and in general, contrary to the law or to the requirements of morality and good customs.
Once the user account has been created, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
Choose the product by clicking on it, and it will be automatically added in the "shopping cart".
If you wish to add more products, you must select the option "Continue shopping". If by mistake you have added a product that you do not want, click on the option to remove it from the shopping cart. In the shopping cart you will see the items, the quantity, the price and the total amount. Once all the products have been chosen, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
Once you have chosen the product(s), you must click on the finalize tab to place the order. When you click on this option, the confirmation of the purchase will appear (summary of the order placed, your data and chosen payment method).
The user will be asked to register to be able to make the purchase (this registration is free), in which a data collection form must be completed (in which you will have to accept the Privacy Policy and Legal Notice (and link both)). Once you have completed the form, you will receive an e-mail confirming your registration at the indicated e-mail address. If you are already registered, you can access your data by clicking on the registered user button.
Please check the spam and junk mail controls in your e-mail inbox and always verify that the contact details you provide are correct.
Once you have registered, you will see a remarks screen, where you can indicate the delivery schedule; a check box that you must tick as it is the acceptance of these General Terms and Conditions and the Privacy Policy.
To finalize the process, you must click on the Finish button.
In any case, the provider's contracting platform will inform the user, once the contracting procedure has been completed, via email regarding all the characteristics, price, forms of transport, contracting date and estimated delivery of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must notify it immediately to the e-mail address that will appear in the web to proceed to the correction of this error.
If you have any doubt you can contact our customer service through any of the methods provided on the website www.clover-fitness.com.
Fitness House Innovation S.L. will provide Customer Service for FREE through our contact email pedidos@clover-fitness.com, if you choose an alternative means of communication, the user will be responsible for the particular cost of it.
Fitness House Innovation S.L. provides you with telephone numbers in Spain subject to the cost of your telephone operator.
PURCHASE AS A GUEST
This website also allows the purchase through the guest purchase functionality. In this mode of purchase, you will be asked only the essential data to process your order. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
5. SHIPPING:
Shipments will be made through the Company Seur, whose Customer Service telephone number is 902 10 10 10 10 . The shipping costs will be applied as follows:
The delivery time is usually between 1-2 working days, depending on the destination town and the chosen payment method. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
Provider shall not assume any responsibility when the delivery of the product or service does not take place because the information provided by the user is false, inaccurate or incomplete.
Delivery shall be deemed to have been made when the carrier has placed the products at the disposal of the User and the User, or the User's delegate, has signed the delivery receipt document.
It is up to the User to verify the products upon receipt and to expose all the qualifications and claims that may be justified in the document of receipt of the delivery.
In the event that the hiring does not involve the physical delivery of any product, being these directly downloaded from the website, the provider will previously inform the user regarding the procedure to follow to perform this download.
The Seller assumes no responsibility when the delivery of the Product does not take place as a result of false, inaccurate or incomplete data or when the delivery cannot take place for reasons beyond the Seller's control such as the absence of the addressee or retention of the shipment in customs. In any case, this delay shall not entail the obligation to compensate any amount.
6. PRICES AND TERMS OF VALIDITY OF THE OFFERS:
All prices displayed in the store www.clover-fitness.com include VAT in force at the time of purchase. All prices shown on the website are valid except for typographical errors or end of stock and in any case will be expressed in Euro currency (€). These costs, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased. (VALUE ADDED TAX: In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of products or services shall be deemed located in the territory of application of Spanish VAT if the delivery address is in Spanish territory.
The payment made to the provider will entail the issuance of an invoice in the name of the registered user. This invoice will be automatically sent to the e-mail address provided by the user, as well as sent together with the purchased product.
The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the last phase of the same. The customer assumes that, in any case, the economic valuation of some of the products may vary in real time. In any case this will always be previously communicated to the users.
In the cases of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.
The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will be used to determine whether or not the order is subject to promotion.
For any information regarding the order, the User may contact the PROVIDER's customer service telephone number or via e-mail to the address provided.
7. PAYMENT METHODS:
Below we detail the available systems:
7.1 Payment by credit or debit card: The User must have a valid credit or debit card, where he/she must specify all the digits of the card number in the corresponding form. The operation is formalized at the moment of placing the order. Only secure card payments are accepted in which your identity as the card holder is authenticated according to the method established by your bank, through secure electronic commerce. The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.
We use the system called SSL (Secure Sockets Layer), payment system in a secure environment as it allows the encryption of the information transmitted during the transaction, ensuring the confidentiality of the same.
7.2 Cash on delivery: The cash on delivery method of payment is upon delivery of the order, when the transport company delivers the package you will have to have the amount of the order ready to make the payment of the same, if not, the recipient must travel to pick up your order at the Company, as well as after 2 absent at the delivery address. The delivery of the orders will only be made at the address provided by the customer when placing the order.
7.3 Payment by transfer or deposit to account: At the time of finalizing the order the user will receive the instructions with the account number to pay the order. It is essential to clearly indicate the assigned order number and the user's name in the transfer order. In order to confirm the order it will be necessary to make the same within 7 days, otherwise it will be canceled in our system.
7.4 PayPal or other platforms: Once the purchase is completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with the summary of your purchase. By clicking the "Back to website" button you will return to the website to view and print your order. PayPal has its own privacy policies and Fitness House Innovation S.L. is not responsible for them.
8. DELIVERY OF ORDERS:
8.1 Shipping Address: delivery of orders will be made at the delivery address freely designated by the user. In such a way, the provider assumes no responsibility for when the delivery of the product does not take place as a result of the data provided by the user are false, inaccurate or incomplete or when the delivery can not be made for reasons beyond the shipping company, assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during normal working hours.
Notwithstanding the foregoing, the provider has taken the measures required of a diligent merchant so that delivery can be made in the agreed time, so that no liability can be imputed against the provider.
Free deliveries are only made to destinations in mainland Spain and the Balearic Islands. For the Canary Islands, Ceuta and Melilla there is an increase.
Fitness House Innovation S.L. will do everything in its power to ensure that your order is delivered within the period shown on our website at the date of issuance of the order confirmation.
8.2 Delivery times: correspond to those set out in the product description of each product. In the case of products not available at the time of purchase, our Customer Service can provide you with information on availability and a delivery time.
If you have ordered several products in the same order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that in case of unavailability of any of the references at the time of shipment, you have the right to cancel the order at any time before shipment by contacting our Customer Service through the following email address: pedidos@clover-fitness.com indicating the order number.
8.3 Confirmation of shipment: Upon delivery of the order to our carrier we will send you confirmation of shipment to the email address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it through the website of our carrier.
8.4 Damage on delivery: The products are checked in the warehouse before leaving, and are delivered in secure packaging. If at the moment of the delivery it is appreciated in a visible way, that the box or the product has defects caused by damages caused by the transport or it is appreciated, in the same way, an error in the received merchandise, the client must detail this fact in the "proof of delivery that signs to the carrier" and contact with our Customer Service line 960032879 or to the email "incidencias@clover-fitness.com" within the 24h following the reception of the merchandise.
A proof of delivery without any evidence of damage is equivalent to a product with the packaging in perfect condition. Likewise, if damage is detected on the product once the package is opened while the packaging is in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line 960032879 or email "incidencias@clover-fitness.com". After 24 hours of delivery no claims for damage to the product will be accepted.
9. RETURNS AND EXCHANGES
For exchange, cancellation or return of your order contact incidencias@clover-fitness.com we will help you and indicate how to do it.
Returns
In accordance with the 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 Law 7/1996 of Retail Trade, if for any reason you are not satisfied with your order, you have the right to cancel the purchase within 14 days. This means that you can voluntarily return your product within 14 calendar days of receipt. This right can be exercised on one of the products, on several products, or on the entire order.
You must notify it by email to incidencias@clover-fitness.com indicating full name and order number, our incident manager will indicate the corresponding procedure and will send you the relevant document of withdrawal, which you will have to send along with the product.
For the return of the product, we recommend that it is done by the same transport agency with which it arrived. The refund will be made in the same way as the payment, minus the shipping costs.
To return a product you must know that:
The product must be in perfect condition and in its original packaging.
The product(s) must not have been assembled, tested, fiddled with, etc...
Clover-fitness cannot be held responsible for incorrect assembly by the customer. This means that if a customer receives the components to assemble a product and it is not assembled with care or with the appropriate tools, the components may be rubbed, over-tightened or worn. Being the responsibility of the customer a bad assembly of the same, not producing in this case the return / dismissal of the same.
The outlet products are new, either with damaged packaging, or having been assembled and disassembled for various reasons, exhibition, product testing, advertising, ... being in perfect condition without defects.
In case of reconditioned products or with some tare or damage will be indicated in the description as a product of balance, indicating the tare / defect in question.
10. REFUNDS:
Fitness House Innovation S.L. will not refund the amount or make any reshipment of merchandise until we have verified the receipt and condition of packaging and accessories of the product being returned or exchanged in our warehouse.
The refund will be made within 15 working days from receipt and verification of the conditions of receipt of the shipment. The maximum term to make the payment is one month. To proceed with the refund you must provide us with the following information:
- IBAN + 20 digits of your bank account.
11. GUARANTEE
The Royal Legislative Decree 1/2007 of November 16 gives goods of a durable nature a legal guarantee of 2 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
Deficiencies caused by negligence, blows, use or improper handling are not included.
For the processing of the same one it will be due to contact via telephone or by mail to incidencias@clover-fitness.com.
If you have any doubt or clarification, please contact us.
12. ONLINE DISPUTE RESOLUTION (ONLINE DISPUTE RESOLUTION)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
13. NULLITY AND INEFFECTIVENESS OF THE CLAUSES:
If any clause included in these General Conditions were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, with the General Conditions subsisting in all other respects, and such provision, or the part thereof that is affected, being deemed not to have been included.
14. APPLICABLE LAW AND JURISDICTION:
These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of products or services under these Conditions, to the Courts and Tribunals of the domicile of the provider (if a legal entity) or the user (if an individual).
In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of Barcelona (Spain).
15. COMMENTS AND SUGGESTIONS:
Your comments and suggestions are welcome. Please send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by calling our Customer Service telephone number 960032879 or through our contact form.