GENERAL CONDITIONS OF USE
GENERAL INFORMATION
This text contains the legal notice (hereinafter, the “Legal Notice”) that has been drafted in compliance with the Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, with the purpose to rule the access and use of this website https://www.FITNESSNORD.com/ (hereinafter, the “Website”).
CONTACT INFORMATION
The identifying information and contact details of the owner and responsible of the Website are the following:
Welzyn S.L (hereinafter, the “Website Owner”)
Registry information: Inscrita en el Registro Mercantil de Barcelona, tomo 45338, folio 204, hoja B-484681
CIF: B66760307
Domicile: Rambla de Catalunya 20 3º2ª 08007
Email: salg@FITNESSNORD.com
ACCESS AND USE OF THE WEBSITE
The access and use of the Website is subject and therefore will be governed by this Legal Notice, without prejudice of the particular conditions that apply to specific services included on it.
The mere access and use of the Website implies the condition of user (hereinafter, the “User” in singular, and the “Users” in plural) of the Website and implies the acceptance in full and without any reservations by the User, of the whole content of the Legal Notice in the version published in the Website at the moment of access and of all additional documents mentioned in this Legal Notice.
Therefore by accepting the content of the Legal Notice, users also agree to FITNESSNORD Cookies and Privacy Policies, as well as the Participation Agreement after-mentioned, among others.
UPDATE
We reserve the right to modify or update the information displayed in the Website, as well as this Legal Notice, in any moment and without need of prior notice, being the responsibility of the User to review them at the moment of each access or use. The use of the services shall imply the acceptance in the version of the Legal Notice in force at the moment of use or entering into the contract.
OBLIGATIONS OF THE USER
Authenticity of the information
The User declares and undertakes that all the information supplied by him in the course of the use of the Website is true, real, complete, precise and that it is authorised to disclose it.
Compliance with the law
The User undertakes to use the Website in compliance with the binding legislations, this Legal Notice, as well as with the moral principles, the good faith and the public order.
The User undertakes not to use the Website with illegal purposes, contrary to this Legal Notice, or that could harm the rights and interests of the Website Owner or any third parties.
The Website Owner reserves the right to suspend, interrupt, refuse or withdraw the access and/or use of his Website, at anytime and without need of prior notice, to any User that breaches this Legal Notice.
Responsibility of the User
The User shall use the Website and his contents under his only and exclusive responsibility.
The User will be liable for any damage of any nature that the Website Owner may suffer as a consequence, directly or indirectly, of the breach by part of the User of this Legal Notice.
PROPERTY RIGHTS
All the contents in the Website (included, but not limited to databases, trademarks, logos, corporate names, images, drawings, graphics, text files, audio, video and software) are owned by the Website Owner or the Website Owner has been duly authorised to use it, and are protected by the corresponding intellectual property rights.
SPECIFIC TERMS
Specific terms applying to each category of users of the website (sellers, buyers and shipping company) are detailed in the Participation Agreement that must be agreed to before starting using the website (the Participation Agreement in itself can be found under the abovementioned link).
1. Buying goods on the Website
When ordering products on the Site, you are contracting with one or more of the companies that sell goods on the Website ( "Sellers"), which is mediated by us. Information on Vendors will appear when ordering on the Website, and this information will also appear from the order confirmation, which is sent by e-mail.
You are therefore indirectly agreements with each of the Vendors. We stand for the dissemination of the orders, is responsible for the overall delivery of the goods. Each of the Vendors has notified us on behalf of sellers to conduct invoicing, receive payments, receive and handle returns and handle complaints.
These Terms apply to all purchases and deliveries of goods ordered by you on the Website.
2. Specific notice to sellers
Sellers must meet Welzyn minimum Performance Standards (the detail of these standards can be found under the aferomentioned link). Failure to meet these standards may result in Welzyn limiting, restricting, suspending, or downgrading your seller account.
Every seller, buyer and shipping company has to agree to the Participation agreement provided by FITNESSNORD.
CONTENTS OF OTHER WEB SITES
The Website can make available to the Users links to other web sites operated by third parties via technical devices such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the user to access websites others than the Website, or third party websites (hereinafter "Links"). The use of links does not imply the existence of dependence with the Website Owner, unless expressly stated otherwise, nor implies acceptance, endorsement or recommendation by the Website Owner of the content or services they offered, or warranty to the User. Therefore, the User must assess under his responsibility browsing into other websites through these links, leaving the Website Owner exonerated from any liability in connection with the information, data, files, products, services and any kind of material on the pages that are accessed through links.
Similarly, all those links between any website and the Website do not imply by its mere existence, any legal relationship between the Website and the web that incorporates these links, nor the knowledge or acceptance by the Website Owner of its existence and content.
LIMITATIONS OF LIABILITY
To the extent allowed by law, the Website Owner disclaims all liability arising, included but not limited to:
1. Any errors, deletion, delay or failure that may occur in the transmission and operation of the Website, having origin in cases of force majeure or fortuitous (whether internet problems, bugs, telephone failures, hackers, etc.) or that would have been caused by bad faith of the User.
2. Inadequate use that Users may do of the Website or the linked websites, and resulting in an infringement of intellectual property rights and/or industrial, or other civil or criminal offenses.
3. Claims of third parties arising out of the misuse by the User of the Website.
Acts or omissions of third parties, regardless of whether they could maintain any contractual relationship with the Website Owner.
4. Acts or omissions of third parties, regardless of whether they could maintain any contractual relationship with the Website Owner.
5. Access to and use of the Website to content unsuitable as well as sending data by minors without the consent of the parents or guardians, when the law requires so, being the responsibility of the parents or guardians to exercise adequate control over the children in their care to prevent them to access and use content not suitable.
6. Errors, omissions, or outdated content published on the Website.
7. The uncertain, vague, incorrect or incomplete data provided by the User that impedes transmitting the contracted products or services and/or contact the User.
NULL AND VOID
If any provision of these General Conditions is declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or ineffective subsisting in all other respects, the rest of the Legal Notice. Such provision or part thereof affected will be considered as not included, unless it was essential to these Legal Notice, which therefore it should affect in full.
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FITNESSNORD HAVE AGAINST EACH OTHER ARE RESOLVED.
You and FITNESSNORD agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the FITNESSNORD User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
This Legal Notice and all those relationships that may arise between the User and the Website Owner related with the access and use of the Website, will be interpreted and governed in accordance with Spanish Law.
B. Agreement to Arbitrate
You and FITNESSNORD each agree that any and all disputes or claims that have arisen or may arise between you and FITNESSNORD relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to FITNESSNORD's Services, or any products or services sold, offered, or purchased through FITNESSNORD's Services shall be resolved exclusively through final and binding arbitration, rather than in court.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND FITNESSNORD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND FITNESSNORD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and FITNESSNORD's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice").
The Notice to FITNESSNORD should be sent to Welzyn S.L HQ: Rambla de Catalunya 20 3º2ª 08007, Barcelona, Spain . FITNESSNORD will send any Notice to you to the physical address we have on file associated with your FITNESSNORD account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and FITNESSNORD are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or FITNESSNORD may initiate arbitration proceedings.
In the event FITNESSNORD initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your FITNESSNORD account. Any settlement offer made by you or FITNESSNORD shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Spain.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same FITNESSNORD user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the Spanish Law, unless otherwise stated in this Agreement to Arbitrate.
Severability With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against FITNESSNORD prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and FITNESSNORD. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.FITNESSNORD.com at least 30 days before the effective date of the amendments and by providing notice by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
