Regulations of the online store "shop.myover40.com", called hereinafter the "Regulations" define the rules for using the online store, placing orders for goods available in the online store, delivering the ordered goods to the Customer, paying the price of the sale of the Goods by the Customer, the Customer's right to withdraw from the contract and the rules for submitting and considering complaints.
To take full advantage of the benefits offered by the Seller, the Customer should:
have a computer with Internet access;
have an active email account;
enable pop-up windows for on-line payment cards.
The Seller is not liable for any disruptions, including interruptions, in the functioning of the Online Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
II. GLOSARRY
Seller:
Profi Fitness Espania C/ Petirrojo 12A Las Palamas de Gran Canaria 35018 CIF: B76271097
Customer - the Customer is an adult natural person, legal person or organizational unit without legal personality, capable of performing legal actions, which orders and purchases Goods in the Online Store, under the conditions specified in the Regulations, with the condition for making orders and acquiring The Customer shall have an Account on the shop.myover40.com website.
Website - the website shop.myover40.com through which the Customer places and the Seller accepts an order for the Goods offered in the Online Store.
Goods - The goods are products offered by the Seller in the Online Store, and the Seller conducts retail sales.
Internet Account - A database containing customer data used to execute orders placed in the Online Store.
Sales Agreement - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the parties.
Order - the customer's declaration of intent, aimed directly after a sales contract, specifying, in particular, the type and quantity of the Goods.
III. RULES OF USING THE ONLINE STORE
The customer may place orders in the online store sho.pmyover40.com after accepting the general terms of use and privacy policy and these Regulations, which are also available to the customer before registering at the address in the footer of the page. When making purchases, a user account is created automatically. Obtaining a login is possible already when placing the first order, during which the customer can fill in the form. Then the Customer may suggest his login, which, after registration, with a password, will be sent by the Seller to the Customer's email address.
The Online Store Online Shopping may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store's resources, with immediate effect, when the customer:
during registration in the Online Store provided false, inaccurate data or out of date, misleading the seller or infringing the rights of third parties;
has committed a breach of third parties via the Online Store, in particular, the personal rights of other customers of the Online Store;
has committed other behaviors that are inconsistent with generally applicable law or general principles of using the Internet or harming the good name of the Online Shopping Online Store.
A person who, for the reasons indicated above, has been deprived of the right to use the Online Store may not re-register without the prior consent of the Online Store Online Purchase. In order to ensure the security of the transmission of messages and data processed in connection with the services provided as part of the Online Store website, we take the necessary technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent by unauthorized persons online.
IV. INFORMATION ON GOODS
Information about the Goods available in the assortment of the Online Store constitutes an invitation to conclude a contract.
The prices of products indicated on the website of the Online Store are given in EURO. The price does not include VAT because shop.myover40.com is registered in the Canary Islands, which operate in the European space, but not in the VAT area.
The seller reserves the right to make changes to the prices of goods on an ongoing basis and to carry out and cancel all kinds of promotional campaigns and sales. The right referred to in the previous sentence does not affect orders placed before the effective date of the price change, promotional campaign conditions or sales.
The Seller reserves the right to change the product to another, full-value product of the same quality and price.
V. CONDITIONS OF ORDER COMPLETION
Orders from customers are accepted by the Seller 7 days a week, on the website of the Online Store.
To place an order:
select the goods that are the subject of the contract, and then click the "Add to cart" button (or equivalent);
choose the method of payment and delivery of the goods;
enter the details of the recipient of the order, the address to which the goods are to be delivered and, to speed up the order, the telephone number to contact the courier;
enter the invoice data, if different from the data for collecting the order, if the Customer is to be issued an invoice to complete the order;
pay for the ordered goods.
Upon acceptance of the order on the website shop.myover40.com, the Customer may choose the following forms of payment for the purchases made, that is:
on-line payment card - via the Stripe system it is possible to pay with Visa, Visa Electron, MasterCard, Maestro cards, MasterCard Electronic;
using the PayPal payment system on the terms specified by this operator on the website: www.paypal.com.
If it is possible to process the order, the Seller will send a confirmation of the order acceptance to the Customer's email address indicated in his Internet Account. The sales contract is concluded when the Customer receives an e-mail confirming the acceptance of the order.
In the event of a lack of the ordered Goods or when the ordered Goods are temporarily unavailable, the Seller will inform the Customer about this fact to the e-mail address provided by him. In a situation where the Customer does not consent to the implementation of the Order in a different form (in particular, the replacement of the Goods with a similar one with similar properties and price), the Order will be canceled or if the Customer agrees, less the missing Goods.
In a situation where the Customer selects an alternative product proposed by the Seller, the sales contract is concluded when the Customer receives an e-mail about the acceptance of the changed order for execution.
VI. DELIVERY OF GOODS
The goods are delivered via An Post
Orders are processed and shipped within 3 working days after placing an order in the Online Store.
Customers can access these Regulations at any time via the link on the homepage of shop.myover40.com and print it out.
Delivery costs are specified in detail in the Online Shopping - Payment and Delivery tab.
The goods are delivered to the customer's address indicated in the order form. The customer may not require the seller to deliver the parcel to a different address.
The supplier of the products purchased by the Customer is the internal supplier of Online Shopping. The ordered goods are carefully packed in cardboard or disposable packages.
The Seller has no influence on the exact time of delivery.
The preparation of the order is understood as the completion and packing of the ordered Goods by the Seller to deliver them to the Customer. Orders will be prepared within 3 working days. The time for preparing the order is counted from the moment of concluding the sales contract, and in the case of concluding this contract on the day preceding the holiday, the time to prepare the order is counted from the beginning of the next business day.
The Seller does not prepare orders on public holidays per applicable regulations.
The Seller shall not be liable for failure to deliver the Goods or delay in the delivery of the ordered Goods and thus the implementation of the order, resulting from force majeure, the absence of a person authorized to collect the order at the indicated address despite the telephone agreement and incorrectly provided by the Customer or inaccurate delivery address and in if it is not possible to contact the Customer at the e-mail address or telephone number provided.
The invoice will be delivered together with the order if the Customer requests the receipt of an invoice by selecting the appropriate option in the order form.
VII. TERMS AND CONDITIONS FOR COMPLAINTS AND RETURN OF GOODS
The Online Shop Online Shopping as the seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, in particular in art. 556 and art. 556 [1] -556 [3] and subsequent of the Civil Code.
Complaints arising from the violation of statutory rights or under these Regulations should be sent via e-mail to the following address myover40@gmial.com.
In the case of exercising the rights under the warranty, if we deem it necessary to consider the complaint, you are obliged to return the defective goods. All costs related to the return of the goods are borne by the Seller.
The Seller undertakes to respond to each complaint immediately, not later than within 14 days from the date of its submission.
The rules for considering the Customer's complaint are defined by the applicable provisions of the Civil Code (Article 556 et seq.) And other applicable laws in this regard.
VIII. EXTRAJUDICIAL METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS
We would like to inform you that there are possibilities of using out-of-court methods of dealing with complaints and redress. Their use is voluntary and may only take place if both parties to the dispute agree to it.
The consumer may request the initiation of proceedings regarding the out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, per art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
The consumer may also apply for a dispute regarding the concluded Sales Agreement to be examined by a permanent arbitration court operating at the appropriate voivodeship inspectorate of the Trade Inspection, under Art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended).
The European Commission has also made available a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at http://ec.europa.eu/consumers/odr/
IX. WITHDRAWAL FROM THE CONTRACT MUTUAL SETTLEMENTS
The Customer may withdraw from the sales contract without giving a reason by submitting to the Seller an appropriate written statement within 14 (fourteen) days from the date of order completion, i.e. from the date of delivery to the Customer.
To exercise the right to withdraw from the contract, the Customer is obliged to inform about his decision to withdraw from this contract through an unequivocal statement (for example, a letter sent by email).
To meet the deadline to withdraw from the contract, it is sufficient for the Customer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
In the event of withdrawal from the contract by the Buyer, the Seller will refund the money to the Buyer within 14 days of receiving the goods. The seller will make this return in the same way as the original sale transaction (shipping costs are not refundable).
X. FINAL PROVISIONS
Settlement of any disputes arising between Online Shopping and the Customer who is a Consumer will be submitted to the competent courts under the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between Online Shopping and a Customer who is not a Consumer will be submitted to the court having jurisdiction over our seat.
