Terms of service

01. PARTIES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE:

(hereinafter also the General Terms and Conditions or GTCs):

On the one hand, the supplier of the mounts, GIMADD FITNESS, S.L., trading under the name GIMADD (hereinafter also the provider), with registered office at C/ Ruiseñor 22, 03190, Pilar de la Horadada, Alicante, Tax ID No. B16894347, customer service telephone numbers +34 622 526 774 – +34 697 944 429, and e-mail: info@gimadd.com, owner of the website www.gimadd.com, sets out this contractual document which will govern the purchase of the mount through the aforementioned website.

And on the other hand, the Business Client, registered on the website with a username and password, for which it has full responsibility for use and safekeeping, and which is responsible for the accuracy of the personal data provided to the provider.

BOTH accept this document, which implies that the client:

  1. Has read, understands and comprehends what is set out herein.
  2. Has sufficient legal capacity to contract.
  3. Assumes all the obligations set forth herein.
  4. Has read and accepts these general terms and conditions of sale from the moment they purchase any product offered.

This document may be printed and stored by Clients.

The provider makes the e-mail address info@gimadd.com available to Clients so that they may raise any questions regarding these conditions.

These conditions will remain valid indefinitely and will apply to all contracts entered into through the provider’s website www.gimadd.com.

The provider reserves the right to unilaterally modify these General Terms and Conditions, without such modification affecting goods or promotions purchased prior to the change, in order to improve the products offered. In any case, these general conditions must be consulted before purchasing the products.

It is advisable that you keep a copy of the data contained in the products purchased.[

GIMADD accepts no liability for any consequences that may result from improper use of the products offered for sale on the website.

The civil liability of GIMADD for the products supplied is limited to the amount of the same; the Business Client waives any claim for liability against GIMADD on any grounds in any case of dissatisfaction with the products purchased on the website www.gimadd.com.

GIMADD sells the mobile phone mount for Gimadd fitness machines. These are sold remotely over the Internet through its website.

02. Purpose of the Contract:

2.1 Scope of application: The purpose of this contract is to regulate the legal and financial conditions of the purchase and sale relationship established between the provider and the client at the time the latter accepts these purchase conditions during the online contracting process by ticking the corresponding box. These GTCs will apply from the day the order is placed or a free sample is requested and the Business Client accepts these conditions by clicking on the box “I accept the general terms and conditions of sale” at the time indicated during the purchase process.

The contractual sales relationship entails the delivery of a specific product in exchange for a set price that is publicly displayed on the website.

2.2 Territorial scope: The online store for purchasing mounts at www.gimadd.com is active worldwide.

The free sample trial option is only available for mainland Spain.

2.3 Capacity to contract: To be able to place an order you must have the legal capacity to contract.

2.4 Order validation: Order validation through the website www.gimadd.com is carried out by e-mail and also implies automatic acceptance of the GTCs. These conditions are available on the website www.gimadd.com or, if you wish and request it, we can make them available to you by e-mail.

2.5. Amendment of the General Terms and Conditions of Contract: GIMADD reserves the right to make changes and/or modifications to these GTCs. We recommend that our clients review them regularly. If such changes or modifications are introduced after an order has been placed, the conditions in force on the date on which the order was placed will apply.

03. INFORMATION PROVIDED ON THE WEBSITE www.gimadd.com:

3.1 Price publication: The prices of the products and the applicable discount according to the quantity purchased are those shown on our website www.gimadd.com.

3.2 Information on contracting the free sample: For the Business Client to contract this initial option, they must register using the form. Initial registration entitles the Business Client to a period of fifteen (15) days to determine whether the product is suitable for their gym’s facilities and, if interested in the product, to determine how many mounts of each type are needed in a gym to make it “MOBILE FRIENDLY”. Once this trial period has elapsed:

  • If the Business Client does not wish to continue using our product, they must have the package ready and packed in its original box and in perfect condition so that we can collect it.
  • If the Business Client is satisfied with the product, they may:
    • Contact GIMADD and pay for the sample mounts provided for the trial and keep them.
    • Contact GIMADD and place an order for more products, which will include payment for the sample mounts.
  • If we do not receive any notification from the client who requested the sample, we will understand that they do not want the product and, after 15 days, a Correos courier will automatically be sent to collect the product.

If you decide to contract the 15-day trial period, you will be provided with one (1) mount for flat surfaces, one (1) mount for circular surfaces and one (1) plate for wall mounting.

3.3 Product information: The information contained in our advertising, brochures, other written material, on our website or provided to you constitutes an invitation to make a purchase. The contents of www.gimadd.com are constantly being updated and renewed in order to offer our clients the most complete and detailed information possible. All contractual information on www.gimadd.com is displayed in Spanish (Castilian) and communication with clients and Business Clients, as well as the execution of the contract, will be carried out in this language; however, if the client so wishes, it may be done in another language, provided this is indicated before starting the contracting process.

3.4 Product availability:

3.5 Right of Cancellation: GIMADD reserves this right (right of cancellation) to withhold shipment of a specific product that does not meet the quality requirements imposed on all products on www.gimadd.com. If such lack of quality is detected, GIMADD’s Customer Service will inform you of the availability period of the appropriate product and, if this is not satisfactory to the client, the cost of said product will be refunded.

3.6 Orders 24 hours a day, every day of the year: Orders can be placed twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although orders placed after eighteen hundred (18:00) hours will not be processed until the next business day in Alicante. Orders received on Fridays after the indicated time, and on Saturdays and Sundays, will be processed on Monday (or the next business day). Delivery times are detailed in section 5.4 of these conditions.

3.7 Fraud: If GIMADD suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

04. PURCHASE PROCEDURE:

In order for the Business Client to purchase or request a free sample of the products offered by the provider, they must register on the website by creating a user account. To do so, the Business Client must freely and voluntarily provide the personal data requested.

The Business Client will select a username and password, undertaking to use them diligently, not to make them available to third parties, and to inform the provider of their loss or theft or of possible access by an unauthorized third party, so that the provider can proceed to their immediate blocking.

The Business Client may not choose as a username words intended to confuse others by identifying them as a member of the provider, nor expressions that are offensive, insulting or, in general, contrary to the law or to moral standards and good customs.

In accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps:

  1. Once the quantity of product has been chosen, you must click on it, and it will automatically be added to the “shopping cart”.
  2. If you have mistakenly added a quantity that is not the one desired, you must click on the option to remove it from the shopping cart.
  3. Once the product(s) have been selected, you must click on the checkout tab to place the order. By clicking on this option, the purchase confirmation will appear (summary of the order placed, your details and the chosen payment method).
  4. The Business Client’s credentials will be requested in three ways:
    1. Business Client registration: if you are not already a registered user, to be able to make the purchase (registration is free), you must fill in a data collection form (in which you must accept the Privacy Policy). Once this has been completed, you will receive a registration confirmation e-mail at the address you have provided.
    2. If you are already registered and are already a client: you can access your data by clicking on the button for already registered users and entering your username and password.

You must check the spam and junk mail folders of your e-mail inbox and always verify that the contact details you provide are correct.

  1. Once registered, a comments screen will appear, where you can indicate the delivery time; a checkbox that you must tick as it signifies acceptance of these General Terms and Conditions of Contract and the Privacy Policy.
  2. To complete the process, you must click on the Finish button.

In any case, once the contracting procedure has been completed, the provider’s contracting platform will inform the Business Client by e-mail of all the characteristics, price, shipping methods, date of contracting and delivery times of the product purchased.

If there is any type of error in the address indicated or in any other part of the order, you must notify it immediately to the e-mail address shown on the website so that the error can be corrected.

If you have any questions, you can contact our Customer Service through any of the methods provided on the website www.gimadd.com.

GIMADD will provide Customer Service FREE OF CHARGE through our contact e-mail info@gimadd.com; if you choose another alternative means of communication, the Business Client will bear the specific cost of that means.

GIMADD provides you with telephone numbers in Spain subject to the rates of your telephone operator.

05. Shipping:

5.1 Transport company: Shipments will be made through the company Correos, whose Customer Service telephone number is +34 915 197 197.

Shipping of the package with the sample mounts for the trial period is free of charge. After the trial period, if the Business Client is interested in purchasing more product, the shipping prices indicated above will apply.

When the Business Client adds the product to the cart and confirms the shipping address, the system will automatically display the shipping price mentioned above.

5.3 Shipping address: Orders will be delivered to the delivery address freely designated by the Business Client. Therefore, the provider assumes no liability whatsoever when delivery of the product cannot be made as a result of the data provided by the Business Client being false, inaccurate or incomplete, or when delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.

The place of delivery is chosen at the time of purchase.

Orders will be delivered during normal business hours.

Notwithstanding the above, the provider has taken the measures required of a diligent trader so that delivery can be made within the agreed time, and therefore no liability can be attributed to the provider in this regard.

Shipments are made only to mainland Spain, the Canary Islands, the Balearic Islands, Ceuta and Melilla, mainland Portugal, and to Europe and non-European countries.

GIMADD will make every effort to ensure that your order is delivered within the time indicated on our website on the date the order confirmation is issued.

5.4 Delivery times: Delivery time is usually between 3–15 working days depending on the product, the destination location and the payment method chosen. This period is understood to apply once product availability has been confirmed and full payment for the order has been verified. In the case of products that are not available at the time of purchase, our Customer Service can provide you with information on availability.

If you have ordered several products in a single order, please note that they may have different availability dates, in which case you may receive them on different dates. Please note that, if any of the items are not available at the time of shipment, you have the right to cancel the order at any time before it is shipped by contacting our Customer Service at the following e-mail address: info@gimadd.com, indicating the order number.

5.5 Shipping confirmation: When your order is handed over to our carrier, we will send you a shipping confirmation to the e-mail address you provided when placing the order. In the shipping confirmation we will indicate the corresponding tracking number so that you can track it on our carrier’s website.

5.6 Damage on delivery: Products are shipped in secure packaging. If, at the time of delivery, it is visibly and clearly apparent, without the need to handle the shipping packaging or the product’s own packaging, that a product has defects caused by damage in transit or if an error in the goods received is similarly apparent, the client must immediately contact our Customer Service line +34 622 526 774 – +34 697 944 429 or e-mail info@gimadd.com, so that the return of the affected product or products can be arranged and they can be replaced with another in optimal condition or, alternatively, the price paid for them can be refunded (within 14 days using the same means by which the purchase was made), as indicated in that e-mail.

Likewise, if damage to the product is detected once the package has been opened while the packaging is in perfect condition, the consumer and Business Client must inform the seller of the lack of conformity within two months of becoming aware of it, via our Customer Service line +34 622 526 774 – +34 697 944 429 or by e-mail at info@gimadd.com.

06. Prices and validity period of offers:

All prices shown in the www.gimadd.com store do not include the applicable VAT; this will be shown at the time of purchase. All prices listed on the website are valid and are expressed in Euros (€). Unless expressly stated otherwise, such prices do not include shipping costs, handling, packaging, shipping insurance or any other additional services associated with 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, delivery of the products will be deemed to take place in the territory where Spanish VAT applies 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. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.

If the Client is an intra-Community operator, the VAT of their country will apply.

The Business Client will receive the invoice for the order at the e-mail address provided by the Business Client once the purchase has been made.

The prices applicable to each product will be those published on the website and will be applied automatically by the contracting process in its final stage.

In the case of promotions of limited duration, the promotional discount will be applied provided that the order has been registered during the promotion period.

The delivery method is detailed in section 5 of these Conditions.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were carried out and will be used to determine whether or not the order is subject to a promotion.

For any information regarding the order, the Business Client may contact the provider’s customer service telephone number or by e-mail at the address provided.

07. Payment methods:

The following systems are available:

7.1 Stripe: Once the purchase has been completed, if this payment method is chosen, you will be redirected to the official Stripe website where you can make the payment. Once payment has been successfully made, your order will be completed and an e-mail will be sent with a summary of your purchase. By clicking the “Return to website” button you will return to the website to view the order and print it.

Stripe automatically encrypts confidential data using the most advanced technologies available on the market. Stripe has its own privacy policies and GIMADD accepts no responsibility for them.

7.2 Payment by bank transfer or deposit into account: When the order is completed, the Business Client will receive instructions with the account number to which payment should be made. It is essential that the order number assigned and the Business Client’s name are clearly indicated on the transfer order. To confirm the order, the transfer must be made within 7 days; otherwise, it will be cancelled in our system.

7.3 PayPal: Once the purchase has been completed, if this payment method is chosen, you will be redirected to the official PayPal website where you can make the payment. Once payment has been successfully made, your order will be completed and an e-mail will be sent with a summary of your purchase. By clicking the “Return to website” button you will return to the website to view the order and print it.

PayPal automatically encrypts confidential data using the most advanced technologies available on the market. PayPal has its own privacy policies and GIMADD accepts no responsibility for them.

08. Right of withdrawal:

8.1 Right of withdrawal: The Consumer-User has the right to exercise the right of withdrawal and, for this purpose, has a period of 14 calendar days from receipt of the product, without penalty for exercising it; the full amount of the purchase must be refunded to the consumer, i.e. the price of the product plus shipping costs, within 14 days following the exercise of the right of withdrawal by the user/consumer. In this case, the right of withdrawal does not apply and returns are not accepted except in the event of an error in the order (section 8.2 of these conditions) or damage (section 5.6 of these conditions).

8.2 Return due to an error in the order by GIMADD: When the product does not correspond to the order due to an error attributable to the company, the Business Client must notify the company by e-mail as soon as possible; GIMADD will bear the costs of collecting the product sent in error and delivering the correct order.

8.3 Verification of Returns: Verification and inspection of the products subject to return will be carried out by GIMADD which, once they are at its facilities, will verify that they have been received in compliance with all the requirements set out in section 8.1. If any of the elements are missing, we will inform you in writing by e-mail, indicating the missing content.

09. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:

9.1 Warranty: All products offered through the website are completely original, unless otherwise stated in their description.

9.2 Warranty in the event of a defective product: In the event of a defective product, GIMADD must proceed to repair, replace, reduce the price or terminate the contract (as appropriate), and such actions will be free of charge for the Business Client. GIMADD is liable for any lack of conformity that becomes apparent within two years of delivery; the consumer – Business Client must inform GIMADD of the lack of conformity within two months of becoming aware of it.

10. Nullity and ineffectiveness of clauses:

If any clause included in these General Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is null or ineffective, and the General Conditions will remain in force in all other respects, with such provision, or the part thereof that is affected, being deemed not to have been included.

11. ONLINE DISPUTE RESOLUTION (ODR):

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the BUSINESS CLIENT and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

12. Applicable law and jurisdiction:

These conditions will be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. The provider and the Business Client agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the provider’s domicile (if the client is not considered a consumer for the purposes of the Spanish Consolidated Text of the General Law for the Defence of Consumers and Users – TRLGDCU) or of the Business Client’s domicile (if they are considered a consumer for the purposes of the TRLGDCU).

13. APPLICABLE REGULATIONS:

These General Conditions are subject to the provisions of:

European regulations governing e-commerce:

  • Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);
  • Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (E-Commerce Directive).

Spanish regulations: