GENERAL CONDITIONS OF SALE

GENERAL INFORMATION.

The ownership of this website, www.archfitstore.com , (hereinafter Website) is held by: Javier Serrano Pérez, with DNI: 48652910K, and whose contact details are:

Address:

Actor Jose Crespo Street 3, 30002, Murcia, Spain

Contact phone number: 931 273 987

Contact email: info@archfitstore.com

This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website ( www.archfitstore.com ) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that archfitstore.com carries out through the Website includes:

Marketing of sportswear and accessories for men and women. The products we sell are partially transformed before being sold by third parties.

In addition to reading these Conditions, 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 policy of archfitstore.com. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time when the acquisition of products and/or services is requested will be applicable.

For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

THE USER.

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The user assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Use this Website only to make legally valid inquiries and purchases or acquisitions.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Provide true and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. archfitstore.com does not guarantee that the Website complies with the laws of other countries, either in whole or in part. archfitstore.com declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User, at his/her discretion, may formalize with Archfit®️ the contract of sale of the desired products and/or services in any of the languages ​​in which the Conditions are presented on this Website.

PURCHASE PROCESS.

Duly registered Users may purchase on the Website using the established methods and means. They must follow the online purchasing and/or acquisition procedure at www.archfitstore.com , during which various products and/or services may be selected and added to the cart, basket or final purchase space, and then click on: Finalize the order.

In turn, the User must fill out, complete and check the information requested at each step, although, during the purchasing process, before making the payment, the purchase data can be modified.

The User will then receive an email confirming that Archfit® has received their order or purchase request, this message being the order confirmation. If applicable, the User will also be informed by email when their purchase is being shipped. If applicable, this information may be made available to the User through their personal connection space on the Website.

Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User by email and/or through his/her personal connection space on the Website. In turn, the User may, if he/she wishes, obtain a copy of his/her invoice in paper form, by requesting it from Archfit® using the contact spaces on the Website or through the contact details provided above.

The User acknowledges having knowledge, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are displayed next to the service or, where applicable, image on this Website. The following serve as an illustrative example (in no case exhaustive) depending on the case:

• Name.
• Price.
• Components.
• Weight.
• Amount.
• Color.
• Product Details.
• Product Features.
• Method of carrying out the service.
• Cost of the service and/or product.

And acknowledges that placing the purchase order constitutes full and complete acceptance of the particular conditions of sale applicable to each case.

Archfit®, unless otherwise expressly stated, is not the manufacturer of the products sold or that may be marketed on this Website. In any case, Archfit® makes great efforts to ensure that the information displayed on the Website is correct (*the packaging, materials and/or components of the products may contain additional and different information than that which appears on the Website). In any case, the User must take into account the information provided on this Website, as well as the information on the product label, warnings and/or instructions thereof.

Communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in Archfit®'s computerized records in order to constitute a means of proof of the transactions, respecting reasonable security conditions, laws and regulations in force that apply to it (in particular the GDPR and LSSI-CE).

AVAILABILITY.

All purchase orders received by Archfit® through the Website are subject to the availability of the products and/or to the fact that no circumstances or causes of force majeure (clause nine of these Conditions) affect the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or if there are no products in stock , Archfit® undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

PAYMENT METHOD AND PRICES.

The prices shown on the Website are final (except for shipping costs), in euros (€) and including taxes, unless otherwise indicated by legal requirement, especially in relation to VAT.

Shipping costs are included in the final prices when proceeding to pay for the purchase. Thus, Archfit® carries out delivery and/or shipping services through various transport companies.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has freely and voluntarily selected and chosen. Even so, prices may change at any time, but possible changes will not affect orders or purchases with respect to Users who have already received an order confirmation.

Regarding payment methods, these will be: credit or debit card, PayPal, Google Pay and Apple Pay.

Credit cards will be subject to verification and authorization by the issuing bank. If the bank does not authorize payment, Archfit® will not be responsible for any delay or lack of delivery and will not be able to enter into any contract with the User.

Once Archfit® receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, at the established place. In any case, by clicking on “Place order”, the User confirms that the payment method is his/her own and/or that he/she is a legitimate holder of a gift card or credit card.

DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation. If for any reason attributable to Archfit®, it is unable to meet the delivery date, it will contact the User to inform him of this circumstance and the User may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.

If delivery of the order is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location during the agreed time slot, he/she must contact Archfit® to arrange delivery on another day.

In the event that 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to Archfit®, Archfit® will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated. However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to him.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of receipt of the order at the agreed delivery address.

Any risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Archfit® receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by Archfit®.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT 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.

TECHNICAL MEANS TO CORRECT ERRORS.

Users are hereby informed that if they detect that an error has occurred when entering the data required to process their purchase request on the Website, they may modify the data by contacting Archfit® through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or by using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through their personal connection space on the Website.

In any case, before clicking on place the order, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications. Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to gather more information on how to exercise their right of rectification as established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter RGPD), as well as Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter LOPD - GDD).

 

RETURN POLICY. RIGHT OF WITHDRAWAL. WARRANTIES. CANCELLATION.

Product returns will be accepted within the first forty-eight (48) hours, counting from the date of receipt of the merchandise by the customer, and provided that the conditions set forth on this page are met.

In cases where the User purchases products on or through the owner's Website, he or she has a series of rights, as listed and described below:

1. Right of Withdrawal: the User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 30 calendar days without the need for justification. This withdrawal period will expire 30 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Archfit® Website or, in the event that the goods that make up your order are delivered separately, 30 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify archfitstore.com of his/her decision. He/she may do so, where appropriate, through the contact spaces enabled on the Website or through:

Javier Serrano Perez

info@archfitstore.com

+34931273987

Actor Jose Crespo Street 3 2D. Murcia, Murcia (SPAIN), 30002

DNI: 48652910K

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that archfitstore.com makes available to him as an annex to these Conditions, however its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, archfitstore.com will reimburse the User for all payments received, except for shipping costs (also not included are additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which archfitstore.com is informed of the User's decision to withdraw.

archfitstore.com will refund the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, archfitstore.com may retain said refund until it has received the purchased products or items, or until the User presents proof of return of the same, depending on which condition is met first.

The User may return or send the products to archfitstore.com at:

Calle Pinatar 16 (Reference Box)

Murcia, Murcia.(Spain)

CP: 30010

And you must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which archfitstore.com was informed of the decision to withdraw.

The User acknowledges that he/she must bear the direct cost of returning the goods (transport, delivery), if any. In addition, he/she will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November , which approves the text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; sportswear that has been used and from which its labels or original packaging have been removed, as sealed before being sold; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once

that the contract has been fully executed by archfitstore.com, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond its mere opening, for products that are not in the same condition as they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link:

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All of the above will be applicable as long as it does not fall into any of the exceptions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, especially its article 103.

Return of defective products or shipping errors

This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he/she must contact archfitstore.com immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, a replacement is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for products returned due to a defect, when this actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred in making the return. The refund will be made using the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be observed.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, archfitstore.com being responsible, therefore, for any lack of conformity thereof that becomes apparent within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by archfitstore.com and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance that are usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as follows:

as indicated in the section on the return of defective products or shipping errors. However, some of the products sold on the Website may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may happen that the User purchases on the Website a product from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty right directly against them during the two years following the delivery of said products. To do so, the User must have kept all the information regarding the warranty of the products.

Cancellations: the user has the option to cancel the order placed prior to its shipment by writing to info@archfitstore.com.

SECURITY

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

Therefore, both the website and the payment gateway use SSL certificates to ensure secure connections.

MINIMUM PURCHASE AGE

The minimum age to purchase products at Archfit® is eighteen (18) years.

DISCLAIMER

Unless otherwise provided by law, archfitstore.com will not accept any liability for the following losses, regardless of their origin:

• any losses which were not attributable to any breach on its part;

• business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between both parties

Likewise, archfitstore.com also limits its liability in the following cases:

• archfitstore.com takes all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.

• archfitstore.com will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, roadblocks, and in general any other causes inherent to the sector, which result in delays, loss or theft of the product.

• Technical failures that, for unforeseen or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the service from being available. archfitstore.com makes every effort to carry out the purchase, payment and shipping/delivery process of the products, however, it is exempt from liability for causes that are not attributable to it, such as unforeseen events or force majeure.

• archfitstore.com will not be held responsible for any misuse and/or wear and tear of the products that have been used by the User. At the same time, archfitstore.com will not be held responsible for any incorrect evaluation made by the User. It is the User's responsibility to return the correct product.

• In general, archfitstore.com will not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:

• Strikes, lockouts or other protest measures
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use trains, ships, planes, motor vehicles or other means of transport, public or private
• Inability to use public or private telecommunications systems
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and archfitstore.com will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. archfitstore.com will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with archfitstore.com will be electronic (email or notices posted on the Website. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that archfitstore.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights

recognized by law to the User.

The User may send notifications and/or communicate with archfitstore.com through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, archfitstore.com may contact and/or notify the User by email or at the postal address provided.

RESIGNATION

No waiver by archfitstore.com of any specific right or legal action or failure by archfitstore.com to require strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by archfitstore.com of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.

COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and archfitstore.com in relation to the object of sale and replace any other previous agreement, arrangement or promise agreed verbally or in writing by the same parties.

The User and archfitstore.com acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

DATA PROTECTION.

Any personal information or data provided by the User to Archfit® during a transaction on the Website will be processed in accordance with the provisions of the Data Privacy Policies . By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

 

APPLICABLE LEGISLATION AND JURISDICTION.

Access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Archfit® and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

COMPLAINTS AND CLAIMS

The User may send archfitstore.com their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, archfitstore.com has official complaint forms available to consumers and users, which they can request from archfitstore.com at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between archfitstore.com and the User, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009 /22 / EC are modified. You can access this method through the following website

http://ec.europa.eu/consumers/odr/.

Last modified: November 11, 2023