Legal notice and terms of use

RESPONSIBLE ENTITY

Identity: Javier Serrano Pérez

Registered office: C / Unio 70,2,8 Mataró, Barcelona, Spain 08302

NIF: 48652910K

Telephone: +34618843262

Email: archfit.es@gmail.com

Contact: Javier Serrano Perez

Domain name: archfitstore.com

 

This website is operated by Javier Serrano Pérez, doing business under the trade name Archfit®. Throughout the site, the terms "we", "us" and "our" refer to Archfit®. Archfit® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/or purchasing something from us, you participate in our "Service" and accept the following terms and conditions ("Terms of Use", "Terms"),including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you are accepting the Terms of Use. If you do not agree with all the terms and conditions of this agreement, then you should not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

 

 

Our store is hosted by Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services.

 

In this space, the User will be able to find all the information regarding the legal terms and conditions that define the relationships between users and us as responsible for this website. Javier Serrano Pérez, as the person in charge of this website, assumes the commitment to process the information of our users and clients with full guarantees and to comply with the national and European requirements that regulate the collection and use of the personal data of our users. This website, therefore, strictly complies with the RGPD (REGULATION (EU) 2016/679 on data protection) and the LSSI-CE Law 34/2002, of July 11, on services of the information society and electronic commerce.

 

COMMITMENTS AND OBLIGATIONS OF USERS

The User is informed and accepts that the access to this website does not in any way imply the beginning of a commercial relationship with archfitstore.com. In this way, the User agrees to use the website, its services and content without violation of current legislation, good faith and public order.

 

ONLINE STORE TERMS

By using this site, you state that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your dependents minors to use this site.

 

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any law in your jurisdiction (including but not limited to copyright laws).

 

GENERAL CONDITIONS

We reserve the right to refuse the provision of service to any person, for any reason and at any time.

 

You understand that your content (not including your credit card information), can be transferred without encryption and involve (a) transmissions through various networks; and (b) changes to adjust or adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during the transfer through the networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

 

The titles used in this agreement are included for convenience only and do not limit or affect these Terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

MODIFICATIONS TO THE SERVICE AND PRICES 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

 

For more details, please review our Returns Policy.

 

OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

 

THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third-parties. 

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

The User who intends to provide a hyperlink or technical link device from their website to archfitstore.com must obtain our prior written consent. The establishment of the link does not imply in any case the existence of relationships between archfitstore.com and the owner of the site on which the link is established, nor the acceptance or approval by archfitstore.com of its contents or services.

 

USER COMMENTS, COLLECTION AND OTHER SHIPMENTS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

 

Comments are allowed on our website to enrich the content and make inquiries. Comments that are not related to the theme of this website, which includes defamation, grievances, insults, personal attacks, general disrespect towards the author or other members, or contain computer viruses or other malware that could, in any way, be accepted way, affect the operation of the Web or any related website. Comments that contain information that is obviously misleading or false will also be deleted, as well as comments that contain personal information, such as, for example, private addresses or telephones and that violate our data protection policy.

 

Likewise, those comments created only for promotional purposes of a website, person or group and everything that can be considered spam, in general, will be rejected.

 

Anonymous comments are not allowed, as well as those made by the same person with different nicknames. Neither will those comments that attempt to force a debate or take a stance by another user be considered.

 

You are solely responsible for the comments you make and their accuracy. We are not responsible and do not assume any obligation regarding the comments published by you or by third parties.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

 

 

ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Archfit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

 

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Archfit®️ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

 

TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

 

 

GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Spain. 

 

CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

SECURITY MEASURES

The personal data communicated by the User to archfitstore.com can be stored in automated or non-automated databases, whose ownership corresponds exclusively to archfitstore.com, assuming all technical, organizational and security measures that guarantee confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current data protection regulations.

Communication between Users and archfitstore.com uses a secure channel, and the transmitted data is encrypted thanks to https protocols, therefore, we guarantee the best security conditions so that the confidentiality of users is guaranteed.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Under the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of archfitstore.com. The user agrees to respect the Intellectual and Industrial Property rights owned by archfitstore.com.

The user knows and accepts that the entire website, containing without being exhaustive text, software, content (including structure, selection, arrangement and presentation of them) photographs, audiovisual material and graphics, is protected by trademarks, copyrights and other legitimate rights, in accordance with international treaties to which Spain is a party and other property rights and laws of Spain. In the event that a user or a third party considers that a violation of their legitimate intellectual property rights has occurred due to the introduction of certain content on the web, they must notify said circumstance to arcgfitstore.com indicating:

 

Personal data of the interested party holder of the rights allegedly infringed, or indicate the representation with which he acts in the event that the claim is presented by a third party other than the interested party.

 

Indicate the contents protected by intellectual property rights and their location on the web, the accreditation of the indicated intellectual property rights and express declaration in which the interested party is responsible for the veracity of the information provided in the notification

 

CLAIMS

The User may make claims by sending an email to archfit.es@gmail.com indicating their name and surname, the service and/or product purchased and stating the reasons for her claim.

 

 

The User/buyer may notify us of the claim, either by email to archfit.es@gmail.com, if they wish, attaching the following claim form: 

The service/product: 

Acquired on the day: 

User name: 

Address of the user: 

User Signature (only if it is presented on paper): 

Date: Reason for the claim:

 

PERSONAL DATA WE COLLECT AND HOW WE DO IT

Read Privacy Policy

Read Cookies Policy

 

 

CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at archfit.es@gmail.com.

In the event that any User has any questions about these Legal Conditions or any comments about the portal archfitstore.com, please contact archfit.es@gmail.com

On behalf of Archfit® team, we thank you for the time spent reading this Legal Notice and Terms of Use.