Legal Notice

In compliance with art. 10 of Law 34/2002, of the 11st of July, on services of the information society and electronic commerce, we inform you that the responsible of this website is:

  • Identity: “HENCHLIFTS,S.L.”
  • C.I.F / N.I.E. / PASSPORT: B72778814
  • ADDRESS: C/ ROMA, 3, 03730 JAVEA (ALICANTE)
  • TELEPHONE: 865710644
  • E-MAIL: info@elitefitnessgym.net
  • REGISTRATION DETAILS: Sociedad Inscrita en el Registro Mercantil de Alicante, tomo 4519, folio 213, hoja A-182453

General Terms of Use (General Conditions of APP): ELITE GYM

  1. AIM. These general terms of use (hereinafter GTU), regulate the access and use of the APP under the domain ELITE GYM (hereinafter APP), owned by “HENCHLIFTS,S.L.” (hereinafter ELITE GYM), made available to the users (hereinafter User/s). If you have any doubts or queries related to the use and access to the Website or these GTU, you can contact us through the contact details published in the Legal Notice.
  2. AGREEMENT WITH THESE GENERAL TERMS AND CONDITIONS: The use of this APP implies the full acceptance by the User of the existing GTU at the time the User accessed this APP. Therefore, if you do not agree with any of the terms and conditions set forth herein, you should refrain from using this APP. Consequently, the User must read the GTU carefully each time he/she intends to use the APP. In any case, ELITE GYM reserves the right to modify the GTU at any time without prior notice. Furthermore, ELITE GYM reserves the right to suspend, discontinue, or cease to operate the APP at any time. By “use of the APP”, we mean any User who accesses and browses this APP regardless of whether or not he/she fills in the registration forms.
  3. CONDITIONS FOR ACCESS AND USE OF THE APP AND ITS CONTENTS. The access to the APP and/or the Contents included in it does not imply any kind guarantee with respect to the suitability of the APP and/or the Contents included in it for specific or particular purposes of the Users. ELITE GYM may establish additional limitations and/or conditions for use and/or access to the APP and/or the Contents, which must in all cases be observed by Users.

3.1. Access and Use of the APP. Unless otherwise provided, the use of the APP shall be free of charge, without prejudice to the connection through the corresponding telecommunications network contracted by the User. The User acknowledges that he/she is over eighteen years of age and is also aware and voluntarily and explicitly accepts that the use of the APP is in any case under his/her sole and exclusive responsibility. The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained on the Website and to always act in accordance with the law, good customs, and the requirements of good faith, using his/her best efforts taking into account the nature and consideration of the service he/she enjoys. To this end, Users shall refrain from using the APP in any way that may impede, damage, or deteriorate the normal functioning of this Website, the goods, or rights of ELITE GYM, its suppliers, its distributors, the rest of Users, or any third party in general. Specifically and without implying any restriction to the obligation assumed by the User in accordance with the preceding section, the User undertakes to:

a) Not enter, store, or disseminate, on or from the APP, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, in support of terrorism, inciting violence, discrimination to race, gender, ideology, religion, or that in any way violates the form, fundamental rights, public freedoms, honor, privacy, or the image of third parties and in general, the regulations in force. b) Not enter, store, or disseminate through the APP any computer program, data, virus, code, or any other electronic or physical instrument or that may cause damage to the APP, to any of the services, or to any of the equipment, systems, or networks of ELITE GYM, any User, any Suppliers, or Distributors of ELITE GYM or, in general, any third party, capable of causing any type of alteration or preventing the normal operation of this APP. c) Not enter, store, or disseminate through the APP any content that infringes intellectual and industrial property regulations, or the rights of third parties, or in general, any content for which the User does not hold, in accordance with the law, the right to make available to third parties.

3.2. Access and Use of Content. The Contents of the APP are available to the User with information from both own and third-party sources. ELITE GYM endeavors to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance, and/or timeliness of the Contents.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS. No intellectual or industrial property rights over the APP or any of its constituent elements are transferred by means of these GTU, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending, or using any of them by any means or procedure, except in cases where this is legally permitted or is authorized by the owner of the corresponding rights. The User may view and obtain a temporary private copy of the Contents for his/her exclusive personal and private use on his/her computer systems (software and hardware), provided that this is not for the purpose of carrying out any commercial or professional activities. The User shall refrain from obtaining or attempting to obtain the Contents by means or procedures other than those which, in each case, were made available or indicated for that purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damaging or disabling the APP). The User must, at all times, respect all intellectual and industrial property rights over the APP, owned by ELITE GYM or third parties.
  2. EXCLUSION OF GUARANTEES AND LIABILITY.

5.1. Exclusion of Guarantees and Liability for the Operation of the APP. ELITE GYM does not guarantee the availability and continuity of the functioning of the APP and the services and Contents offered therein, nor that the contents existing on the APP are updated, and is exonerated from any liability for damages or harm, of any nature, that may arise from such circumstances. ELITE GYM will carry out all those tasks aimed at rectifying the errors, re-establishing communication, and/or updating the aforementioned contents, provided that there are no circumstances that prevent or complicate the performance and will do as soon as it becomes aware of any errors, disconnections, and/or lack of updating of the contents. Likewise, ELITE GYM does not guarantee either the technical reliability of its Website, nor access to its different pages, and is likewise exonerated from liability for damages of any kind that may arise for this reason. Furthermore, ELITE GYM shall not be liable for any possible errors or security deficiencies that may occur due to the use by the User of a browser with an out-of-date or insecure version of the same or for any damage, errors, or inaccuracies that may arise from the malfunctioning of the browser. In order to reduce the risk of viruses being introduced into the Website, said platform uses virus detection software to check all the Contents that it enters into the Website. However, ELITE GYM does not guarantee the absence of viruses or other elements on the APP introduced by third parties unrelated to ELITE GYM that may cause alterations in the hardware or software systems of the Users or in the electronic documents and files stored in the system. Consequently, ELITE GYM shall in no case be liable for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the software or hardware systems, electronic documents, or files of the Users. ELITE GYM adopts various protection measures to protect the APP, the data gathered, and the Contents against computer attacks by third parties. However, ELITE GYM does not guarantee that unauthorized third parties will not have access to the type of use or browsing of the APP by the User or the conditions, characteristics, and circumstances in which it is carried out. Consequently, ELITE GYM shall in no case be liable for any damages that may arise from such unauthorized access. ELITE GYM shall not be liable under any circumstances for the use that Users and/or third parties may make of the APP or the Contents, nor for any damages that may derive from the same.

5.2. Exclusion of Guarantees and Liability for Contents. ELITE GYM does not edit Contents of third parties published on the APP and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of said Contents, not for the Contents owned by ELITE GYM. ELITE GYM shall in no case be liable for any damages that may arise from:

(i) The lack of lawfulness, truthfulness, accuracy, completeness, and/or timeliness of the Contents originated by third parties and its own; (ii) The unsuitability for any purpose and the disappointment of expectations generated by the Contents; (iii) Decisions or actions taken or avoided by the User, in reliance on the information or data provided in the Contents, including without limitation, lost profits or business opportunities.

  1. HYPERLINKS. Persons intending to establish Hyperlinks between their APP and the APP must observe and comply with the following conditions:i. Prior authorization is not required where the Hyperlink only allows access to the homepage of the APP but may not reproduce it in any form. Any other form of Hyperlink requires the express and unequivocal written authorization of ELITE GYM. ii. The APP on which the Hyperlink is established may only contain strictly the necessary to identify the destination of the Hyperlink. iii. The APP on which the Hyperlink is established will not contain information or content that is illegal, contrary to morals and generally accepted good customs and to public order, neither will it contain content contrary to any third parties’ rights. iv. ELITE GYM reserves the right to block the Hyperlinks to the Website that do not have express prior authorization, even if they comply with the provisions of the point of the General Terms and Conditions.
  2. ACTIONS IN THE EVENT OF A NON-COMPLIANCE. ELITE GYM reserves the right to exercise whatever actions are legally available to demand responsibilities derived from the breach by the User of any of the provisions of these General Terms and Conditions of the APP.
  3. PARTIAL NULITY. The declaration of any of the clauses contained in these General Terms of Use as null, invalid, or ineffective shall not affect the validity or effectiveness of the remaining, which shall continue to be binding between the parties.
  4. APPLICABLE LAW AND JURISDICTION. These GTU shall be governed in accordance with Spanish legislation. For the resolution of any dispute relating to the conditions of use and access to this APP contained in this document of the Website’s GTU, the parties submit, expressly waiving any other jurisdiction to which they may be entitled, unless otherwise determined by law, to the Courts of Dénia.
  5. NOTIFICATIONS. ELITE GYM designates the address specified in the Legal Notice as the contact address for the purposes of delivering the pertinent notifications. The e-mail address provided by the User during the registration process on the Website will be used by ELITE GYM for the purpose of sending notifications to the User. The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications. All the Notifications made by ELITE GYM to the User shall be deemed to have been validity delivered if they have been made using the data and by the means indicated above. ELITE GYM shall not be liable for any damage that may arise from the User’s failure to keep their contact details up to date.

General Contracting Conditions for: ELITE GYM

  1. Identification of the Parties. On the one hand, “HENCHLIFTS,S.L.”, hereinafter ELITE GYM, whose other identification data are included in the Legal Notice and owner of the domain ELITE GYM, hereinafter Website, and on the other hand, the User who contracts the products offered through the Website.
  2. Acceptance and Modification. The User declares that he/she has the legal capacity to contract and accepts the full and unreserved adherence to the General Contracting Conditions, hereinafter GCC, in the version published at the time of contracting.
  3. Obligations of the Parties.

3.1. Obligations of ELITE GYM:

  • To provide the services in accordance with the GCC and without breaching good contractual faith.
  • To make available to the User the GCC and the specific conditions where applicable.
  • To send the User proof or an invoice for the products contracted.

3.2. User’s Obligations:

  • Fulfill its entirety the established in the GCC.
  • Complete the registration forms with accurate and current information. The User will be the only one responsible for the accuracy and updating of existing information.
  • Keep the data provided protection immediately notify of the loss, mislaying, theft, robbery, illegitimate access as well as its knowledge to third parties.
  1. Product Availability. In the event that a product is not available on time, the User will be informed by e-mail of this and the new indicative delivery time. In the event that the product is finally unavailable, once you have been informed of this via e-mail, you may receive a product of similar characteristics or cancel the order.
  2. Fees. The published fees include VAT (IVA). Shipping costs are not included, although they will be itemized so that the User knows the amount before being bound by the contract.
  3. Payment Methods. [The payment methods should be specified here]
  4. Risk and Property Transfer. The User acquires ownership of the products upon complete payment of all sums, including shipping costs. The risk of loss or damage shall be transferred to the User when he/she or a third party, identified by him/her, other than the courier, has acquired the material possession. In the case that the User is the one who commissions the carrier or the carrier chosen is not amongst those suggested by ELITE GYM, the risk shall be transferred to the User with the delivery of the goods to the carrier.
  5. Delivery Policy. In any case, ELITE GYM will deliver the products to the User within a maximum period of 30 calendar days from the conclusion of the contract. Once the contract has been concluded, the User will receive an e-mail confirming the purchase and another one confirming delivery once the order has been delivered to the carrier.
  6. Procedure, Cancellation, and Withdrawal Rights, and Legal Guarantee.

9.1. Procedure. To exercise the rights to cancel, withdrawal, and use of guarantee, the User shall contact ELITE GYM, by phone or [provide the contact method].

9.2. Right to Cancellation. The User will be able to cancel their order, at no cost, so long as this is communicated before the order is in possession of the carrier.

9.3. Right to Withdrawal. The User shall provide a 14 calendar days period from delivery of goods to withdrawal from the contract without any justification and without any penalty. The right to withdrawal shall be applicable provided that the contracted products are returned in the same conditions (along with their complete and original packaging, labels, and any accessories related to the same), and attaching the purchase receipt. In any case, ELITE GYM shall determine if these requirements have been met. In the case of granting this right, the User shall assume the cost of returning the products, if it is not granted; the products will be shipped freight collect. The right to withdrawal will not be applicable to those contracts that refer to goods specifically made by the User or those clearly personalized.

9.4. Legal Guarantee. The User has three years of guarantee from the delivery of the product. Not included in this guarantee are defects caused by negligence, impacts, improper use, or handling by the User. Excepting evidence to the contrary, any lack of conformity becoming apparent within six months of delivery will be presumed to have existed at the time of delivery. The legal guarantee includes the following rights for the User:

  • If the product does not meet contractual requirements, the User will be able to demand either reparation or product substitution, unless one of these two options results to be objectively impossible or disproportionate to the detriment of ELITE GYM. All costs occasioned by the exercise of this right shall be free to the User.
  • The reduction of fees and the contract cancellation shall proceed, according to the User, when this one is not able to demand the reparation or substitution and in case where these were not carried out in a reasonable timeframe or without considerable inconvenience for the User. Cancellation shall not proceed when the lack of conformity is minor.
  1. Notifications. ELITE GYM with address for notification provided in the Legal Notice. The email provided by the User during the registration process shall be used by ELITE GYM as an address to service. All notifications made in accordance with the procedure indicated shall be considered to have been properly made.
  2. Applicable Jurisdiction. In the case of litigation between the parties, territorial jurisdiction shall correspond, at the User’s choice, the address of the User or the defendant.
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