Condiciones Generales - Política de Privacidad y de Cookies

Terms & Conditions
for Private Customers of fitnessnord.com

The website fitnessnord.com is operated by Welzyn S.L., Rambla de Cataluña 20, 08006 Barcelona, Spain  (hereinafter also referred to as “fitnessnord.com”).

The website is not a webshop but a platform where independent sellers and service providers (sellers and providers both called “providers” in this document) can offer their products and services. Ordering of products and services is therefore not possible from fitnessnord.com itself. Instead, products and services are ordered from the providers listed on this platform. Please contact the relevant seller and service providers directly to:

- Check your order status
- Make a complaint about an order
- Request further details about a specific offer or service

 Scope

These General Terms and Conditions govern the access, browsing and use of the Internet platform fitnessnord.com (hereinafter also referred to as “website”). By accessing or using any part of the website, the user agrees to be legally bound by these Terms and Conditions. Otherwise, use of the website is not permitted.

Services of the Website

The website is aimed at end consumers who purchase products and services or to inform themselves about products and services. Purchase and use of products and services on this website is only permitted to persons who are aged 18 years and older.

The information provided on the website does not represent any legally binding offer on the part of fitnessnord.com. The information research is widely automated and based to a great extent on information that fitnessnord.com receives from the providers. fitnessnord.com cannot assume any liability for the accuracy or inaccuracy of the information provided. This shall not apply if fitnessnord.com is informed about the inaccuracy of the information, through a customer, for instance, and does not correct it or at least take action to have the provider correct it.

fitnessnord.com reserves the right to remove individual products and services from the website without prior notice to the customers.

Contractual Relationships

fitnessnord.com does not become party to any purchase or service made in the course of acquiring the products or services represented on the website. Contracts involving the acquisition of products or services represented on the website are concluded exclusively between the customer and the providers. In the case of such contracts, the respective terms and conditions (including cancellation policies) of the individual providers apply.

All brand names, logos and/or other product designations on the website are registered and protected trademarks or trade names of the respective owners.

Liability

The following exclusions and limitations apply with regard to fitnessnord.com's liability, notwithstanding other legal claim requirements: fitnessnord.com assumes liability if the cause of damage is the result of wilful misconduct or gross negligence on the part of fitnessnord.com. In the case of simple negligence, fitnessnord.com only assumes liability for the breach of significant duties, the proper fulfilment of which constitutes a condition sine qua non and on the fulfilment of which the customer regularly relies (so-called cardinal duties). In all other respects, liability for compensation for damage of any kind, regardless of the basis for claim, including liability for violation of mutual confidence in the preparation of contract, are excluded. If fitnessnord.com assumes liability for an instance of simple negligence, this liability is limited to the damage that the occurrence of which could typically be expected due to circumstances known upon conclusion of the contract. The aforementioned exclusions and limitations of liability do not apply in cases of mandatory legal liability, in particular pursuant to the European Product Liability Directive, in the event of the assumption of a guarantee, as well as for culpable injury to life, body or health.

The aforementioned exclusion and restrictions of liability also apply to employees, auxiliary persons and other third parties, serving fitnessnord.com in the capacity of fulfilment of contract.

fitnessnord.com assumes no liability and makes no guarantee as to the type, completeness and quality of the products, services or information from the provider, accessible either directly on the website or indirectly, via links for instance.

Intellectual Property Rights

The website contains data, texts, graphics, software and other information that are protected under intellectual property right provisions, in particular copyright law and trademark law for the benefit of fitnessnord.com and its employees. Reproduction, public distribution, modification and other encroachments on these rights, whether entirely or in part, are only permitted with the explicit written permission of fitnessnord.com, unless a statutory limit applies. Each unauthorised encroachment represents a violation of these Terms and Conditions and will be prosecuted. In particular, the automated reading of databases and website (e.g. via scraping) and the integration of the contents of the website in a frame without fitnessnord.com's permission is not permitted. The user is solely permitted to use the website for his/her own private needs.

Choice of Law

The use of the website and these General Terms and Conditions are governed solely by the laws of Spain, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Place of Jurisdiction and Severability Clause

If the customer is a registered merchant or trader, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and fitnessnord.com is fitnessnord.com's registered office.

If certain provisions of these General Terms and Conditions are or become partially or wholly invalid or ineffective, this shall not affect the validity of the remaining provisions. Any unincorporated or ineffective General Terms and Conditions are replaced by statutory law. Furthermore, the parties undertake to replace the invalid or ineffective provision with an effective provision that comes as close as possible to fulfilling the economic intent and purpose of the invalid provision, as far as a supplemental interpretation is not possible or does not take priority.

Updated: September 2019