General terms and conditions of engagement
These General Conditions of Contract are the basis of the contract of use signed between you and us, MinimFit World SL, Muelle de la Aduana s/n, 46024 Valencia, Spain (hereinafter referred to as “we”). The purpose of the contract is the free or onerous use of the products and services offered by us through our website http://www.minimfit.com or through our software applications (hereinafter referred to individually as “MinimApp”).1.2. Participation requirements
To open a user account and to use the Minimfit Service it is essential that you have turned 18 years of age and have full legal capacity. Minimfit is an offer aimed exclusively at consumers. Consumers under the legal definition are all natural persons who make a legitimate transaction for purposes mainly outside their commercial or autonomous professional activity. The use of Minimfit for commercial purposes of any kind is expressly prohibited.1.3. Complementary conditions
We reserve the right to set additional conditions for certain services of Minimfit Services. In which case, however, we will notify you of this well in advance before use, so that you can read and accept them through your continued use of the services. 2. Minimfit services, products and prices
2.1 Services free of charge or onerous.
The scope of the services included in Minimfit and the Minimfit Services made available to you will depend on the free or onerous mode of the Minimfit Service or products. Free use limits availability to a number of functionalities and basic information of the respective Minimfit Service. The number of functions can be expanded by hiring the enablement of the desired content separately (as well as the training routine) by means of a single payment or within the framework of a subscription for the respective Minimfit Service.
Please note that in order to fully utilize some of the Minimfit Services, certain training equipment and tools (e.g. a gym machine, dumbbells or pull up bar) may be required. These items are not part of the Minimfit Services and must be purchased or purchased on their own at your own cost.
For detailed information on the pricing modalities of current products and subscriptions and the associated features, please refer to the website http://www.minimfit.com. The prices indicated include the I.V.A. according to the legal rate in force at all times.
3. Your health
3.1. Health requirements
Use of the Minimfit Services will be at your own risk.
Good general health is a prerequisite for the use of Minimfit services. If you are aware of any pre-existing illnesses, we recommend that you consult a doctor before starting Minimfit Workouts or Workouts, especially if it is (i) cardiovascular disease, (ii) lung or respiratory diseases (including asthma), (iii) spinal and/or joint ailments, (iv) neuromuscular diseases, (v) surgical interventions and/or (vi) other limitations for health reasons. We warn athletes, especially, that Minimfit Workouts are not advisable during pregnancy or lactation.
In those Nutrition-Related Minimfit Services, you are responsible for verifying that the foods and nutrients recommended as part of the training or guide do not contain ingredients that you are allergic to or that may cause food intolerance.
In addition our athletes should keep in mind that pregnant women and breastfeeding mothers should not perform the workouts and workouts we offer them.
As general rules: We advise you to observe the signs of your body. If you become in doubt to your health (either because you have severe pain, general discomfort, shortness of breath, nausea or dizziness before starting or continuing with Minimfit before starting or using Minimfit before starting or using Minimfit before starting or using Minimfit, before starting or using Minimfit before starting or using Minimfit).
3.2. Medical advice is irreplaceable
The services and information offered through Minimfit and Minimfit services are not medical advice. Under no circumstances may they substitute medical recognition or treatment.
3.3. Training- / Dietary methods
Advice on physical exercise and/or nutrition issues is constantly updated based on the development of scientific knowledge on health, nutrition and sport. While we design our trainings and feeding advice according to current studies and knowledge, we do not guarantee that they correspond at all times to the state of research or the latest knowledge.
4. User account
4.1. Registration process
Alternatively, you can open a user account by using your Facebook account. The registration process will be complete, once you have logged in to your Facebook account details and click on the “Confirm” button.
How the contracting materializes will depend on the way you choose to formalize your first minimfit registration and whether or not you request additional onerous benefits.
5.1. Online registration in http://www.minimfit.com
In case of registration through our website http://www.minimfit.com, the perfection of the contract of use between you and us will be consumed with the termination of the registration process.
5.2. Registration through mobile apps
In registering through the mobile app the perfection of the usage contract will depend on the rules of the app store (e.g. Apple. Google, Sony etc). . Recruitment is usually effective by pressing the install button in the app store or, where appropriate, by entering the access key for the app store in question. Please note that the use of the Minimfit Services requires in any case the opening of a user account free of charge that does not have a connection to the app store in question.
5.3. Hiring additional individual single-pay or subscription benefits
Additional benefits may be contracted in units by payment of a single amount or in the context of a subscription. If you contract an additional benefit it will be consumed by click, within the page http://www.minimfit.com. The contract will be formalized when you click the “Buy Now” button or other similar button, once your payment details have been successfully entered. If the purchase of the additional benefit is made via mobile application, the contract will be deemed closed when clicking, in the context of an in-app purchase, the “Buy Now” button or other similar button and, where appropriate, entering the access key for the app store in question.
5.4. Correcting wrong entries
The processes of purchasing a single additional service or subscription on our website http://www.minimfit.com may be cancelled at any time to correct erroneous entries until the time of successfully entering your payment details.
When you purchase a single additional benefit or subscription is made by in-app purchase through one of our mobile apps, you will not be asked for billing or payment details, as the benefit is purchased through your account with your app store. To correct erroneous entries you must, in this case, go to that store.
6.1. User agreement
The user agreement between you and us once you have registered your account will last indefinitely.
6.2. Unique additional benefits
Unique additional benefits may be offered for a specified time. They will then end automatically when their deadline expires, without cancellation.
Access your personal trainer with 10 tailored plans based on your physical level and the goals you set yourself. Complete your training and unlock new programs by training. When you purchase this Personal Coach plan, payment will be charged to your Apple ID account on the purchase confirmation. You will have access to personalized training plans tailored to your needs and fitness. The subscription automatically renews unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions in your account settings in the App Store after purchase.
In order to avoid any misunderstanding, please note that the subscription term is determined by the calendar and is independent of your actual use or the extent of your use of the respective Minimfit Service.
7. Terms of payment
7.1. Payment collection
In the case of the purchase of additional benefits for a payment of a single amount, payments will be charged at the time of contract perfection.
When a subscription is purchased, payments will be charged in advance at the time of contract perfection for the minimum duration period chosen. If the subscription renews automatically, payments will be charged in advance at the start of the renewal period. If fees are charged by iTunes, different conditions apply; in which case the charge will take place 24 hours before the start of the billing period in question.
We reserve the right to make additional claims for late payment.
8. Means of payment
If you purchase Minimfit benefits per in-app purchase, billing will be done by the relevant app store. It will inform you about the supported means of payment. However, if the purchase takes place on our http://www.minimfit.com page, a list of the payment methods we accept will be available on the page.
In the event that the rejection of any payment for reasons attributable to You (e.g. insufficient account balance or exhausted card credit) causes us expenses, we shall have the right to invoice you the full amount of these expenses.
If there is just as a justified reason, in any transaction, we shall have the right to refuse certain means of payment and to designate others.
9. Shipping and delivery policy
Your order will be fulfilled on the shipping date set in the Order Confirmation or, if no shipping date has been specified, within a reasonable time from the date of the Order Confirmation unless exceptional circumstances occur. The approximate shipping times are 28 days from the date of the Order Confirmation (when payment is made by credit card) or from receipt of the document certifying payment, by transfer). The shipping date will be set by us in accordance with our operators in the shipping area and may vary depending on the shipping address, type of product or other relevant factors).
10. Right of withdrawal
10.1. Withdrawal rules
If you have signed a contract for the use of Minimfit or have purchased an additional subscription service, you may exercise the right of withdrawal respectively in each case.
You have the right to withdraw from the contract for a period of 14 days without giving any reason. This 14-day withdrawal period will begin to count from the perfection of the contract.
To exercise your right of withdrawal you must send us to:
Minimfit World SL
Calle Antonio Acuña 14, 28014 Madrid, Spain
an unambiguous notification (letter sent by post, fax or email) of your decision to withdraw from the contract. You may voluntarily use the accompanying withdrawal form, but you are not required to follow that model. You may complete the cancellation form (Withdrawal Request) or make an unequivocal request for independent withdrawal by sending us a request for withdrawal electronically. If you make use of this option, we will immediately send you (via email) the acknowledgement of receipt of your withdrawal. To cancel within the time limit it will be sufficient to have sent your notice of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you exercise your right of withdrawal in connection with the contract, we will be required to reimburse you for all payments we have received from You, including delivery costs (except for any additional costs we have incurred as a result of choosing a delivery method other than the least expensive standard method normally used) without delay and within a maximum period of 14 days from the day we receive your notice informing us of your notice willingness to withdraw from the contract. For this refund we will use the same payment method used in the original transaction, unless you agree with You a different payment method, without prejudice to the fact that under no circumstances will you be charged an additional amount in connection with this refund.
If you have requested the commencement of the provision of the services during the withdrawal period, you must pay us an amount equal to the amount of the service that has been provided to you, with respect to the total scope of the services covered by the contract, at the time in which you informed us of the exercise of your right of withdrawal.
Policy on the end of withdrawal.
10.2. Termination of the right of withdrawal
In the case of a contract for the provision of services, the right of withdrawal will expire in the event that the service has been fully executed by us, with your prior express consent and recognition on your part to be aware that, once the performance of the contract has been completed, you will consequently have lost your right of withdrawal.
10.3. Model form for withdrawal
To make it as easy as possible for you to exercise your right of withdrawal and avoid potential inquiries, we propose you to use an electronic cancellation form. In any case, you can always use the cancellation form below. Please be sure to inform us about the specific Minimfit service or product you wish to opt out of.
If you would like to withdraw from the contract, but do not use the above electronic form, please print and complete the form below, and send it back to the following address:
Minimfit World SL
Calle Antonio Acuña 14,
I hereby inform you that I stop from my contract for the purchase of minimfit products or services:
– Order the [indicar fecha de recepción del pedido]
– [Nombre del consumidor y usuario]
– [Domicilio del consumidor y usuario]
Signature of the consumer and user (only if this form is presented on paper)
11. Liability for defects
11.1. Legal rules
Liability for defects in benefits is regulated in the relevant legal provisions, without prejudice to your rights as a consumer.
11.2. Waiver of guarantee of results
We do not warrant that your use of the Minimfit Services will result in certain training results or any other results expected by you. We don’t promise concrete success. In addition, the actual training result will depend on factors that are not under our influence, such as physical disposition or preconditions. Accordingly, results may vary significantly between different individuals despite the same use of the Minimfit Services.
To the extent that you are provided with guides or instructions related to Minimfit Services, it is imperative that you comply with them. Otherwise you will run the risk of injury and your overall health may be affected.
To the extent that training equipment or tools are used, it is your responsibility to ensure that such equipment and tools are in good working condition and that they are installed and/or configured correctly.
It is necessary to observe and respect our health-related safety notices set out in clause 4.
12.2. Responsibility for free benefits
As for the services provided free of charge, our liability for any legal reason will be limited to damages caused by wilful or gross negligence or lack of guaranteed properties. In case of wil with it our responsibility will generally be unlimited. On the other hand, due to gross negligence or lack of guaranteed property we will only be liable with the extent of reasonable and foreseeable damage. For all other cases, liability is excluded.
12.3. Responsibility for onerous benefits
As for services provided for consideration, our liability for any legal reason for damages caused by wilful misconduct or gross negligence and for the lack of guaranteed properties will generally be unlimited.
If we violate a material contractual duty for slight negligence, our liability will be limited to reasonable and foreseeable damage. Any duty necessary for the performance of the purposes of the contract and in which the consumer may or should be able to rely is a material contractual duty.
The limitations of liability outlined will not be maintained in the event of injury to life, body and health for reasons attributable to us.
In all other cases our liability will be excluded.
12.4. Responsibility of our employees
Exclusions or limitations of our liability extend to the liability of our employees and agents.
12.5. Product liability
The rights under the applicable legal provisions, and in particular Royal Decree-Law 1/2007 shall be safe from the exclusions and limitations of liability referred to above.
13. Rights to use minimfit content
Depending on the services we offer, depending on the contracted services or products purchased by you, the services offered include copyrighted content that we own. As such owner we grant you the non-exclusive, non-transferable right to use these content in a non-commercial manner and in accordance with the contractual terms. For clarification purposes, we only warn you that it is prohibited, in particular, the dissemination or publication of our contents by you, p. e.g. on websites outside Of Minimfit. The right of use will expire when the benefit is no longer enabled for You (e.g. after the cancellation of your subscription) or when the user contract expires.
14. Responsibility for user-generated content
14.1. Disclaimer for other people’s content
You will be solely responsible for all content you hang in the Minimfit spaces provided for this purpose (e.g. sources). We assume no responsibility for or review these content.
14.2. Compliance with legal provisions
You agree to abide by all relevant laws and other rules that apply to you when making your own content available. Whether or not it constitutes a criminal offence, content of a pornographic, sexual, violent, racist, seditious, discriminatory, insulting and/or defamatory nature will be prohibited.
You must also prevent infringement of third party rights, in particular personal rights of third parties and intellectual or industrial property rights of third parties (e.g. copyright, trademark rights, etc.). First of all, you must be the owner of the rights to your profile picture or any other image you hang.
We shall have the right to, at any time, delete or delete any content that is unlawful or contrary to the above principles. If You violate these principles, we would have the right to warn you, temporarily block your user account, or terminate the user agreement for good cause under Clause 15.3.
In the event that You guilty (i.e. negligently or wilfully) the principles outlined in Clause 14.2, you will be required to release us from any third party claim arising from this breach. We reserve the right to claim damages and other claims.
15. Contract resolution
15.1. User agreement
You have the right to terminate your user account at any time, which is equivalent to the termination of your contract of use, at any time and without invocation of cause. To do this, simply practice the necessary settings in your profile. Please note that the cancellation of your user account will empower us to delete all content and training results added by you and will block you from accessing previously purchased content. If at the time of cancelling your account you still have a current subscription or you are reserved for any additional benefit whose duration would not have expired, you owe us the amount corresponding to the proportion of the services that have already been provided at the time of informing us of the exercise of the right to cancel this contract compared to the full scope of the services under the contract.
We have the right to terminate the contract of use in writing without invocation of cause with a period of notice of two (2) weeks, but in any case not before the expiry of the minimum duration or, where appropriate, the period of renewal of your subscription and/or the duration of any additional benefit purchased by one payment.
Each subscription for the Minimfit service must be cancelled individually. At any time you may cancel the respective subscription without invocation of cause with effect at the end of the minimum contractual duration or the corresponding renewal period, practicing in your user profile the corresponding settings. You may cancel any subscription purchased through our website http://www.minimfit.com you may also choose to declare the cancellation of your subscription by e-mail to firstname.lastname@example.org or by post. Subscriptions purchased through the purchase app must be cancelled using the settings in the respective app store. If your subscription payments were charged via iTunes, you should instead observe, for technical reasons, a notice period of 24 hours before the end of the minimum duration or renewal period. Your user account and any and all other subscriptions not individually cancelled will remain in effect.
We have the right to cancel the subscription in writing without invocation of cause with a period of notice of two (2) weeks with effect at the end of the minimum duration or the renewal period.
15.3. Resolution for good cause
The right of final judgment for good cause shall remain intact for both parties. We will have the right to terminate the user contract or cancel your subscription or your user account with immediate effect, in particular, in case of serious or repeated breach of the provisions of the user contract and / or the General Conditions of Contract or in case of late payment.
16. Personal data
17. Changes to the general conditions of contract
We reserve the right to modify and adapt these General Conditions of Contract with future effect. Where applicable, we will notify you of the changes by e-mail at least two (2) weeks before the entry into force of the new version of the General Conditions of Contract. If within one month of notification by email of the entry into force of the new version You do not object to the validity of the new General Conditions of Contract during the aforementioned period and continue to use Minimfit, the new General Conditions of Contract will be deemed accepted by you. In the event of opposition we will expressly reserve our ordinary resolution rights. We will inform you separately about your right of opposition, the time limit for its formulation and the legal consequences of your silence or opposition.
18. Final Provisions
18.1. Applicable law
The relationship between the parties is governed exclusively by Spanish law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In relation to commercial transactions with consumers in the European Union, the law of the place of residence of the consumer may also apply where such legislation contains provisions on consumers which are mandatory.
If you do not have general jurisdiction in Spain or another EU Member State or if you move your permanent residence, once you enter into force these General Terms and Conditions of Contract, to a non-EU Member State or if your domicile or place of habitual residence is not known at the time of the lawsuit, the jurisdiction for all disputes relating to this contract shall fall to the courts of the locality of our seat Social.
18.3. Contract language
The contract language is Spanish.
18.4. Proviso clause
In the event that any provision of these General Conditions of Contract is or becomes wholly or partially ineffective, the other provisions would retain their validity.
19. Bidder Information
Minimfit World SL
Calle Antonio Acuña 14
E-Mail: email@example.comCIF B-98864929 and registered in the Commercial Register of Valencia seat 1/848/72 of Volume 10189 Book 7471 Folio 202, Sheet GNE 173049, and with registered office at the pier of Customs s/n, Marina Real Juan Carlos Primero, 46024, Valencia.