OVERVIEW
These General Conditions of Sale apply to the sale of any Product supplied by:
The Company FITNESS-SUPERHUMAN via their website https://fit-superhuman. com/ is a limited liability company with capital of €2500, registered with the REGISTRATION DEPARTMENT OF TARTU COUNTY COURT under number 16041254 with registered office social is located at Lasnamäe tn 4b-37, Lasnamäe linnaosa, Tallinn 11412.
The director of publication is the company Fitness-Superhuman
Phone number: +33 3 62 02 11 90
FITNESS-SUPERHUMAN offers this website, including all information, tools and services available from this site to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Conditions of Sale", "General Conditions of Sale and Use", "Terms"), including additional terms, conditions and policies referenced herein and/or hyperlinked. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new features and tools that will be added to this store in the future will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor must you, in the course of using the Service, violate any laws in your jurisdiction (including but not not limited to copyright laws).
You must not transmit worms, viruses or any other code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided without prior express written permission from us.
The headings used in this agreement are included for your convenience, and shall not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some prior information. This prior information, by its nature, is not current and is provided for informational purposes 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.
ARTICLE 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
The date of validation of the Order corresponds to the date of receipt of the cash payment of the total price including tax duly recorded.
Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs. 'dispatch.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice at any time.
We shall not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be exclusively available online through our website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but are not obligated to, to limit the sales of our products or services to any person, and in any 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 product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from 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 change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our Returns Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third party tools.
If you use optional tools offered through the site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the relevant third-party provider(s). ).
We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new functionalities and these new services will also be subject to these General Conditions of Sale and Use.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of any such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these websites of third. Please read the third party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of such third parties should be directed to such third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to participate in competitions), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish , distribute, translate and otherwise use in any media any feedback you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third-parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights . You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service. or any other related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third-parties as to the origin of any comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility and disclaim all liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11: SUBSCRIPTION AND TERMINATION
Description of the subscription offer:
Our e-commerce company offers customers a subscription worth €9.13 and €9.21, allowing them to benefit from promotions throughout the year as well as free access to online courses. The cost of the subscription is payable in six annual installments, every two months. The duration of the subscription is determined by the customers, who can terminate at any time. Subscriber benefits are available for the duration of the subscription.
Subscription terms:
To subscribe to the subscription offer, customers must provide the necessary payment information and accept the terms of membership. Customers can subscribe online on our e-commerce site. Once the payment has been validated, the subscription becomes active and the advantages offered to subscribers are available.
Cancellation conditions:
Customers have the right to terminate their subscription at any time. To do this, they must contact our customer service by e-mail or telephone. A notice of fifteen (15) days is required for the cancellation of the subscription. Customers who cancel their subscription are entitled to a full refund.
The refund will be made within fourteen (14) days of receipt of the termination request by our customer service. Reimbursement will be made using the same method of payment used by the customer for the initial purchase, unless the customer expressly agrees to another method of reimbursement.
Protection of personal data:
We are committed to protecting the personal data of our customers in accordance with the European regulations on the protection of personal data (GDPR). We collect information necessary for subscription, including payment information. The data collected is stored securely and is not shared with third parties without the explicit consent of the client. Customers have the right to request the deletion of their personal data at any time.
Legal provisions:
Our subscription offer is subject to the rules applicable to consumption, distance selling and consumer protection in force in France. We are committed to respecting these rules and ensuring the satisfaction of our customers.
Contact and customer service:
We are available to answer our customers' questions and requests. Our customer service can be contacted by email at contact@fit-superhuman. com or by phone at +33 3 62 02 11 90. We are committed to responding quickly to our customers' requests.
ARTICLE 12 – 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 costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate, and this , at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by the law. No set date of update or refresh in the Service or on any other related website should be relied upon to conclude that the information in the Service or on any other related website has been modified or updated.
ARTICLE 13 – PROHIBITED USES
In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone 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 could be used in such a way as to compromise the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 14 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent 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 prior notice to you.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
FITNESS-SUPERHUMAN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be held liable in any way for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings , data, replacement costs, or similar damages, whether in contract, tort (even in negligence), strict liability, or otherwise, arising out of your use of any service or product from this Service, or any other claims 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 arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of them occurring.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 15 – COMPENSATION
You agree to indemnify, defend and hold harmless
FITNESS-SUPERHUMAIN, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, sub- contractors, 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 to which they refer to, or your violation of any law or the rights of a third-party.
ARTICLE 16 – SEVERABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all other remaining provisions.
ARTICLE 17 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You can terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without giving you advance notice and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 18 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or this provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to any prior version of the Terms of Service and of Use).
Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted against the drafting party.
ARTICLE 19 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, shall be governed by and construed under the laws in force in Lasnamäe tn 4b-37, Lasnamäe linnaosa, 11412, Estonia
ARTICLE 20 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site.
It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 21 - PROCESSING OF PERSONAL DATA
- The Company collects Customer data:
- a) for the purpose of processing and monitoring the Customer's Order on its Site; (and/or)
- b) for the purpose of being able to contact you about various events relating to the Company, including in particular the updating of the Products and the management of the customer relationship; (and/or)
- c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular by means of cookies).
The data collected is processed by the contractual service providers of the Site who are in charge of the packaging and distribution of the Products ordered as well as by the hosting provider, Shopify Inc. whose servers are secure and protected by a firewall.
- The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which cannot in any case exceed five (5) years.
- In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Regulation on the Data Protection (GDPR), the Customer has a right of access, modification, rectification, deletion or opposition for legitimate reasons, on his data.
- The Customer may exercise his rights by e-mail to contact@fit-superhuman. com
ARTICLE 22 – CONTACT DETAILS
Questions regarding the General Conditions of Sale and Use should be sent to us at contact@fit-superhuman. com
ARTICLE 23 – DELIVERIES
The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. The delivery times indicated when ordering are for information only and remain dependent on any delays in the postal services or other special cases preventing delivery (events, bad weather, etc. )
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be in the material impossibility of providing him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
During a delivery by hand, the customer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, Broken products…); any anomaly must then imperatively be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. When delivered to a mailbox, the customer agrees to immediately check the package and contact Fitness-Superhuman support if he notices any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may request it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows the withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than thirty (30 ) days from the conclusion of the contract may lead to the resolution of the sale on the initiative of the Consumer Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he did not execute. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
