TERMS AND CONDITIONS

It is important that the USER carefully reads the following General Conditions of Use of the Web and Sale of Products, so that he/she is correctly informed and accepts both the conditions of access and navigation through the web pages of PRICE MART SL and the terms and conditions that regulate the acquisition of the products offered by PRICE MART SL:

Owner: Price Mart SL

Registered office: Carrer Rosa Sensat 3, Barcelona España 08005
TAX ID: B72584592
Phone: +45 71 99 83 99
Email: [email protected]

Hereinafter, ´the PROVIDER´.

Website Terms of Use

The USER shall be solely responsible for accessing or using the Website for illegal or unauthorized purposes, and among others it is forbidden for the USER to carry out the following activities:

- Use the Website for the installation or publication of viruses or harmful programs or files.
- Use the Website in a way that may cause damage, interference or malfunction of the SUPPLIER´s computer systems.
- Breaking the security and/or authentication measures of the Website and/or any network connected to it.
- Registering under a false identity, impersonating third parties and/or performing any activity that may mislead other Users as to the original identity of a message.
- Use the Website to collect personal data from other Users.
- Prevent the proper development of an event, contest, promotion or any other activity that the PROVIDER decides to carry out through the Website.
- Saturate the infrastructure of the Website or the PROVIDER´s systems or networks, as well as the systems and networks connected to the same.
- Use the Website in a way that may violate good faith, the law, morality or public order.

Any of the actions carried out by the USER in this sense shall entitle the PROVIDER to exercise the appropriate legal actions to defend its rights and to delete and/or block the USER´s account, without the USER being able to request any compensation for it.

Responsibilities and warranties for the use of the Website

The PROVIDER declares that it has adopted all necessary measures that the state of the art and its possibilities allow it, to ensure the proper functioning of the Website, and to reduce system errors and ensure maximum security to Users, but cannot guarantee the damages caused to the USER by any person who violates the conditions that the PROVIDER establishes on its Website and/or the technical security measures. The PROVIDER does not guarantee to the USERS the usefulness or performance of the contents of its Website. The PROVIDER does not guarantee, if applicable, the legality, reliability, truthfulness and usefulness of the contents provided by third parties to its Website, guaranteeing it only with respect to the contents published on its Website.

Intellectual and industrial property rights

The PROVIDER is the owner and/or has the corresponding licenses on the exploitation rights of intellectual and industrial property on the design and programming of the Website, as well as on the contents offered therein. In no case shall access and/or browsing entitle the USER to use such rights other than those strictly necessary to enjoy the provision of the service in accordance with the Terms of Use. The contents of the web page, as well as the copyright and intellectual property rights of the same belong to the PROVIDER or its content providers. The USER may access the website and print a copy of the contents to which he/she accesses during his/her visit, but any other use of the Website and its contents, which may violate the industrial and/or intellectual property rights, and/or which may damage or deteriorate the normal operation of the same, the property or rights of the PROVIDER, or its suppliers, or the rest of the Users or, in general, of any third party, is prohibited. References to trademarks, trade names or other distinctive signs imply the prohibition of their use without the express written consent of the PROVIDER and/or their legitimate owners. All intellectual and industrial property rights on the contents and/or services of the Website are reserved, and in particular, it is forbidden to modify, reproduce, publicly communicate, copy, transform or distribute by any means and under any form, all or part of the contents of the Website for public or commercial purposes, without the express authorization of the PROVIDER. If the USER becomes aware of the existence of any illicit, illegal or contrary to law content or could involve infringement of Intellectual and/or industrial property rights, the USER shall notify the PROVIDER at the following e-mail address [email protected]

2. GENERAL TERMS AND CONDITIONS

The PROVIDER, informs that the formalities to carry out the acquisition of products and / or obtain the provision of the services offered, are those described in these general conditions, as well as those other specific ones that are indicated on screen during navigation, so that the USER declares to know and accept such procedures as necessary to access the products and services offered on the Website. Any modification and/or correction of the data provided by the USER during the navigation shall be made according to the indications included in the Website.

2.1. OBJECT OF THE CONTRACT

This contractual document contains the General Conditions whose purpose is to regulate both the provision of information and the commercial relations arising between the PROVIDER and the third party Users of the Website (´Client or Customer´), who acquire the products offered through the same, although it is not possible to contract any product without prior acceptance of these General Conditions. These Conditions shall remain published on the website available to Customers for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER, without prior notice, by publishing such modifications on the Website so that they may be known by Customers, always before visiting the Website or acquiring any goods and/or services offered. It is the responsibility of the Customers to read them periodically, since those that are in force at the time of placing orders will be applicable. In any case, if the modifications negatively affect access to or use of the digital content or its use by the Customer, the Customer will be informed in a clear and understandable manner, and will have the right to terminate the subscription. All acquisitions of products purchased through the Website, after identification and authentication through the USER name and password provided, shall be considered validly made by the CUSTOMER and shall be binding. The acquisition of products through the Website implies the acceptance as CUSTOMER, without reservations of any kind, of each and every one of these General Conditions, as well as, where appropriate, of the Special Conditions, which may exist in relation to the acquisition of certain products, the CUSTOMER will be exclusively responsible for the custody and proper use of passwords. The realization of orders by a minor who falsifies the information and registration, will be understood to be made under the supervision and authorization of their parents or legal representatives. The acceptance of this document implies that the CUSTOMER:

- Has read, understand and comprehend the above.
- The language in which the contract has been drafted and will be executed is English.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.

These conditions shall have an indefinite period of validity, and shall remain in force for as long as they are accessible through the Website, and shall be applicable to all purchases made through the Website, without prejudice to any special conditions that may apply to the purchase of products.

2.3.1. Products offered on the Website

All products and/or services will be offered through the Website and the PROVIDER will indicate the brand, model, images, description, technical specifications, availability of the product, full price, discounts or financing options, as well as the availability of home delivery or in-store pick-up and may offer other related or recommended products. In the event that the on-line Channel or the Point of Sale does not have stock of any of the requested product/s, the PROVIDER, through its on-line Channel or Point of Sale, shall inform the CUSTOMER of such situation, proceeding to refund, without undue delay, the sums paid for such product/s.

2.3.2. Electronic contracting procedure

Any product from our catalog can be added to the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered. The shopping baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides. From the shopping cart you can place an order following the next steps for its correct formalization:
a) Validation of the shopping cart: the USER, once the selection of the products and/or services he/she wishes to purchase is completed, must validate his/her shopping cart, which will show the products and/or services selected, the number of units, the price of the same, the delivery time and the shipping costs. Similarly, you must select the delivery method: home delivery or delivery at a point.
b) Verification of invoicing data: the USER, once the shopping cart has been validated, must provide the PROVIDER with the invoicing and shipping data for the products and/or services, and must expressly accept, by checking the corresponding box, the present Contracting Conditions. If you do not check the acceptance box, the Website will not allow you to proceed with the contracting process.
c) Selection of the payment method: the USER, once he/she has provided the billing and, if applicable, shipping information, must select the payment method he/she wishes to use. If the USER, has chosen either of the two means of cash payment (PayPal or Card) will be redirected automatically by the system to the online payment platforms (TPV) of the corresponding banks.
d) Acceptance of the Legal Conditions: the customer must click the accept button, which expressly accepts these general conditions, before proceeding to the payment of the product. He/she must also accept the Privacy Conditions and the Cookies policy.
e) Click on the button to finalize the order.
f) Confirmation of the order.

The PROVIDER will send to the CUSTOMER within 24 hours from the moment of the effective payment of the purchase by the CUSTOMER, an email in which a summary will be provided, with all the characteristics of the sale and purchase made, confirming the completion of the order and its status.

2.4. PRICE AND METHOD OF PAYMENT

2.4.1. Pricing and invoicing

The prices indicated for each product include any taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the good or product purchased. The sales prices indicated in our online stores are shown as follows:
- If the Customer lives in the European Union, all prices include VAT, but the Provider deducts this amount from the total if the shipment is made to VAT exempt areas. If the Customer lives outside the European Union, prices do not include VAT. The Customer will have to pay local VAT and there may be some import duty when the shipment arrives at its destination. In some countries or areas there is also a charge for customs clearance, these costs are charged by the shipping company who acts as an intermediary. Customs duties and regulations vary in different countries and it is difficult to know exactly how they work. Before making the purchase, you can check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. The prices applicable to each product are those published on the Website and will be expressed in the currency of the country (EURO for Spain). The CUSTOMER assumes that the economic valuation of some of the products may vary in real time, as long as the order is not placed. Once the order has been placed, the prices will be maintained whether or not the products are available. By accepting the present general contracting conditions, the CUSTOMER accepts to receive the invoices derived from the contracting of goods and/or services from the PROVIDER in electronic format. However, in the event that the CUSTOMER wishes to receive the invoice in physical format (on paper), he/she should send an e-mail to the following address [email protected] requesting the invoice in physical format, duly identifying him/herself and indicating the order number for which the invoice in physical format is requested.

2.4.2. Forms of payment

Once the products have been decided and saved in the cart, the CUSTOMER agrees to start the purchase process and payment of the price. The PROVIDER is responsible for the economic transactions and enables the following ways to make the payment of an order: credit/debit cards, Visa, Mastercard. The payment methods offered may vary depending on the country of destination. Once the Customer has added all items to the cart and has already selected the shipping service, all available payment methods for their destination country will be displayed. If the PROVIDER suspects any anomaly or fraud, the PROVIDER reserves the right to cancel the transaction for security reasons.

2.5. SHIPMENT AND DELIVERY OF ORDERS

The CUSTOMER shall choose the place of receipt of the goods at the time of placing the order to the PROVIDER, who reserves the right to use all necessary means to deliver the products to the address indicated by the CUSTOMER. The CUSTOMER shall provide a delivery address where the shipment can usually be delivered during morning and afternoon hours. Name and ID number must be included in the signature of the reception. It will be possible to track the service through the link that will be sent by email to the CUSTOMER once the order has been confirmed. Delivery will be made at the address indicated. If the transport agency fails to deliver, the shipment must be picked up at the available service center of the carrier. If after five (5) calendar days from the date of the second attempt, the customer has not contacted the carrier to arrange a new delivery date, the products will be returned to the PROVIDER´s warehouses, the customer will be responsible for the shipping and return costs, as well as any associated management costs. If the shipment does not arrive in perfect condition and has any visible damage, it may be refused by the CUSTOMER, or may be accepted, noting on the delivery note of the content review reservation. Claims to the transport after the dates indicated will not be accepted. The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the CUSTOMER. The risk of loss or damage shall be transferred to the CUSTOMER at the time the CUSTOMER receives the order and accepts it without reservation.

Any time period for the provision of the product specified by us shall be only approximate and may therefore be exceeded by up to two business days, except if a fixed date of provision has been agreed upon.

In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as „not in stock“, any applicable period for provision shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period exceeding three weeks; provided, in each
case, that

a) our suppliers failure to timely supply the products is not a result of our fault or negligence and

b) we have ordered the relevant product from the supplier prior to conclusion of the sales contract in such a timely manner that under normal circumstances a timely provision could reasonably be expected.

In the event that the product is no longer available for a reason not attributable to us or cannot be timely provided despite our timely order, we shall be entitled to terminate the sales contract. We shall without undue delay inform the Customer of the non-availability of the product and, in case of a termination, promptly reimburse the Customer any payments made to us.

If the Customer has purchased, through the same order, several products that can be used separately, we may provide those products in separate tranches. The Customer’s statutory rights in relation to the timely and proper provision shall not be affected thereby.

2.6. TRANSPORTATION COSTS

Shipping prices include handling and packaging, and will be applied to each order, so it is advisable to include all the products that the USER needs in a single order, to save money on shipping costs. Prices do not include shipping costs or additional services.

2.7. RIGHT OF WITHDRAWAL

The CUSTOMER has 14 calendar days from the delivery of the order from the formalization of the contract in the case of provision of services. The refund will include the amount of the purchase and, if any, the delivery costs. The refund will be made in the same means of payment with which the Product was purchased, discounting the return costs to be borne by the CUSTOMER. The CUSTOMER must return the products subject to withdrawal without undue delay and in any case no later than 14 calendar days from the date on which it communicates its decision to withdraw. The refund of the amount corresponding to the withdrawal will be made within 14 calendar days from the date on which it has been effectively and unequivocally communicated the decision to withdraw from the contract and provided that the goods or products subject to withdrawal have been previously received, otherwise, the disbursement may be withheld until receipt of such goods or until the CUSTOMER proves the return of the goods. In cases of breakage or receipt of wrong products, the PROVIDER will pay the CUSTOMER the amount of the Product, or, if the Customer prefers, will replace it with another of the services offered on the Website, compensating, where appropriate, the difference in price. Once we have received the return request from the CUSTOMER, the PROVIDER will contact the CUSTOMER to process the return and reimbursement, using the payment method chosen by the CUSTOMER when placing the order. When the CUSTOMER has exercised the right of withdrawal, the PROVIDER will be obliged to return the sums paid by the consumer and user without retention of expenses. The refund of these sums must be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the consumer and user has been informed of the decision to withdraw from the contract.

The CUSTOMER shall be liable for any diminished value of the Goods resulting from any handling of the Goods other than that necessary to establish their nature, characteristics or functioning. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the Products are returned in their original packaging together with the invoice, in the event that they are returned without such original packaging or with damage the amount to be paid to the Customer for the return of the product will be reduced by the amount that corresponds. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.

2.8. WARRANTIES

The PROVIDER shall be liable for any lack of conformity of the product that exists at the time of delivery in accordance with the provisions of EU Directive 2019/771 and the integration of the same by the different member states where the products are supplied according to the country of residence of the consumer as established in the Rome Convention and on applicable law. The goods that the PROVIDER delivers or supplies to the consumer or USER shall be deemed to be in conformity with the contract when they meet the subjective and objective requirements established and applicable:

Subjective requirements :
a) Comply with the description, type of good, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics established in the contract.
b) Be suitable for the specific purposes for which the consumer or USER needs them and which the consumer or USER has made known to the PROVIDER, at the latest at the time of conclusion of the contract, and in respect of which the PROVIDER has expressed its acceptance.
c) Be delivered or supplied together with all accessories, instructions, also for installation or integration.
d) Be supplied with updates, in the case of goods, or be updated, in the case of digital content or services, as established in the contract in both cases.

Objective requirements :

In addition to meeting any subjective requirements for conformity, the PROVIDER acknowledges that the goods shall meet the following requirements:
a) Be fit for the purposes for which goods of the same type are normally intended, taking into account, where applicable, any standards in force, any existing technical standards or, in the absence of such technical standards, any specific code of conduct of the industry in the sector.
b) Where applicable, possess the quality and correspond to the description of the sample or model of the good or conform to the trial or preview version of the digital content or service that the entrepreneur had made available to the consumer or USER prior to the conclusion of the contract.
c) Where applicable, be delivered or supplied together with the accessories, in particular the packaging, and instructions that the consumer and USER may reasonably expect to receive.
d) Present the quantity and possess the qualities and other characteristics, in particular with respect to the durability of the good, accessibility and functionality, compatibility and safety that are normally present in goods of the same type and that the consumer or USER may reasonably expect, given the nature of the goods.
There shall be no liability for lack of conformity when at the time of conclusion of the contract, the consumer or USER has been specifically informed that a certain characteristic of the goods deviates from the objective requirements and the consumer or USER has expressly and separately accepted such deviation.

If the good is not in conformity with the contract, in order to bring it into conformity, the consumer or USER shall have the right to choose between repair or replacement, unless one of these two options proves impossible or, compared to the other remedial measure, involves disproportionate costs, taking into account all the circumstances.


2.10. DISPUTE RESOLUTION

All diputes arising from the contractual relationship between the customer and fitnessnord.com is fitnessnord.com´s registered office.

Any contracts entered into between the provider and the customer shall be governed by the laws of Spain.

2.11. FORCE MAJEURE

The PROVIDER shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond the control of the PROVIDER including, but not limited to, acts of God, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transportation, facilities, fuel, energy, labor or materials. The PROVIDER shall have no liability for possible non-performance or interruption of the Service, to the extent delayed or prevented by such causes, and for the entire period of time in question.

2.12. EXEMPTION FROM LIABILITY

The Point of Sale and the PROVIDER cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions, nor that the Website will be available or accessible one hundred percent of the time. Neither can they guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.

2.13. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the CUSTOMER´s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policies. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.