General Contracting Terms and Conditions
Introduction
This contractual document will govern the General Conditions for contracting one-on-one online fitness coaching for women of menopause age (hereinafter, «Conditions») through the website thefitnwell.life/, owned by VERONICA CUBARLE under the trademark The Fit&Well Life, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the one-on-one online fitness coaching for women of menopause age contracted by the USER, VERONICA CUBARLE, whose registered address is at Rte du Coteau 5, 1752 Villars-sur-Glâne null, TIN E5716667 and telephone number for customer/USER service 41 78 324 75 45.
And on the other hand, the USER, who has contracted the services of the PROVIDER and who is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific program on the previously mentioned online fitness coaching service for women of menopause age, in exchange for a certain price which is publicly displayed on the website.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify hello@thefitnwell.life so that VERONICA CUBARLE can correct them as soon as possible.
The USER may keep their data updated by communicating it in the same way to VERONICA CUBARLE.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be an adult and follow the purchase procedure set out on the website. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Information Security Act, ISA, art 10a, of the Swiss Confederation, the New Data Protection Act (nL.PD) and the Federal Data Protection and Information Commissioner (FDPIC), on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.
We inform you that, in accordance with the requirements of the Information Security Act, ISA, art 10a, of the Swiss Confederation, the following steps will be followed during the contracting procedure:
– In the event of a dispute, the Customer shall first contact The Fit&Well Life for an amicable resolution.
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.
15. Links to other websites.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation.
Failure to carry out the remote contract
In the case of the provision of a service, it will be available from the moment the USER has paid for it and will be downloadable or activated according to the conditions of the PROVIDER.
In the event that the contract does not involve the physical delivery of a product, but a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.
In the event of not being able to execute the contract because the contracted service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
The PROVIDER will not accept any liability if the download or the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The service will be considered as provided when the USER has downloaded or activated it.
3. RIGHT OF CANCELLATION
The PROVIDER must be informed of any return, with the request for a return number by emailing hello(at)thefitnwell.life, indicating the corresponding invoice number, order number or the data that in which case the PROVIDER needs to correctly identify the USER and contracted service.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: VERONICA CUBARLE, Rte du Coteau 5, 1752 Villars-sur-Glâne null
Telephone: 41 78 324 75 45
Email: hello(at)thefitnwell.life
Online Dispute Resolution(ODR)
In Switzerland the Swiss Rules of International Arbitration rules are to be applied for the resolution of conflicts between the USER and the PROVIDER, without the need to resort to courts of law. They can be consulted here. The Swiss Arbitration Centre is an independent institution, which acts as an intermediary. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
COVID-19: If due to mobility restrictions or any other reason related to the consolidated rules in the COVID-19 code, the USER cannot receive the service, the registration fee will be refunded in full or he/she will have the possibility to use his/her reservation until new date proposed by the PROVIDER.
6. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of VERONICA CUBARLE or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and service improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes
shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include any applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, communication, handling, packaging, insurance or any other additional services and attachments to the service purchased.
The prices applicable to each service are those published on the website and shall be shown in Swiss franc (CHF). The USER accepts that the economic valuation of some of the services may vary in real time.
Before making a purchase, all the details of the quote can be checked on-line: services, quantity, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the service is available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent in PDF to the e-mail address provided by the USER, as long as they have given their express consent to do so, informing them that they may revoke said consent at any time by communicating it to the PROVIDER by any of the means made available to them.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling 41 78 324 75 45 or by emailing hello(at)thefitnwell.life.
9. SHIPPING COSTS
There are no shipping costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:
• Payrexx, Twint, bank transfer, crypto currency.
The USER may use a discount coupon prior to the completion of the purchase if they have received it from the PROVIDER.
Security measures
The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the USER agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalogue can be added to the basket. In the basket you can only view the selected services, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
Confirm billing details.
Check the method of service provision.
- Select payment method.
Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate date of activation.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The Fit&Well Life may, without prior notice, suspend or terminate USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policy.
Where The Fit&Well Life 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 which may be available to The Fit&Well Life.
13. GUARANTEES AND REFUNDS
Swiss law does not provide for any right to change your mind and return a product following an online purchase E-commerce traders can provide for such a right, but are not required to do so. If they do so, the existence and terms of a cancellation right must be clearly stipulated in the general terms and conditions. Therefore, as hereby stated, result warranties for The Fit& Well Life’s online fitness coaching services are not provided and refunds are not possible after the programs have been submitted by the provider, Purchases are final and no refunds will be granted.
