Terms & conditions
PURPOSE AND GENERAL CONSIDERATIONS
In any case, certain Website pages are accessible to legal entities or individuals who do not register or initiate a product purchase (hereinafter referred to as "Users"). Accordingly, Users who access these parts of the Website agree to be subject to the terms and conditions set out in these General Conditions, to the extent that they may be applicable.
The COMPANY wishes to inform its Customers and Users that the Website is exclusively directed towards those 18 and above, and that the territory within which orders are accepted and distributed is that comprised of the Peninsula, Balearic Islands and Canary Islands (hereinafter referred to as the "Territory"). The COMPANY does not ship orders abroad. Should a User be interested in placing an order outside of the territory of the Peninsula, Balearic Islands and Canary Islands, they should contact the COMPANY using the given form or send an email to firstname.lastname@example.org, upon which we shall consider and respond to the request.
CONTACT: For any questions, queries or suggestions, you can send us your comments by email to: email@example.com
The product descriptions displayed on the Website are based on information provided by Cauchos Karey, S.A. However, the information provided for each individual product and any relevant photographs or videos found on the COMPANY's Website are displayed on www.perfectbalance.training as a guideline.
All product prices found on the Website are inclusive of VAT and any other applicable taxes. These prices do not include shipping costs, which are laid out separately and must be accepted by the Customer.
Under no circumstances shall the COMPANY intentionally sell more units than it currently has available.
The COMPANY shall make every effort to fulfil all Customer demands for products. However, on occasion, and due to circumstances not readily controlled by the COMPANY, including but not limited to human error or computer system incidents, it is possible that the final quantity delivered by the supplier differs from the order fulfilled by the COMPANY to meet Customer demands.
In the event that a product is unavailable after an order has already been placed, the Customer will be informed via email of the complete or partial cancellation of the order. Partial cancellation of an order due to unavailability does not authorise the complete cancellation of the order. If as a result of this cancellation the Customer wishes to return the delivered product, he or she must follow the steps stipulated in the relevant section of the present document ("Returns").
The customer agrees to pay at the time of placing the order. Applicable shipping charges will be added to the initial price of each product as it appears on the Website. In any event, said charges will be communicated to the Customer prior to finalising the purchase.
The receipt or proof of purchase corresponding to the purchase order will be available and can be viewed at www.perfectbalance.training under the section "My Account — Orders".
Payment will be taken by card using the Redsys payment gateway provided by Banco Sabadell.
The COMPANY uses the best commercially available security measures in the sector. In addition, the payment process is hosted on a secure server with SSL (Secure Socket Layer) encryption. The secure server establishes a connection to enable data to be transmitted using a 256-bit encryption algorithm, which ensures that information is intelligible only to the computers belonging to the Customer and the Website. The SSL protocol guarantees that:
The Customer provides their information to the server centre belonging to the COMPANY and not to any other destination attempting to pass itself off as such.
Data transmitted between the Customer and the server centre belonging to the COMPANY are encrypted, ensuring that they are not read or modified by third parties.
RapidSSL, the world's leading provider of SSL certificates, ensures data encryption at www.perfectbalance.training.
FINALISATION OF ORDERS
The COMPANY shall accept cancellations of orders provided that they are received prior to shipment. To cancel an order, the customer must make a request using the "Contact" form or by sending an email to firstname.lastname@example.org.
The COMPANY shall accept cancellations of orders provided that they are received prior to shipment. To cancel an order, the customer must make a request using the "Contact" form or by sending an email to email@example.com
DELIVERY TIMES, COLLECTION POINTS AND LOST ITEMS
The COMPANY undertakes to deliver the product in perfect condition to the address provided by the Customer at the time of registration, which must always reside within the Territory. In order to optimize delivery, we ask the Customer to provide an address to which orders may be delivered during normal working hours.
The COMPANY shall not be held responsible for issues with delivery in the event that the shipping address provided by the Customer on the order form is incorrect or missing.
The COMPANY informs the Customer that an order may potentially be divided into separate deliveries.
2. Delivery time
Orders are shipped using a courier company. Your order will be shipped within a maximum of 10 working days from the order confirmation. However, the COMPANY's deliveries are generally completed between 3–6 days after finalising the order.
These are average delivery times, and as such they are only an estimate. Delivery times may vary due to logistical reasons or force majeure. In case of delayed deliveries, the COMPANY shall inform the Customer as soon as possible.
Delivery will be considered as complete from the moment the transport company has handed the product over to the client, which will appear in the control system of the transport company.
Should a delayed order be attributable to the COMPANY, the Customer shall be entitled to cancel his or her order in accordance with the procedure outlined in the relevant section of the present document ("Returns"). Orders will not be considered as delayed if delivered by the transport company within the agreed time period and not received due to factors attributable to the Customer.
The cost of shipment will be calculated as each item as added and reflected in a clear and identifiable manner.
Once the order has been dispatched, an email notification will be sent notifying you that the order has been accepted and is the process of delivery.
For security reasons, the COMPANY will not ship orders to PO boxes or military bases, nor will it accept any orders for which it is impossible to identify the recipient of the order and his or her address.
3. Delivery information, missed deliveries and lost items
If the Customer is absent at the time of delivery, the carrier will leave a missed delivery slip that includes information on how to arrange another delivery. The COMPANY ensures that the hired courier service offers a series of follow-up actions to guarantee that delivery takes place.
If the order has not been delivered within 7 business days after items were confirmed as dispatched, the Customer must contact the COMPANY. Should the Customer fail to do so, 10 business days after dispatch the order will be returned to our warehouses and the Customer shall bear the costs of shipping and returning the goods in addition to any applicable handling charges.
If the order could not be delivered because the package was lost, our carrier will begin an investigation into the matter. In these cases, the response times of our carriers are generally between one and three weeks.
4. Due diligence
The Customer must verify that the package is in good condition in front of the carrier delivering the requested product on behalf of the COMPANY, noting on the delivery slip any detectable defects in the packaging. If upon inspecting the product the Customer notices any defects including dents, breakages, signs of having been opened or any damages caused to the product during delivery, he or she agrees to inform the COMPANY by email as soon as possible and within 24 hours of the delivery. After this period of time, no further issues may be addressed (notwithstanding items under warranty).
1. Returns procedure
The COMPANY accepts returns and refunds for all of its products provided that the Customer informs the COMPANY of his or her intention to return the purchased products within a maximum of 10 business days from the date of delivery and fulfils the rest of the requirements established in the present section.
The COMPANY will only accept returns that meet the following requirements:
- The product must be in the same condition in which it was delivered and kept in its original packaging and labelling.
- Returns must be shipped in the same box in which they were delivered in order to protect the product.
- The return package must include a copy of the delivery slip in which the returned items must be marked and the reason for the returning explained.
In order to make the return process easier for the Customer and ensure proper follow-up, the COMPANY establishes its return procedure as the only viable returns policy. If the reason for the return is attributable to the COMPANY (e.g. the product is defective, you have received the wrong product, etc.), the return shipping costs will be refunded. If the item has been returned for a different reason (e.g. the product is in perfect condition but simply not to the Customer's liking), the costs of return shipping shall be borne by the Customer.
In order to proceed with a return, the following steps must be followed:
- Inform the COMPANY that you wish to return an item within 7 calendar days of receipt. This can be done by sending an email to firstname.lastname@example.org or using the customer service form ("Contact").
- The COMPANY shall inform the Customer of the address to which the product must be sent.
- The Customer shall ship the return item using the courier service of their choice. Return shipping costs are to be borne by the Customer.
- Inform the COMPANY of the courier service used and the time and date of the return.
2. Customer refunds
Returning a product will issue a refund equal to the cost of the returned items minus return shipping costs.
Only in the event that the delivered product is defective or incorrect shall the COMPANY also reimburse the Customer for any applicable shipping costs.
Partial returns and cancellations will be issued a partial refund.
The COMPANY shall finalize the return payment within 10 days from when the returned item is received at our warehouses using the same system previously used for order payment. The time it takes for a refund to be processed to the Customer's account will depend on the issuing organization.
EQUILIBRIUM guarantees the purchaser of this Product ("Customer") that the yoga mat is free of material defects and/or damage caused by normal usage. The "Warranty Period" remains in force for a period of 2 years provided that only "Appropriate Use" is made of the item. "Appropriate Use" refers to the use of the mat for yoga practices and/or meditation exercises within studio-type interiors or smooth surfaces that are neither steep nor stony. Prolonged exposure to direct sunlight, or the use of mat cleaners not recommended by the COMPANY or that contain substances that may alter the product will void this warranty. The warranty is also voided if the item is scratched, broken, or stained with paints or any other substances that indicate it has not been used appropriately.
Products damaged through normal wear and tear or that have exceeded the reasonably expected lifespan of the product will not be replaced. If the Product has any manufacturing defects it is considered a Defective Product and will be replaced by the same or a similar product provided the Warranty Period has yet expired.
The terms and conditions of this warranty agreement are exclusive to yoga mats and supersede all other express, implied or statutory warranties, including but not limited to any implied warranties of merchantability or suitability for a specific purpose or any other obligatory implied warranties. Under no circumstances will the company's liability exceed the amount received from the sale of the first product. Under no circumstances shall the company be held responsible for any type of special damage, accidental damage or damage caused by failure to abide by the terms of this warranty agreement.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The COMPANY retains all legal rights to the content, design and source code of this Website, and including, but not limited to photographs, images, text, logos, designs, brands, commercial names and information appearing on the Website.
Customers and Users are warned that such rights are protected by current Spanish and/or international legislation governing intellectual and industrial property.
Furthermore, and without prejudice to the foregoing, the content of this Website is to be considered a software program and is subsequently also applicable to all relevant Spanish and/or EU legislation currently in force.
The complete or partial reproduction of this Website and any of its content is expressly forbidden without the prior express written approval of the COMPANY.
It is also expressly forbidden to copy, reproduce, adapt, alter or modify, distribute, market, publicly communicate and/or proceed with any other action that constitutes an infringement of current Spanish and/or international regulations governing intellectual and/or industrial property, or to use the website's content without prior express written approval from the COMPANY.
The COMPANY shall not grant the license or implicit authorization of any rights to intellectual and/or industrial property or to any relevant rights or property either directly or indirectly related to the content displayed on this Website.
The use of the contents of the web domain is authorized for informative and service purposes only provided the original source is cited or referenced and that only the user shall be held responsible for the misuse of the same.
ACCESS AND PERMANENCE ON THE WEB. OUR CONTENT
Customers and Users are fully responsible for their conduct when accessing the information contained on this Website, as well as while browsing and after having accessed the content.
As a result of the above, Customers and Users shall be held fully responsible by the COMPANY and any third parties for:
- The consequences that may arise as a result of the use of any of the content found on this Website, whether or not written by the COMPANY or officially published, for purposes that are illicit or otherwise in violation of the present document,
As well as the consequences that may arise as a result of the use of content that is in violation of the present document and harmful to the rights or interests of third parties, or that may in any way damage, disable or deteriorate the Website or its services, or prevent normal enjoyment of the Website by other Users.
The COMPANY reserves the right to modify the contents should it be deemed appropriate, as well as the right to remove, limit or impede access to content, whether temporarily or permanently, and to deny access to the Website to Customers and Users who misuses the content and/or violates any of the conditions outlined in the present document.
The COMPANY is not responsible for ensuring:
- That access to the Website and/or to other linked webpages is uninterrupted or error-free.
- That the content or software accessed by Customers and Users on the Website or other linked webpages do not contain any errors, computer viruses or other elements in their contents that may cause changes to your system or electronic documents and files stored on their computer system, or cause any other type of damages.
- The use of information and content found on this Website or linked webpages by Customers and Users for their own purposes.
The information found on this Website is to be considered as informative and guiding by Customers and Users, in relation to both its purposes and effects, for which reason:
The COMPANY cannot guarantee the accuracy of the information contained in this Website and therefore shall not be held liable for any potential damage or inconvenience to the User derived from any inaccuracies found on the Website.
The COMPANY shall not be held liable for any of, but not limited to, the following:
- Use by Customers of Users of materials from this Website or linked webpages, whether forbidden or permitted, that is in violation of the intellectual and/or property rights of the Website or third parties.
- Any damages or losses caused to Customers or Users as a result of normal or abnormal operation of the search tools, organisation or placement of content and/or access to the Website and, in general, any errors or problems that arise during the development or implementation of the technical elements provided to the User by the Website or program.
- Content of webpages accessible to Customers or Users via hyperlinks found on the Website, whether or not they are authorised.
- Omissions and acts of third parties, regardless of whether they may be contractually linked to the COMPANY.
- Access by minors to the contents found on this Website, being the responsibility of their parents or guardians to exercise adequate control over the activity of children or minors in their care or to install some form of parental control in order to (i) block access to content or material considered inappropriate for minors, as well as (ii) prevent the sharing of personal data without prior permission from their parents or guardians.
- Communication or conversations that take place in debates, forums, chats and virtual communities organised through the Website or linked external webpages, nor shall the COMPANY be held responsible for any potential damages or inconvenience to individual and/or groups of Customers or Users as a result of said communication of conversation.
Under no circumstances shall the COMPANY be held responsible for:
- Errors or delays in accessing the Website from the Customer's side when entering details in the order form, slowness or inability of the recipient to receive the order confirmation, or any issue that may arise when the aforementioned occurrences are due to internet connectivity problems, unforeseen circumstances or force majeure, or any other unforeseeable contingencies not infringing on the good faith of the COMPANY.
- Failures or incidents that may occur in communications, deleted or incomplete transmissions such that there is no guarantee that the Website services are constantly operational.
- Errors or damages caused to the Website by inefficient use of the services and in bad faith on the part of the Customer.
- Non-operability or problems with the email address provided by the Customer for confirmation of his or her order.
- In any case, the COMPANY undertakes to resolve any problems that may arise and offer the Customer all the support necessary to reach a quick and satisfactory solution to the incident.
The COMPANY also maintains the right to carry out promotional campaigns for predefined periods of time in order to promote the registration of new members to its service. The COMPANY reserves the right to modify the conditions of any promotions or extend them while providing due notice, and to exclude from the promotion any participants in the event of suspected deviance, abuse or unethical behaviour on the part of the latter.
CAUCHOS KAREY S.A (from this point forward Equilibrium Balance Training) (from now on CONTROLLER) will be the person responsible of the data treatment from the user and those will be process according to European Regulation 2016/679 related to the protection of natural persons with regard to the processing of personal data and on the free movement of such data, due to this we inform about the treatment:
Purpose of the proceeding: We collect, use or otherwise process personal information as allowed under applicable law, including where based on one or more of the following:
- Email Newsletters and Other Marketing Activities, by e-mail, fax, SMS, MMS, social sharing or any media platform existed now or on the future. We will engage in these activities with your consent or where we have a legitimate interest.
- For auditing purposes, to verify that our internal processes function as intended and comply with legal, regulatory and contractual requirements.
- We will engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, or because we have a legitimate interest in doing so.
- To send newsletter of the website.
Data Retention: We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. These information will be erase with the appropriate security measures to assure the adequate destruction.
Data communication: If you use Equilibrium Balance Training you will be agreeing to abide by all of the terms and conditions regarding termination of the services the length of time we have an ongoing relationship with you or whether there is a legal obligation to which we are subject,
- Right to access
- Rectification or erasure right
- Restriction of proceeding right
- Portability right
- Right to object.
- Right to exercise or defense of legal claims ( claiming to AGPD.es)
Zip code: Ctra. San Vicente – Agost, km. 803698 Agost, Alicante (Spain)
Obligation features or facultative features of the information given from the user:
Users by filling the correspondent boxes and putting on the (*) gaps on the form, accepts the treatment of its data. The User guarantees that the personal data provided to the CONTROLLER person is true and is responsible for communicating any modification thereof.
CONTROLLER expressly informs and assures users that their personal data will not be disclosed under any circumstances to third parties, and always to conduct any transfer of personal data, consent, informed and unequivocal by Users previously asked. All data requested through the website are mandatory, as they are necessary for the provision of an
optimal service to the User. In case all the data are not provided, it is not guaranteed that the information and services provided will be completely adjusted to your needs.
The controller shall take appropriate measures according to the Regulation, to provide any information to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject; adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Using appropriate technical or organizational measures.
The COMPANY may choose not to exercise the rights and powers conferred by this document, which shall not under any circumstances imply the surrender of the same without the express recognition of the COMPANY or limitation of the remedy available in each case.
APPLICABLE LAW AND ARBITRATION