Conditions

General terms and conditions

These general terms and conditions govern the online sales contract between CLBEFIT  and anyone who purchases a product or service (“the Customer”) on the www.CLBEFIT.com website (respectively “the Website”). The approval of these general conditions takes place with the registration and sending of their data through the forms on the Site and the purchase of products or services, the Customer accepts these general conditions of contract. The CLBEFIT may amend or supplement these general terms and conditions at any time by publishing the updated text on the Website. If a change or integration significantly affects the rights or obligations of users, the Owner may decide to bring it to the attention of the latter by e-mail, or will notify users of the changes during their use of the service. In this case, if the Client continues to use the service after the modification or integration of the general terms and conditions, he/she hereby irrevocably accepts the same, in the new, amended or supplemented version. The Customer who does not accept the updated general conditions may stop using the Site and delete the Account.

1. ACCESS TO THE SITE AND OBLIGATIONS OF THE CLIENT

The purchase of products and services on the Site is permitted only to persons who are at least 18 years of age. In the event that the purchase of one of the services is intended for a minor, the data of a person who is the guardian must be communicated with the consequent assumption of responsibility. At the time of purchase, the Customer is required to provide true, correct and complete data. The Client is also required to immediately notify the CLBEFIT of any change in the data provided. The Client is fully responsible for the consequences in the event that he/she has provided incomplete or inaccurate information and holds the Owner fully indemnified against all claims by third parties and against all compensation for damages and/or expenses arising from or connected with such acts. The CLBEFIT shall claim such claims, compensation for damages and expenses against the Client. This also applies as an exemption from liability for the issuance of incorrect tax documents due to the data provided by the Client, the latter being the only person responsible for the correct entry. It is strictly forbidden for the buyer to enter false, and/or invented, and/or fictional data in the registration procedure necessary to activate the procedure for the execution of the sale and the related further communications. It is forbidden to make duplicate registrations corresponding to a single person and it is not permitted to create Accounts in the name of other persons, nor to log in via third-party services or other people’s accounts. The Client is personally responsible for the secrecy of his/her username and password. The Client is, therefore, in any case responsible for the use that is made of his/her username and password and indemnifies the Owner against any compensation for damages caused by the dissemination or abuse of access credentials. The purchase of CLBEFIT services entitles you to certain reserved content. In case of violations or abuses, the Owner reserves the right to delete the Customer’s profile who, consequently, will no longer be able to access the purchased service and will not be entitled to any type of refund.

2. CONCLUSION OF THE CONTRACT

The Customer who intends to purchase the products and services on the Site: a. selects the products and services and adds them to the shopping cart. b. accesses a summary page with the selected products and services, their price, delivery times and costs. Place your order using the order button. The order that the Client submits through the Website constitutes a contractual proposal. The sales contract is considered concluded when the CLBEFIT acknowledges that payment has been made for the goods or services purchased (including any shipping costs in the event of the purchase of goods) through an email notification sent by the Site or by the chosen payment channel, or through the reserved area of the Site where the status of the order placed will be consulted. The Client undertakes to verify the correctness of the personal data contained in the order confirmation and to immediately notify the CLBEFIT of any corrections. In the event of obvious errors or inaccuracies regarding the products or services on the Site, the CLBEFIT reserves the right not to proceed with the order, reimbursing any sums paid by the Customer. The CLBEFIT reserves the right to cancel order proposals that are not materialized by payment within 5 days.

3. SALE OF SERVICES

– On the Site it is possible to purchase a complete “Coaching” service, for food planning only, or for training only, or both, the characteristics and costs of which are indicated on the Site itself. In order to use the service, the Customer is required to fill out an online questionnaire and might send images of their physical fitness. On the basis of the information thus provided, the Client will receive the Coaching program if the method of delivery of the same is online, or he can book a date among those made available on the Site to go to the indicated facility and have an editorial staff of the “Live” program according to the methods illustrated. The Client who has purchased a coaching service will always be able to keep in touch with their trainer of reference only through the appropriate channel made available on the site, with the frequency and methods specified on the Site.  The characteristics and costs of the service, the methods and frequency of communications or meetings between the Client and the trainer are specified on the Website itself. The Coaching service does not automatically renew upon expiry.  In the event that no free dates are available for “Live” coaching within 30 days from the date of the order, the Client will be entitled to request the conversion of the program to online with the possible reversal of the price difference.

– Characteristics of the services and the Client’s responsibilities The Coaching services provided through the Site cannot in any way be considered as a health service nor can they be considered as a substitute or supplement to therapies or medical prescriptions. The customer who purchases these services must declare his/her state of health, and any pathologies or any state of pregnancy in order to allow the staff to better manage any physical condition. However, the staff has the right to refuse any coaching of psychophysical conditions considered “at risk” that require the intervention of any medical facilities. The Client is required to provide the information requested by the CLBEFIT and necessary to make adequate use of these services. The Client is responsible for the information provided and for any possible damage resulting from the communication of untrue, incomplete or otherwise incorrect information, as well as for any damage resulting from his omissions in the communication of the information necessary to use the service; such as, but not limited to, intolerances or allergies and accidents. The Client is obliged to immediately notify the CLBEFIT of any change in his/her state of health or physical condition that occurs during the contractual relationship. If the Client declares or communicates untruthful information relating to his/her state of health or physical condition, the contract is considered terminated by law.

If the client does not show-up at a training session, or cancels a training sessions the same day or one working day before the due date, that session will not be reimbursed or re-scheduled, and the client will just lose that session.

5. PAYMENT METHODS

The following payment methods are accepted:• CREDIT CARD• PayPal• BANK TRANSFER : By choosing this payment method when ordering online, it will be possible to make the credit by bank transfer in advance, online or at the bank office. The reason for the transfer must include the order number, which will be communicated by e-mail confirming the purchase. The bank transfer will be considered valid if made within 5 working days of receipt of the purchase confirmation. Within the next 5 working days, the Account Holder will verify the credit and proceed with the order execution procedure. The Account Holder reserves the right to cancel the order in case of non-receipt of the transfer. In the event that the amount of the transfer does not correspond to the amount of the order, the Customer will be contacted to agree on the correct methods of processing the order. We recommend that you send proof of payment to the email address clbefit@outlook.com.

7. LIABILITY

The Client accepts that the Website and any services provided contain only the features expressly described that the Client accepts at the time of using it. Therefore, the CLBEFIT expressly excludes any type of guarantee, promise and indemnity, implicit or tacit, nor can it be called upon to answer for the results or the satisfaction of the Customer’s expectations with respect to the services purchased. In any case, the Owner is not liable for any damage, loss, cost or expense (including loss of profit, legal fees, etc.) that may be suffered or incurred by the Client due to:

  • improper use, and/or not in accordance with the instructions received, of the Site or services by the Client;
  • misunderstanding or non-compliance by the Client with the obligations, rules and commitments contained in these general terms and conditions;
  • violations of the rights of third parties concerning or resulting from the use of the information provided by the Customer;
  • Claims that occurred at any stage of the transaction (viewing of assets, collection, etc.);

If, notwithstanding the above, the Owner is nevertheless liable for damages of any origin, its obligation to compensate is limited to the maximum extent of the amount paid for the product or service purchased and in relation to the direct damages suffered by the Customer as a result of non-compliance or tort attributable to the Owner with respect to these terms and conditions of contract and which was foreseeable at the time of conclusion of the contract.

In any case, the CLBEFIT cannot be held responsible for any inefficiencies caused by malfunctions of the internet network or by force majeure events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of orders within the scheduled timeframe.

8. COPYRIGHT PROTECTION

The Client acknowledges to the Owner the exclusive ownership of all parts of the Site and the contents of the services, such as, by way of example but not limited to, the logos, images, texts, contents of the Coaching programs: it follows the prohibition of commercial use, total or partial reproduction,  of re-elaboration and transmission in any form and by any means, unless prior written authorization of the CLBEFIT. The Client, who is responsible for the storage and secrecy of the credentials assigned to him, is the holder of a non-transferable personal right of use and possible access to the reserved area of the Site, undertakes not to let third parties use and/or view the services purchased on the Site, refraining from carrying out any act that infringes the rights of the CLBEFIT, holding the same harmless from any claim deriving from the use of third parties.

9. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are governed by European law. The Customer who qualifies as a consumer may try to resolve any dispute relating to the purchase made on the Site through the ODR (Online Dispute Resolution) platform, created and managed by the European Union. The Client can access the ODR platform from this link:https://ec.europa.eu/consumers/odr. Any dispute relating to these General Terms and Conditions of Sale, if not resolved amicably, shall be subject to the exclusive jurisdiction of the court of the Client’s place of residence or domicile.

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