The present agreement regulates the general conditions of purchase of the diverse products and services offered in the present web page by AGONGYM SPORTSWEAR, S.L. (hereinafter AGONGYM) with NIF nº B42801027 and domiciled in c/ Joana Jugan 2, Bajos 13 of (43002) Tarragona (SPAIN).
The CLIENT acknowledges having sufficient legal capacity to be contractually bound.
This contract is permanently accessible in the legal notices on our website, and can be downloaded in PDF format at the time of contracting.
1-PRICES AND TAXES
In consideration for the product purchased, the CLIENT expressly agrees to pay AGONGYM the amounts specified at the time of purchase in the list of prices set out on the website https://agongym.com/ for the products chosen.
The products offered on this website are subject to Value Added Tax (VAT) which IS INCLUDED in the prices detailed for each product.
The delivery of the articles will be understood to be located in the territory of application of VAT if the delivery address is located in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time, depending on the specific item in question. For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
*Orders over 150€: check conditions with the Support Department en:email@example.com. Discount codes are exempt from these conditions after application.
Please check the conditions of use of promotional codes due to their restrictions on specific dates such as sales, Black Fridays, Special Days, etc.
In the case of shipments to European Union countries, Spanish VAT will be deducted and the VAT rate corresponding to the destination country will be applied according to the annual turnover in that country.
VAT will not be applied to deliveries to countries outside the EU. However, these orders may be subject to import and/or customs duties, depending on the regulations of each country.
In the event that import and/or customs duties are applied, these shall be borne by the recipient. These costs may vary depending on the country of destination, so in most cases, the costs cannot be estimated prior to delivery.
Shipping costs are NOT included in the price of the products.
Once the selection of products has been completed and prior to the confirmation of the order and before proceeding to the payment of the same, the final price of the purchase will appear on the screen, which will include VAT (Value Added Tax), handling, packaging and shipping costs, if applicable, which will be reflected in the order form at the time of purchase and in the invoice.
Anything not specified in the description as included is not included.
Through this website orders can only be placed by individuals over 14 years of age and companies.
In the web page all our products are detailed individually. The procedure to make and manage the purchase will be indicated on the website and only the following steps must be followed:
- Choose the product you wish to purchase.
- When you select a product, it can be added to the Shopping Cart and you can choose to continue shopping or to process the order.
- To process the order you will have to fill in a form with your personal data to formalize the purchase procedure.
- Then, you will proceed to the verification of the order where the selected articles are detailed one by one and the total price is calculated.
- It will also be necessary to indicate the billing and delivery addresses of the purchase made. It will be possible to indicate a unique address for invoicing and delivery.
- Once the process has been completed, it will be necessary to check a box to verify that you have read and accepted the terms and conditions of sale.
- On the web page you will be provided with the mechanisms to make the payment depending on the system chosen in each case.
- Once the payment details have been entered, you must confirm the order by clicking on the "Buy" button.
- Once the "Buy" button has been pressed, the delivery of the product will be managed.
The CUSTOMER is informed that the photographs and descriptions of the products on the website are an approximate image of the products and services offered so it is possible that they may differ from the original. The descriptions and illustrations of the products offered through this website are for information purposes only.
In all our size guides we express the necessary body size for the garment to fit, for any questions please contact our support team at: firstname.lastname@example.org
3-AVAILABILITY AND DELIVERY
The products offered by AGONGYM are available for distribution anywhere in the world.
Orders will be processed once payment has been correctly received.
The products offered by AGONGYM will always be subject to availability, which will be specifically indicated on our website for each product, so in case of unavailability of any item offered, the customer will be duly informed of the lack of availability for the purchase. In normal conditions, all the products that appear in our Web are available for delivery in the indicated terms.
In cases where, once the order has been placed, the product contracted by the CUSTOMER is out of stock, the CUSTOMER will be duly informed and will be offered an alternative product of similar characteristics of equal price and quality to the one purchased. If the CLIENT is still not interested in accepting the proposed alternative, AGONGYM will proceed to refund the amount already paid and will inform the CLIENT of the procedures and deadlines for reimbursement.
*On launch dates or other events (sales, Black Friday, Special Days etc.) the return of the garment or garments will be made without prior notice due to lack of stock, thus receiving the amount paid in the following 4/5 days from the confirmation of the refund via email.
As a general rule, the maximum delivery time at home will be 24 to 48 hours from the time the garment is made and leaves our facilities with subsequent delivery to the shipping company. If the destination is outside the Peninsula will be higher depending on this. These delivery times are approximate and in no case binding for AGONGYM. Deliveries will be made on working days (Monday to Saturday).
The delivery of the product purchased at home will be made by the carrier together with a delivery note at the address indicated in the order form that the customer must sign as a document of receipt. Likewise, the CUSTOMER will be duly informed in the event of an incident or delivery is delayed for any reason. For COVID-19 reasons, the shipping company will decide whether the delivery signature will be made.
If delivery at the indicated address is not possible due to the absence of the addressee, the carrier will contact the CUSTOMER directly, and will indicate in detail the steps to be followed. This detail may be modified if the shipping company sees fit, leaving AGONGYM exempt from any decision and/or result. In the event that the impossibility of delivery is caused by an erroneous address, the cost of reshipment of the order shall be borne by the CUSTOMER. AGONGYM is not responsible for delays in the delivery of purchased parts due to causes attributable to the carrier.
The approximate waiting time for International orders does not exceed twenty (20) working days from the departure of our warehouses and subsequent confirmation of the shipping company once the relevant information has been provided by the CUSTOMER. AGONGYM is not responsible for delays in the delivery of purchased parts due to causes attributable to the carrier.
In order for you to be informed at all times of the management of your purchase, you will receive by e-mail a notice of the confirmation of your order and payment.
Hours before the reception of the package, the shipping company will provide you with the tracking number and the approximate date of delivery.
4-PAYMENT AND PAYMENT TERMS
The following forms of payment are accepted:
- Credit and Debit Card: The transaction is made through e SHOPIFY PAYMENTS connecting directly through their payment gateway.
- Paypal: Connecting directly with Paypal.
- G Pay: Connecting directly with Google's payment gateway.
Once the payment has been made, you will receive a confirmation email.
AGONGYM has no knowledge of your credit card details. All our payment systems are totally secure.
Payments are prior to the delivery of the product or service, so AGONGYM will not provide the requested product until it has received payment for it. AGONGYM reserves the right to cancel temporarily or permanently the services provided, in case of any incident regarding the collection of the same.
Your invoice will be sent to the email indicated by the CLIENT if he/she requests it to the contact email: email@example.com. It must indicate the order number and all the relevant information for its correct execution.
The CLIENT is responsible for the confirmation of the reception of the notifications and for informing us of any modification on his data, being AGONGYM exonerated of any responsibility derived from this circumstance.
All our products are subjected to quality controls and are guaranteed against production defects for a period of 2 years from the date of delivery of the product. The warranty covers any manufacturing, design or material defect, although it will be necessary that the lack of conformity is revealed within 2 months from the date of delivery. The warranty covers only defective products. It does not cover bumps, stains, tears due to improper use, or others that are not attributable to a defect of the supplier or a defect in the product. During the warranty period, the CUSTOMER may return the product and we will repair or replace it at the company's discretion. Transport costs generated by returns under warranty will NOT be borne by the CUSTOMER unless the garment is to be returned, for such movement shall be borne by the CUSTOMER.
In case of garment with tare/possible arrival tare, AGONGYM must be informed within 48 hours from the reception of the package at the destination address, otherwise the request will be rejected.
The warranty document is the purchase invoice.
7-EXCHANGE OF SIZE
In order to proceed with the change, an email must be sent to firstname.lastname@example.org providing the order number in the subject, from the email reflected in our platform, otherwise, and for data protection, the request can not be managed by our Support Department.
In the event that the user, upon receipt of the order, requires an exchange for error in the size in any of the products received and in accordance with the General Law for the defense of Consumers and Users, shall have a period of fourteen (14) calendar days from receipt of the order to proceed with the complete request for the change.
Each product to be returned must be unused and with all its labels, packaging and, if applicable, documentation and original accessories that came with it and in its natural location of manufacture without signs of removal (labels, stickers...). AGON GYM reserves the right to refuse the change, to those users who request the change after the deadline and/or whose product return does not comply with the stipulated in this paragraph.
To formalize the change, the user must contact AGON GYM at the following e-mail address email@example.com in the following seven (7) days after the reception of the order, providing the order number. Once received the above mentioned communication, AGON GYM will indicate the way to proceed to carry out correctly the request of change taking into account the term of fourteen (14) days according to the General Law for the defense of the consumers and Users from the reception of the package. AGON GYM makes available to the user all the complete management of collection and delivery of the new desired garment with its stipulated costs borne by the customer.
From the confirmation of payment of such request the process may take up to a week to be completed.
To proceed with the return you must send an email to firstname.lastname@example.org providing the order number in the subject, from the email reflected in our platform, otherwise, and for data protection, the request can not be managed by our Support Department.
The following conditions of return of our products do not apply in the case of exercise of the right of withdrawal.
Returns or exchanges of products will only be accepted in the event of manufacturing defects, transport damage or delivery errors. In any case, no more than 14 days must have elapsed since receipt of the product and the packaging and accessories must be included. In order to formalize the exchange, the user must contact AGON GYM at the following e-mail address email@example.com within seven (7) days of receipt of the order, providing the order number. It will be verified before the acceptance that it is a defect or anomaly of manufacture or packing and not an inadequate or negligent use, manipulation or storage. They will always be accompanied by the corresponding delivery note or invoice.
Both in the case of return due to manufacturing or packaging defect and in the case of error in the order, the CUSTOMER will be offered, if possible, the repair of the part or its replacement by another alternative at no additional cost and without the right, on the part of the CUSTOMER, to any type of compensation. The expenses generated by the shipment of the repaired or correct order shall be borne by AGONGYM.
In any case, the return will always be subject to prior examination by AGONGYM of the state of the product being returned and verification that the requirements of these conditions of sale have been met. Once the return has been received and if applicable, we will refund the amount charged within a maximum period of 30 days and in the same terms used to make the payment.
AGONGYM reserves the right to refuse returns communicated or sent after the deadline or products that are not in the same condition in which they were received.
The returns will be managed by sending an email to firstname.lastname@example.org with a description of the reasons and the alleged causes for the return. It will also be necessary to indicate the name and surname and the reference number of the order. Once we receive the request, we will process it in a timely manner.
9-RIGHT OF WITHDRAWAL
To proceed with the withdrawal you must send an email to email@example.com providing the order number in the subject, from the email reflected in our platform, otherwise, and for data protection, the request can not be managed by our Support Department.
Given the nature of the product (supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and have been unsealed after delivery) and in accordance with Article 103 point e of Royal Legislative Decree 1/2007 of 16 November on the Defense of Consumers and Users, the right of withdrawal is not applicable to this contract.
So that, as provided in Article 103. e) of the TRLGDCU, you will have the right to withdraw from this contract, when the goods have not been unsealed after delivery or these can be returned once unsealed to have no effect on health or hygiene.
In those cases where applicable, the withdrawal period shall expire 14 calendar days from the day you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.
To exercise the right of withdrawal, you must notify AGONGYM SPORTSWEAR, S.L. by e-mail: firstname.lastname@example.org, of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form below, although its use is not mandatory.
Model withdrawal form
I hereby inform you that I withdraw from my contract of sale of the following goods:
To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the withdrawal period.
Consequences of withdrawal:
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by us) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
The CUSTOMER shall bear the direct costs of returning the goods, whereby the cost of collection shall be deducted from the refund, except in the case where the reason is defective quality or shipping error on our part.
In case of a partial withdrawal of the order, the delivery costs will not be refunded and the CUSTOMER is responsible for the cost of return.
We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any costs as a result of the refund.
We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.
Upon notification of the withdrawal request, you must return or deliver the goods directly to us without undue delay and in any event not later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the deadline has expired.
The goods to be returned must be in perfect condition, not damaged, deformed, or show signs of wear, scratches or stains. You shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
10-PERFECTION OF THE CONTRACT AND MODIFICATIONS OF THE SERVICES
The present contract shall be perfected with the payment of the product and the sending to the CLIENT of a confirmation e-mail with a description of the purchase made.
AGONGYM reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and that is of benefit to the CLIENT.
11-OBLIGATIONS OF THE PARTIES
AGONGYM undertakes to provide the CUSTOMER with the products and services that have been contracted by applying the maximum diligence in the provision of the service, as well as to take care of the maintenance of the facilities necessary for the operation of the network, having for this purpose an adequate technical and computer equipment, and to manage the logistics operations, shipment and delivery of the purchase made through the carrier.
The CLIENT undertakes to use the services made available to him in good faith, without violating the laws in force in any matter or infringing the rights of third parties, as well as to pay for the selected product in the time and manner set out in these conditions of sale and to receive it at the place indicated for delivery.
AGONGYM does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. Therefore, the CUSTOMER agrees to bear within reasonable limits these circumstances, and therefore expressly waives any contractual or extra-contractual liability to AGONGYM for possible failures, errors and use of the contracted service.
All notifications between the parties shall be made preferably by e-mail. The CLIENT is responsible for the confirmation of the reception of the notifications and for informing AGONGYM of any modification on its data, being exonerated from any responsibility derived from this circumstance. In case of modification, the CLIENT shall inform AGONGYM in the e-mail or telephone numbers indicated on our website.
In compliance with the article 21 of the Law 34/2002 of Services of the Society of the Information and Electronic Commerce, we inform you that our commercial shipments and information relative to our web and to the products offered in it, will be made by means of electronic mail to the e-mail address that you facilitate us, always with revocable character. In any case, you have the option to reject our commercial communications in the commercial mail itself or by sending an e-mail to the address email@example.com indicating in the subject the word UNSUBSCRIBE.
13-COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT
The CUSTOMER acknowledges that he/she has understood all the information regarding the products and services, including, if applicable, the delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, and therefore states that they are sufficient for the exclusion of error in the consent of this contract, and therefore, accepts them fully and expressly.
The CLIENT is fully aware that the acceptance and execution of this contract will take place through the provision of their data and clicking on the "Buy" button indicated on our website and that it will be perfected with the payment of the service.
This contract is of a commercial nature, and shall be governed and interpreted in accordance with Spanish law.
In the event of any discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties shall submit to the courts or tribunals that are competent in each case, provided that the user is a consumer.
In those cases in which it is foreseen that the parties may submit to a jurisdiction, they will submit to the Courts and Tribunals of Tarragona (Spain), expressly waiving any other that may correspond to them.
We also provide our customers with the following link to access the official online dispute resolution platform of the European Commission:
Attention: The present General Terms and Conditions of Purchase have been updated on 2/25/2021. We may modify them at any time, as well as change the list of prices and products offered. Please check the date of issue each time you log on to our website to ensure that no changes have been made that may affect you.