Guarantee

1. Warranty period and scope of use

Evergy Fitness International, S.L. provides a commercial warranty on its products under the terms set out below, without prejudice to the statutory legal warranty of conformity established by applicable consumer protection law.

  • Private (domestic) use: additional commercial warranty of 2 years from the date of delivery.
  • Public, professional or commercial use: commercial warranty of 1 year from the date of delivery.

This warranty covers manufacturing defects, provided that the products are used correctly, properly maintained and in compliance with applicable regulations.

The delivery date shall be evidenced by a delivery note signed by the purchaser. This document and/or proof of purchase, receipt, transport document and/or invoice must be presented to personnel authorised by Evergy Fitness International, S.L.

2. Applicable legal framework

In accordance with current consumer protection legislation, in particular Royal Decree-Law 7/2021, which transposes Directive (EU) 2019/771, the following minimum statutory warranties apply exclusively to consumers:

  • New goods: minimum legal warranty of 3 years.
  • Second-hand goods: minimum legal warranty of 1 year.

Definition of consumer (summary):

  • A natural person acting for purposes outside their trade, business or profession.
  • Persons acquiring goods or services for integration into production, transformation, commercialisation or provision to third parties are excluded from this definition.

Under no circumstances shall these commercial warranty conditions limit, exclude or replace the rights granted to consumers by mandatory legal provisions.

3. Warranty coverage

Evergy Fitness International, S.L. warrants that its products are free from material and manufacturing defects.

For the warranty to be valid, the total amount of the contract must have been fully paid.

The warranty covers the free repair or replacement of the product or its components that are acknowledged as defective due to manufacturing faults, at the discretion of the authorised technical service.

4. Warranty exclusions

The warranty shall not cover, under any circumstances:

  • Damage caused by accidents, misuse, negligence, lack of maintenance or unauthorised repairs.
  • Use not in accordance with the product instructions.
  • Connections, modifications or maintenance carried out by unauthorised personnel.
  • Incorrect installation, improper assembly or use of unsuitable consumables.
  • Defects or malfunctions not attributable to manufacturing defects of the product or materials.
  • Voltage drops or fluctuations in the building where the equipment is installed.
  • Damage caused by installation of electronic products in humid environments or areas subject to sudden temperature changes.

Wear and tear parts

The warranty does not apply to parts subject to wear and tear which, due to their nature or use, may have a shorter useful life than the warranty period, including but not limited to:

  • Cables, belts, running belt decks.
  • Embedded materials, transmitters and other consumables.
  • Glass, lights, bulbs and similar elements.

Normal wear and tear, ageing of materials or cosmetic deterioration are also excluded.

5. Procedure and associated costs

If defective parts are not sent to the workshop of Evergy Fitness International, S.L., travel costs incurred by technical personnel shall be borne by the customer.

Once the commercial warranty period has expired, any technical assistance shall be invoiced in accordance with the current rates of Evergy Fitness International, S.L., including, where applicable:

  • Replacement components.
  • Labour.
  • Technician travel.
  • Transport of materials.

6. Authorised technical service

Evergy Fitness International, S.L. shall not be liable, in whole or in part, for defects or damage caused by repairs or attempted repairs carried out by unauthorised technicians.

The customer must always contact the official authorised technical service of Evergy Fitness International, S.L.. Any intervention by a non-authorised service provider shall result in the automatic loss of the commercial warranty.

7. Liability and limitations

To the fullest extent permitted by applicable law, Evergy Fitness International, S.L. shall not be liable for direct or indirect damage to persons, property or animals arising from failure to comply with the instructions for installation, use or maintenance contained in manuals, brochures or product catalogues.

Unless mandatory legal provisions state otherwise, the customer shall not be entitled to compensation for indirect damages, loss of profit or loss of use of the product, nor shall compensation be payable to third parties.