Service terms
GENERAL CONDITIONS OF SALE (CGV)
1. Seller identification
Trademark: evergy fitness
Company name: Evergy Fitness International, S.L.
CIF: B02706273
Registered office: C/ Lanzarote, 13 – Bajo B, 28703, San Sebastián de los Reyes (Madrid), Spain
Contact email: info@thomas.es
Customer service / after-sales: postventa@thomas.es
2. Scope of application and acceptance
These General Conditions of Sale regulate the contracting of products and services offered by Evergy Fitness International, S.L. (hereinafter, the “Company”), through its website and other sales channels.
Placing an order, purchasing products or expressly accepting an offer or quote implies full and unreserved acceptance of these GTC by the customer, who declares that he or she has read and understood them.
The particular conditions that, where appropriate, are agreed upon with the client and recorded in writing will prevail over these GCS only in that which expressly contradicts them.
3. Products and information
evergy fitness sells sports equipment, fitness equipment and accessories. The images, descriptions and specifications of the products are for guidance only.
The Company reserves the right to make technical, aesthetic or component modifications for reasons of improvement, availability or production, provided that they do not affect the essential characteristics of the product.
4. Prices, taxes and additional expenses
Prices are expressed in euros (€). Unless expressly indicated, prices include VAT applicable in accordance with Spanish legislation.
Prices do not include, unless expressly indicated, transportation, installation, assembly, packaging removal or other additional services, which will be detailed before completing the order or in the corresponding quote.
For shipments to territories with a special tax regime (Canary Islands, Ceuta, Melilla or Andorra), additional taxes, fees or customs procedures may apply.
The Company reserves the right to correct typographical or obvious errors in prices or descriptions. In the event of an error affecting a confirmed order, the customer will be informed and may cancel the order free of charge.
5. Purchase process and contract formalization
The contract will be considered perfected at the time the client receives confirmation of the order from the Company or expressly accepts an offer or quote issued.
The client is responsible for providing correct and complete data for the correct management of the order. Any expense derived from errors attributable to the client may be passed on.
6. Payment methods
The available payment methods will be indicated during the purchasing process or in the corresponding offer/quote.
In case of payment through financing, leasing or renting, the order will be considered accepted only after approval by the financial institution.
In the event of non-payment, the Company may apply the legally established late payment interest and the management expenses necessary to recover the outstanding amounts.
7. Modification or cancellation of orders
The client may request modifications or total or partial cancellation of the order up to 20 business days before the expected delivery date, except for products made to measure or with special finishes.
The Company reserves the right to accept or reject such requests. The lack of a written response within a period of 10 days will be understood as negative.
For cancellations requested after the deadline, the Company may invoice up to a 20% of the total order amount as compensation for management, handling and material costs.
7.1 Cancellation of online orders
The customer may request the cancellation of his order as long as it has not started its preparation or shipping process.
Once the order has been prepared, delivered to the carrier or has left our warehouse, it will no longer be possible to cancel it. In that case, if the customer does not wish to keep the product, they may request its return in accordance with our returns policy and without prejudice to the rights that legally correspond to them.
If the customer rejects delivery of the order without there being a justified incident, such as a damaged product, an error in the order or an incorrect delivery, the direct costs derived from returning the merchandise to our warehouse may be deducted from the amount to be refunded or passed on to the customer.
This condition especially applies to bulky, heavy orders or orders that require special transportation, since their return may generate additional logistics costs.
8. Shipping and delivery of products
The Company may inform the customer by email of the date of departure of the order from its warehouses and the contact details of the transport company.
From the moment the goods are made available and delivered as agreed, the Company will not be responsible for any damage that the goods may suffer.
At the time of delivery, the client or recipient must present an identification document, verify the apparent condition of the packages and reflect on the delivery note any visible observations or reservations.
Any claim for damages must be communicated in writing within a maximum period of 24 hours from delivery to postventa@thomas.es.
The Company will not be responsible for delays beyond its control, causes of force majeure or strikes.
9. Delivery methods
The Company offers “door-to-door” delivery through a transport agency. Transfer to the place of use, unpacking and removal of packaging are the responsibility of the customer.
Assembly and installation will only be included if expressly included in the approved budget.
The client may choose their own means of transportation, renouncing that offered by the Company.
10. Shipments to the Canary Islands, Ceuta, Melilla and Andorra
Orders destined for these territories are subject to customs procedures (DUA) and local taxes. The costs derived from these procedures will be borne by the client, unless expressly indicated otherwise.
11. Shipping costs
Shipping is free from 49,99 €, except for the Canary Islands or other destinations with special conditions.
12. Promotions and coupons
Discount coupons cannot be combined with products that already have discounts applied, unless expressly stated otherwise.
13. Right of withdrawal
The client may withdraw from the contract within a period of 14 calendar days without the need for justification, except in products made to measure or with special finishes.
To exercise withdrawal, the client must communicate it in writing to Evergy Fitness International, S.L. or by email postventa@thomas.es.
14. Consequences of withdrawal
The amounts paid, excluding transportation costs, will be refunded once the returned product is received and verified in perfect condition and with its original packaging.
15. Defective products and warranty
The products have a legal guarantee of conformity in accordance with current regulations. Damage resulting from misuse, impacts, incorrect installation or normal wear and tear are excluded.
16. Reservation of domain
Ownership of the products will not be transferred to the customer until full payment of the corresponding amount, with the customer being responsible for the condition of the products from the moment of delivery.
17. Protection of personal data
The processing of personal data will be carried out in accordance with the RGPD and the LOPDGDD. Complete information is available at Privacy Policy published on this website.
18. Applicable legislation and jurisdiction
These CGV are governed by Spanish legislation. For any dispute, the parties will submit to the Courts and Tribunals that correspond according to law.
19. Update of the CGV
The Company reserves the right to modify these GCS. The applicable version will be the one in effect at the time of purchase.