TERMS AND CONDITIONS

INTRODUCTION

The present conditions of use of the web page, regulate the terms of access and use of www.movingmood.com property of Fit and Sit SL (Rut Turró Pascual) and e-mail [email protected] in ahead, “the Company”, that the user of the portal will have to accept to use all the services and information that are facilitated from the portal.

The user as well as the Company, owner of the portal, may be jointly referred to as the parties. The mere access or use of the portal, all or part of its contents and services signifies full acceptance of these conditions of use. The provision and use of the portal is understood to be subject to strict compliance with the terms contained in these conditions of use of the portal.

WEB PORTAL CONTENT

Information and services

Users can access different types of information and services through the portal. The portal reserves the right to modify, at any time and without prior notice, the presentation and configuration of the information and services offered from the portal. The user expressly acknowledges and accepts that at any time the portal may interrupt, deactivate and/or cancel any information or service. The portal will make its best efforts to try to ensure availability and accessibility to the web. However, on occasions, for reasons of maintenance, updating, change of location, etc., may result in the interruption of access to the portal.

Responsibility of the Portal for the contents

Opc A. The application does not intervene in the creation of those contents and/or services rendered or supplied by third parties in and/or through the application, in the same way that it does not control its legality either. In any case, does not offer any kind of guarantee on them. The user acknowledges that the application is not and will not be responsible for the content and / or services provided or provided by third parties in and / or through the application. The user accepts that the application will not assume any responsibility for any damage or prejudice produced as a consequence of the use of this information or services of third parties.

Except in cases where the Law expressly imposes the contrary, and exclusively to the extent and to the extent that it imposes it, the application does not guarantee or assume any responsibility with respect to the possible damages caused by the use of the information, data and services of the application.

In any case, the application excludes any liability for damages that may be due to the information and / or services provided or supplied by third parties other than the Company. All liability shall be borne by the third party, whether supplier, collaborator or otherwise.

Opc B. The application will control the legality of those contents or services provided through the platform by third parties. In case that the user as a consequence of the use of the application suffers some damage or prejudice it will be able to communicate it and the measures will be taken that are considered opportune to solve it.

User Obligations

The user must at all times respect the terms and conditions set out in this legal notice. The user expressly states that he/she will use the portal diligently and assuming any responsibility that may derive from non-compliance with the rules. The user undertakes, in those cases where data or information is requested, not to falsify his identity by pretending to be any other person. The user accepts that the use of the Portal will be made for strictly personal, private and private purposes. The user will not be able to use the portal for activities contrary to the Law, the moral and the public order as well as for prohibited purposes or that violate or injure rights of third parties. Likewise, the dissemination, storage and/or management of data or contents that infringe the rights of third parties or any regulations regulating intellectual or industrial property rights is prohibited. Likewise, the user may not use the portal to transmit, store, disseminate, promote or distribute data or content that are carriers of viruses or any other computer code, files or programs designed to interrupt, destroy or impair the functioning of any program or computer or telecommunications equipment. The user undertakes to indemnify and hold the portal harmless for any damage, sanction, fine, penalty or indemnity that the portal may have to face.

LOPD Compliance

The portal adopts for the treatment of the data all the technical and organizational measures of security that are of obligation, in accordance with the established by the effective legislation. The user expressly states that any personal data or that of a third party to which he or she accesses, introduces, modifies or suppresses has the right to do so or has the express authorisation of this third party. The portal informs users that they may exercise their rights of access, rectification, opposition and cancellation at the following address: Avda Ernest LLuch 32, 08302-Mataró. [email protected]


SALES CONDITIONS

ONLINE ACADEMY AND VIRTUAL SERVICES

User of the service or product contracted.

We inform you that access to contracted services and/or products is nominal and in favour of a single natural person (hereinafter, the user) who must be identified with Name and Surname, NIF and email at the beginning of the contract (unless expressly stated otherwise in the promotional or sales actions and in writing by Fit and Sit SL). This natural person will be the only one entitled to access content, mentoring or any other format offered for each service or product by means of a single email account authorised to access content, materials or the private area.

If for any major reason this account should be changed, with prior agreement with Fit and Sit SL, the contracting party will notify this in writing at least 1 week in advance and by email to [email protected] and it will imply the cancellation of all access to the previous account. The contracting party will assume all the effects that the change of ownership of the user may have and will not imply, in any case, the repetition of stages, phases, contents or any other that the previous user had already carried out. No change in the user’s ownership of the programme is foreseen during the execution of the programme.

Duration of the contract

The duration of each service and/or product is as advertised on this website in each case. The user undertakes to comply with the deadlines and terms provided for each of the services and/or products contracted through our website. On the other hand, Fit and Sit SL reserves the right to modify the duration of a service and/or product from time to time as long as it involves extending it in time but never reducing it, without the need for justification but with communication via the e-mail address with which the user is registered.

Shipping method and delivery times

There are no shipping costs or any other additional costs. Once the payment is confirmed, the buyer will receive 3 emails to enter the Moving Academy Platform and immediately access the course he/she has chosen.

Access to content associated with a programme or course

The user will have permanent access to the contracted training content for 1 calendar year from the date of contracting (365 days). This includes access to any possible updates, improvements or modifications that are made to said programme or course without Fit and Sit SL being obliged to maintain the previous format and/or content (noting that the modifications will always be made with the aim of improving the quality of the product, at the discretion of Fit and Sit SL), without this implying any type of economic surcharge for the user.

Upon expiry of this natural period of 1 year, the user will no longer have access to any content related to the contracted service or product. In some cases, an annual maintenance fee is foreseen, if the user is willing to continue accessing updates and new versions.

Price of payment

Course prices are indicated in euros and include the taxes applicable on the day of the order. The price invoiced to the buyer is the one indicated in the payment confirmation on the website, at the end of the enrolment process. If the enrolment is done externally to the website, the price invoiced will be the one indicated via e-mail by MovingMood.

Issue of Certificate

If the student completes the course in a satisfactory manner (by completing the minimum amount of practice and self-assessments) MovingMood will send a Certificate of Achievement, detailing the course content and grades. 

This certificate will be sent in digital format (pdf) to the email address that the student has indicated in the formalisation of their enrolment and registration.

Course enrolment

For any incidence in the enrolment in courses through the Virtual Shop, the client should contact MovingMood by phone +34 639774822 or [email protected]

Right of withdrawal from the contract

Given the digital nature of the products offered on this Web Portal, Users do not have a recognised right of withdrawal, in accordance with the provisions contained in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws.

Confidentiality agreement

Fit and Sit SL will at all times respect the confidentiality and privacy of the information provided by the user, on the understanding that all information provided by the user will only be used within the framework of the service and/or product contracted and for the agreed purposes.

For his part, the user also undertakes to respect and keep confidential the information that he can access through Fit and Sit SL. This commitment includes the materials and/or contents that the user receives in the programme and/or information about other participants in the case of group services and/or products.

Intellectual property and copyright

The contents of the website, including, among others, the images and texts of the articles, whatever their format, programming language and form of representation, are the property of Fit and Sit SL, or it has acquired the corresponding rights from their owners, and are protected by the laws and international treaties on intellectual property. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, it is expressly forbidden to copy, reproduce, sell, transmit, distribute, republish, modify or display for commercial use without the prior consent of Fit and Sit SL. The User undertakes to respect the Intellectual and Industrial Property rights owned by Fit and Sit SL.

Version

These Terms and Conditions are dated 26/ 05/2021 and any modification of their terms will be published on this website.


3D Orders or Services

To place an order the customer must enter a series of data so that the transaction of purchase and shipping can be done correctly. Once the order is placed, it will not be considered confirmed until the customer’s bank or cash ratifies the payment.

Availability of stock

There may be products that do not have the planned availability. Products can be ordered anyway and will be shipped as soon as possible. In case of a long delay, the customer will be informed of it.

Cost

Shipping costs are borne by the customer and throughout the order process will be informed of them. If an error is detected in the prices shown on the website once the order has been processed, the customer will be informed and if the cost was lower will be paid the difference and if higher, the customer will be given to choose between the payment of this difference or cancellation of the order.

Terms of payment

The customer declares that he/she has full capacity to make the purchase, being of legal age and in possession of a valid credit or debit card issued by a bank acceptable to the company. The Customer guarantees and is responsible for the validity of all card details provided.


Methods of payment accepted on the website

Payments will be made online. The user will enter the data requested in the secure banking platform. These data will not be stored in any case in MovingMood (Fit and Sit SL). The banking platform will inform MovingMood of the validity of the purchase. Only in the case that the sale is fully confirmed MovingMood will consider the purchase completed and proceed with the registration. MovingMood does not know the reasons for the refusal of the banking platform.

Fit and Sit SL offers the following payment methods for your orders:

  • Online payment by credit/debit card through the payment gateway.
  • Payment by PayPal (depending on the geographical location, you may or may not be asked to create an account with this payment method) with an additional cost, payable by the buyer.
  • Other payment methods, external to the website, are also available. If requested, a Movingmood advisor will contact you to arrange this.

Once the customer’s bank or cashier confirms the payment, the order is considered confirmed.

Fit and Sit SL reserves the right to cancel the transaction. In case of modification of the invoicing data, this cannot be done after the quarterly closing date.

Invoices without VAT

Customers who need invoices without VAT, such as customers from the Canary Islands, Ceuta, Melilla or Andorra or other countries outside the European Union, or companies with an intra-EU VAT number, can place their orders by email at [email protected]

Please note that once payment of a VAT invoice has been accepted, it can no longer be cancelled, so if you wish to receive invoices without VAT, please let us know by email before making the purchase on the website.

Shipping method and delivery times

The products purchased from Fit and Sit SL are delivered by private courier to the address that the customer has indicated at the time you placed your order. It is the responsibility of the customer to provide accurate and complete information, such as street, zip code, city and a valid telephone number. 

Movingmood will not, in any case, be responsible for any delay in delivery that is due to the complementation of an incorrect or incomplete address by the customer.

If the customer subsequently modifies the place of delivery, he shall be liable for any additional costs over and above the selling price that may be generated.

The term between the accomplishment of the order and the delivery will be in function of the availability of the stock, being the habitual terms between 24 and 96 hours in working days not including weekends.

Although Fit and Sit SL does everything possible to respect the deadlines, is not responsible for the consequences of delay in shipping or a loss of the package if they are due to causes beyond its responsibility.

In case the responsibility is attributable to Fit and Sit SL, the insurance would cover the loss.

When the customer receives the package with your order, you must verify that everything is correct according to your order and in good condition. If the customer is satisfied, he must indicate on the delivery note of the courier the reason for his disagreement and contact Movingmood at [email protected] within 24 hours.

Return policy for 3D products

If you wish to make a return, please contact us by email at [email protected] We will send you a form with instructions to follow. You have 10 working days to return a product. This period applies from the day of receipt according to the carrier’s stamp.

Important notice:

  • The product must be in its original packaging, with all its accessories and with the invoice.
  • The material must be received in perfect condition. Items sent incomplete or damaged will not be accepted.
  • The responsibility of loss or damage of the product during the shipment, will be of the client.

If you comply with all these requirements, we will refund the amount of the returned item, always through the same form of payment. If the device has any damage, the amount of its repair will be deducted from the return.

Warranty

The replacement or repair of products sold in the event of being defective or unsuitable for use, will comply with the provisions of Law 23/2003, of July 10, Guarantees in the sale of consumer goods and General Law for the defense of Consumers and Users, in terms of sales made to individuals (individuals) and the Code of Commerce and other applicable regulations if the purchase is made by a professional, merchant or legal person. All products sold in Fit and Sit SL. include the 3D filament manufacturer’s warranty.

It is very important to bear in mind that some products of Fit and Sit S.L. are DIY (mount it yourself) and that for this reason it is not possible to guarantee the good functioning of the final project, given that it is the client who manipulates the components and carries out the assembly.

The guarantees do not apply to the following cases:

  • Fit and Sit S.L. will not be responsible for any damage caused to its products by negligence, misuse or mistreatment by the customer, including a bad installation or testing or by alterations or modifications made in any way by the customer.
  • Expenses related to periodic maintenance, repair or replacement of parts by normal wear and tear.
  • Damage caused by natural phenomena or accidents that are not the responsibility of the manufacturer.
  • The model has been altered.
  • Products already repaired by technical services not recognized by Fit and Sit S.L. Fit and Sit S.L. will be able to reject, motivated, to apply such guarantee for the reasons exposed in the previous point.

In the event that the product is considered irreparable, cannot be repaired or the cost of the repair is disproportionate to its value, will be replaced by another exactly the same. If the latter possibility is not feasible, you will be offered a product of identical or superior characteristics.

Unauthorized use

The customer who purchases products from Fit and Sit S.L. is not authorized to use them for critical safety applications where a possible failure of the product could endanger the physical integrity of people, causing serious injury or even death. Critical safety applications include, but are not limited to, life saving devices, nuclear facility management systems and weapons. Fit and Sit S.L. products are not designed or intended for use in military or aerospace applications, or in automotive or environmental environments or applications. The customer accepts and assumes that any use of Fit and Sit S.L. products in any of these applications will be at their own risk and therefore the customer will be solely responsible for complying with all legal and regulatory requirements, licenses, permits, etc., in relation to such use, and also solely responsible for any damages that may cause such activities.

Courts

Due to the technical complexity of the products that is not within the reach of ordinary judges, both contracting parties agree to submit their disputes before the Tribunal d’Arbitratge Tècnic de Catalunya.