GENERAL CONDITIONS OF SALE

bimgym.com 2022

1. IDENTIFICATION OF THE PARTIES AND GENERAL INFORMATION

The ownership of this website BIM GYM, (hereinafter Website) is held by: Salvador Cristóbal Bernal Martín del Campo, in his capacity as Provider, and whose contact details are:

Address: Provença 242 entlo. 2, Barcelona, CP 08008, Spain

Email contact: info@bimgym.com

Any person, whether natural or legal, who accesses, navigates, uses, or participates in the services and activities, free or onerous, developed through this Website assumes the condition of User (hereinafter referred to, indistinctly, individually as User or jointly as Users), and as such, through such access, undertakes to the observance and strict compliance with all the provisions set forth herein and its subsequent amendments, as well as compliance with any other legal provisions that may be applicable, thus obliging to make proper use of the Website.

The purpose of this document (as well as other documents that are referenced herein because they are related to the proper development of the same) is to regulate the conditions governing the use of this Web Site and the purchase or acquisition of subscriptions and/or services in exchange for a certain price and publicly displayed through the website (hereinafter, Conditions).
The scope of these Conditions shall apply to the following activities offered by the Website:

  • Monthly subscription to informative content
  • Annual subscription to informative content
  • Personalized consulting service

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of the website. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these General Terms and Conditions of Sale.
Thus, the User accepts the contents of this document and, more specifically;

That he/she has read, understands what is set forth herein and that you accept these general contracting conditions from the moment you make use of the Website and/or purchase any product and/or service through it.

That he/she is a person of legal age according to Spanish law (18 years old) and with sufficient capacity to engage in a contract.

That he/she assumes all the obligations set forth herein.

The owner of this Web Site reserves the right to modify, at any time, the presentation and configuration of the Web Site, as well as these General Conditions. Therefore, the User is responsible for consulting the Conditions that are in force each time he/she accesses, navigates, and/or uses the Website and that will be applicable to the purchase of products and/or services.

Users of any of the services and materials offered on this website will always have the General Conditions of Contract in a visible place, freely accessible for as many queries as they wish to make.
For any doubts and/or questions that the User may have in relation to the present Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.

2. USER RESPONSIBILITY

The User undertakes to make correct use of the Website and, in order to guarantee its optimal functioning, to observe the following conduct:

  • Use this Web Site only to make legally valid inquiries, purchases, and/or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be canceled and the relevant authorities will be informed.
  • Not to reproduce, copy, distribute, make available, publicly communicate, transform or modify the contents of the Website and, in any way, infringe intellectual or industrial property rights, without the express authorization of BIM GYM.
  • Provide truthful and lawful contact data, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Terms and Conditions of Use).
  • Use the information provided on the BIM GYM Web Site at your own risk.

The User may conclude, at his/her election, with the Provider the contract of sale of subscription, consultancy, and/or services desired in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

The duly registered Users, through the process of account creation and login, can make purchases on the Website by the established means and forms. They should follow BIM GYM’s online purchase and/or acquisition procedure, during which subscriptions, consulting, and/or other services can be selected and added to the payment gateway, basket, or final shopping space and, finally, click on: “Buy”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an e-mail confirming that bimgym.com has received his/her order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, the User will also be informed by e-mail when his/her purchase is being sent. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via e-mail and, if applicable, via the User’s personal connection space on the Website.

The User acknowledges being aware, at the time of purchase, of the particular conditions of sale concerning the subscription, consultancy, and/or service in question and which are shown next to the presentation or, where appropriate, an image of the same on the page of the Web Site, indicating, by way of example, but not exhaustive, and on a case-by-case basis: Subjects, duration, mode in which it will be carried out, and cost of the services; and acknowledges that the realization of the purchase of the subscription, consulting, and/or other services, materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders, and payments that intervene during the transactions carried out on the Website may be filed and kept in the computerized records of bimgym.com in order to constitute a means of proof of the transactions, in any case respecting reasonable conditions of security and the laws and regulations in force in this regard that are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by bimgym.com through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the provision of the services. In the event of difficulties in the supply of products, the Provider undertakes to contact the User and reimburse any amount that may have been paid. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Web Site are final prices, in Euros (€), and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but the possible changes will not affect orders or purchases that have already been placed and processed by the User in accordance with the procedure set forth in the third clause “purchase or acquisition process”.

Accepted means of payment will be: Credit or debit card, and Stripe.

bimgym.com uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to verifications and authorizations by the issuing bank. If the issuing bank does not authorize the payment, bimgym.com will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once bimgym.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service being rendered in the manner and, if applicable, place established.

If the payment method is PayPal or Stripe, the charge will be made at the moment bimgym.com sends a confirmation of the purchase order or purchase of products and/or services to the User.

In any case, by clicking on “Buy” the User confirms that the payment method used is his/her own.

6. ACCESS TO SERVICES AND/OR PRODUCTS

Once the subscription purchase has been made, the User will receive confirmation of the subscription by email and will have automatic access to the content of bimgym.com. Access to the content will remain open for as long as the subscription remains active.

When purchasing consulting time, BIM GYM will send a consulting date scheduling email within 24hrs of your purchase. Once a time and date for the consultancy has been agreed upon, a video call will be arranged where the topics proposed by the User will be discussed. The video call meeting will be recorded and the User will receive a copy of the recording via a download link by e-mail within 5 days. All consulting will be carried out through on-line meetings. In the exceptional case that the User requires face-to-face consulting, the consulting fee does not include travel time, travel expenses, meals, or lodging.

The rendering of services shall be deemed to be located in the territory of Spain with its VAT application, when the provisions of Articles 69, 70 and the following of Law 37/1992, of December 28, 1992, on Value Added Tax (VAT) are complied with, and the applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify such data by contacting bimgym.com through the contact spaces provided on the Website, and, if applicable, through those provided for contacting customer service, and/or by using the contact data provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “Buy”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

The User, as a consumer and user, making a purchase on the Website shall have the right to withdraw from such purchase within 14 calendar days, to be counted from the date of purchase, without the need for justification.
To exercise this right of withdrawal, the User must notify the Provider of his decision by sending an email to info@bimgym.com with the word Withdrawal in the subject field, or a letter to the address set forth above.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that bimgym.com makes available as an annexed part of these Conditions, however, its use is not obligatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In the event of withdrawal, Provider shall refund the User all sums paid by the consumer and user without retention of expenses, without User incurring any costs other than those provided for in articles 107. 2 and 108 of Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws without any undue delay and, in any event, no later than 14 calendar days from the date on which bimgym.com is informed of the decision to withdraw by the User.

The provider will reimburse the User using the same payment method the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been completely executed by bimgym.com, he will have lost his right of withdrawal.

Nor shall the right of withdrawal be applicable to contracts for the supply of digital content that is not provided on a tangible medium when performance has begun if the contract imposes on the consumer or user an obligation to pay, in the terms provided for in Article 103.m).

Concerning the immediately preceding, the User declares to know and accept that the right of withdrawal will not be applicable in those subscriptions contracted by him/her when, after acquiring the subscription, he/she has accessed the content of BIM GYM continuously for more than 2 hours in the same session or in multiple sessions within the withdrawal period.

In the following link you can download the model withdrawal form: bimgym.com/CREATE/modelwithdrawal form

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, BIM GYM accepts no liability for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on its part.

Likewise, BIM GYM also limits its liability in the following cases:

  • BIM GYM applies all measures concerning to provide a faithful visualization of the product on the Web Site, however, it is not responsible for the slight differences or inaccuracies that may exist due to lack of screen resolution, or browser problems when being used, or others of this nature.
  • BIM GYM is not responsible under any circumstances for any damage caused by the misuse of the content of the products and/or services, nor does it fully guarantee the achievement of specific results, the User being fully responsible for their activities and the implementation of the same.
  • Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Unavailability of the Web Site for maintenance or other reasons, preventing the availability of the service. bimgym.com puts all the means at its disposal to carry out the process of purchase, payment, and shipment/delivery of the products, however, bimgym.com is exempt from liability for causes that are not attributable to it, fortuitous events, or force majeure.
  • BIM GYM will not be responsible for the use, misuse, or incorrect use of the content that has been used by the User. At the same time, BIM GYM will not be held responsible for an erroneous cancellation made by the User.
  • BIM GYM shall not be liable for any failure or delay in the performance of any of the obligations assumed when the same is due to events beyond its reasonable control, i.e. due to force majeure in the terms set forth in Article 1.105 of the Civil Code.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and BIM GYM will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. BIM GYM will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure cause.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User accepts that most of the communications with bimgym.com will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically by bimgym.com comply with the legal requirements as if being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with bimgym.com through the contact details provided in these Terms and Conditions and, if applicable, through the contact areas of the Website.

Likewise, unless otherwise stipulated, bimgym.com may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by BIM GYM of any specific legal right or action or failure by BIM GYM to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under a contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by BIM GYM of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and BIM GYM in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement, or promise made orally or in writing by the same parties.

The User and BIM GYM acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to BIM GYM in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Web Site the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing, and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.

Any controversy, problem, or disagreement arising out of or related to the access, navigation, and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between BIM GYM and the User, shall be submitted to the non-exclusive jurisdiction of the courts and tribunals of Barcelona, Spain.

16. COMPLAINTS AND CLAIMS

The User may send bimgym.com his/her complaints, claims, or any other comments he/she may wish to make through the contact information provided at the beginning of these Terms and Conditions (General Information).

In addition, bimgym.com has official complaint forms available to consumers and users, which they may request from bimgym.com at any time, using the contact information provided at the beginning of these Terms and Conditions (General Information).

Without prejudice to the provisions of the clause relating to applicable law and jurisdiction, if a dispute arises from the conclusion of this purchase contract between the Provider and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method is accessible through the following website: https://ec.europa.eu/consumers/odr/.