The following terms and conditions of Use, and Privacy Policy govern the use in accordance with Law 34/2002, updated on 09/05/2023, on Information Society Services and Electronic Commerce of the WEBSITES: https://nexespilates.com/https://nexespilatesfranquicia.com, owned and administered by NEXES MES QUE PILATES, SL, hereinafter referred to as NEXES, with NIF: B-67114686, located at: LA VOLTA, 3, 1º, Postal Code: 08150, City: PARETS DEL VALLES, Province: BARCELONA.

1. INFORMATION ABOUT THE WEBSITE:

Through the WEBSITES, nexespilates.com/nexespilatesfranquicia.com, owned and administered by NEXES, users can access the online sale and commercialization of Pilates training products, machines, training services, and support for obtaining a Nexes Pilates franchise. 1.1. WEBSITE ADVERTISING: The websites: nexespilates.com/nexespilatesfranquicia.com may contain advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the information they post on these websites complies with applicable laws. NEXES shall not be held responsible for any errors, inaccuracies, or irregularities in the advertising content or sponsorships.

2. WEBSITE AVAILABILITY:

The website administrator will make every effort to address all questions and requests from USERS as promptly as possible. However, on occasions beyond the control of the website administrator, such as human errors or issues with IT systems, the responsiveness to USERS may not be as quick as required for processing requested sales. In cases where a purchase cannot be completed or the registration process cannot be finalized after initiating the sale form, the USER will be informed by email of the cancellation of the process.

3. WEBSITE SECURITY:

The WEBSITES: nexespilates.com/nexespilatesfranquicia.com have the highest commercially available security measures. The secure server establishes a connection ensuring that information is transmitted encrypted using 128-bit to 256-bit algorithms, ensuring that it is only understandable and accessible by the USER’s device and the WEBSITE. This is achieved by using SSL (Secure Socket Layer), the predecessor of TLS (Transport Layer Security), cryptographic protocols that ensure privacy and integrity in secure communications over a network, commonly the internet. This guarantees that the information transmitted over this network cannot be intercepted or altered by unauthorized parties, ensuring that only legitimate senders and receivers have access to the communication. The protocol guarantees:

1. That the USER is communicating their data to the administrator’s server and not to any other entity attempting to impersonate it.
2. That data between the USER and the administrator’s server is transmitted encrypted, preventing potential interception or manipulation by third parties.

4. ACCESS AND STAY ON THE WEBSITE:

4.1. OUR CONTENT: USERS are entirely responsible for their behavior when accessing the information on the WEBSITES during navigation and after accessing it. As a result, USERS are solely responsible to the website administrator and third parties for: 1.- Consequences arising from the use, for unlawful purposes or effects, contrary to this document, of any content on the WEBSITES, created or not by the website administrator and published officially under their name. 2.- Consequences arising from misuse that harms or impairs the interests or rights of third parties, damages, disables, or deteriorates the WEBSITES, or prevents normal usage by other users. The website administrator reserves the right to update content when deemed necessary, as well as to delete, restrict, or temporarily or permanently prevent access to it. Additionally, the administrator may deny access to the WEBSITES to USERS who misuse content and/or violate the terms and conditions outlined in this document. The website administrator informs that they do not guarantee: a). Uninterrupted and error-free access to the WEBSITES and/or linked sites. b). That the content or software accessible by USERS through the websites or linked sites is free from errors, computer viruses, or other elements that may alter their system, electronic documents, or files. c). The usefulness of the information or content on the WEBSITES or linked websites for USERS’ personal purposes.

5. MODIFICATION OF THE TERMS AND CONDITIONS OF USE:

The website administrator reserves the right to modify, at any time, the presentation and configuration of the WEBSITES, as well as these terms and conditions of use. Therefore, the website administrator recommends that the USER carefully read these terms and conditions of use each time they access the WEBSITES: nexespilates.com/nexespilatesfranquicia.com. USERS will always have these terms and conditions of use available in a visible place, freely accessible for any consultations they wish to make.

6. OUR RESPONSIBILITY ON THE WEB:

The website administrator does not assume any responsibility derived from, but not limited to: 1.- The use that USERS may make of the WEBSITES or linked websites, whether prohibited or permitted, that infringes on intellectual and/or industrial property rights. 2.- Any damages caused to USERS resulting from normal or abnormal operation of search and location tools for content and/or access to the WEBSITES, errors, or issues generated during the development or implementation of the technical elements provided by the WEBSITES. 3.- The content of the pages that USERS may access through links included on the WEBSITES, whether authorized or not. The website administrator shall not be responsible in the following cases: a.- Errors or delays in accessing the WEBSITES by the USER, when entering their data into the registration form, or any anomalies that may arise when these incidents are due to issues on the Internet, force majeure, or any unforeseen circumstances beyond the administrator’s good faith. b.- Errors or issues that may arise in communications, deletions, or incomplete transmissions, ensuring that the website’s services are constantly operational. c.- Errors or damage caused to the website due to inefficient or malicious use of the service by the USER. d.- Inoperability or issues with the email address provided by the USER for the confirmation of purchases. In any case, the website administrator commits to resolving issues that may arise and offering all necessary support to the USER to achieve a quick and satisfactory solution to the incident. The website administrator also reserves the right to conduct promotional campaigns to encourage the registration of new users on its online service.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY:

The website administrator holds all rights to the content, design, and source code of these pages and the WEBSITE, including but not limited to: The rights are protected by current Spanish and international laws regarding intellectual and industrial property, including Royal Legislative Decree 1/1996, of April 12, and subsequent amendments, as well as Directive-EU-2019/790 of the European Parliament and of the Council of April 17, 2019, on copyright and related rights in the digital single market. In addition, the WEBSITE content is also considered a computer program, making all applicable Spanish and European Union regulations on the matter also applicable. The website administrator informs that no implicit license or authorization is granted on intellectual and/or industrial property rights or any other rights or properties related directly or indirectly to the contents included in the WEBSITE: nexespilates.com/nexespilatesfranquicia.com. Only the use of the content from the domain for informational and service purposes is authorized, provided that the source is cited or referenced, with the user being solely responsible for any misuse of it.

8. APPLICABLE LAW AND ARBITRATION:

These terms and conditions of use are governed by the applicable Spanish legislation. To resolve any controversy or conflict that may arise, the parties submit to the jurisdiction of the courts of MOLLET DEL VALLES, in the judicial district of PARETS DEL VALLES, the city of origin of the entity, NEXES, the owner of the WEBSITE, unless otherwise required by law.

8.1. CONFLICT RESOLUTION:

In compliance with Law 7/2017, Article 40.5, which incorporates Directive 2013/11/EU into the Spanish legal system, and Regulation (EU) No 524/2013 of the European Parliament and of the Council, Article 5.1, regarding alternative dispute resolution for consumer disputes: Online Dispute Resolution Platform: (click here).

9. NULLITY:

If any clause of these terms and conditions of use is declared null, the remaining clauses will remain valid and will be interpreted considering the intent of the parties and the purpose of these terms and conditions.

10. PRIVACY POLICY:

USERS agree to browse the WEBSITES and use the content in good faith.

In compliance with the RGPD-UE-2016/679, LOPDGDD-3/2018, LSSI-34/2002, and Law 11/2022, General Telecommunications Law, we inform you that completing any form on the WEBSITE: nexespilates.com/nexespilatesfranquicia.com, or sending an email to any of our addresses, implies acceptance of this privacy policy and authorization for the website administrator to process the personal data provided, which will be incorporated into the file owned by NEXES, the Data Controller and/or administrator of the WEBSITES.

The data provided by USERS will be used for sending online and physical communications made by the website administrator via email.

By merely visiting the WEBSITE, USERS are not providing personal information and are not obliged to do so.

The website administrator is committed to maintaining the utmost confidentiality regarding the information provided and using it solely for the stated purposes. The website administrator assumes that the data has been entered by its owner or by a person authorized by them, and that it is correct and accurate.

Unless otherwise notified, we will assume that your data has not been modified, that you agree to notify us of any changes, and that we have your consent to use it to maintain the relationship between both parties.

Sending your data through the forms on our websites is subject to the mandatory requirement that you have read and accepted the Terms of Use and Privacy Policy.

In accordance with Article 21 of Law 34/2002, updated 09/05/2023, on Information Society Services and Electronic Commerce, we request your consent to send advertising communications that we consider may be of interest to you by email or any other equivalent electronic communication. You accept this consent by agreeing to these terms of use through a checkbox at the bottom of the form or web page.

Therefore, the USER is responsible for the accuracy of the data, and the website administrator will not be responsible for the inaccuracy of the USERS’ personal data.

In accordance with current data protection legislation, the website administrator has adopted the appropriate security levels for the data provided by USERS and has installed all measures within its reach to avoid loss, misuse, alteration, unauthorized access, and extraction.

NEXES informs you of the possibility of exercising the rights of access, allowing the web user to know what personal data the administrator has and respond within 30 days if the data is retained; rectification, opposition, deletion, limitation, and portability. These rights can be exercised by any means that provides proof of their sending and receipt to the address of the WEBSITE administrator or via email to info@nexespilates.com, providing a copy of your ID or alternative documentation to prove your identity.

You can file a complaint with the Supervisory Authority, AEPD.

These clauses have been drafted by GRUP QUALIA, and a digital image certificate is provided for display on your website.

Updated: 25/04/2024.