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

1. INFORMATION ABOUT THE WEBSITE:

Through the WEBSITES, nexespilates.com/ nexespilatesfranquicia.com, owned and administered by NEXES, users can engage in the online marketing and sales of Pilates training equipment and products, as well as access training services and franchise support for Nexes Pilates. 1.1. WEBSITE ADVERTISING: The websites nexespilates.com/nexespilatesfranquicia.com may contain advertising or sponsored content. Advertisers and sponsors are solely responsible for ensuring that the content they display on these websites complies with applicable laws. NEXES is not responsible for any errors, inaccuracies, or irregularities that the advertising or sponsored content may contain.

2. WEBSITE AVAILABILITY:

The website administrator will do their best to resolve all inquiries and requests from USERS as quickly as possible. However, on occasion, due to uncontrollable circumstances such as human errors or system incidents, the response time may not meet USERS‘ expectations for handling sales requests. If the requested purchase cannot be processed or completed after submission through the sales form, the USER will be informed by email of the cancellation of the process.

3. WEBSITE SECURITY:

The WEBSITES: nexespilates.com/ nexespilatesfranquicia.com provide the highest commercially available security measures. The secure server establishes a connection so that information is transmitted encrypted using algorithms ranging from 128-bit to 256-bit, ensuring it can only be understood by the USER‘s device and the WEBSITE. By using the SSL (Secure Socket Layer) protocol, the predecessor of the TLS (Transport Layer Security) protocol, cryptographic protocols provide privacy and integrity for secure communications over a network (commonly the internet). This ensures the transmitted information cannot be intercepted or modified by unauthorized entities, guaranteeing communication between legitimate senders and receivers. It ensures:

1. That the USER is communicating their data to the website administrator’s server and not to any third party attempting to impersonate them.
2. That the data exchanged between the USER and the administrator’s server is encrypted, preventing possible reading or tampering by third parties.

4. ACCESS AND STAY ON THE WEBSITE:

4.1. OUR CONTENT: USERS are fully responsible for their behavior when accessing the WEBSITES, browsing them, and after accessing them. Consequently, USERS are solely responsible to the website administrator and third parties for: 1.- The consequences that may result from using any content of the WEBSITES for illegal purposes or in violation of this document, regardless of whether the content is created by the website administrator or published under their name officially. 2.- Any consequences arising from using the content in ways that are contrary to this document, harm third-party interests or rights, damage, disable, or deteriorate the WEBSITES, or prevent other users from enjoying them properly. The website administrator reserves the right to update content as deemed appropriate, as well as to delete, limit, or restrict access to them temporarily or permanently. They also reserve the right to deny access to the WEBSITES to USERS who misuse content and/or violate any of the terms and conditions outlined in this document. The website administrator cannot guarantee: a).- That access to the WEBSITES and/or linked websites will be uninterrupted or error-free. b).- That the content or software that USERS access through the websites or linked websites will be error-free, free of viruses, or contain no other elements in the content that might cause alterations to their system, electronic documents, or files stored on their system. c).- That the information or content accessed on the WEBSITES or linked websites is useful for personal purposes.

5. MODIFICATION OF 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 the terms and conditions of use every time they access the WEBSITES, nexespilates.com/nexespilatesfranquicia.com.

USERS will always have access to these terms and conditions of use in a visible place, freely accessible for any queries they wish to make.

6. OUR WEBSITE RESPONSIBILITIES:

The website administrator does not assume any responsibility for, but not limited to:

1.- The use that USERS may make of the WEBSITES or linked websites, whether prohibited or permitted, that infringes intellectual and/or industrial property rights.

2.- Potential damages to USERS caused by normal or abnormal operation of search and content localization tools, errors, or problems arising in the development or implementation of technical elements provided on the WEBSITES.

3.- The content of the pages that USERS may access from links included in the WEBSITES, whether authorized or not.

The website administrator will not be liable in cases where:

a.- Errors or delays occur in accessing the WEBSITES by the USER, when entering their information in the registration form, slowness, or inability to receive confirmation of purchase by recipients, or any anomalies that may arise due to problems with the internet network, force majeure, or unforeseeable circumstances beyond the administrator’s good faith.

b.- Errors or incidents that may occur in communications, deletions, or incomplete transmissions, such that the website services cannot be guaranteed to operate continuously.

c.- Errors or damage caused to the website by inefficient or bad-faith use of the service by the USER.

d.- Non-operation or issues with the email address provided by the USER for confirmation of purchases.

In any case, the website administrator is committed to resolving problems that may arise and providing all necessary support to the USER to reach a swift and satisfactory solution to any incidents.

Additionally, the website administrator reserves the right to conduct promotional campaigns to encourage new users to register for their online service.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY:

The website administrator retains all rights to the content, design, and source code of these pages and the WEBSITES, including, but not limited to:

The rights are protected under current Spanish and international intellectual and industrial property legislation, specifically Royal Legislative Decree 1/1996, dated April 12, and subsequent amendments.

EU Directive 2019/790 of the European Parliament and the Council of April 17, 2019, on copyright and related rights in the digital single market, also applies.

Without prejudice to the foregoing, the content of the WEBSITES is also considered computer software, and thus, all relevant Spanish and EU regulations in the field also apply.

The website administrator informs that no license or implicit authorization is granted regarding intellectual and/or industrial property rights or any other rights or property directly or indirectly related to the content included on the WEBSITES: nexespilates.com/nexespilatesfranquicia.com.

Use of the website domain content is authorized solely for informative and service purposes, provided that the source is cited or referenced. The user is solely responsible for any misuse of such content.

8. APPLICABLE LAW AND ARBITRATION:

These terms and conditions of use are governed by applicable Spanish law. To resolve any disputes or conflicts arising from their use, the parties submit to the jurisdiction of the courts of MOLLET DEL VALLES, judicial district of PARETS DEL VALLES, the city of origin of NEXES, owner of the WEBSITES, unless otherwise mandated by law.

8.1. DISPUTE RESOLUTION:

In accordance with Law 7/2017, Article 40.5, which incorporates EU Directive 2013/11/EU and EU Regulation 524/2013 of the European Parliament and Council, Article 5.1, concerning alternative dispute resolution for consumer online purchases: Online Dispute Resolution Platform: (click here).

9. NULLITY:

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

10. PRIVACY POLICY:

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

In compliance with the provisions of the RGPD-UE-2016/679, LOPDGDD-3/2018, LSSI-34/2002, and Law 11/2022, General Telecommunications Law, we inform you that filling in any form on the WEBSITES: nexespilates.com/nexespilatesfranquicia.com, or sending an email to any of our inboxes implies acceptance of this privacy policy, as well as authorization for the website administrator to process the personal data you provide, which will be incorporated into a file owned by NEXES, Responsible for Processing and/or administrator of the websites.

The data of USERS will be used for sending online and physical managements carried out by the website administrator via email.

By merely visiting the WEBSITES, USERS are not required to provide personal information nor are they obligated to do so.

The website administrator undertakes to maintain the utmost confidentiality and privacy regarding the information provided and to use it only for the indicated 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.

The submission of your data via the forms on our websites will be subject to having read and accepted the Terms of Use and Privacy Policy.

According to the provisions of Law 34/2002, updated on 09/05/2023, on Information Society Services and Electronic Commerce, Article 21, we request your consent to send communications that we consider may be of interest to you by email or any other equivalent electronic communication means. This consent will be accepted with the approval of these terms of use via 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 personal data provided by USERS.

In accordance with current data protection legislation, the website administrator has adopted appropriate security levels for the data provided by USERS and has installed all available technical and organizational measures to prevent loss, misuse, alteration, unauthorized access, or extraction of such data.

NEXES informs you of the possibility of exercising the rights of access, which allows the web user to know what personal data the website administrator holds and will respond within 30 days as long as the data is retained, rectification, opposition, deletion, limitation, and portability. These rights may be exercised by any means that provides proof of their sending and reception to the address of the website administrator or by email at: info@nexespilates.com, along with a photocopy of your ID or alternative documentation proving your identity.

You may file a complaint with the Control Authority, AEPD.

These clauses were prepared by GRUP QUALIA, and a digital image certificate is provided for display on your website.

Last Updated: 25/04/2024.