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General Terms and Conditions of Use

These General Terms and Conditions of Use (hereinafter, "the General Conditions") govern the access and use of the website that is accessible through the domain name www.bkool.com and its subdomains (hereinafter, "the Website "), as well as the purchase of products and/or services through it.

Any person accessing the Website is considered to be a User thereof (hereinafter “User”) and is deemed to have accepted all of these terms and conditions for its use. If the User does not agree with these General Conditions, the User must immediately leave the Website without using it.

Likewise, the purchase of products through the website implies that those interested in making a purchase have read and accepted, in advance and expressly, the contract conditions that are included below, which shall be binding between the buyer and the Website owner.

By accepting these General Conditions, the User acknowledges:

  1. That they have read and understood the contents herein.
  2. That they have the sufficient capacity to purchase a product and/or service, should they choose to do so.
  3. That they accept all of the obligations stated herein.

 

The owner of the Website reserves the right to modify the conditions contained in these General Conditions, at any time and at its discretion.

Any such change will be reported through a message visible on the Website.

The latest version that applies to the platform is the one available in this URL.

Accessing the website and using the service after its conditions are updated shall imply the User's acceptance of the new conditions.

The rules that govern this website are:

  • These General Conditions, which include the general conditions of use of the website, legal notice and general conditions of contract.
  • The Privacy Policy http://www.bkool.com/help/privacy

 

Terms and conditions of use of the website

  1. Legal notice

The following general information regarding the Website is provided in compliance with the terms of Article 10 of Law 34/2002 of 11 July on the services of the information society and electronic commerce:

Owner: BKOOL, S.L. (hereinafter referred to by its trade name, "BKOOL").

Offices and factory: C / San Joaquín, 3, 28231 - Las Rozas (Madrid), Spain.

Tax id number: B-98125024

Registration data: Business Registry of Madrid, Volume 28917 - Folio 75 - Sec. 8 - Sheet M - 520691

Definitions

Website: Platform that is made available to users through the domain name http://www.bkool.com.

 

User: The individual who browses through the website http://www.bkool.com, whether or not any purchases are made on the website.

Registered user: The individual who has registered on the website http://www.bkool.com and logs into the user area by way of a personal username and password.

Customer: A user who makes purchases through the platform.

Services: The purchase of Bkool's products and all the features that the website http://www.bkool.com offers its users.

 

  1. Website Access

Access to the website is free except for the cost of the connection through the telecommunications network provided by the service provider contracted by the user.

 

  1. Rules governing the use of the Website

The User agrees to use the Website and all the content and services contained thereon in observance of the law, moral conduct, public order and these General Conditions, and not to employ them to conduct illicit or criminal activities that infringe the rights of third parties and/or violate any other applicable legal standards.

 

The User undertakes:

3.1 - Not to upload or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that encourages terrorism or violates human rights.

3.2 - Not to upload to the network or disseminate data programs (viruses and harmful software) that can cause damage to the computer systems of the access provider, its suppliers or third-party Users of the internet.

3.3 - Not to disseminate, transmit or make available to third parties any information, item or content that undermines the fundamental rights and public freedoms that are recognized constitutionally and in international treaties.

3.4 - Not to disseminate, transmit or make available to others any type of information, element or content that may constitute illegal or unfair advertising.

3.5 - Not to transmit unsolicited or unauthorized advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designated for advertising purposes.

3.6 - Not to upload or spread any false, ambiguous or inaccurate information or content intended to mislead the recipients of the information.

3.7 - Not to impersonate other Users by using their name or nickname or their login credentials for the various services and/or contents of the Website.

3.8 - Not to disseminate, transmit or make available to third parties any information, item or content that entails a violation of intellectual and industrial property rights, patents, trademarks or copyrights that belong to the owners of the Website or to third parties.

3.9 - Not to disseminate, transmit or make available to third parties any information, item or content that involves a violation of the secrecy of communications and legislation regarding personal information. The User agrees to hold BKOOL harmless against any potential claim, fine, penalty or sanction that it may be required to bear as a result of a breach by the User of any of the rules of use specified above; moreover, BKOOL reserves the right to seek appropriate compensation for any damages.

 

  1. Content and services linked through the Website

The Website may contain technical linking devices, directories and even search tools that allow the User to access other pages and internet portals (hereinafter "Linked Sites"). In these cases, BKOOL shall only be responsible for the content and services provided on the Linked Sites if it is aware of their illegality and does not disable the link to said Sites with due diligence. If the User believes that a Linked Site contains unlawful or inappropriate content, he can inform BKOOL, but under no circumstance does this communication entail the obligation to remove the link.

 

The existence of Linked Sites does not presuppose the formalization of agreements between BKOOL and the managers or owners thereof, or the recommendation or endorsement of the Linked Sites and/or their contents by BKOOL.

 

Unless otherwise expressly indicated on the Website, BKOOL is unaware of the contents and services of the Linked Sites and is therefore not responsible for any damages that their illegality, quality, obsoleteness, unavailability, error and uselessness may cause the User or any third party.

 

  1. Intellectual and industrial property

All contents of the Website, including but not limited to text, photographs, graphics, images, icons, technology, software, links and other audio-visual or audio content, as well as their graphic design and source code, are the intellectual property of BKOOL or of third parties. None of the exploitation rights recognized in the applicable laws on intellectual property may be deemed to be transferred to the User.

 

The trademarks, trade names or distinguishing marks published on the Website are the property of BKOOL or third parties, and no right over them may be construed as being assigned to the User.

 

  1. Prohibition of reverse engineering

Any act of reverse engineering that involves decompiling the computer code that is part of the platform will be considered an infringement of the intellectual property rights of the Owner and/or third parties.

 

  1. Social area

The Website has a section called "Share" that is available to registered users. The user's interactions with other users must always be based on the user's obligations described in these conditions.

 

BKOOL reserves the right to withdraw, restrict and/or deny access to those users who violate the rules of use of the Website.

 

General terms and conditions

  1. Terms of purchase

 

7.1. Main characteristics of the goods and services

The main characteristics of the goods and services offered through the Website can be found in the description sheet where they are presented.

 

7.2. Purchase procedure

The User may formalize the contract in Spanish or English.

The procedure for purchasing products and/or services through the Website is as follows:

7.2.1 - From the tab for the desired product, the User may click on the button labelled "buy". After clicking on either of these buttons, the product will be added to the "shopping cart" shown at the top right of the Website. The User can add as many products to the "shopping cart" as he wishes.

7.2.2 - To continue with the purchase, the User must click on the "shopping cart" located in the top right of the Website, which will open a list of all the products selected. At this point the User can delete products from the list.

7.2.3 - To continue with the purchase, the User must click on the button labelled "check order", after which they may: (i) remove products from the list; (ii) select the quantity of each product desired; (iii) see the price/units of each product selected and the total price of the order. If the User wishes to add new products to the "shopping cart", they must click on the button labelled "return to the store". If, however, they wish to continue with the process to purchase the selected products, they must expressly accept these General Conditions and click on the button labelled "shipping information".

7.2.4 - If the User is already registered in BKOOL, they must identify himself by means of their e-mail and password and click on the button labelled "enter".

If not, they can register by clicking on the button labelled "register". All the information entered by the user must be accurate, current and truthful. In addition, the User must expressly accept these General Conditions and the Website's Privacy and Cookie Policy, complete the captcha and click on the button labelled "register".

7.2.5 - If the product purchased must be physically sent to the User, they must enter the shipping information, and may specify the time slot in which they wish to receive it. If the billing and shipping details are different, or if the shipping details are not required, the User must enter the billing information at this time. At this point the User can write a comment.

They can then go back by clicking on the button labelled "basket", or continue with the order by clicking on the button labelled "review order".

7.2.6 - In the "review order" step, the User will be shown the details of their order and may: (i) remove products from the list; (ii) select the quantity of each product desired; (iii) see the price/units of each product selected and the total price of the order; (iv) if applicable, see the address and delivery schedule selected and (v) see the billing information.

If the User wishes to modify any of this information, they may go back by clicking on the button labelled "shipping details". To continue with the order, the User must click on the button labelled "make payment".

7.2.7 - If the card payment method is chosen, the data entered will be stored in the servers of PAYTPV, a level-1 PCI/DSS certified company, which guarantees the security of the payment process.

7.2.8 - The User will receive, at the e-mail address provided in the registration form, an e-mail confirming the correct completion of the purchase process.

7.2.8 - If a trainer is purchased using deferred payment, the purchase price will be paid in equal monthly instalments of the user's choice, with the first payment being charged when the financed purchase is confirmed with the payment entity.

 

BKOOL will store electronic proof of the User's purchase. This proof is not available to the User.

 

Premium subscriptions will be renewed automatically and indefinitely for periods of the same duration as initially selected by the User at the time of purchase. However, the User may cancel said automatic renewal at any time. To do so, they must enter their e-mail and password in the panel at the top of the Website and click on the button labelled "enter". Next, the User must access the "Premium" section and click on the button provided to cancel the automatic renewal.

 

7.3 Password

The registered User shall be responsible at all times for protecting his password, and thus accepts any damages arising from its misuse, transfer, disclosure or loss. To this end, any access to restricted areas and/or use of the Website's services and content done using the password of a registered user shall be deemed to be carried out by said registered user, who shall be liable in every case for said access and use.

 

7.4 Correcting and identifying errors in the information entered

If a User forgets to enter any information marked as mandatory by an asterisk, they will not be able to proceed with the purchase or validation process until this information is provided. A message on the screen will warn of this circumstance.

 

As stated in the description of the purchase procedure contained in section 6.2 of these General Conditions, the User can review and change the details of the order before completing it.

 

7.5 Delivery of orders

Orders are delivered through a transport agency to the shipping address designated by the User.

The courier service will be governed by the purchase conditions of the aforementioned transport agencies, available on their websites. BKOOL is not responsible under any circumstances for any problems associated with this service.

 

BKOOL accepts no responsibility if the product or service cannot be delivered as a result of inaccurate or false information provided by the User for this purpose, or if the delivery cannot be made due to the absence of the recipient.

 

If the order cannot be fulfilled because the product purchased is not available, BKOOL will report this lack of availability to the User, who may choose between:

  1. a) Being immediately refunded the amount that was paid when the order was placed.
  2. b) Allowing BKOOL to supply, at no additional cost, a similar product with the same or better characteristics. In this case, the User may exercise their right of withdrawal and termination as these would pertain to the product that was initially purchased.

 

7.6 Price and shipping costs

Unless expressly stated otherwise, the prices indicated for each product include Value Added Tax (VAT). The prices and currencies shown to the User will vary depending on the geographical location, which will be determined automatically based on the IP from which the user accesses the Website (United Kingdom: Pound Sterling, rest of the European Economic Area and South Africa: Euro, rest of the world: US dollar). Unless expressly indicated otherwise, these prices do not include shipping costs, shipping insurance or any other services purchased in addition to the product or service purchased.

 

7.7 Payment methods accepted

BKOOL accepts the following payment methods:

  • Credit or debit card.
  • Payment financed.

 

BKOOL accepts payments through the following credit or debit cards: Visa, American Express, Maestro and Mastercard

 

Online credit or debit card payments are made through a secure system that encrypts the user's bank details when they are transmitted over the Internet.

 

PayPal payments are made in accordance with the payment conditions of PayPal Spain, S.L., available on its website https://www.paypal.com/es/webapps/mpp/home. BKOOL is in no way responsible for any incidents resulting from this payment service.

 

7.8 Issuing of invoices

The User acknowledges and accepts that BKOOL will only send his invoices to the email address provided during the registration process, and whenever the User requests said invoice from administracion@bkool.com

 

  1. Right of withdrawal

8.1 Withdrawal period

The User has the right to cancel a purchase made through the Website within 14 calendar days (if the trial period specified in the product description for a trainer purchased in free trial mode is higher, that period will be used for the withdrawal period) for any reason.

 

For a sales contract, the withdrawal period will expire 14 calendar days (if the trial period specified in the product description for a trainer purchased in free trial mode is higher, that period will be used for the withdrawal period) after the day on which the User, or a third party specified by them, other than the carrier, takes material possession of the goods.

 

If multiple items purchased by the User as part of the same order are delivered separately, the withdrawal period will expire 14 calendar days (if the trial period specified in the product description for a trainer purchased in trial mode is higher, that period will be used for the withdrawal period) after the day on which the User, or a third party specified by them, other than the carrier, takes material possession of the last of these items.

 

If an item consisting of multiple components or parts is delivered, the withdrawal period will expire 14 calendar days after the day on which the User, or a third party specified by him, other than the carrier, takes material possession of the last component or piece.

 

To exercise the right of withdrawal, the User must unequivocally (e.g. a letter sent by post, fax or e-mail) inform BKOOL of his decision to withdraw from the purchase. The User may use the withdrawal form available here, although its use is not mandatory.

 

To comply with the withdrawal period, it is sufficient for the User's communication relating to the exercise of the right of withdrawal to be sent before the withdrawal period has expired.

 

8.2 Consequences of the withdrawal

In the event of a withdrawal, BKOOL will refund all payments received from the User, except shipping costs, within 14 calendar days from the date on which the User informs BKOOL of his decision to withdraw from the contract. Said refund shall be made by the same means of payment used by the User for the initial transaction, unless explicitly stated otherwise. In any case, the user will not be charged any fees as a result of the refund. BKOOL may withhold the refund until receiving the product, or until the User has submitted proof that the product has been returned, whichever occurs first.

 

The User must return or deliver the goods directly to BKOOL, without any undue delay and, in any case, no later than 14 calendar days after the date on which he communicates his decision to withdraw from the contract. The terms of this agreement shall be met if the User returns the goods before said period has expired. The User must bear the direct cost of returning the goods, unless the description of the specific product purchased specifies otherwise.

 

The User shall only be liable for any diminished value of the goods resulting from handling of the goods beyond that necessary to establish their nature, characteristics and operation.

 

Based on the previous paragraph, the goods must be returned undamaged and with all their components.

 

8.3 Inapplicability of the right of withdrawal

In accordance with the provisions of article 103.m) of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User cannot withdraw from the purchase of digital content not provided on a material medium once said content is provided with the prior express consent of the User and with his knowledge that he waives his right of withdrawal.

 

In the case of BKOOL, this circumstance affects the Premium subscription, which is made available once the contract is formalized, which the User knows and accepts.

 

  1. Complaints, claims and information requests

The User can direct any complaints, claims or information requests to BKOOL Customer Service through the contact forms that are available in the help section of Bkool.com

BKOOL will respond to any complaints received in the shortest possible time, and in any case no later than one month after the claim is filed.

BKOOL will email the User an identification code and a written copy of the claim or complaint for the User's records.

BKOOL has official BKOOL Customer Service claim/complaint forms.

 

  1. Legal guarantee of conformity for the products

In accordance with the provisions of articles 114 and following of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the User is reminded that all products delivered by BKOOL must be as specified in the contract. BKOOL shall be liable to the User for any non-conformity that is identified within a period of 2 years from the delivery of the product.

 

A lack of conformity resulting from the incorrect installation of the product shall be deemed to be a lack of conformity of the product when the defective installation, carried out by the User, resulted from an error in the installation instructions.

 

The scope and manner for claiming the rights conferred to the User by said legal guarantee can be consulted in articles 114 and following of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

 

  1. Special offers and conditions

Bkool may launch temporary offers and promotions applicable to its products.

 

  1. Validity of the contract conditions

The conditions applicable to the purchase of Bkool products are those in force at the time of purchase.

If these purchase conditions are modified, the user shall be deemed to have accepted said changes if he does not cancel the automatic renewal of his simulator subscription once he has been informed of the changes herein.

 

  1. Trainers

Bkool Trainers

Before riding his first session on a Bkool trainer, the user must download the Bkool Indoor simulator (available in the downloads area of bkool.com).

  1. Disclaimer

BKOOL does not guarantee that its trainers will be compatible with simulators or software for controlling its resistance unit that have not been developed by BKOOL. Likewise, BKOOL is not responsible for any damages that the use of software not developed or recommended expressly by BKOOL may cause to its trainers.

 

BKOOL is constantly updating its simulator software, as this is the only possible way to incorporate improvements, offer new features and correct possible bugs. These updates are free for users who decide to install them on their devices, which BKOOL recommends. Each update of the BKOOL software may involve the removal of previous features or the addition of new ones.

 

Each time a new update is published, the previous versions will no longer receive technical support from BKOOL.

 

Each update may require that the device on which it is to be installed meet certain technical requirements in order to function properly. Check the help section for the minimum requirements that your devices must satisfy in order to work properly with the various Bkool software applications.

 

The user acknowledges that they are in peak physical and health condition to exercise on BKOOL and accepts all responsibility for this exercise, releasing BKOOL from any liability. The User is solely responsible for the choice of their sports training, as well as for any resulting physical and psychological consequences. Any possible recommendations and/or guidelines given by BKOOL are based solely on the information previously provided by the User, who must always check with a medical professional before putting them into practice.

 

We recommend consulting a medical professional before starting a new exercise program. The User must use BKOOL's products cautiously and responsibly and must immediately suspend their use if they notice any pain or discomfort, which they should promptly report to a medical professional.

 

BKOOL accepts no liability for breach of its obligations to the User when said breach is due to unforeseeable circumstances or force majeure. An unforeseeable circumstance or force majeure means any event, or consequences thereof, that is beyond the control of BKOOL, foreseeable or unforeseeable but inevitable and insurmountable, and which prevents BKOOL from fulfilling any of its contractual obligations and that is not the result of its fault or negligence, provided that BKOOL has not contributed to the occurrence of the event.

 

  1. Null and void clauses

If any provision of these General Conditions is declared invalid or ineffective in whole or in part, said invalidity or ineffectiveness shall only affect that provision or part thereof that is invalid or ineffectual, and the General Conditions regarding everything else shall subsist, considering all or part of said provision as not included.

 

  1. Right of exclusion

Bkool reserves the right to withdraw, restrict and/or deny access to the Website, without prior notice, to email addresses from certain domains, or to users from certain countries, if required by law or by a judicial or administrative order, for security reasons of the company itself, its infrastructure or its services, or for business reasons.


  1. Applicable legislation

These General Conditions shall be governed and interpreted in accordance with Spanish law.

 

  1. Competent jurisdiction

In the event of a dispute between BKOOL and the User, both parties shall submit to the competent court, depending on the case.

 

  1. Prevalence of the Spanish version

In the event of a discrepancy between the Spanish version of these General Conditions and any version thereof in another language, the provisions of the Spanish version shall prevail.

 

  1. Using the Apps

By downloading or using the application, you automatically accept these terms. Be sure to read them carefully before using the application. Be aware that you are not authorized to send it to another person or to copy or modify the application or any part thereof, or any of our trademarks, in any way. You must not attempt to extract the source code of the application, translate the application to other languages, or create derivative versions. The application and all trademarks, copyrights, database rights and other related intellectual property rights remain the property of Bkool Connect Sport.

Remember that if you use the application outside of a Wi-Fi hotspot, the terms of the agreement with your mobile network service provider will apply. Therefore, the mobile service provider, as well as other third parties, may apply charges for the data consumed when connecting to the application. By using the application, you accept responsibility for said charges, including roaming charges if you use the application outside the territory of origin (your region or country) without deactivating data roaming. If you are not the person responsible for paying the charges associated with the device on which you use the application, we will assume that you have received the owner's permission to use the application.

Icons

"Male" icon by Maurizio Fusillo, from thenounproject.com.

"Female" icon by Maurizio Fusillo, from thenounproject.com.

"Close" icon by Icomatic, from thenounproject.com.

"Conversation" icon by Ed Gray, from thenounproject.com.

"Reload" icon by Cris Dobbins, from thenounproject.com.

"Link" icon by Jens Windolf, from thenounproject.com.

"Share" icon by AJ Annunziata, from thenounproject.com.

"Trash" icon by Piero Borgo, from thenounproject.com.

"Chart" icon by Pham Thi Dieu Linh, from thenounproject.com.

"Hide" icon by Joshua Stearns, from thenounproject.com.

"Flag" icon by Zahi Asa, from thenounproject.com.

"Lock" icon by Mario Aziz, from thenounproject.com.

"Arrow" icon by Yuki Orisaka, from thenounproject.com.

"Close" icon by Icomatic, from thenounproject.com.

"Smiley Wink" icon by TMD, from thenounproject.com.

"Smiley Laugh" icon by TMD, from thenounproject.com.

"Smiley Happy" icon by TMD, from thenounproject.com.

"Applause" icon by Gem.Icons, from thenounproject.com.

"Camera" icon by Chiara Galli, from thenounproject.com.

 

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