Date updated: 11 May 2023
These terms and conditions of contract apply to all users, hereafter, “The User” or “The Users”, who purchase products and/or services on the website fitnessfanatic.site, hereafter, The Website, belonging to the entity Sedine Luna Wisdom LLC, with US taxation identification number 87-3330744, and registered office at 9597 Jones Rd #308, Houston, hereafter, “The Company”.
Acceptance of these terms and conditions has the legal consideration of a contract between The Company and The User, so he/she confirms that he/she has sufficient legal capacity and competence to form part of the contract. This contract shall be regarded as a general contract in which each specific sales contract for specific services ordered by The User shall be framed, completing these purchases with the delivery of those by The Company and the payment of the corresponding price by The User, with this transaction being documented in the relevant invoice, or on the relevant receipt or confirmation of payment.
1.1 By accepting this contract, it is agreed that The Company shall sell provide the digital products or/and services that The User decides to purchase or contract, from all those available on the website, with the User undertaking to pay the price stipulated for each service available on The Website.
1.2 The User of the Website has the opportunity to purchase the service offered on The Website, or to become a member of the loyalty or membership programme, making recurring payments from more advantageous conditions, as described below.
1.3 The Website shall establish, at its sole discretion, the offer of digital products or/and services available on the website, and the availability of each service, modifying this availability as and when it deems appropriate.
1.4 The digital products or/and services available on the Website will have a price, which shall be subject to the changes experienced by the market and the offers of third party suppliers.
2.1 For the activation of certain digital products or/and services instructions shall be provided in the order confirmation sent to the email address registered on the user account. If The user does not receive the instructions by email, they may contact the customer service department to receive them.
2.2 It will be possible to access digital products and services immediately from the time of their purchase, which is why returns and refunds of these services are not permitted.
2.3 If The User is unable to receive the digital product or service due to a problem relating to their email provider or their own email server, they may contact the customer service department to request assistance.
2.4 The Company reserves the right to cancel orders of the digital products or services where it observes any activity it deems to be abusive, fraudulent or which infringes these terms and conditions.
2.5 The User shall take ownership of the digital product or service from the moment at which The Company receives full payment of the price or since the digital product or service becomes available if this has taken place at a later date.
3.1 The membership or loyalty programme consists of gaining the loyalty of The User by joining a recurrent purchasing programme which enables the User to pay for the services offered on the Website at lower prices which are established for each service.
3.2 Users that join the membership programme will be charged a recurrent purchase every 14 calendar days corresponding to the membership plan chosen from the options offered on the Website, specifically, $17.00 for the Starter plan, $27.00 for the Basic plan, $37.00 for the Prime plan, $47.00 for the Gold plan, $67.00 for the Vip plan.
3.3 The membership programme can be joined via the processes available on the Website or by purchasing any service at membership price, accepting these conditions.
3.4 The User may change the current membership plan for another lower or superior plan at any time from their personal account. This change may affect the next automatic payment. If The User does not pay the full price of their membership plan on the debiting date, they will automatically be downgraded immediately to the lower membership plan, and may reach the “starter mini” membership plan which incurs a monthly payment fee of $6.95 USD.
3.5 The User that joins the membership plan must pay automatically every 14 days, the currency will be united states dollar (or currency at the applicable exchange rate for conversion to united states dollar).
3.6 With automatic payment, The User will receive a confirmation notification for the payment made.
3.7 The User has the option to skip the next automatic payment for their membership plan, by selecting this option in their personal account before the next scheduled payment takes place.
3.8 If the User wishes to cancel their membership plan, they must communicate this cancellation with 30 days’ notice, using the “Cancel subscription” feature of their personal account or by contacting the customer service team. Therefore, the membership shall be cancelled effective and definitively 30 days after its communication. Alternatively, The User has the option to cancel immediately, without the need to give 30 days’ notice by choosing this option in their personal account and by carrying out a final payment for the amount of 6.95 USD.
3.9 Once the membership has been cancelled, the benefits associated with it shall cease with immediate effect.
3.10 The Website offers initial periods for the different membership plans. If The User does not wish to continue with the membership plan they are trialling, they must cancel it before the end of the initial period to avoid being subject to comply with the payment calendar of the selected plan.
3.11 The Company may provide promotional offers to users that are part of a membership plan consisting of the discounted price.
3.12 The Company carries out promotional and marketing activities through third companies, which may offer different promotional offers to those described herein, and may be subject to specific conditions.
4.1 The prices of services are those specified on the Website at the time of confirming the order. The User is made aware that prices may vary slightly due to the difference in value in united states dollar and the currency used by The User, so The Company shall not accept any liability for this difference.
4.2 The price of the service may vary depending on whether The User has joined as a member or not.
4.3 The prices shown include Value Added Tax (hereafter VAT) or equivalent legally applicable indirect tax, in case, in the country of consumption.
The user should bear in mind that the type of VAT rate applied, if applicable, will depend on the type of service purchased, and the applicable indirect tax regulation in the country of consumption.
4.4 The User agrees to receive electronic invoices (and receipts if applicable) for the purchase of digital products or services.
5.1 Digital products are not refundable from the moment the software is delivered, or in other words, from when The User can enjoy the digital product contracted.
5.2 Purchased service is non-returnable and non-refundable. However, if the service does not function properly, we may, at our sole discretion, either refund the purchase price of the service or replace it with an alternative service of equal value to the purchased service.
6.2 The Users located in the European Union shall exercise their rights of access, rectification, deletion, opposition, limitation to the processing and portability under the terms and conditions stipulated by the General Data Protection Regulation (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) and its implementation regulations. For the purpose of verifying the identity of The User, The Company may require The User to accompany their request with a photocopy of their national identity document.
6.3 For U.S. citizens and permanent residents of the United States, the exercise of their rights shall be in accordance with the CCPA (California Consumer Privacy Act) or favorable law applicable on the user's state and jurisdiction.
6.4 The Users located outside the EU and USA shall exercise their privacy rights in accordance with the applicable law in the jurisdiction of the requesting party.
7.1 The Company shall not incur any liability in the event of changes to price or taxes applicable to the digital products or services, or in the event of a lack of availability or a non-functionality of the service. It shall not be liable for breaches by third parties (such as providers, etcetera), in the event of force majeure.
7.2 The User must be diligent when confirming receipt of the emails sent by the Website and therefore check that these are not received in their junk email folder.
7.3 The warranty that The Company offers with respect to its service varies depending on whether The User is a "consumer" or a person acting within the framework of his professional activity, in accordance with the provisions of the state legislation applicable to the jurisdiction of the customer.
7.4 The Company shall not accept any liability for the failed, delayed or wrong delivery of the relevant service where The User has provided incorrect details or does not keep them duly updated.
7.5 The Website may contain links to third party websites. The Company does not accept any liability for the content of these sites.
7.6 The Company carries out promotional and marketing activities directly and through third companies. The Company does not accept any liability for these promotional and marketing activities carried out by third parties where they are not in line with the guidelines and instructions provided by The Company, or where it is unaware of the action taken by third parties.
8.1 The User acknowledges that The Company may temporarily suspend their user account, as well as cancel orders placed, in the event that it detects any type of activity it deems to be fraudulent or abusive.
8.2 Transactions suspected of being abusive or fraudulent shall be returned via the original payment method used by The User.
8.3 The User has access to the Website’s customer service if they detect any type of fraudulent or abusive activity on their account, so that The Company may investigate the case and try to resolve the situation.
8.4 The Website limits the creation of user accounts to one per person and two per IP address, and reserves the right to control any attempt to set up multiple accounts. The persistent breach of this policy shall result in the cancellation of all of the accounts of the associated customers.
9.1 By accepting our Terms and Conditions, The user agrees to be subscribed to automatic notifications that may be sent via SMS and/or email, in relation to their orders, personal preferences and other activities related to the service provided by the Website.
9.2 Users who subscribe to the newsletter and notification service may receive as part of the service a personalized product offer, as well as emails, newsletters, special offers and other updates in order to maximise their shopping experience.
9.3 Users may unsubscribe from the optional notifications at any time by accessing “My Account” in their user account on the Website or by contacting customer services.
9.4 The Company will not be held responsible for the failed, delayed, or incorrect delivery of the digital products or services if the User has provided incorrect data or fails to keep them properly updated.
9.5 The User may contact The Company using the following contact details:
Sedine Luna Wisdom LLC
9597 Jones Rd #308, Houston
Tax identification number 87-3330744
Email address for customer services and incidents: [email protected]
10.1 The Company reserves the right to make changes to these terms and conditions and any of the policies on the Website at any time.
10.2 The User shall be subject to the terms and conditions, policies or conditions of sale that are in force at the time of placing their order, unless due to an applicable legal provision or at the request of a public authority, a change can be made to these terms and conditions, policies or conditions of sale.
10.3 If any of these conditions is declared invalid, void or unenforceable for any reason, this condition shall be understood to be excluded without such declaration affecting the validity or enforceability of the remaining conditions.
11.1 The Company reserves the right to assign the rights and obligations arising from its contractual relationship with The User to any natural or legal person it deems appropriate, and the latter shall assume all of the legal rights and obligations arising from it, it must nevertheless inform The User of this eventuality.
11.2 The User shall not be permitted to transfer or assign in any way a contract or any of the rights or obligations arising from it without prior written consent from The Company.
12.1 These terms and conditions shall be governed and interpreted in accordance with the laws corresponding to the registered address of The Company.
12.2 The Courts of the registered address of The Company shall be competent to resolve any dispute with regard to the application or interpretation of these terms and conditions.
12.3 If The User has consumer status and resides in any of the Member States of the European Union, they may also choose to apply the jurisdiction of their country of residence and to apply any mandatory rules of the law of their country of residence.
12.4 If The User has consumer status and resides in the United States, they may also choose to apply the jurisdiction of their State of residence and to apply any mandatory rules of the law of their State of residence.
12.5 In the event of any dispute that may arise in relation to the fulfilment of these terms and conditions, both parties agree that they shall try to reach an amicable agreement in good faith before the use of any other means of conflict resolution.