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General terms and conditions of sale

1) Scope of application

1.1 These general terms and conditions of sale ( " General terms ") shall apply to all supplies of goods labelled with the Ruster Fitness® trademark and/or with any other third party trademarks (" Products ") to be executed to any customer ("") by Rowess Fitness S.L. (""). CUSTOMER " ) by Rowess Fitness Solutions S.L, either as a Ruster Fitness ® licensee or as a reseller of any third party products, with registered office at Polígono Industrial "Los Olivares" C/ Huelma 6 Parcela 4, 23009 - Jaén - Spain, with CIF B23780950, (" VENDOR "), through its website www.rowessfitness.com (" Website ").

1.2 These General Conditions shall also apply to any supply of the Products executed to any CUSTOMER by the SELLER, by way of invoicing, for EU VAT purposes only.

1.3 No provision deviating from these General Terms shall be binding on SELLER unless (i) included in the "Sales Contract" as defined in paragraph 3.1 below or (ii) included in documents subsequent to the Sales Contract and the content of which has been accepted in writing by SELLER. In any event, even if divergent provisions are agreed in writing, these General Terms shall continue to apply to all sections not expressly disregarded.

1.4 In the event that the CUSTOMER, during the procedure aimed at executing the Sales Contract or subsequently, communicates to the SELLER its VAT number or, in the case of sports associations or similar subjects, an equivalent tax identification number for invoicing the Products purchased, the CUSTOMER accepts and acknowledges that such communication shall be considered as a declaration by the CUSTOMER that it purchases the Products to use them exclusively for its own business and/or professional activity, consequently, the CUSTOMER shall not be considered a consumer for any legal purpose and for these General Terms.

1.5 In the event that the CUSTOMER is a consumer, the provisions of these General Terms and Conditions shall not prejudice the rights of the CUSTOMER under the mandatory rules of the country of residence of the CUSTOMER.

2) Product characteristics and specifications

2.1 Any information and images with respect to the Products included on the Website are approximate and purely informative. As a consequence, such information and images may not perfectly represent the characteristics, features and/or specifications of the Products and, therefore, the same shall not be binding on the SELLER.

2.2 Before executing the Sales Contract, the CUSTOMER is responsible for ensuring that the Products are suitable for their specific purpose and/or intended use and, furthermore, that the Products also comply with the laws and regulations applicable in the place where the CUSTOMER will import, distribute or use them in any way. Therefore, the SELLER shall not be liable for any damages, direct or indirect, occurring to the CUSTOMER or to any third party that may arise in any way or in connection with the supply of Products that do not comply with the specific purpose and/or intended use. or with the aforementioned laws and regulations.

3) Execution of the sales contract: responsibility of the CUSTOMER for the information provided.

3.1 The contract of sale (" Contract of Sale" ) is executed exclusively by the following procedure:

  1. The CUSTOMER, having selected the items for which he/she wishes to confirm the order, by clicking on "Add to cart", visible on each product page of the Website, will proceed to the page of the Website called "Checkout" and thus complete the order online form following the instructions of the Website. Before placing the order, the CUSTOMER shall view a page summarising the Products purchased with the related prices (including duties and taxes where applicable), the relevant payment methods and payment fees (where applicable), the delivery procedure and related costs, and the Terms and Conditions of Sale herein, among which the term for which the SELLER undertakes to deliver the Products purchased is also mentioned.2
  2. In the event that the CUSTOMER chooses a deferred payment method (e.g. bank transfer, etc.) or in the event that the CUSTOMER chooses to confirm the order without choosing any payment method and the SELLER will contact him/her again, he/she will transmit the Order to the SELLER by clicking on "Place order".
  3. If the CUSTOMER chooses a web-based payment method (e.g. Paypal, credit card, etc.), clicking on "Place order" will take the CUSTOMER to the website of the provider of the chosen payment method and, once payment has been confirmed, will automatically transmit the order to the VENDOR.
  4. The SELLER, upon receipt of the order, shall immediately send the CUSTOMER a communication confirming receipt of the order (" Order Confirmation" ) with its order number. It is understood that the Order Confirmation does not constitute an acceptance of the CUSTOMER's order, but is exclusively a confirmation that the order has been received and that the data verification procedure and the availability check of the Products purchased have been initiated, provided that, like the verification of the CUSTOMER's payment, in this case the CUSTOMER himself chose a deferred payment method during payment on the Website.
  5. SELLER, within 7 (seven) days after the communication of the Order Confirmation, or, in case the CUSTOMER chooses a deferred payment method, from the date of receipt of payment, shall notify the CUSTOMER that the order has been shipped (" Shipping Confirmation"), communicating all information related to the order number, the Products shipped, their price, the shipping documents, the tracking data and the designated carrier, provided that the planned delivery date (planned but not binding). Within the same period, if, for example, the ordered Products are not available in whole or in part, the CUSTOMER will be notified by e-mail about the total or partial rejection of the order, or about the possibility of accepting a postponed delivery for all or part of the order. Products purchased. In the latter case, the CUSTOMER shall communicate to the SELLER, within 3 (three) days, by email to the address info@rusterfitness.com, its acceptance / refusal of a postponed delivery in whole or in part. The CUSTOMER is aware that in the event that the SELLER does not receive any reply from the CUSTOMER within the aforementioned period, the SELLER shall be entitled to postpone in whole or in part the delivery of the Products purchased from the CUSTOMER.

The sales contract shall be deemed to have been executed only after the SELLER has sent the delivery confirmation to the CUSTOMER.

3.2 Deliveries shall only include what is expressly stated in the Shipping Confirmation. In this respect, the SELLER shall be entitled not to deliver and not to charge the CUSTOMER for Products that are not available at the time of shipment. In such a case, the CUSTOMER shall only pay for the Products specified in the Shipping Confirmation, without any right to terminate the Sales Contract and claim reimbursement for any damage or loss suffered.

The above provisions shall not affect the right of withdrawal set out in article 6 below in the event that the CUSTOMER is a consumer.

If the SELLER delivers to the CUSTOMER only part of the Products purchased and the CUSTOMER does not accept a partially postponed delivery, the SELLER shall refund the CUSTOMER the price paid, provided that the payment method fees (where applicable) and shipping fees are applied, via the same payment method used by the CUSTOMER to pay the SELLER.

3.3 The CUSTOMER shall be responsible for all data provided to the SELLER necessary for any communication that the SELLER may send to the CUSTOMER, for invoicing purposes and for the delivery of the Products ordered. Therefore, the SELLER shall not be held liable for any damage, whether direct or indirect, suffered by the CUSTOMER or third parties in the event that the data provided by the CUSTOMER is incomplete or incorrect.

4) Packaging - Delivery time - Delivery time

4.1 The Products shall be packed and prepared for shipment in accordance with the standard methods of protection generally adopted by the SELLER for the Products in question, in accordance with the agreed mode of transport.

4.2 The SELLER shall deliver the Products by designating the most suitable carrier at any time. Unless otherwise stipulated in the Sales Contract, the Products shall be sent to the CUSTOMER from the SELLER's warehouse, located atPolígono Industrial "Los Olivares" C/ Huelma 6 Parcela 4, 23009 - Jaén - Spain and, therefore, shall be delivered to the CUSTOMER's address indicated in the Sales Contract.

4.3 THE SELLER shall make every effort to deliver the Products within the delivery date provided for in the Sales Contract, even in the case of partial deliveries, and in any event no later than 30 (thirty) days ("Delivery Period") from the date of transmission of the Dispatch Confirmation. Except for specification of a different deadline, intentional irregularities or gross negligence, the SELLER shall not reimburse any damages, whether direct or indirect, due to a delay in delivery.

4.4 After delivery of the Products, if the CUSTOMER is not available at the destination address, the Products will be temporarily stored in the warehouse of the nearest carrier at the CUSTOMER's Products' destination address. The designated carrier will attempt to deliver the Products to the CUSTOMER up to two more times. If the CUSTOMER is still unavailable, after the third delivery attempt, the Products will be sent back to the SELLER's warehouse. All costs incurred for any delivery attempt after the first one, as well as for sending the Products to the SELLER's warehouse, shall be charged to the CUSTOMER by the SELLER. Upon actual receipt of the Products, the CUSTOMER must report any damage to the packaging and/or shortages or anomalies of the Products occurring during transport, notifying the details of such events on the transport document,

  1. have such notification countersigned by the carrier; and
  2. Immediately inform the SELLER thereof, in writing by e-mail to info@rusterfitness.com, and send the SELLER a copy of the countersigned document no later than 1 (one) day(s) from the date of receipt of the Products.

If this is not the case, the SELLER shall not be liable for any damage, loss or theft of the Products occurring during transport, even if the risks of transport were, in whole or in part, borne by the SELLER.

5) Prices - Payment

5.1 The prices of the Products are listed on the Website and include charges and taxes, where applicable.

5.2 The prices of the Products do not include shipping costs, which are indicated and calculated during the ordering procedure and before confirmation of the order.

5.3 The prices of the Products do not include any additional fees that the SELLER may charge the CUSTOMER in case of use of certain payment methods. They are calculated during order confirmation, only in cases where they are applicable, and may not be higher than the cost paid by the SELLER to the supplier of the relevant payment method for the use of the same.

5.4 In the event of a computer, manual, technical or any other error causing a significant variation in the prices of the Product described on the Website and rendering them unreasonable or clearly derisory, the SELLER shall be entitled to terminate the related Sales Contract. In such a case, the SELLER shall, within 15 (fifteen) days from the day of termination, reimburse the CUSTOMER for the entire amount paid in relation to the terminated Sales Contract.

5.5 THE CUSTOMER shall pay for the Products in accordance with the payment methods set out on the Website, even if some of them represent a deferred payment for the execution of the order (as a mere example: Bank Transfer, etc.). In no case shall the CUSTOMER incur higher costs than those payable by the SELLER in relation to the payment method chosen to execute the payment.

More detailed information about the SeQura payment method can be found at the following link https://rusterfitness.com/metodo-de-pago-sequra.

The CUSTOMER shall not consider that any payment has been made until the relevant amount has been credited to the SELLER's bank account.

5.6 The SELLER shall ensure that payment-related communications and data provided by the CUSTOMER when executing the payment, in case the CUSTOMER chooses a web-based payment, are managed through dedicated websites and lines provided and managed by several payment method providers.

The security of the electronic payment methods offered on the SELLER's website is guaranteed by: for the provider PayPal Holdings, Inc: SHA256 + TLS 1.2; for the provider Stripe Inc. (USA): AES 256 bit.

5.7 THE VENDOR shall not be held liable for any loss or theft of the CUSTOMER's payment details, when the payment is executed outside the website and is therefore entirely under the control of the provider of the payment method chosen by the CUSTOMER.

6) Right of withdrawal - RETURNS AND REFUNDS.

6.1 In the event that the CUSTOMER is a consumer, the CUSTOMER shall be entitled to terminate the Sales Contract, without penalty and without providing any reason, within 14 (fourteen) days from the date of receipt of the Products. In the event of several purchases made by the CUSTOMER with a single order and delivered separately, the aforementioned period of 14 (fourteen) days starts from the date of receipt of the last Product.

6.2 To exercise the right of withdrawal, the CUSTOMER shall notify the SELLER using the following method:

  1. by writing and sending a detailed request to the SELLER by e-mail to the address info@rusterfitness.com with the subject "Exercise of the right of withdrawal from the Sales Contract", the order number and the reference date of the Sales Contract, in addition to all the other data listed below:
  • list of all products in the sales contract;
  • list of the Products for which the right of withdrawal is exercised (in case the right of withdrawal is exercised only for a part of the Products of the Sales Contract);
  • date of receipt of the Products for which the right of withdrawal is exercised;
  • surname and first name of the CLIENT;
  • address where the products to be returned to the SELLER can be collected by the carrier designated by the SELLER;
  • email address of the CUSTOMER (must be the same as the one provided on the VENDOR's website when confirming the order).

6.3 The SELLER shall, within 3 (three) days of receipt of the above communication from the CUSTOMER, send the CUSTOMER by e-mail all the documents and instructions necessary for the CUSTOMER to send back to the SELLER the Products for which the CUSTOMER has requested to exercise the right of withdrawal.

6.4 In the event of withdrawal, the CUSTOMER shall return the Products within 14 (fourteen) days from the date of communication to the SELLER of its intention to withdraw from the Sales Contract.

6.5 The Products shall be sent toPolígono Industrial "Los Olivares" C/ Huelma 6 Parcela 4, 23009 - Jaén - Spain. The CLIENT shall bear the direct costs of returning the Products, even if the SELLER manages and executes the return procedure.

6.6 The Products must be returned undamaged, in their original packaging and complete in all their parts (including the packaging and any documentation or accessories: manuals, cable, etc.) and together with the related tax documentation.

6.7 Without prejudice to compliance with the provision set out in paragraph 6.6 above, the CUSTOMER shall be reimbursed the amount paid to the SELLER for the Products objecting to the withdrawal, excluding payment method fees (where applicable and so paid), including the original shipping costs equivalent to the standard shipping costs provided by the SELLER, within 14 (fourteen) days from the date of receipt of the communication of withdrawal from the CUSTOMER.

However, the SELLER shall be entitled to withhold reimbursement until receipt of the Products or until the CUSTOMER has provided evidence of having returned the Products to the SELLER, whichever occurs first.

6.8 The VENDOR shall carry out the refund in accordance with the same payment methods used by the CLIENT for the purchase. In the case of payment by bank transfer or cash on delivery, the CUSTOMER must inform the SELLER, by e-mail to info@rusterfitness.com, of all the bank details for the reimbursement.

6.9 The SELLER shall be entitled to partially reimburse the CUSTOMER in the event that the Products returned, once received and checked by the SELLER, are not in the condition mentioned in article 6.6.

6.10 THE SELLER shall communicate by e-mail to the CUSTOMER the net amount to be reimbursed in the event that the SELLER incurs additional costs in order to bring the returned Products into the conditions mentioned in article 6.6 herein.

6.11 In the event that the CUSTOMER requests to exercise its right of withdrawal by partially or totally exchanging the Products purchased with other Products available in the SELLERS catalogue, the SELLERS must authorise such consultation and the CUSTOMER must therefore pay to the SELLER, in addition to all the present article 6 prescribed costs, the cost of freight to ship the new Products to the CUSTOMER's destination address and/or the difference between the lower original price paid for the Products that the CUSTOMERS request exchange and the higher price of the Products requested by the CUSTOMER as replacement Products. SELLER will calculate the shipping cost to ship replacement Products by the shipping cost calculation method used on the SELLER Site. If the CUSTOMER requests a lower priced batch of replacement Products,

7) Legal guarantee

7.1 In the event that the CUSTOMER is a consumer, the CUSTOMER shall be entitled to the guarantee provided by law (" Legal Guarantee" ).

7.2 In accordance with the Legal Warranty, the SELLER warrants that the Products shall comply with the Sales Contract and that it shall be liable for any conformity defects discovered within two (2) years from the date of delivery of the Products.

7.3 In the event of receipt of Products that do not comply with the Sales Contract, the CUSTOMER shall notify the SELLER of the non-conformity in writing within two (2) months of its discovery, failing which the Legal Guarantee shall expire.

7.4 The legal guarantee does not cover:

  1. not to use or maintain the Products strictly in accordance with the instructions included in the relative use and maintenance manual, or the technical sheets, attached to each Product, or in the "Product Use, Safety and Maintenance Sheet" that the CUSTOMER will find and download on the website;
  2. use of the Products for purposes other than standard use or outside the operating limits, guidelines and instructions described in the relative use and maintenance manual, or in the technical sheets, attached to each Product, or in the "Product Use, Safety and Maintenance Sheet" that the CUSTOMER will find and download on the website.

7.5 In the case set out in paragraph 7.3 above, the CUSTOMER is entitled to have the non-conforming Products repaired or replaced free of charge. For this purpose, the CUSTOMER shall immediately contact the SELLER by e-mail at the address info@rusterfitness.com.

The SELLER shall organise, at its own expense, the shipment of a replacement product to the CUSTOMER, or the collection of the non-conforming Products, in accordance with the CUSTOMER's availability. The SELLER shall, in any case, become the owner of the non-conforming Products that have been replaced.

7.6 In the event that the remedies mentioned in paragraph 7.5 above are impossible or excessively onerous, the CUSTOMER is entitled, at its option, to request a price reduction or to terminate the Sales Contract.

8) Conventional guarantee

8.1 If the CUSTOMER is a professional, he shall be covered by this single conventional guarantee (" Conventional Guarantee" ).

8.2 In accordance with the Standard Warranty, the SELLER warrants that the Products are free from defects in material or workmanship and that they comply with the Sales Contract. Without prejudice to the provisions set out in the data sheet for each Product, which the CUSTOMER can find and download from the website, the Conventional Warranty period is 12 (twelve) months from the date of delivery of the Products.

8.3 No contractual warranty shall apply in the event of:

  1. not to use or maintain the Products strictly in accordance with the instructions included in the relative use and maintenance manual, or the technical sheets, attached to each Product, or in the "Product Use, Safety and Maintenance Sheet" that the CUSTOMER will find and download on the website;
  2. use of the Products for purposes other than standard use or outside the operating limits, guidelines and instructions described in the relative use and maintenance manual, or in the technical sheets, attached to each Product, or in the "Product Use, Safety and Maintenance Sheet" that the CUSTOMER will find and download on the website.
  3. a different conventional Warranty term is established for a specific Product and, therefore, the CUSTOMER is notified on the web page of the corresponding Product in the tab called "Special Warranty".  

8.4 THE CUSTOMER shall inspect the Products as soon as possible and notify the SELLER of any defects or non-conformities in writing, by e-mail to the address info@rusterfitness.com, within and no later than the following terms; failure to do so shall result in the expiry of the warranty and the inapplicability of warranty rights:

  1. differences in type and/or quantity of the Products with respect to the type and/or quantity or evident non-conformities: 8 (eight) days from delivery of the Products at the CUSTOMER's premises;
  2. hidden defects or non-conformities of the Products: 8 (eight) days from the discovery thereof and, for the avoidance of doubt, within the above warranty period.

In the notification document, the CUSTOMER shall provide a detailed and comprehensive description of the claimed defects or non-conformities together with appropriate photographic documentation.

8.5 THE SELLER shall be entitled to examine the Products, or samples of the Products, which the CUSTOMER claims to be defective or non-conforming. In this respect, the CUSTOMER shall be entitled to return to the SELLER Products which the CUSTOMER considers to be non-conforming or defective only with the written authorisation of the SELLER and only on condition that the CUSTOMER assumes all costs and risks for the shipment of the Products, unless the SELLER expressly authorises the CUSTOMER in writing to ship such Products at the SELLER's costs and risks.

Authorisation to return allegedly defective or non-conforming Products or samples shall never be construed as an acknowledgement of the defects or non-conformities claimed by the SELLER.

8.6 In the event that the SELLER determines that the Products are indeed defective or non-conforming, the CUSTOMER shall only be entitled to obtain, at the option of the SELLER:

  1. repair or replacement of defective or non-conforming Products at no cost to the CUSTOMER; or
  2. partial or total exemption from payment of its price, depending on the seriousness of the defects or non-conformities.

8.7 For the purposes of paragraph 8.6 (a), Products repaired at the SELLER's premises, as well as Products replacing defective or non-conforming Products, shall be delivered to the CUSTOMER in accordance with the delivery time Ex-Works (EXW) - SELLER's premises, unless the SELLER authorises the CUSTOMER in writing to return the Products at the SELLER's costs and risks. In any case, the SELLER shall become the owner of the Products that have been replaced.

8.8 The rights and remedies described in paragraphs 8.6 above are the only warranty rights and remedies granted to the CUSTOMER. To the fullest extent permitted by law, any other liability of the SELLER, which may arise in any way or in connection with the supply of defective or non-conforming Products, including, but not limited to, compensation for direct or indirect or consequential damages, loss of profits, etc., is expressly excluded. The SELLER's liability for damages, loss of profits, etc., is expressly excluded.

8.9 This Standard Warranty is in lieu of and excludes all other warranties, express or implied, statutory or otherwise.

9) Right to use the trademarks of the Products

9.1 The CUSTOMER accepts and agrees that no clause within these General Terms may be construed as granting the CUSTOMER any right of ownership or use of the trademarks, names and any other distinctive signs of the Products.

9.2 The CUSTOMER shall not register or be registered by other trademarks, trade names, patents or distinctive signs of the Products, or trademarks, trade names, patents or distinctive signs that are similar or may be confused with those of the Products, regardless of the language in which they are expressed, and in particular with reference to the registered trademark "Ruster Fitness ®". In addition, the CLIENT will not use the company name, trademarks or any other alphanumeric words and any other graphic, photographic and video signs referring or referable to the Products, regardless of the language in which they are expressed, and in particular with reference to the registered trademark "Ruster Fitness ®" and any other graphic, photographic and video signs identifying in any way the registered trademark "Ruster Fitness ®",

9.3 In the event that the CUSTOMER has registered, has registered or has caused another person to register an exclusive right to trademarks, names or other distinctive signs or domain names relating to the Products, in violation of the provisions set out in paragraph 9.2 above, these registrations shall be immediately transferred from the CUSTOMER to the SELLER. For this reason, the CUSTOMER shall commence and complete, as quickly as possible, all activities necessary to make the transfer of these rights to the SELLER permanent, without payment or reimbursement of all costs incurred for this purpose.

10) Force majeure

10.1 THE SELLER shall not be liable for any failure or delay in the performance or fulfilment of its obligations in connection with the supply of Products where such failure or delay is due to the occurrence of a force majeure event such as war, fire, earthquake, flood, tsunami, strike, labour or employment difficulties, breakdown and failure of the Internet, restriction of the use of power, suspension or difficulties in transportation, breakdown of plant, acts of public authorities or any other event or cause of any kind, similar or different, which cannot be reasonably foreseen or provided for and which the SELLER cannot overcome with reasonable diligence.

11) cookies

11.1 The website uses "cookies". Cookies are files that store information about the CLIENT's browsing on the website that record information about the CLIENT's browsing on the website (pages visited, connection time, etc.) and allow the VENDOR to provide a personalised service to its customers.

11.2 The CUSTOMER has the right to disable cookies through its Internet configuration menu. It is understood that deactivation will prevent the CUSTOMER from shopping online.

More information is available at the following link: https: //www.rowessfitness.com/politica-de-privacidad/

12) Privacy policy

12.1 The CUSTOMER may acquire information and establish his/her preferences regarding the processing of personal data by accessing the following link https://www.rowessfitness.com/politica-de-privacidad/.

13) Divisibility

13.1 The invalidity or unenforceability of any provision, or part of any provision, of these General Terms shall not affect the validity or enforceability of any other provision.

14) Applicable Law - Dispute Resolution

14.1 These General Terms and all Sales Contracts to be executed by the parties on the basis thereof shall be governed by the law of the Republic of San Marino. In the event that the CUSTOMER is a consumer, the CUSTOMER is bound by the mandatory rules of the country of residence of the CUSTOMER.

14.2 Any dispute arising out of or in connection with these General Terms or in connection with a Sales Contract arising on the basis thereof shall be subject to the jurisdiction of the Court of the Republic of San Marino. In the event that the CUSTOMER is a consumer, the CUSTOMER is covered by the mandatory rules of the country of residence of the CUSTOMER.

14.3 The CUSTOMER has the right to access the European Online Dispute Resolution Platform to resolve disputes, by accessing the following link http://ec.europa.eu/odr

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