WAMBALA SPORT, S.L. puts at your disposal an online purchase service that will allow you to plan training for the following endurance sports (cycling, mountain biking, running, trail, duathlon and triathlon). Next, we invite you to review the general conditions of sale that regulate the purchase of WAMBALA services through the website -www.wambala.es- (the "Website").
In this sense, the use of this Website constitutes, in what is applicable, your acceptance of these general conditions of sale. However, if you have any questions about them, you can contact firstname.lastname@example.org.
The following conditions regulate the sale of the services presented on this Website by the company:
WAMBALA SPORT, S.L.
C/ San Quílez, 12 - 26280 Ezcaray
Registered in the Mercantile Registry of Logroño, Volume 870, Folio192, Page LO-19309
By placing an order on the Website you ensure that you are over 18 years of age and that you are not pregnant/pregnant. The services offered are provided in Spain.
In accordance with Art. 40 of Law 47/2002 amending Law 7/1996 on Retail Trade of January 15, and Law 34/2002 of July 11 on services of the information society and electronic commerce, before placing the order, the Buyer has the right to be informed on the Site of the essential characteristics of the services he wishes to contract. The use of the services offered by WAMBALA for commercial purposes of any kind is expressly prohibited.
The services offered on the Website are training planning for the following endurance sports (cycling, mountain biking, running, trail, duathlon and triathlon). You acknowledge our full ownership in relation to any and all intellectual property rights in the products, materials or content contained on the Website.
Each plan is accompanied by the following data:
Plan description and what's included
Retail Price (in €)
Special offers, promotions or discounts will be valid until the date indicated.
In the same way, WAMBALA makes the necessary efforts so that the information contained in the Website is complete, truthful and correct. If there is an error in any data, WAMBALA will proceed to rectify it.
2. Once the client has been registered, he will have access to a form called "Personal Study" that he must answer so that the service can be provided. This form includes the circumstances and personal requirements on which the design of the personalized training will be based. If the client does not complete this Personal Study, he will not have access to the service.
3. Once the client sends his personal study, he will have the first planning in an immedata way. This planning will correspond to the first 14 days that begin to count from the Monday following the completion of the Personal Study.
4. WAMBALA offers these first 14 days for free. The free trial happens only once for each customer, and WAMBALA will make the appropriate checks to prevent the same user from benefiting from this promotion on more than one occasion.
5. After the end of the trial period, WAMBALA is offered as a paid service, and will inform by email of such termination. For WAMBALA to provide the service, the customer must provide a valid credit or debit card in order to proceed with the payment. The first payment will be made immediately in real time, the following payments will be made as a subscription on a monthly basis, on the same day of each month as the day of commencement of the provision of paid services.
6. All orders are subject to acceptance by WAMBALA. WAMBALA is not obliged to accept the order and may, at its discretion, refuse its acceptance.
7. The WAMBALA contract between the client and WAMBALA in relation to the requested service(s) shall be deemed to have been completed when WAMBALA receives the payment through the payment gateway established for this purpose and sends the confirmation to the user.
All orders are subject to availability. If it is not possible to have such availability, the customer will be notified immediately. In addition, the amount of the service charged and not provided will be paid to the customer in the following days, by the same means of payment used in the purchase.
The customer may change subscription plans. To do this, you must write an email to email@example.com explaining the new criteria you request. This new plan does not entitle you to a free trial.
WAMBALA may cancel any Confirmed order or refuse to accept an order placed for the following reasons:
In case of a technical error and / or a typographical error in the prices or in the rest of the data of the services contained in the Website when the order was placed.
Due to lack of places.
When the security systems indicate that the order may be fraudulent.
When there are reasons that indicate that the client is a minor.
When there is a computer attack, virus or any event that is beyond reasonable control (force majeure) of WAMBALA.
In such cases, WAMBALA will fully reimburse the amounts that have been paid in accordance with the provisions of these conditions.
The prices on this website of the plans are shown in Euros. You can check the prices of the plans here (www.wambala.es/precios). The customer can buy from the country he prefers. The prices of the services may change at any time, but any changes will not affect orders for which WAMBALA has sent the customer its confirmation.
All prices of the services listed on this Website include VAT at the rate in force at any time. In the contracts made in the Canary Islands, Ceuta and Melilla, the corresponding taxes and excise duties will be applied in accordance with the regulations in force in each of these territories.
The customer gives his express consent to issue the invoice in electronic format. In case the customer wishes to receive an invoice in paper format, he can request it at any time by contacting firstname.lastname@example.org.
WAMBALA will only accept payments made by credit or debit card, as a monthly subscription.
WAMBALA accepts payment for purchases made through the Website with the following credit or debit cards: Visa, Mastercard and American Express.
The charge will be made on the corresponding renewal day of each month depending on the subscribed plan, through the payment gateway of the corresponding financial institution, once it has been verified that the data communicated are correct.
We may offer a free trial subscription for the service for a period of 14 days. From the day of the end of the free test, the services must be paid.
In order to give maximum security to the payment system, WAMBALA uses secure payment systems of leading financial institutions in electronic commerce. In this sense, the confidential payment data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. For payment with Visa, Mastercard and American Express, WAMBALA only accepts CES (Secure Electronic Commerce) transactions including, if applicable, the international 3D Secure protocol distinguished by the Verified by Visa, MasterCard SecureCode and American Express Safekey badges. Secure Electronic Commerce is an initiative whose basic principle is to ensure security in Internet transactions.
When making the payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. Then, it will connect with the issuing bank of the same, which will request that it authorize the operation by means of a personal authentication code. The operation will only be carried out if the credit card issuing bank confirms the authentication code. Otherwise, the transaction will be rejected.
As a complementary measure to the 'Secure Payment' system and with the aim of collaborating in the prevention of fraud through the Internet, WAMBALA reserves the right to verify the personal data provided by the customer, as well as to adopt the measures it deems appropriate (including the cancellation of the order) so that the purchased merchandise is delivered in accordance with the data contained in the order.
Use of the WAMBALA Services is at Customer's own risk. In any case, a condition of your use of the WAMBALA Services is that you are in good general health. If you become aware of any pre-existing medical conditions, we advise that you seek the advice of a physician before commencing WAMBALA Services. This applies in particular if you are aware of one or more of the following medical ailments/conditions/procedures
Lung or respiratory diseases
Spinal and/or joint problems
Any other health problem that you think should be aware of before the provision of services offered by WAMBALA
In the case of WAMBALA nutrition-related suggestions, Customer is responsible for verifying that the foods and nutrients recommended as part of the training or guide do not contain any ingredients or content to which it is allergic or which may cause a food intolerance.
In addition, Customers should note that minors under the age of 18, pregnant women and nursing mothers should not take the trainings and guidelines offered by WAMBALA.
Before using the WAMBALA Services for the first time or while using our services, if you have any questions about your health (for example, because you experience considerable pain, malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing the services.
In no event do the services and information offered by WAMBALA constitute or substitute medical advice. They are also not a substitute for a medical examination or treatment by a doctor.
By signing these conditions, the client declares to be suitable for physical sports activity on a regular basis, enjoying good physical and mental health.
That for this reason and under the protection of the autonomy of its will, it assumes for its part the most absolute and complete responsibility regarding the practice and development of sports training and other programs recommended by WAMBALA, and consequently exempts WAMBALA from all responsibility in case of any mishap, injury and / or accident, both personal and material, that may eventually occur derived from such practice and development.
At any time you can cancel the subscription to the plan, without having to indicate the reasons, from the section of your profile, in "Cancel Subscription", but the Customer will still have access to all the functions of your subscription during the remaining period of your current paid period.
The cancellation must be carried out 3 days before the renewal date in order to meet the request not to proceed with the automatic renewal.
The user is aware that the right of withdrawal expires at the time of payment, given that it is considered that the start of the provision of the service has already been executed in its entirety. The Customer confirms that he is aware that he will lose his right of withdrawal.
To the extent that guides or instructions are provided in connection with the WAMBALA Services, it is imperative that the Client follow them. Otherwise, you run the risk of injury and your health in general, always being under the responsibility and assessment of the Client.
The liability of WAMBALA, will be for damages due to deliberate conduct or gross negligence or the absence of an essential characteristic of the contracted services, for reasonable and foreseeable damages. In all other cases, WAMBALA's liability shall be excluded.
To customers who make their purchases as consumers, WAMBALA offers guarantees on the services marketed through the Website, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, "TRLGDCU").
Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the three (3) years after the provision of services.
We make no warranty about the use of the WAMBALA Services for training or other results intended by you. We do not promise concrete success. In addition, the actual result of the training will depend on factors that cannot be influenced, such as, for example, the physical disposition and the preconditions. Consequently, results may vary greatly between individuals despite the same use of the WAMBALA Services.
In this sense, if any of the services is not in accordance with the contract, the client must inform WAMBALA through any of the means of communication provided for in these conditions.
The client may not transmit, assign or transfer a contract or any of the rights or obligations derived therefrom without having previously obtained in writing the consent of WAMBALA.
No waiver by WAMBALA of any particular right of action arising out of this agreement shall constitute a waiver of any other rights or remedies unless expressly communicated in writing.
In accordance with the legislation governing the ownership of intellectual and similar rights, this Site and all its elements, trademarks, designs, photographs, texts, illustrations, logos, animated sequences or not, sound or not, graphics, etc., as well as their compilation are the exclusive property of the Seller, who grants no license or right other than that of consulting the Sitio.Se prohibits use, reproduction, duplication, copying, sale, resale, accessibility, modification or any other exploitation, in whole or in part, of the Site, its content or the marks for any purpose, unless previously authorized in writing by the Seller.
Any other use will constitute counterfeiting and punishable according to Intellectual Property, unless prior written authorization of the BRAND.
In accordance with the regulations on the protection of personal data, it is indicated that the personal data collected for the processing of the order will be used exclusively for the management of the same.
In the realization of the same you will have the possibility to accept that your data is incorporated in the Register of the Activity of Treatment of the Brand in order to facilitate the realization of future orders, the management of clients and / or suppliers, advertising and commercial prospecting.
Referring exclusively to the processing or processing of data for conventional prospecting and other forms of marketing or advertising, including direct marketing or direct marketing. According to Recital 47 of Regulation (EU) no.2016/679, General Data Protection, the legitimate interest could occur "when there is a relevant and appropriate relationship between the interested party and the person responsible, such as in situations in which the interested party is a client or is at the service of the person in charge", as is precisely the case at hand. It adds, recital 47 of the GDPR, that "The processing of personal data for direct marketing purposes can be considered carried out by legitimate interest".
The bank details of the process are stored in a database designed for this purpose and will not be kept, only while the purchase is made, the payment is made and until the withdrawal period has elapsed.
WAMBALA may modify these conditions in any comment without, in any case, its retroactive application. The Customer will be notified by email informing him of the entry into force of the new version of the Terms and Conditions. In the event that the Client does not modify the new Terms, they will be considered accepted by the Client.
In the event that any provision of these terms is declared void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or non-application will not affect the remaining provisions of these terms.
These conditions shall be governed by Spanish Law. Any dispute arising from the interpretation and/or execution of these, the parties submit, at their free choice, to the jurisdiction that the current rules of private international law designate as competent.
For any type of doubt, query, suggestion or claim you can contact WAMBALA through the following communication channels:
By post to: C/ San Quílez, 12 - 26280 Ezcaray
By email to: email@example.com
We inform you that the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers will be able to submit their complaints through the aforementioned online dispute resolution platform.