Terms and Conditions

General Information

This website is operated by HabitoFit. Throughout the site, the terms 'we', 'us', and 'our' refer to HabitoFit. HabitoFit offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Store Terms

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information first. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Service and Price Modifications

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that your computer monitor will display colors accurately.

All products are subject to availability. Banner images are for illustrative purposes only. These laws cover all postings made in all media.

All promotions cannot be combined with other promotions. They apply while supplies last and are limited to one per person.

The use of coupons is personal, only one coupon per user. Coupon per order. Each coupon may have particular restrictions that will be communicated on the banner.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of the products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

HabitoFit is committed to providing the best products that meet our personal care and fashion standards, as well as complying with the highest applicable regulatory requirements for safety and health. In the event that any of our products do not meet the highest standards, we will not be liable for any damage resulting from a lack of use or defect of the products, and the product will be removed from our market immediately.

Section 6 – Billing and Account Information Accuracy

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

Prices may vary without notice due to external factors: currency devaluations, drastic changes in the exchange rate, among others.

In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

For more details, please review our Return Policy, in Section 18 of this document.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we do not monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranty, representation, or condition of any kind and without any endorsement. We will have no liability arising from or relating to your use of optional tools provided by third parties.

Any use by you of the optional tools offered through the site is at your own risk and discretion and you should ensure that you are familiar with and approve the terms under which the tools are provided by the third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the launch of new tools and resources). These new features and/or services will also be subject to these Terms of Service.

Section 8 – Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 – User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of any party or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or property right. You also agree that your comments will not contain material that is defamatory or illegal, abusive, or obscene, or that contains computer viruses or other malware that could affect the operation of the Service or any related website in any way. You may not use a false email address, pretend to be someone other than yourself, or deceive us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit the following link: https://habitofit.com/privacy-policy/index.html

Section 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (even after you have submitted your order).

We undertake no obligation to update, correct, or clarify information in the Service or on any related website, including, among others, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice.

You expressly agree that your use or inability to use the service is at your own risk. The service and all products and services delivered to you through the service are provided (except as expressly stated by us) 'as is' and 'as available' for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall HabitoFit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, among others, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products obtained through the service, or for any other claim related in any way to your use of the service or any product, including, among others, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless HabitoFit and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 – Severability

If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

Section 16 – Termination

The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If, in our judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain responsible for all amounts due up to the date of termination, inclusive; and/or accordingly we may deny you access to our services (or any part thereof).

Section 17 – Complete Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any operating policy or rule published by us on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior agreements, communications, and proposals, whether oral or written, between you and us (including, among others, any prior version of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Applicable Law

These Terms of Service and any separate agreement under which we provide you Services will be governed by and construed in accordance with the laws of Spain.

Section 19 – Changes to the Terms of Service

You can review the most recent version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to [email protected]

Section 21 – Transfer of Rights

You may not transfer or assign any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer, assign, or delegate our rights and obligations without notice or your consent.

Section 22 – Waiver

The failure to exercise or enforce any right or provision of these Terms of Service by us shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by us.

Section 23 – Electronic Contact

When you use our Service, you agree that we may communicate with you electronically via emails, notices on the website, or any other digital means. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Section 24 – Survival

The provisions of these Terms of Service that by their nature should survive termination shall survive such termination, including, without limitation, provisions related to ownership, waivers, indemnification, and limitations of liability.

Section 25 – Language

These Terms of Service and any related agreement have been drafted in Spanish. In the event that there is a translation of these Terms of Service in another language, the Spanish version will prevail in case of conflict.

Section 26 – Third-Party Rights

These Terms of Service do not grant any rights to any person or party other than you and us, and in no event shall they be considered to grant rights to third-party beneficiaries.

Section 27 – General Provisions

If any provision of these Terms of Service is deemed invalid or unenforceable, such provision will be enforced to the fullest extent permissible, and the remaining provisions will remain in full force and effect.

Section 28 – Titles

The section titles in these Terms of Service are included for convenience only and will not affect or limit these Terms of Service.

Section 29 – Arbitration Agreement

In the event of any dispute arising from or related to these Terms of Service, the parties agree to first attempt to resolve the dispute amicably, in good faith, through negotiations. If no resolution is reached, the dispute will be submitted to binding arbitration in accordance with the International Chamber of Commerce’s commercial arbitration rules. The seat of arbitration will be in Spain, and the arbitral award will be final and binding, and may be submitted to any court with competent jurisdiction.

By using our website and services, you agree to these Terms of Service in full. If you have any questions about these terms, please contact us at [email protected].

Section 30 – Responsibility for Product Delivery

We strive to ensure that products are delivered within the estimated time in your order confirmation. However, we do not guarantee delivery within such timeframes and will not be responsible for any delays in delivery that are outside of our control. If your order is significantly delayed, we will do our best to notify you.

Section 31 – Subscription Policy

31.1 – Fitness App Subscriptions

For the fitness app, in the case of offering subscription plans. By subscribing, you agree to pay the fees associated with the subscription you selected. Subscriptions will automatically renew at the end of the subscription period unless you cancel the subscription before renewal. You can manage and cancel your subscription in your account on our website.

31.2 – Cancellation Policy

You may cancel your subscription at any time. The cancellation will be effective at the end of the current billing period, and no refunds will be provided for partial periods.

Section 32 – Use of Online Chat

32.1 – Purpose of the Chat

The online chat is designed to communicate with users of the HabitoFit community regarding topics specific to each room. You agree to use the chat responsibly and respectfully.

32.2 – Prohibitions in the Chat

It is prohibited to use the online chat to: (a) send spam or unsolicited messages; (b) harass, abuse, insult, or intimidate other users or our staff; (c) any illegal or unauthorized purpose.

32.3 – Conversation Recording

We may record and monitor online chat conversations for quality and training purposes. By using the chat, you agree to this monitoring policy.

Section 33 – Dropshipping Products

33.1 – Dropshipping Process

Some products offered on our website are sold through dropshipping, meaning they are shipped directly by the supplier and not by us.

33.2 – Shipping and Delivery Times

Shipping and delivery times for dropshipping products may vary. We will provide you with an estimated delivery time of less than 14 days, but we do not guarantee these timeframes as we depend on third parties.

33.3 – Supplier Responsibility

In case of problems with dropshipping products, we will do our best to assist in resolving the issue with the supplier. However, our liability is limited to the terms and conditions set by the supplier.

Section 34 – Product Warranties

34.1 – Covered Products under Warranty

We offer warranties for certain products as specified in the product descriptions. The terms and duration of the warranty may vary depending on the product and the supplier. In the event that the warranty duration is not listed in the product description in the store, it will be 7 days from the date of purchase.

34.2 – Warranty Claim Procedure

To file a warranty claim, you must contact us with evidence of the product defect within the warranty period. We will review your claim and, if applicable, coordinate with the supplier to replace or repair the defective product.

By using our website and services, you confirm that you have read, understood, and accepted these Terms and Conditions. For any questions or comments, you can contact us at [email protected].

Last updated: September 2, 2024