Terms and Conditions


Terms of Service

This website is operated by Telmos Atlantic S.L. Throughout the site, the terms “we,” “us,” and “our” refer to Telmos Atlantic S.L.. Telmos Atlantic S.L. offers this website, including all the information, tools and services available on this site for you, the user, conditioned on your acceptance of all the terms, conditions, policies and notices indicated here, stating that you have read, understand and understand the following terms.

By visiting our site and / or purchasing something from us, you participate 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 here in and / or available by hyperlink. These terms of service apply to all users of the site, including, but not limited to, users who are navigators, suppliers, customers, merchants and / or content contributors.

Please read these terms of service carefully before to access or use 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 contract, you will not be able to 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 added to the current store will also be subject 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 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 after any changes are posted constitutes acceptance of those changes.

Terms of sale

SECTION 1 – APPLICABLE REGULATIONS

1.1 Definitions

In these general conditions of sale: “CUSTOMER” means any person who has started the registration process or who has bought one or more products in this “Website”, be this consumer (private customer) or professional (business customer). “Fittest Freakest” means the online store published on the page https://www.fittestfreakest.com, as well as its subdomains that are born from * .fittestfreakest.com called Fittest Freakest and managed by Telmos Atlantic S.L. with legal headquarters in Ronda de la Univ. 31 2-1, Eixample, 08007, Barcelona, registered in the Mercantile Registry of Registro Mercantil de BARCELONA Tomo 49257, Folio 138, Hoja B 614551, First Registration, with NIF B16378762.

1.2 Selling party and regulations applicable to this sales contract

Telmos Atlantic S.L. will act as the selling party of all the products and services that the customer decides to buy through this “website” and that they will receive at their own home or at the address specified by them. The purchase and sale of products and the management of services acquired through this “website” govern the general conditions as applicable in the consumer codes corresponding to Law 22/2010, of July 20 and in accordance with what is required Article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE). Such conditions also apply in the case in which the product is picked up at the point of sale. As long as the payment is made through this «website» and with a debit / credit card or the online payment platforms that are available.

1.3 Product reservations through the “Website” with delivery and payment at the point of sale

In the event that after 30 working days the product has not been withdrawn from the point of sale, the reservation of the same will be automatically canceled without any obligation of the customer or the point of sale.

In case of unavailability of the desired product, the customer will be notified by the seller by email or telephone.

This “website” contains a list of all the collection points and the agreed collection points, which are not yet managed directly by Telmos Atlantic S.L. They will accept the same conditions described here.

SECTION 2 – ORDERS

2.1 Offer of products and services on this «website»

The offer of products that can be purchased through this «website» constitute a catalog of products and services. Orders placed by the customer through this “website” will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by Telmos Atlantic S.L. as described.

The characteristics of the products and The services offered are described in the published pages of this same «website».

2.2 Confirmation of receipt of order and relative acceptance

After sending the purchase proposal, the customer will receive an email confirming the receipt from Fittest Freakest, along with the identifying number assigned to the customer’s purchase proposal, referred to as the reference number. This reference number will be immediately considered accepted by Fittest Freakest. Therefore, the confirmation of receipt email will also serve as confirmation of acceptance as long as these terms and conditions, as well as the Legal Notice, are met. Telmos Atlantic S.L. will proceed with the shipment of the purchased products by the customer within the times and methods indicated in the shipping policies, provided that there are no irregularities in the order.

2.3 Updates of the status of your order

In the updates sent by Fittest Freakest via email, the customer can check the status of their order at any time also from the dedicated section on the “website”.

2.4 Raffles / Raffles for Purchase

Participation in raffles and raffles for purchase is subject to the following terms and conditions, which are additionally added to those mentioned above.

  1. Participants: Raffles are open to legal adults in accordance with Spanish legislation (18 years old) who comply with the established terms and conditions.
  2. Registration and participation: Registration and participation in raffles are free. Participants must be properly registered in the application/website and have accepted the terms and conditions, as well as the privacy policy and legal notice.
  3. Participation restrictions: Multiple entries per raffle and participant, account, and payment method are allowed. However, please note that canceling an order made through a purchase raffle incurs a penalty of €3.50 if the raffle has already taken place.
  4. While the registration period is open, this fee will not be charged.
  5. Payment authorization: By participating in the raffle, participants are asked for their payment method and authorization to proceed with the payment and shipment of the prize in case of winning.
  6. Modifications and removal of participation: The registration address and payment method cannot be modified after registration, but participants can remove their participation while the registration period is open. This gives them the possibility to re-register with the same account, shipping address, and payment method or modify any data from their previous registration. Additionally, in the user area, they can manage their raffle registration and modify the size.
  7. Raffle mechanics: Participants must access the product that is being raffled for purchase and register for it. Winners will be randomly selected using specialized software.
  8. Prize: Winning participants will be charged for the product and shipping costs, and the product will be shipped to the address provided during registration. They will automatically receive the order confirmation and will be able to track it.

Exclusion of liability for Fittest Freakest raffles refers to the following aspects:

  1. Costs and expenses: Fittest Freakest is not responsible for the costs or expenses incurred by participants in relation to their participation in the raffle. Internet usage costs are borne by the participants.
  2. Failures and errors: Fittest Freakest will not be liable for failures, errors, and/or damages that participants may experience in relation to registration and connection to the application, the Internet network, or other networks, media, or systems that facilitate communication. This includes software interruptions, loss of information and/or data, and issues related to network, website, hardware, or software operation.
  3. Technological incompatibilities: Fittest Freakest will not be responsible for incompatibilities between the technologies used during the raffles and the hardware and software configuration used by participants.
  4. Modifications and cancellations: Fittest Freakest reserves the right to cancel, modify, or postpone the raffle at any time and for any reason, without incurring obligations or liabilities. Participants will not be entitled to compensation or indemnification.

In summary, Fittest Freakest does not assume responsibility for participation costs, technical failures, connection problems, technological incompatibilities, or changes in the raffles.

SECTION 3 – PRICES AND FEATURES OF THE PRODUCTS

3.1 Prices

The prices of the products offered on this «website» include VAT, but not any transport costs and other additional services that may be requested by the customer. The price of the services and products shown on this “website” in the relative technical sheets is the price in force at the time of sending the purchase proposal by the customer, which will be visible to the customer on the “website”. »At the time of choosing the product.

Fittest Freakest reserves the right to modify at any time and without notice the price of the products and services present on the “website” without offering, therefore , any guarantee due to the fact that the sale price of the products or services are available on the «website» without changing during a certain period of time

3.2 Description of the products

The technical sheets of the products on the “website” contain the information and characteristics of the selected product.

The images and photos used in each technical sheet may not be perfectly representative of the product characteristics.

SECTION 4 – PAYMENTS

4.1 Accepted payment methods

Products purchased by the customer through this «website» may be paid by bank card or using the payment platforms enabled for the customer.

Bank Card

You can use credit and debit cards (Visa, Visa Electron, MasterCard), through the Stripe® payment gateway that guarantees the security of your payments.

In the case in which the payment method chosen by the client is a bank card. At the time of the conclusion of the order, you can proceed to immediate payment or an authorization will be made to make the purchase, a blockage in the account. The effective payment will be made, depending on the conditions that are detailed in the purchase process. At no time during the payment process Telmos Atlantic S.L. You will be able to know the information related to the card used, nor the number or financial, patrimonial and personal information of the client.

The payment order is, in fact, transmitted through a protected connection directly to the bank’s portal in the moment of the customer’s confirmation.

Fittest Freakest is in no way responsible for the fraudulent or illegal use of a credit card that third parties may make during the product purchase and payment procedure.

PayPal

You can pay quickly and safely using your PayPal account, without sharing financial information with Fittest Freakest, Telmos Atlantic S.L.

Bank transfer

At the moment we do not accept payments by bank transfer, if it is an exceptional case, you can contact customer service or send an email to info@fittestfreakest.com and we We will contact you.

Payment in installments

You have We have different fast, simple and secure financing systems. Depending on your location we will show you the best option. In most cases, you only need your email, your mobile and your ID number. Fittest Freakest, Telmos Atlantic S.L. does not share financial information with the deferred payment method, it only confirms if it is accepted or denied.

Keep in mind that the payment methods offered may vary depending on the destination country. Once you have added all the items to your basket and you have selected the shipping method, all the payment methods available for the destination country of your order will be displayed.

Fittest Freakest reserves the right to not accept a purchase proposal or suspend the execution of an order already confirmed in the event of anomalies or irregularities in payment. In this case, Fittest Freakest reserves the right to request the customer to send documents, proof of ownership of the credit card used for the purchase. If the client does not deliver such documentation, Fittest Freakest reserves the right not to accept the purchase proposal without giving the client any right to request damages.

SECTION 5 – DELIVERY OF ORDERS

5.1 Place of delivery

Fittest Freakest will deliver the products to the address indicated by the customer in the purchase order.

The products purchased will be delivered within the handling period of 1 to 3 days. For more information you can go to the specific section of “Shipping”.

In the case in which the products cannot be delivered within the indicated deadlines, Fittest Freakest will contact the customer by email, within a maximum period of 7 working days, providing information on the status of your order and considering the customer’s right to reimbursement or subsequent solutions provided by article 71 of Law 3/2014 of March 27.

5.2 Verification of the products by the customer

The customer must verify upon receipt of the products ordered:

  • If the number of packages delivered corresponds to that indicated in the transport document.
  • If the product is properly packaged and closed without handling.
  • If the product delivered corresponds to the order placed.

In breach of one or more points, the client must specify on the delivery note Deliver the defect found. If it is not indicated, the client will not be able to make any claim.

5.3 Invoice

The invoice related to the products and / or services purchased on this «website» will be sent to the email address of the contact after payment.

5.4 Shipping costs

An amount for shipping costs may be added to the price of the product purchased by the customer through the “website”. The amount will be calculated automatically by the Fittest Freakest system and will be indicated in the purchase process.

5.5 Lack of availability of a product

Fittest Freakest undertakes to do everything possible to satisfy its customers on orders submitted via the “website”. Exceptionally it may happen that a product indicated as “Available” and for which the customer has made the payment is not available at the time of order preparation. In this case, Fittest Freakest will communicate said setback as soon as possible to the client.

SECTION 6 – LEGAL GUARANTEE OF CONFORMITY

6.1 The Fittest Freakest client has all the legal guarantees provided in the current regulations through the consumer code of the civil code.

To the individual client for each of the products purchased, the benefit of the legal guarantee is recognized as provided in article 11 of Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods, that is, the coverage provided by the seller for 24 months from the date of delivery of the product. Relative to the defects of conformity reported before 2 months of being detected.

The company client will be able to benefit from the legal guarantee for defect of the sold product for 12 months from the delivery of the product.

6.2 Cases of exclusion of the legal guarantee

The legal guarantee will not apply in accordance with the applicable law in the following cases:

  • If the products have been repaired or altered by persons other than the producer or any other authorized subject.
  • The defect of conformity of the product / os has manifested itself after two years of delivery of the same, and / or the relative request for repair or replacement of the Defective product has been sent after 2 months.
  • The defects are due (in part or all) to misuse, wear or conservation or maintenance without complying with the instructions offered by the producer or by Fittest Freakest in the product instructions.
  • At the time of the conclusion of the contract, the private customer was aware of the defect and could not ignore it.
  • The defect of conformity derives from instructions or materials delivered by the particular client.

SECTION 7 – RIGHT OF RETURN BY THE PRIVATE CUSTOMER

7.1 Following articles 107.2 and 108 of RD1 / 2007, of November 16

Approving the referred text of the General Law for the Defense of Consumers and Users, the private customer has the right to terminate the contract within 14 days of receiving the product at home without any penalty and without having to give any reason.

In the case of a separate delivery of products ordered by the private customer in a single order, the period of 14 days to have the right of return will begin to count on the day of delivery of the last product. For more information you can go to the section “Exchanges and Returns”.

SECTION 8 – MODIFICATIONS AND PARTIAL CANCELLATIONS

These general conditions of sale will be valid as long as they are not modified and / or delivered by Fittest Freakest. Eventual modifications and / or integrations will be active from the date of publication of the same on the page www.fittestfreakest.com.

SECTION 9 – COMMUNICATIONS, CONTACT AND COMPLAINTS

Below you will find the contact information to which to direct any requests, communications and / or claims, regarding your orders to these conditions of sale or any other type of matter derived from this “website”.
Fittest Freakest
Ronda de la Univ. 31 2-1,
Eixample, 08007, Barcelona.
info@fittestfreakest.com

SECTION 10 – JURISDICTION AND COMPETENT FORUM FOR COMPANY CUSTOMERS

The contracts are governed by Spanish Law

For any controversy regarding the validity, effectiveness, interpretation or execution of each of the contracts related to navigation on the “website” by the client company, or also, the use of any functionality made available to the company client on this «website» will be the exclusive competence of the Barcelona forum.

SECTION 11 – ADR, JURISDICTION AND COMPETENT FORUM FOR PRIVATE CUSTOMERS

For any controversy related to the validity, effectiveness, interpretation or execution of each of the contracts related to navigation on the “website” by the private client, it will have to be the subject of a conciliation attempt which will be developed through the European platform of “Online Dispute Resolution” (CDODR) which can be consulted at the address http://EC.europa.eu/consumers/odr through the ODR platform, the consumer can submit a claim related to a contract made online with Telmos Atlantic S.L. and thus activate the online dispute resolution procedure. The email address of the merchant to insert in the claim is info@fittestfreakest.com.

In this case, the conciliation attempt does not come to fruition, the dispute will go to the competent judicial authorities of the residence or domicile forum of the private client.

Having said all this, the client will always have the right to choose the competent court in the city of residence. The jurisdiction of the forum is mandatory and cannot be abrogated under any circumstances.