General Terms and Conditions of Use2018-05-23
General Terms and Conditions of Use
These General Terms and Conditions of Use (hereinafter, "General Terms and Conditions") govern your access and use of the website accessible through the domain name www.bkool.com and its subdomains (hereinafter, "the Website"), as well as the purchase of products and/or services through said website. Anyone accessing the website is regarded as a User of the website (hereinafter, "the "User") and implies his/her acceptance of all the terms in these General Terms and Conditions. Any User not agreeing with these General Terms and Conditions must immediately leave the website without using it.
By accepting these General Terms and Conditions, the User states that he/she:
a. Has read and understood the material presented here.
b. If preparing to purchase a product and/or service, is sufficiently enabled to do so.
c. Assumes all the obligations presented herein.
The owner of the Website reserves the right to modify the conditions detailed in the present General Terms and Conditions, at any time, at his or her discretion.
The notice shall be published via message visible on the Website.
The last version applicable to the platform is made available at the present URL.
The access to the Website and use of the service after the update of its conditions means that the new conditions are accepted.
The rules governing the present Website are the following:
1. Legal notice
In compliance with Article 10 of Law 34/2002 of July 11, on services of the information society and e-commerce, below is the general information on the website:
Owner: BKOOL, S. L. (hereinafter referred to by its trade name, "BKOOL").
Headquarters: C/ San Joaquín, 3, 28231 – Las Rozas (Madrid), España.
Fiscal identification number: B-98125024
Registration Data: Valencia Business Registry, tome 9023, folio 94, section 8, sheet V-133543, 1st
Website: Platform made available to the users through the domain name http://www.bkool.com
User: Natural person that browses the website http://www.bkool.com, regardless of whether a purchase is being made or not.
Registered User: Natural person who signed up to the website http://www.bkool.com and accesses the user zone through personal username and password.
Client: The user who makes purchases through the platform.
Services: The service of purchase of Bkool products and all the features that the website http://www.bkool.com offers to its users.
2. Access to the website
Simple access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user.
3. Rules for use of the website
The User undertakes to use the website and all its contents and services in accordance with the law, moral standards, public order and these Terms and Conditions, and not to use them to conduct activities that are illegal or that constitute a criminal offense that violates the rights of third parties and/or that violates any rules of the applicable legal provisions.
The User agrees:
3.1 - Not to upload or disseminate any content or propaganda of a racist, xenophobic or pornographic nature or that supports terrorism or that violates human rights.
3.2 - Not to upload or disseminate in the network any data programs (viruses and malicious software) that might cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
3.3 - Not to broadcast, transmit or make available to third parties any information, element or content that violates any fundamental rights or civil liberties that are constitutionally recognized in international treaties.
3.4 - Not to broadcast, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
3.5 - Not to transmit unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been specifically designed for that purpose.
3.6 - Not to upload or disseminate any information or content that is false, inaccurate or ambiguous such that it misleads the recipients of the information.
3.7 - Not to impersonate other Users by using their name or nickname or their access codes for the various services and/or contents of the website.
3.8 - Not to broadcast, transmit or make available to third parties any information, element or content that violates intellectual and industrial property rights, patents, trademarks or copyrights owned by the holders of the website or by third parties.
3.9 - Not to broadcast, transmit or make available to third parties any information, element or content that violates the secrecy of communications or laws on personal data. The User agrees to hold BKOOL harmless from any possible claim, fine, penalty or punishment that might be imposed as a result of the User's failure to abide by any of the rules of use indicated above; moreover,for damages as appropriate.
4. Content and services linked through the website
The website may contain technical linking devices, directories and even search tools that allow the User to access other pages and Internet portals (hereinafter "Linked Sites"). In these cases, BKOOL will only be responsible for the content and services provided in the Linked Sites to the extent that it is aware of its illegality and has not deactivated the link to said contents/services with due diligence. In the event that the User considers that there is a linked site with illegal or improper content, he/she may inform BKOOL, without this communication necessarily implying BKOOL's obligation to remove the corresponding link.
In no case shall the presence of Linked Sites assume the formalization of any agreements between BKOOL and the owners of said sites, nor the recommendation or endorsement of the Linked Sites and/or its contents by BKOOL.
Unless otherwise expressly stated on the website, BKOOL is unaware of the contents and services of the Linked Sites and, therefore, is not responsible for any damage that their inaccuracy, quality, obsoleteness, unavailability, error or uselessness may cause the User or any third party.
5. Intellectual and industrial property
All the contents of the website, including but not limited to the texts, photographs, graphics, images, icons, technology, software, links and other audible or visual content, as well as its graphic design and source codes, are the intellectual property of BKOOL or third parties. None of the exploitation rights conferred to these elements by the relevant law in the area of intellectual property shall be assumed to be transferred to the User.
The trademarks, trade names and logos used on the website are trademarks of BKOOL or third parties, the rights to which shall not be assumed to be transferred to the User.
6. Prohibition of reverse engineering
Any act of reverse engineering that implies decompiling of software elements of the platform shall be considered as a violation of the intellectual property rights of the Owner and/or of third parties.
7. Social area
The Website includes a section called “Share” which is available to the registered users. The activity of the User in relation to other users shall always be based on the User's obligations set forth in the present conditions.
8. Contracting conditions
8.1. Main characteristics of the goods and services
The main characteristics of the goods and services offered through the website can be found in the descriptions themselves.
8.2. Procedure for purchasing and contracting
The languages in which the User can complete the purchase are: Spanish, English, French, German, Italian, Japanese and Chinese.
The procedure for purchasing goods and/or services through the website is as follows:
8.2.1 - From the description of the desired product, the User can click the "Buy" button or the button to request a trial of the product (if this option is available). After clicking either of these buttons, the product will be added to the shopping cart, shown at the top right of the page. Users can add as many products to the shopping cart as they want.
The option of requesting a trial trainer may not be available in all countries, or it may be subject to variations to the terms described in these General Terms and Conditions which, in any case, will be clearly defined in the product description.
8.2.2 - To continue with the purchase, the User must click on the shopping cart shown at the top right of the page to access a list of all the selected products. The User can then delete products from the list.
8.2.3 - To continue with the purchase, the User must click on the button labeled "Review order", after which he/she will be able to: (I) remove products from the list; (ii) select the desired quantity of each product; (iii) see the price/unit of each product selected and the total cost of the order. If the user wants to add new products to the shopping cart, he/she must click on the button labeled "Go to store". If, however, the User wants to purchase the products selected, he/she must expressly accept these General Terms and Conditions and click on the button labeled "shipping information".
8.2.4 - If the User is a registered BKOOL user, he/she must log in using his/her e-mail and password and click on the button labeled "Log in".
8.2.5 - If the product purchased must be physically sent to the User, he/she must enter the shipping information, and may specify the time of day he/she wishes to receive it. If the billing and shipping information are different, or it is not necessary to enter shipping information, the user must enter the billing information at this time. At this point the User may make a comment.
The User can then go back by clicking the button labeled "Review order", or continue with the order by clicking on the button labeled "review order".
8.2.6 - During the "review order" step the User can see the details of his/her order, and can: (i) delete products from the list; (ii) select the amount of each product desired; (iii) see the price/unit of each product selected and the total order price; (iv) see the address delivery and schedule selected, if any; and (v) see the billing information.
If the User wishes to modify any of the data, he/she can go back by clicking on the button labeled "Go to delivery". To continue with the order, the User must click on the button labeled "Place order".
At this moment, the User can include the discount coupon´s code. The validity of the discount coupons is of [……]The discount coupons [may/may not be] combined.
8.2.7. In case of a credit card payment, the data introduced will be stored on PAYTPV servers, a company with level 1 PCI/DSS certification, which guarantees the security of the payment process.
8.2.8 - The User will be sent an email sent to the e-mail address in the registration form confirming the correct conclusion of the purchase process.
8.2.9 - For trainers bought on a trial basis, the User has a specific period during which to try them out, the duration of which is indicated on the product description. If at the conclusion of this period the User has not returned the trainer to BKOOL, the User will be charged using the payment method specified.
8.2.10 - Only one trainer may be bought on a trial basis per User. If a trainer is bought on a trial basis by a person who previously used this method to try out a trainer, the order will be automatically canceled.
8.2.11.- If a trainer is acquired in installments, the payment of the price shall be made in equal monthly installments chosen by the User. The first installment shall be charged once the purchase financed with the payment entity has been confirmed.
BKOOL will keep electronic proof of the purchase method chosen by the User, said proof not being available to the User.
All BKOOL subscriptions and video purchases are for the personal use of the User who purchased them and are not transferable to any third parties.
Premium subscriptions will be renewed automatically and indefinitely for periods of equal duration to that initially selected by the User when first contracted. A User may, however, cancel said automatic renewal at any time by entering his/her e-mail and password in the panel at the top of the website and clicking on the button labeled "Log in". The User must then go to the "Premium" section and click on the button to cancel the automatic renewal.
The registered User must safeguard his/her password at all times and will be held responsible for any damages that may result from its improper use, as well as from giving or revealing it to others or from losing it. For these purposes, accessing restricted areas and/or using the website's services and contents with the password of a registered User will be deemed as having been carried out by said registered User, who shall be answerable for said access and use.
8.4. Correction and identification of errors when entering data
A User who forgets to enter required information, as indicated by an asterisk, will not be able to proceed with the subscription or validation process until this information is provided. A message in the screen will warn of this circumstance.
As explained in the description of the purchase process in Section 6.2 of these General Terms and Conditions, the User will be able to review and modify an order before finalizing it.
The User can modify and/or update the data provided during the registration process at any time by entering his/her e-mail and password in the panel at the top of the page and clicking on the button labeled "Log in". The User's name will then be shown at the top of the page. Proceed by placing the cursor over the name, clicking on the "profile" option and then one will be taken to a page where all the fields are editable.
8.5. Order delivery
Orders are delivered by a transportation company to the address designated by the User. The delivery period commences on the day following the placement of the order and lasts: European Union and United States: 4-7 days, depending on country (in approximate working days).
The courier service shall be governed by the contracting conditions of said transportation companies, published on their websites. BKOOL is not responsible for incidents that are the result of said service.
BKOOL shall not be liable if the delivery of the product or service fails as a result of the inaccurate or false shipping information provided by the User, or when the delivery cannot be made due to the addressee's absence. In this case, the User may opt to credit the shipping expenses toward a new delivery or to pick up the order in person at BKOOL's offices.
If the purchase cannot be delivered due to the product ordered being unavailable, BKOOL will inform the User of said unavailability. The User may then:
a) Demand the immediate reimbursement of the order amount paid.
b) Allow BKOOL to provide, at no extra cost, a product of similar characteristics that is of the same or higher quality. In this case the User may exercise his/her rights to return the goods and cancel the purchase under the same terms as those applicable to the product initially ordered.
8.6. Price and shipping costs
The prices shown for each product include, unless otherwise specified, the Value Added Tax (VAT). The prices and currencies shown will vary depending on the User's location, which will be determined automatically based on the IP from which the website is accessed (United Kingdom: Pound Sterling; rest of the European Economic Area and South Africa: Euro; rest of the world: US Dollar). Unless otherwise specified, prices do not include shipping costs, shipping insurance or any other additional services associated with the product or service purchased.
The shipping costs to be paid by the User are as follows (these will also be shown when the order is placed):
GBP 0-1 Kg. 1-2 Kg. 2- 7 Kg. 7 - 15 kg.
Great Britain and Luxembourg £25 £25 £34 £35
* USA £32
Andorra, Spain (**), Portugal £6 £6 £9 £12
Germany, France, Italy £21 £21 £28 £32
Belgium, Holland, Austria, Poland, Denmark and Slovenia £23 £23 £32 £34
Finland, Sweden, Switzerland, Norway, Ireland £27 £27 £43 £44
** Balearic islands £6 £9 £21 £46
** Canary Islands, Melilla £13 £17 £37 £70
** Ceuta £19 £19 £74 -
* Alaska, Hawaii £79
USD 0-1 Kg. 1-2 Kg. 2- 7 Kg. 7 - 15 kg.
Great Britain and Luxembourg $41 $41 $55 $57
* USA $50
Andorra, Spain (**), Portugal $9 $9 $14 $19
Germany, France, Italy $34 $34 $44 $51
Belgium, Holland, Austria, Poland, Denmark and Slovenia $37 $37 $51 $55
Finland, Sweden, Switzerland, Norway, Ireland $43 $43 $69 $71
** Balearic islands $10 $14 $34 $74
** Canary Islands, Melilla $20 $28 $60 $113
** Ceuta $30 $30 $119 -
* Alaska, Hawaii $127
EUR 0-1 Kg. 1-2 Kg. 2- 7 Kg. 7 - 15 kg.
Great Britain and Luxembourg €32 €32 €43 €45
* USA € 40 max.
Andorra, Spain (**), Portugal €7 €7 €11 €15
Germany, France, Italy €27 €27 €35 €40
Belgium, Holland, Austria, Poland, Denmark and Slovenia €29 €29 €40 €43
Finland, Sweden, Switzerland, Norway, Ireland €34 €34 €54 €56
** Balearic islands €8 €11 €27 €58
** Canary Islands, Melilla €16 €22 €47 €89
** Ceuta €24 €24 €94 -
* Alaska, Hawaii € 100 max.
8.7. Payment methods accepted
The payments methods accepted by BKOOL are the following:
- Credit or debit card
- Payment financed by Paga+Tarde
BKOOL only accepts payment through the following credit or debit cards: Visa or Visa Electron, MasterCard.
Online payment with a credit or debit card relies on a secure system that encodes the User's bank information when transmitted via Internet.
The payment through PayPal shall be made in accordance with the contracting conditions established by PayPal Spain, S.L., available at its website “https://www.paypal.com/es/webapps/mpp/home”. BKOOL is not responsible for incidents that are the result of this payment service.
8.8. Sending of invoices
The User knows and accepts that BKOOL will only send invoices to the e-mail address provided by the User during the registration process. The User may, however, request at any time that the invoices be sent in paper format by emailing a request to firstname.lastname@example.org.
9. Right to cancel
9.1. Cancellation period
The User has the right to cancel any purchase placed through the website within 14 calendar days (if the trial period indicated on the product description for a trainer purchased using the trial period is greater, then that period will be used to determine the cancellation period) without providing any justification.
In the case of a purchase contract, the right to cancellation expires after 14 calendar days (if the trial period indicated on the product description for a trainer purchased using the trial period is greater, then that period will be used to determine the cancellation period) from the day on which the User or the third party indicated by him/her, different from the courier, takes possession of the goods.
In the event of a contract to deliver multiple products purchased by the User in the same order and delivered separately, the cancellation period expires after 14 calendar days (if the trial period indicated on the product description for a trainer purchased using the trial period is greater, then that period will be used to determine the cancellation period) from the day on which the User or the third party indicated by him/her, different from the courier, takes possession of the last item.
In the event of the delivery of an item consisting of several components or parts, the cancellation period expires 14 calendar days from the day on which the User or the third party indicated by him/her, different from the courier, takes possession of the final component or part.
To exercise his/her right to cancel, the User must unequivocally notify BKOOL of his/her intent to cancel the order (for example, a letter sent through the post, via e-mail or via fax). The User can use the cancellation form available here, though its use is not required.
To comply with the cancellation period, the notification from the User of his/her intent to exercise this right must be sent before the corresponding period expires.
9.2. Consequences of the cancellation
In the event of cancellation, BKOOL will promptly refund all of the payments made by the User, except for the shipping costs, no later than 14 calendar days from the date on which the User informs BKOOL of his/her decision to cancel the purchase. The reimbursement shall be made using the same method as employed by the User for the initial transaction, unless the User specifies otherwise; in any case, the User will not incur any costs as a result of the refund. BKOOL may withhold the refund until the goods are received or until the User offers evidence that they have been returned, whichever condition is satisfied first.
The User must promptly return or directly deliver the goods to BKOOL, and in any case no later than 14 calendar days after the date he/she informs us of the decision to cancel the purchase. The period will be deemed to have been satisfied if the User returns the goods before said period expires. The User must bear the direct cost of returning the goods, unless the product description of the item purchased specifies otherwise.
The User will only be liable for the decreased value of the goods if it results from handling them in a way that is inconsistent with that needed to establish their nature, characteristics and operation.
In keeping with the preceding paragraph, the goods must be returned packaged in as-new condition with all their components.
9.3. Non-applicability of the right to cancel
In keeping with the stipulations of Article 103.m) of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the User may not cancel the purchase of digital content not provided on physical media when the purchase is made with the User's previous consent and knowledge that said transaction is not subject to cancellation.
In the case of BKOOL, this circumstance applies to prepaid videos and to the Premium subscription, which are carried out once the purchase is formalized, which the User knows and accepts.
10. Complaints, claims and information requests
Users may direct complaints, claims and information requests to BKOOL's customer service department by any of the following means:
Sending a letter to BKOOL's customer service department, C/ San Joaquín, 3, 28231 – Las Rozas (Madrid), Spain.
Sending an e-mail to email@example.com
BKOOL will reply to any claims received as quickly as possible, and in any case within one month of receipt of the claim.
BKOOL will e-mail the User a tracking number and written receipt to be used to track the complaint or claim.
BKOOL has official claim/complaint forms that Users can request from BKOOL's customer service department.
11. Legal guarantee of conformity for products
Users are reminded that pursuant to Articles 114 and following of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, every product delivered by BKOOL must comply with the purchase contract. BKOOL is answerable to the User for any non-compliance that occurs over a two-year period following the delivery of the product.
Any non-conformity that results from the improper installation of the product will be treated as a product non-conformity when the defective installation is carried out by the User due to an error in the installation instructions.
The scope and method for exercising the rights conferred to the User by said legal guarantee can be consulted in Articles 114 and following of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.
12. Promotions and special conditions
Bkool can make temporary sales and promotions of its products. The corresponding conditions, once they are active, can be consulted at the Frequently Asked Question section (FAQs), available at the following link http://www.bkool.com/help
13. Validity of the contracting conditions
The contracting conditions applicable to the acquisition of the Bkool products are those that are valid at the moment of the purchase.
In case the present contracting conditions are modified, the User will be deemed to have accepted them if the automatic renovation of its subscription to the simulator is not cancelled, once he/she has been notified of the modification.
14. Anti-theft device
The BKOOL products, in particular the Trainers, are supplied with an anti-theft device that allows the trainer to be remotely blocked by BKOOL, when requested by the owner.
The remote blockage makes the trainer stop working, impeding its use.
This functionality shall only be operative when the trainer is being used with the Bkool simulator. If the trainer is used with a simulator from another supplier, we cannot guarantee that the blockage can be made.
To request the remote blockage of the trainer, the user shall contact BKOOL, proving that she/he is the owner by sending the copy of the purchase invoice.
15. Bkool Trainers
Prior to the first session with the Bkool Trainers [include the list of products], it is necessary to download the Bkool Indoor simulator (available at the download area at bkool.com).
16. Exemption from liability
BKOOL does not guarantee that its trainers are compatible with simulators or software for controlling resistance that have not been developed by BKOOL. Likewise BKOOL is also not liable for any damage caused to its trainers by any software not specifically developed or recommended by BKOOL.
BKOOL constantly updates its simulator software, this being the only way to make improvements to it, offer new services and fix potential bugs. These updates are free for those Users who decide to install them on their machines, which BKOOL recommends. Each software update from BKOOL may result in the deletion of previously available features or in the addition of new ones.
Whenever a new update is published, BKOOL will no longer offer technical support for the previous versions.
An update may require that the terminal on which it is to be installed meet certain technical requirements in order to work properly. The User must carefully read said requirements carefully before installing a new update.
The User knows and acknowledges that BKOOL trainers require an Internet connection in order to work properly and offer all of the features described on the website.
The trainer supports a maximum weight of 100 kilos. BKOOL cannot be liable for any damage/harm resulting from putting any additional weight on the trainer.
The User acknowledges that he/she is in proper physical and health conditions to exercise with BKOOL and accepts all responsibility for this exercise, relieving BKOOL of any liability. The User is solely responsible for choosing how he/she trains as well as for any physical or mental consequences associated with it. Any potential recommendations or guidelines given by BKOOL are based solely on information previously provided by the User, who must always clear them with a medical professional before putting them into practice.
Users should check with a medical professional before starting any new workout program. The User must exercise prudence and judgment with BKOOL products and immediately stop using them if he/she notices any discomfort or pain, in which case a medical professional should be consulted as quickly as possible.
BKOOL shall not be held liable for breaching its obligations toward the User when said breach is the result of force majeure, this meaning any occurrence beyond BKOOL’s control, whether foreseeable or not, that is in itself or in its consequences inevitable and insurmountable, and that prevents BKOOL from fulfilling any of its contractual obligations and that is not the result of BKOOL’s fault or neglect, as long as BKOOL did not contribute to the occurrence of the event.
17. Null and void clauses
If any clause included in these General Terms and Conditions is declared fully or partially null or void, said declaration shall only be applicable to the relevant clause or to the portion of it that is null or void. The remaining General Terms and Conditions shall remain in effect, with only said full or partial clause being excluded.
18. Right of exclusion
Bkool reserves the right to withdraw, restrict and/or deny access to the Website, without prior warning, to email addresses with certain domains, or to users of certain countries, when required so by law, judicial or administrative order, or due to security reasons of the company, its infrastructure or its services or due to business reasons.
19. Applicable legislation
These General Terms and Conditions shall be governed and be interpreted in accordance with Spanish laws.
20. Competent jurisdiction
In the event of litigation between BKOOL and the User, both parties shall submit to the courts that have jurisdiction in each case.
21. Precedence of the Spanish-language version
In the event of a discrepancy between the Spanish version of these General Terms and Conditions and any version of it in another language, the provisions of the version in Spanish shall prevail.
22.Usage of the Apps
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. We are offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Bkool Connect Sport.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
“Male” icon by Maurizio Fusillo, from thenounproject.com.
“Female” icon by Maurizio Fusillo, from thenounproject.com.
“Close” icon by Icomatic, from thenounproject.com.
“Conversation” icon by Ed Gray, from thenounproject.com.
“Reload” icon by Cris Dobbins, from thenounproject.com.
“Link” icon by Jens Windolf, from thenounproject.com.
“Share” icon by AJ Annunziata, from thenounproject.com.
“Trash” icon by Piero Borgo, from thenounproject.com.
“Chart” icon byPham Thi Dieu Linh, from thenounproject.com.
“Hide” icon by Joshua Stearns, from thenounproject.com.
“Flag” icon by Zahi Asa, from thenounproject.com.
“Lock” icon by Mario Aziz, from thenounproject.com.
“Arrow” icon by Yuki Orisaka, from thenounproject.com.
“Close” icon by Icomatic, from thenounproject.com.
“Smiley Wink” icon by TMD, from thenounproject.com.
“Smiley Laugh” icon by TMD, from thenounproject.com.
“Smiley Happy” icon by TMD, from thenounproject.com.
“Applause” icon by Gem.Icons, from thenounproject.com.
“Camera” icon by Chiara Galli, from thenounproject.com.
Version 2.0 of the General Conditions of May 25th, 2018