Terms of service
Last updated on 17/04/2017
Preliminary www.glute-band.com, hereinafter referred to as the “Website”, “GLUTEBAND™”, “We”, and “Us” is owned and operated by Dulcemaría Alvarado González with ID X7809531L, address Apto de correos 1004, Nueva Andalucia, 29660, Spain. The terms “User”, You”, and “Your” shall mean any person accessing and using the Website including a person browsing the pages and the Contents available on the Website. Access to and use of this Website and the Products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Website and the Services, You are agreeing to all of the terms and conditions provided herein including the documents incorporated by way of reference and hyperlinks, as may be updated by us from time to time.
Prohibitions: You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "Spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and We will report any such breach to the relevant law enforcement authorities and disclose Your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it, or on any website linked to it. GLUTEBAND™ reserves the right to limit Your activity on the Website, delete Your profile, block Your IP and/or restrict Your access to the Website if We believe that You have infringed upon the rights of the other Users or the terms and conditions provided herein.
Intellectual Property, Software and Content: The intellectual property rights in all software and content (including photographic images, Text, videos, audios, audiovisuals, and graphics) made available to You on or through this Website remains the property of Dulcemaría Alvarado Gonzálezor its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.glute-band.com and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on this Website nor may You use any such content in connection with any business or commercial enterprise.
Terms of Sale: By placing an order You are offering to purchase a product listed on the Website on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. We reserve the right to not to accept any order in the event of a) unavailability of stocks or the ordered ítem; b) incomplete details provided by the User at the time of order placement; c) for any other reason that We may deem fit. By clicking on the “Checkout” button You submit a legally binding offer to Dulcemaría Alvarado González to purchase the requested product. The receipt of Your order is confirmed by way of an automatically generated confirmation email sent to the e-mail provided by You at the time of order placement or the e-mail registered with GLUTEBAND™. Confirmation of receipt does not represent acceptance of the Your offer. Payment receipt generated after order placement is not an invoice. The invoice is sent to You along with the purchased product. A contract purchase comes into existence when the customer receives a second email, an order confirmation or the ordered goods. Only those goods listed in the confirmation e-mail will be included in the contract formed. We store the contract text electronically. In order to contract withDulcemaría Alvarado González. You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.glute-band.com retains the right to refuse any request made by You. When placing an order You undertake a) that all details You provide to us are true and accurate; b) that You are an authorized user of the credit or debit card used to place Your order; and c) that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to changes.
Payment terms and Shipping costs (1) The cost of a product, its shipping costs and a description of the product are displayed before an order can be placed. This sum (purchase price and shipping costs) is a component of the contract brought into existence in accordance with Terms of Sale. (2) All prices include the VAT applicable at the time of purchase. They apply ex-works and excluding packaging and any other shipping or transport costs. In the event, We become aware of a change in the tax rates, We may update the price of the products listed on the Website. In the event of short lavies and part payments, We may request You to pay the difference of the amount payable and the amount already paid. (3) A discount can only be deducted if agreed separately in writing or expressly stated on the invoice and if the deadline agreed upon or noted on the invoice is adhered to. Any discount is subject to the settlement of all other liabilities of the customer older than 30 days that result from his business relationship with us. (4) The invoiced amount is payable exclusively via PayPal.
Offsetting and retention: (1) Offsetting against a claim or retention is excluded unless the counterclaim or right of retention are uncontested with regard to reason and amount or have been ascertained by a court of law. (2) The preceding stipulation according to Section 1 does not affect the customer’s right to sue.
Retention of title: (1) We retain ownership of the ordered goods until all demands arising from the delivery contract to which We are entitled are paid in full. (2) As long as our retention of title to the goods exists the customer shall not (i) dispose over the goods or (ii) make them available to third parties for use. (3) If the customer is a business person who conducts purchases within the scope of a self-employed or commercial activity, a legal entity under public law or special fund under public law then the retention of title shall apply to all outstanding claims resulting from the current business relationship until the settlement of the claims relating to the purchase. (4) The retention of title shall cease to exist when the customer has settled all of the claims relating to the purchase and has provided collateral security for the remaining claims resulting from the current business relationship.
Disclaimer of Warranties and Limitation of Liability: The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Dulcemaría Alvarado González and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the platform, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
We reserve the right to discontinue in part or in whole the services and performance made available through our websites at any time and without explanation. We shall not be liable in such circumstances for compensation or loss of profits.
Dulcemaría Alvarado González specifically DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content on this website and our products. Gluteband assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon.
By using the Website, You agree to use Your best knowledge and judgment before purchasing a listed product. You are requested to consult a physician before performing any exercise program. It is Your responsibility to evaluate Your own medical and physical condition, or that of Your clients, and to independently determine whether to perform, use or adapt any of the information or content on this Website. By voluntarily undertaking any exercise displayed on this Website, You assume the risk of any resulting injury.
Linking to this Website: You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You. This Website must not be framed on any other site, nor may You create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright: Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Dulcemaría Alvarado González and you should not rely on the existence of such a connection or affiliation. Any trade marks/names/logos/insignia/catchphrase featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to GLUTEBAND™.
Communication from the Website: By Using the Website, You agree that Dulcemaría Alvarado González or any of its partners/affiliate/group companies may contact You from time to time to provide the offers/information of such products and services that AG KAIZEN Ltd. or such other group companies believe may benefit You. You further agree to receive the communications in relation to the purchases made by the You through the Website.
Variation: Dulcemaría Alvarado González shall have the right in her absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Severability: If any part of the Terms of Service is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, You agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints: We operate a complaint handling procedure wherein We try to resolve disputes when they first arise, please let us know if You have any complaints or comments via contact us (hyperlinked) or e-mail to email@example.com Waiver: In the event, We fail to enforce a provision(s) of these terms, it shall not constitute a waiver of such unenforced provision(s). We reserve the right to initiate a legal action against a User for breach of the terms at any point of time.
Dispatch times: Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which We will not be responsible. 14 Day guarantee - all products Products can be returned within 14 days from the date of purchase for an exchange or refund. In the event of return, the products must be returned at the address provided on the Website. A refund of the purchase price (excluding shipping and handling charges) will be applied to the same credit card that was used for the original order. We do not offer cash refunds. All shipping charges, both outbound and return. will be at the buyer’s expense. After 14 days, items may not be returned for a refund or exchange. 30 days limited warranty - all products We warrant to the original consumer/purchaser of any glute-band product through the Website that the product will be free from defects in materials or workmanship for 30 days from the date of purchase. No other warranty, written, or implied, exists unless noted on the Website or in the catalog. If the product breaks within the warranty period, please send an email to Customer Service (firstname.lastname@example.org). After receiving an email from us, return the defective product with the number clearly indicated and a warranty replacement will be shipped to You free of charge. All shipping charges on ALL returns will be at the buyer's expense.
Consequences of revocation In case of a valid revocation, the Parties must return the received goods or services as well as any derived benefits (e.g. interest). You must provide us with compensation to the extent You are unable to return the received goods or services in whole or in part or only in a deteriorated condition. This does not apply to relinquished items if the deterioration in the item is exclusively attributed to its examination – as might have been possible in a retail shop for example. Goods eligible for return by post (packages) will be returned at Your risk. You are responsible for the regular shipping costs of returned goods if the goods delivered to You are what You ordered and if the value of the goods being returned does not exceed 40 euro or, for goods with a higher value, if You have not made complete or a contractually agreed part payment at the time the goods are returned. In all other cases, returning goods will be free of charge. Goods that cannot be returned by post will be collected. Obligations to reimburse payments must be met within 14 days. For You, this time period begins on the day You dispatch the goods or Your notice of cancellation; for us, it begins on the day We receive them.
Entire Agreement: The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Dulcemaría Alvarado González. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Dulcemaría Alvarado González