Please read these general conditions carefully (“General Conditions”) before browsing the website www.mindfitwarrior.com (the Site) and using its features. By browsing the Site and using its features, you fully accept these General Conditions.
- NAME OF THE SITE AND OWNERSHIP OF THE DOMAIN NAME
The site www.mindfitwarrior.com (the Site) is owned by Dr. Andrea Varri, F.C. VRRNDR83C18F205M, VAT N. 07006580968, activity type 855100, domiciled in Via Della Repubblica 15, Arese (MI), email firstname.lastname@example.org, who is also the owner of the corresponding domain name.
- ELECTRONIC COMMUNICATIONS
When you use the website www.mindfitwarrior.com(the Site) or send us e-mails, text messages (SMS) and other communications from your computer or your mobile device, you communicate with us electronically. You agree that we will be able to communicate with you in various ways, for example by e-mail, text messages (SMS), Whatsapp or similar services.
- SERVICES AND DIGITAL CONTENTS OF THE SITE
The services offered by www.mindfitwarrior.com (live and online) have the main objective of educating the users to improve their body awareness, so as to learn how to move properly and improve their physical condition. Each service is designed to create the conditions for dealing with specific training for all levels and safely.
The services and digital contents of the Site are intended for adults only and in psychophysical conditions suitable to perform sport activities.
Before starting any training activity through or with the support of the services and digital contents of the Site, we recommend that you check your fitness and follow your doctor’s instructions.
MindFit Warrior may indicate the level of difficulty in implementing some services and/or digital contents of the Site, for example some types of exercises or individual exercises, based on a discretionary evaluation by MindFit Warrior. This evaluation is purely indicative and may not correspond to the level of difficulty you perceived. We therefore recommend the utmost prudence and attention in the choice and execution of the training through or with the support of the services and digital contents of the Site, for which you remain exclusively responsible.
We remind you that it is not recommended to take drugs and/or psychotropic substances, exceed in the consumption of alcoholic beverages and food at least 48 hours before and during training. In case you take medications that may alter your psychophysical fitness, we recommend that you contact your doctor to verify your fitness to perform the sport activity and follow the instructions received.
MindFit Warrior declines any responsibility towards you or towards third parties for any harmful or potentially harmful event that may occur on the occasion of and/or due to the use of the services or digital contents of the Site either by you or third parties.
- SERVICES PROVIDED BY THIRD PARTIES
MindFit Warrior accepts no responsibility for any links to third-party websites that the Site may contain (including social networks).
MindFit Warrior informs you that if you decide to connect to a linked site, you do so in complete autonomy, therefore assuming full responsibility and taking every precaution against viruses or other dangerous or harmful elements.
- MINDFIT WARRIOR ACCOUNT
In order to take advantage of some features of the Site, you will be required to sign up by accessing the dedicated area.
In the registration phase, you will be asked to enter these data: name and surname, date of birth (in order to verify your age), address of residence or domicile, e-mail address, billing details.
We remind you that the data entered must be true and up-to-date and may be modified at any time by accessing your account on the Site, and that you assume full responsibility for any untruthful information.
During sign up you will be asked to choose an account name and password for access. These data will be required to access the reserved area of the site and the services and/or digital contents that you intend to purchase.
Once the registration is completed, you will be responsible for all activities performed with your account and password. We therefore recommend that you keep secure and do not reveal your account and password and keep your devices with care.
In the event that you become aware or even have the fear or suspicion that your account has been violated in any way or that it is used by third parties, you must notify us by e-mail as soon as possible, so that MindFit Warrior can carry out the appropriate checks and activities. In any case, you will be required to immediately change the password to access your account and take all appropriate actions to prevent any unauthorized access in the future.
Minor accounts will be canceled and such cancellation will be notified by e-mail.
If an adult User wants to purchase services and/or digital contents for a minor on whom he/she exercises parental authority or for an adult other than himself/herself, he/she will be required to send a specific request to MindFit Warrior by e-mail before placing the order. This request must specify the services and digital contents that the User would like to purchase, the age of the potentially beneficiary subject and a declaration about the psycho-physical fitness of the aforementioned, verified by a doctor, to perform the training activity through or with the support of the services and digital contents of the Site. Av Fitness Lab will provide feedback within a few business days. Failure to reply is tantamount to rejection.
- CONCLUSION OF THE CONTRACT
The presentation of the services and digital contents on the Site is an invitation to offer. All prices are inclusive of VAT pursuant to applicable law.
If you wish to purchase one or more services and/or digital contents, you can select them one at a time by logging into your account, adding them to your shopping cart and then placing the order. Please follow the steps below to complete an order:
1^ step (Cart): After selecting and adding to the cart one or more digital contents and/or services, click on “View Cart” or on the corresponding icon at the top right of the screen indicating the number of selected products. The screen corresponding to the 2^step will then appear (checkout).
2^ step (Checkout): In this area you will see a summary page of the services and digital contents you selected and their price. In general, due to the type of services and digital contents on the Site, no shipping charges will be applied, unless otherwise specified for a single service or digital content.
To complete the final step (3^ step: Order Complete), click on “complete your order”. At this point the screen will show the page where you can choose the payment method from those available and indicated on the Site (PayPal or credit card). Selecting the PayPal option (pre-selected), you will be asked to click on “continue on PayPal”. If, on the other hand, you select the “Credit Card” option, you must click on “Place Order”.
WARNING! If you don’t have an account yet, you can sign up on this page before placing your order.
Your order will be considered as your contractual purchase proposal addressed to MindFit Warrior for the services and digital contents listed, each considered individually.
Upon receipt of your order, we will automatically send you an order confirmation message (“Order Receipt”) indicating the order code, the services and/or digital contents included in your purchase proposal, their price, the means of payment chosen, the general and specific conditions applicable to the contract and information regarding right of withdrawal and taxes where applicable.
By sending the Order Receipt, we only confirm that we have received the order and we have submitted it to verification and evaluation process.
Should you find any mistake and/or omission within the Order Receipt, please promptly notify us by e-mail, and in any case before Av Fitness Lab has sent the e-mail of acceptance of the proposal, to the address reported in the contacts, so that Av Fitness Lab can correct the mistakes and complete the omissions and then send you a new “Order Receipt”.
The sales contract with MindFit Warrior will be deemed to have been fully concluded only when we send you a separate e-mail of acceptance of your purchase proposal containing instructions for downloading and/or using the services and/or digital contents ordered, which will be immediately available from that moment.
You will only be charged when we send you the e-mail of acceptance of the purchase proposal.
Any refusal of your purchase proposal will be communicated to you as soon as possible by e-mail.
You can cancel your order before receiving the e-mail of acceptance of the purchase proposal by sending an e-mail to the address reported in the contacts specifying the order code, your name and surname and the contents of the order or the part of the order that you want to cancel. You will receive an e-mail confirming the cancellation of the order or part of it and, in this case, you will not be charged any cost for the order or part of the order canceled.
The consumer will have in any case the right of withdrawal according to the terms and conditions set forth in following art. 8.
The contract can be stipulated in Italian or English.
After receiving the payment, MindFit Warrior will issue and send the Invoice within the terms set by law.
In the event that the payment fails, MindFit Warrior will notify you of this circumstance by e-mail informing you that the service and/or the digital content will not be provided until payment is received.
It is understood that during the contract you can replace or upgrade the payment method chosen by you by logging into your profile on the site.
- CHARACTERISTICS AND TERMS OF CONCLUSION OF THE CONTRACT FOR THE MOBILE TRAINING SERVICE
The Mobile Training service is provided by MindFit Warrior through the mobile application/website Trainerize™ owned by TSR Gym Technik Ltd based in Canada.
Av Fitness Lab will not be involved and will not assume any responsibility for the direct relationship between you and Trainerize™-TSR Gym Technik Ltd.
In accordance with the provisions laid down in articles 5-6 of these General Conditions, in relation to the Mobile Training service, the following provisions, which we invite you to read carefully before placing your order, will also apply.
After the “Order Receipt” you will receive an e-mail containing a questionnaire (at your choice in Italian or English) prepared for this particular type of remote training and the instructions for its transmission to MindFit Warrior.
The answers to the questionnaire must be complete and truthful; MindFit Warrior declines any responsibility due to incomplete and/or untruthful answers or if you have omitted information suitable to determine the refusal of the purchase proposal by MindFit Warrior.
If the questionnaire has not been filled out and transmitted to MindFit Warrior by the deadline indicated in the e-mail according to the methods specified therein, the order will be considered automatically canceled and the cancellation will also be communicated by e-mail.
MindFit Warrior will examine the questionnaire as soon as possible, will evaluate the answers at its sole discretion and without any fully automated process and then will send you alternately: i) e-mail of acceptance of the purchase proposal or ii) e-mail rejecting the purchase proposal or iii) e-mail requesting a medical certificate of fitness for non-competitive sport activity and/or invitation to a video call via Skype or other service used by both parties to examine the answers to the questionnaire and investigate any further aspects concerning this particular type of remote training service, which will be evaluated at the discretion of MindFit Warrior.
The video call interview can be held at your choice in Italian or in English.
Failure to send the medical certificate in the manner indicated by MindFit Warrior and/or failure to respond to the video call by the deadline specified therein or refusal of the invitation is tantamount to canceling the order, which will also be confirmed by e-mail.
Following receipt of your medical certificate and/or interview, MindFit Warrior will send you as soon as possible: i) e-mail of acceptance of the purchase proposal or ii) e-mail rejecting the purchase proposal.
We point out that if you cancel the mobile training service Order before receiving the e-mail of acceptance of the purchase proposal or in case the purchase proposal is rejected by MindFit Warrior you will not be charged any cost.
- RIGHT OF WITHDRAWAL BY THE CONSUMER
In the case of purchase by a consumer, art. 52 of the Italian Consumer Code will apply, which establishes that the consumer has a period of fourteen days from the conclusion of the contract to withdraw without any reasons and at no cost, without prejudice to the cases of exclusion provided for by art. 59 of the Italian Consumer Code.
To exercise this right, you may use the form provided at the foot of these General Sales Conditions or submit any other explicit declaration of your decision to withdraw from the contract, to be sent by registered mail or by e-mail to the contact addresses.
We will refund the payment received in relation to the service (s) and digital content (s) for which you have exercised the right of withdrawal within 14 days from the day we received the communication concerning the exercise of the right of withdrawal. We will make the refund on the same payment method you used to place the order, unless otherwise expressly agreed upon. In any case, you will not incur any costs as a result of such reimbursement.
According to art. 59 of the Consumer Code, the right of withdrawal is excluded in relation to:
- service contracts after complete performance of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;
- the supply of goods or services whose price is linked to fluctuations in the financial market which the professional is not able to control and which may occur during the withdrawal period;
- the supply of goods tailor-made or clearly personalized;
- the supply of goods that are likely to deteriorate or expire quickly;
- the supply of sealed goods which are not suitable to be returned due to hygienic reasons or associated with health protection and have been opened after delivery;
- the supply of goods which, after delivery, due to their nature, are inextricably mixed with other goods;
g) the supply of alcoholic beverages, whose price was agreed upon at the time of the conclusion of the sales contract, which can only be delivered after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the professional;
h) contracts in which the consumer has specifically requested an inspection by a professional with the purpose of carrying out urgent repair or maintenance work. If, during this inspection, the professional provides services in addition to those specifically requested by the consumer or goods other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal will apply to such services or additional goods;
i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
l) the supply of newspapers or magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded on the occasion of a public auction;
n) the supply of housing for non-residential purposes, the transport of goods, car rental services, catering services or services regarding leisure activities where the contract provides for a specific date or period of performance;
o) the supply of digital content through non-material support if the execution began with the consumer’s express agreement and with his/her acceptance of the fact that in such a case he/she would have lost the right of withdrawal.
Therefore, for example if you download or view the services and digital contents present on this website or on other websites indicated by MindFit Warrioror on the Trainerize™ application/website or other application indicated by MindFit Warrior before expiration of the term to exercise your right of withdrawal, this will result in the renunciation of the right of withdrawal.
- DURATION OF THE CONTRACT
The contract will take effect when MindFit Warrior sends the e-mail of acceptance of the purchase proposal.
The contract will have a duration chosen by you from those indicated for each service (at present: monthly, quarterly, yearly). In this case, the contract will be renewed automatically for a period of time equivalent to the one you initially chose, unless one of the Parties gives notice of termination, which will contain the User’s name and surname, as well as an indication of the service that you do not intend to renew. The termination must be communicated
– in the event of cancellation by MindFit Warrior: by e-mail to the address you indicated during registration;
– in the event of your cancellation: by e-mail to the address email@example.com
In any case, the termination must be communicated to the other party within:
– 1 month before expiration in the case of a contract with annual duration;
– 1 week before expiration in the case of a contract with quarterly or monthly duration.
As a result of the renewal of the contract, you hereby authorize MindFit Warrior to charge the cost of the service and/or digital content subject to renewal for the corresponding renewal period to the Pay Pal account or to the credit card you indicated.
In the case of failed payment or replacement or updating of the payment methods you have chosen, please refer to the provisions reported in previous art. 6).
- USE OF THE SITE AND FRUITION OF THE SERVICES AND DIGITAL CONTENTS BY THE USER
It is forbidden to use the Site and use the services and digital contents provided by the same in such a way as to cause, or to be able to cause, interruptions, damages or malfunctions to the same and to its functions, or for fraudulent purposes, or in any case to commit illegal activities, or to cause disturbance, injury or any other activity that could cause damage to MindFit Warrior or to third parties.
We reserve the right to prevent access to the Site and to the services and digital contents provided by the same, to suspend or terminate an account, to remove or modify the contents of this website at our discretion, in the event of violation of the provisions of applicable law and these General Conditions.
- COMMITMENTS BY AV FITNESS LAB ON THE FUNCTIONING OF THE SITE AND ON THE RENDERING OF SERVICES AND DIGITAL CONTENTS
We will do our best to ensure that access to the Website and its browsing, as well as the use of services and digital contents take place without interruptions, malfunctions or transmission errors. However, due to the nature of the Internet, uninterrupted access and the absence of malfunctions or transmission errors cannot be guaranteed.
Furthermore, access to the Website and/or the use of its services and digital contents may also be temporarily suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services. In these cases, MindFit Warrior will try, as far as possible, to notify the Users through the Site about the schedule of planned interventions and minimize suspension or interruption time.
All contents present or made available through the Site in the form of texts, graphics, logos, icon buttons, photographic and video images, audio files, digital downloads are the property of MindFit Warrior or its content providers and are protected by Italian laws and international laws on copyright and database rights. It is not permitted to extract or reuse parts of this website for commercial purposes without the express written consent of MindFit Warrior or to create and/or publish a database that reproduces substantial parts (e.g. prices and services) of MindFit Warrior Services without the express written consent of the aforementioned.
- APPLICABLE LAW AND COURT OF JURISDICTION
These General Conditions are governed and will be interpreted in accordance with Italian law.
Any dispute arising or deriving from these General Conditions and/or in any case from the contract entered into between you and MindFit Warrior through the Site – unless falling within those for which the law expressly provides for binding and/or territorial jurisdiction – will be exclusively submitted to the court of Milan.
The possibility remains, in the event of disputes between the parties, to appeal to bodies of out-of-court settlement that also operate electronically pursuant to art. 19 of Italian Legislative Decree 9/2003.
- CHANGES IN THE SERVICE OR THE GENERAL CONDITIONS
We reserve the right to modify the site and these General Conditions at any time to offer new or different services or digital contents, or to comply with legal or regulatory provisions.
The General Conditions in force at the time of your order or your browsing on the Site will apply, unless any changes are required by applicable law or by the competent authorities (in which case, they will also apply to the orders you have placed previously).
If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions. We invite you to memorize or print the General Conditions reported on the Site.
- OUR CONTACTS
Dr. Andrea Varri, Via Della Repubblica 15, Arese (MI), email firstname.lastname@example.org
INSTRUCTIONS ON WITHDRAWAL – RIGHT OF WITHDRAWAL
The Consumer has the right to withdraw from the contract, without giving any reason, within 14 days.
The withdrawal period expires 14 days after the day of conclusion of the contract.
To exercise the right of withdrawal, you are required to inform us of your decision to withdraw from this contract by an explicit declaration (for example letter sent by post, fax or e-mail). To this end, you can use the standard withdrawal form below, but it is not mandatory.
To comply with the withdrawal deadline, just send the communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
The effects of the withdrawal are thoroughly described in art. 3 of the General Sales Conditions referred to in this contract.
Withdrawal form (fill out and return this form only if you intend to withdraw from the contract).
— Recipient: Dr. Andrea Varri (VAT N. 07006580968), Via Della Repubblica 15, Arese (MI), email email@example.com
I, the undersigned _____________(NAME), residing –domiciled (*) in _______(ADDRESS) hereby notify (*) my withdrawal from (*) the purchase contract of the service/product_________(SPECIFY THE NAME OF THE SERVICE/PRODUCT), order code ________(SPECIFY ORDER RECEIPT CODE) for which I received an email of Order Receipt on _________
— Signature of the consumer (only if this form is notified in paper version)
(*) Cancel the useless wording.”