General Conditions of Sale

Art. 1 – General provisions

1. By browsing this area, users access Pro-Fitness by Pernigotto Matteo, accessible via the URL: https://profitness-service.it (hereinafter “Pro-Fitness”). Browsing and placing a purchase order on the site implies acceptance of the Terms and Conditions and Data Protection Policies adopted by the site itself, as indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

Pro-Fitness by Pernigotto Matteo Registered office: Via delle Candie 26, 21012 Cassano Magnago VA VAT number: 03771560129 Registered in the REA, number: VA-377784

3. Before accessing the products provided by the site, the user is required to read these General Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Conditions of Sale, the terms of which Pro-Fitness reserves the right to modify unilaterally and without notice.

Art. 2 – Object

1. These General Conditions of Sale govern the offer, forwarding, and acceptance of purchase orders for products on Pro-Fitness and do not, however, govern the provision of services or the sale of products by parties other than the seller who are present on the same site via links, banners, or other hypertext links.
2. Before placing orders and purchasing products and services from others, we recommend checking their terms and conditions.

Art. 3 – Conclusion of the contract

1. To complete the purchase contract, you will need to complete the electronic form and submit it following the relevant instructions.
2. It contains a link to the General Conditions of Sale, images of each product and its price, the payment methods available, the delivery methods for the purchased products and the related shipping and delivery costs, a link to the conditions for exercising the right of withdrawal, and the methods and times for returning purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale, including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form completed by the user, after verifying the accuracy of the data contained therein.
5. The user will be obligated to pay the price once the online ordering process is completed. This will happen by clicking the “Buy now / Place order” button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.

Art. 4 – Registered users

1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his/her personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email to the email address they provided. Confirmation must be sent within 48 hours. After this period, if confirmation is not received, Pro-Fitness will be released from all obligations to the user.
3. In any case, confirmation will exempt Pro-Fitness from any liability regarding the data provided by the user. The user undertakes to promptly inform Pro-Fitness of any changes to their data provided at any time.
4. If the user provides inaccurate or incomplete data, or if the interested party disputes the payments made, Pro-Fitness will have the right to not activate or suspend the service until the relevant deficiencies are rectified.
5. Upon the user’s first request to activate a profile, Pro-Fitness will assign them a username and password. The user acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system capable of identifying the user. Any actions performed through such access will be attributed to the user and will be binding on the user.
6. The user undertakes to maintain the confidentiality of his/her access data and to safeguard them with due care and diligence and not to transfer them, even temporarily, to third parties.

Art. 5 – Product availability

1. Product availability refers to actual availability at the time the user places the order. However, this availability should be considered purely indicative because, due to the simultaneous presence of multiple users on the site, the products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation email has been sent, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected by eliminating the unavailable product, and the user will be immediately notified by email.
3. If the user requests cancellation of the order, terminating the contract, Pro-Fitness will refund the amount paid within 30 days from the moment in which Pro-Fitness became aware of the buyer’s decision to terminate the contract.

Art. 6 – Products offered

1. Pro-Fitness sells:

Assistance services for gym or home fitness equipment;

Fitness equipment; Fitness equipment spare parts and accessories.

2. The offer is detailed on our website at the link: https://profitness-service.it/shop/

Art. 7 – Payment methods and prices

1. The price of the products will be that indicated from time to time on the site, except in the case of an obvious error.
2. In the event of an error, Pro-Fitness will notify the buyer as soon as possible, allowing the order to be confirmed at the correct price or cancelled. In any case, Pro-Fitness will not be obliged to supply the item sold at the incorrectly indicated lower price.
3. Prices on the website do not include shipping costs. Prices are subject to change at any time. Changes do not affect orders for which an order confirmation has already been sent.
4. Once you’ve selected the desired products, they will be added to your cart. Simply follow the purchase instructions, entering or verifying the required information at each step. Order details can be changed before payment.
5. Payment can be made via:

Credit Cards (Visa, Mastercard, American Express), Debit Cards (Visa Debit, Mastercard Debit, Postepay); Bank Transfer; PayPal


Art. 8 – Delivery

1. Pro-Fitness ships throughout Italy, excluding the Vatican City and the Republic of San Marino. Deliveries are not available to the following areas: Livigno and Campione d’Italia. Contact us for more information.
2. Pro-Fitness will deliver both to the address provided by the user and to the collection points indicated at the time of purchase.
3. Delivery is generally made within 5-7 working days, or, if no delivery date is specified, within the time frame estimated when selecting the delivery method and, in any case, within a maximum of thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the location of the order and how to arrange a new delivery.
5. If you are unable to be present at the agreed-upon delivery time, please contact us again to arrange a new delivery date.
6. If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
7. As a result of termination, all amounts will be refunded, excluding delivery costs and any additional costs resulting from choosing a delivery method other than the standard method offered, without undue delay and, in any case, within 30 days of the date of termination. Transportation costs resulting from termination may be additional and will be borne by the buyer.
8. Shipping costs are the responsibility of the buyer and are explicitly highlighted when placing the order.

Art. 9 – Transfer of risk

1. Risks relating to the products will pass to the buyer upon delivery. Ownership of the products is deemed acquired upon receipt of full payment of all amounts due for them, including shipping costs, or upon delivery, if this occurs later.

Art. 10 – Warranty and commercial conformity

1. Finished products

The finished products (complete treadmills, exercise bikes, cross trainers, etc.) sold on this online store are guaranteed for 24 months from the date of delivery. To activate this warranty, you must:

• Have the assembly carried out by one of Pro-Fitness’ authorized technicians, or
• by a technician authorized by the treadmill manufacturer

The warranty does not cover accidental damage due to external factors such as water or sweat, power surges, lightning and the like, and damage due to failure to follow the use and maintenance instructions.

The warranty includes the shipment of a replacement part and a video call with our technician to properly install the replacement part. If this isn’t possible, you can have a technician come to your home for a €70 service fee, payable directly to the technician.

2. Spare parts warranty

The warranty on electronic spare parts   (motors, boards, computers, power boards, etc.) is applicable only if installed by:

• an authorized Pro-Fitness technician, or
• an authorized technician from the treadmill manufacturer, or
• a technician authorized by the spare part manufacturer.

Installations performed by end users or technicians who do not belong to the categories listed above are not covered by the warranty. Proof of service (invoice) from one of the categories listed above is essential in the warranty activation process. If the customer does not have this proof, Pro-Fitness reserves the right not to proceed with the warranty activation.

We respect your decision if you feel comfortable doing the installation yourself and want to save on the cost of a technician, but you also need to respect our company and understand that a technician specialized in this field may notice details that even a skilled generalist might miss.

Warranty duration

Electronic spare parts

If installed by an authorized technician, the warranty lasts 12 months from the date of installation for electronic components (motors, circuit boards, computers, power supply boards, etc.). DIY installations or installations performed by unauthorized technicians are not covered. In this case, we recommend using our video call service with a technician for €25. Using this service will not guarantee the warranty as there will not be an authorized technician locally to personally verify the condition of the device. However, you will avoid common installation errors and will certainly achieve a faster, safer, and more durable installation.

Consumable parts

Consumable parts (belts, brake pads, etc.) are guaranteed for 24 months from installation. Defects caused by normal wear and tear, failure to lubricate the belt, or failure to follow the adjustment instructions are excluded.

Non-electronic and mechanical parts + sensors

Non-electronic parts (keys, pedals, belts, rollers, cables, pulleys, chains) and sensors are guaranteed for 24 months from installation. Defects caused by normal wear and tear are excluded.

Tables

Due to the nature of the product, only the extra-large boards have a three-year warranty against breakage. Standard boards are not guaranteed against breakage.

Art. 11 – Withdrawal

1. In accordance with applicable legal provisions, the buyer has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days pursuant to art. 57 of Legislative Decree 206/2005 from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer in a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. Users wishing to exercise their right of withdrawal must notify Pro-Fitness via an explicit declaration, which can be sent by registered mail to the following address:

Pro-Fitness – Via delle Candie 26, 21012 Cassano Magnago VA

4. The buyer must exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, pursuant to Annex I, Part B, Legislative Decree 21/2014 (not mandatory).
5. The goods must be returned to:

Pro-fitness by Pernigotto Matteo Via delle Candie 26 21012 Cassano Magnago

6. The goods must be returned intact, in their original packaging, complete in all their parts, and accompanied by the accompanying tax documentation. Without prejudice to the right to verify compliance with the above, Pro-Fitness will refund the amount of the returned products within a maximum of 30 days, excluding shipping costs.
7. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Pro-Fitness may withhold reimbursement until the goods are received or until the buyer has demonstrated that they have returned the goods.
8. The right of withdrawal will not apply if Pro-Fitness services and products are included in the categories set out in Article 59 of Legislative Decree 206/2005.
9. Pro-Fitness will process the refund using the same payment method chosen by the buyer at the time of purchase. If payment was made by bank transfer, and if the user wishes to exercise their right of withdrawal, they must provide their bank details: IBAN, SWIFT, and BIC, which are necessary for the refund.
10. Custom-made products and special spare parts ordered specifically for the customer will not be accepted, i.e., spare parts not available on the website, and those expressly indicated on the product page.
11. For electronic spare parts (boards, motors, displays, etc.), only unused/unassembled parts are accepted.  After assembly, a return for credit is not possible .

It is strictly forbidden to return any motor after it has been assembled and used, even for just a few minutes. Motors returned after use will be returned to the sender at the sender’s expense and no refund will be issued.

Art. 12 – Data processing

1. The buyer’s data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 of EU Regulation 2016/679 (Privacy Policy).

Art. 13 – Safeguard clause

1. In the event that one of the clauses of these General Conditions of Sale is invalid for any reason whatsoever, this shall in no way compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

Art. 14 – Contacts

1. Any information requests can be sent by email to amministrazione@profitness-service.it, by phone to +39 3498306821, and by post to the following address:

Pro-Fitness by Pernigotto Matteo Via delle Candie 26, 21012 Cassano Magnago

Art. 15 – Applicable law and competent court

1. These General Conditions of Sale are governed by and interpreted in accordance with Italian law, without prejudice to any other mandatory prevailing law of the country of habitual residence of the buyer. Consequently, the interpretation, execution, and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes arising from or related to the same shall be resolved exclusively by Italian judicial authorities. Specifically, if the user is a Consumer, any disputes shall be resolved by the court of their place of domicile or residence in accordance with applicable law.

These conditions were drawn up on 01/30/2021.