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GENERAL TERMS AND CONDITIONS


. This document establishes the General Conditions that regulate the use of the PEAK service offered by DIGITAL ONLINE DEVELOPMENT, S.L.U. The downloading or use of any of the products or services offered by this company by the user implies full and complete acceptance of these General Conditions. Therefore, we recommend that you refrain from using these services in case of disagreement with any of the conditions set forth herein.

1. CONTRACTING SERVICES



The website, contents and services of PEAK are offered by DIGITAL ONLINE DEVELOPMENT SLU.


. In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), DIGITAL ONLINE DEVELOPMENT SLU informs that it is the owner of the website peak-workout.com. In accordance with the requirements of Article 10 of the aforementioned Law, DIGITAL ONLINE DEVELOPMENT SLU informs of the following data:
The owner of this website is DIGITAL ONLINE DEVELOPMENT SLU, with CIF B85753960 and registered office at C/ Lagasca 95, CP. 28006, Madrid, registered in the Mercantile Register, in volume 3006, folio 223, page M-51482 and inscription 18. The email address for contact with the company is: attcliente@donlined.com.

User and responsibilities
Access and use of the website of DIGITAL ONLINE DEVELOPMENT SLU confers the status of user, by which they accept, from browsing the website of DIGITAL ONLINE DEVELOPMENT SLU, all the conditions of use set forth herein without prejudice to the application of the corresponding regulations of compulsory legal compliance as appropriate.
The website of DIGITAL ONLINE DEVELOPMENT SLU provides a wide range of information, services and data. The user assumes responsibility for the correct use of the website. This responsibility extends to:
- The veracity and legality of the information provided by the user in the forms provided by DIGITAL ONLINE DEVELOPMENT SLU for access to certain content or services offered by the website.
- The use of the information, services and data offered by DIGITAL ONLINE DEVELOPMENT SLU contrary to the provisions of these conditions, the law, morality, good customs or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the website.

Link policy and disclaimers of liability
DIGITAL ONLINE DEVELOPMENT SLU is not responsible for the content of the websites that the user can access through the links established on its website and declares that under no circumstances will it examine or exercise any type of control over the content of other websites. Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
DIGITAL ONLINE DEVELOPMENT SLU declares to have taken all necessary measures to prevent any damage to users of its website, which may arise from browsing its website. Consequently, DIGITAL ONLINE DEVELOPMENT SLU is not responsible, in any case, for any damage that may be suffered by the user as a result of browsing the Internet.

Modifications
DIGITAL ONLINE DEVELOPMENT SLU reserves the right to make any changes it deems appropriate, without notice, in the content of its service. Both with regard to the contents, as in the conditions of use of the same, or in the general conditions of contract. Said modifications may be made through its service by any legally admissible means and shall be binding during the time they are published and until they are validly modified by other subsequent modifications.

INTERNET CONTRACTING SERVICES
Certain contents of the website of DIGITAL ONLINE DEVELOPMENT SLU contain the possibility of contracting via the Internet. The use of the same will require the obligatory reading and acceptance of the general conditions of contracting established for this purpose by DIGITAL ONLINE DEVELOPMENT SLU.

DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, DIGITAL ONLINE DEVELOPMENT SLU informs the User in relation to the websites peak-workout. com and derivatives (hereinafter websites), that the information that may be collected on the websites will be incorporated into processing systems under the responsibility of DIGITAL ONLINE DEVELOPMENT SLU, for the purposes of management and maintenance of the relationship with the user with the websites, as well as the work of information, statistics, and marketing of services and activities related to them.
DIGITAL ONLINE DEVELOPMENT SLU reports that the legitimate basis for the treatments indicated is the existence of a legitimate interest, also in terms of the installation of cookies are legitimized in the existence of the consent given by the parties concerned or, where appropriate, the legal representatives of the same.
DIGITAL ONLINE DEVELOPMENT SLU informs that the data will be kept for the duration of the consent given by the user, except in those cases where we are legally obliged to keep them.
In accordance with the rights conferred by current legislation on data protection, the User may contact the competent Control Authority to file the claim he/she deems appropriate, and may also exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of his/her personal data, as well as the withdrawal of consent given for the processing of the same.
In accordance with the provisions of Article 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, DIGITAL ONLINE DEVELOPMENT SLU undertakes to adopt the necessary technical and organisational measures, according to the level of risks that accompany the processing carried out by them and indicated in the section of the terms and conditions of use, so as to ensure their integrity, confidentiality and availability.
Likewise, DIGITAL ONLINE DEVELOPMENT SLU informs that in the event that the user enters data in the forms on the websites of third parties, the latter will be responsible for the personal data, and who must adopt the technical measures described in the section of these Terms and Conditions of Use.
DIGITAL ONLINE DEVELOPMENT SLU informs of the possibility of exercising the rights of access, rectification, limitation of processing, deletion, portability and opposition to treatment, which the user has and that can be exercised before DIGITAL ONLINE DEVELOPMENT SLU directing your request to the postal address C/ Lagasca 95, CP. 28006, Madrid, or email attcliente@donlined.com. In accordance with Chapter III of the RGPD, you must take into account the following nuances:
- Right of Access: This is the user's right to obtain information about their specific personal data and the processing that has been or is being carried out, as well as the information available about the origin of said data and the communications made or planned for said data.
- Right of rectification: This is the right of the data subject to have data that proves to be inaccurate or incomplete amended. It can only be satisfied in relation to that information that is under the control of DIGITAL ONLINE DEVELOPMENT SLU, for example, delete comments posted on the page itself, images or web content containing personal data of the user.
- Right to the Limitation of treatment: This is the right to limit the purposes of treatment originally intended by the data controller.
- Right of Deletion: This is the right to delete the user's personal data, with the exception of the provisions of the RGPD itself or other applicable regulations that determine the obligatory nature of their conservation, in time and form.
- Right of portability: The right to receive the personal data provided by the user, in a structured, commonly used and machine-readable format, and to transmit them to another data controller.
- Right of Opposition: It is the right of the user to not carry out the processing of their personal data or cease the processing of the same by DIGITAL ONLINE DEVELOPMENT SLU.
The mere access to the websites, as well as all or part of its contents and services, implies the acceptance and mandatory compliance, prior to access and without reservation, of this legal notice. You can go to the competent Control Authority to file a complaint as appropriate.
INTELLECTUAL AND INDUSTRIAL PROPERTY
DIGITAL ONLINE DEVELOPMENT SLU itself or as an assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by DIGITAL ONLINE DEVELOPMENT SLU. They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable both Spanish and EU regulations in this field, as well as international treaties relating to the subject and signed by Spain.
All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of DIGITAL ONLINE DEVELOPMENT SLU, is expressly prohibited.
The user undertakes to respect the Intellectual and Industrial Property rights owned by DIGITAL ONLINE DEVELOPMENT SLU. You can view the elements of the portal and even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely and exclusively for your personal and private use. The user must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of DIGITAL ONLINE DEVELOPMENT SLU.

USE OF COOKIES:
Through the web pages of DIGITAL ONLINE DEVELOPMENT no personal data is collected without knowledge, nor data is transferred to third parties without previously informing the user. Any activity of collection and processing of personal data, related to the provision of services is regulated by the privacy policy contained in the general conditions of provision of services applicable or in the specific information published on the page through which personal data are requested, as appropriate. In order to offer the best service through these Web/Wap/Mobile Internet pages, and with the aim of facilitating their use, the number of pages visited, the number of visits, as well as the activity of visitors to the Web/Wap/Mobile Internet, and their frequency of use, are analysed.
The Web/Wap/Mobile Internet pages of DIGITAL ONLINE DEVELOPMENT make use of Cookies. These are small files that are often created when visiting a site and are stored in a Cookie log directory on each computer. Each Cookie contains an anonymous and unique code. Each site can send its own Cookies to the user's browser if this is allowed according to the browser settings, however, to protect the user's privacy, the browser only grants access to Cookies that the browser itself has sent to the user and not to Cookies that the user has received from other Web/Wap/Mobile Internet sites.
We can differentiate between two types of Cookies.
Permanent" Cookies are those that, as their name suggests, remain on the user's terminal for a certain period of time. DIGITAL ONLINE DEVELOPMENT uses permanent Cookies to collect information about the use of Web/Wap/Mobile Internet sites and use it in the manner described above. These Cookies do not contain any personal information and do not allow the identification of the User.
On the other hand, "session" Cookies are those Cookies that are specific to a session and are deleted when the User leaves the site. DIGITAL ONLINE DEVELOPMENT uses session Cookies for the following purposes: to record information provided during the use of an interactive tool on the Web/Wap/Mobile Internet site, to record User data when the User connects to the site, to collect information on the use of Web/Wap/Mobile Internet sites as indicated. Likewise, these Cookies do not contain any personal information and do not allow the identification of the User.
In any case, the User himself may decide whether to accept these Cookies through the configuration of his browser (which as a general rule will enable the user to accept all Cookies, reject them or ask the browser to warn him of the presence of a Cookie). You can request more information about this by contacting the manufacturer of your browser. By disabling Cookies it is possible that certain options may not work or that the user may not be able to make use of certain DIGITAL ONLINE DEVELOPMENT services.
Any third party, for example an advertiser, that places banners or hyperlinks on DIGITAL ONLINE DEVELOPMENT's pages may also use Cookies. These record which advertisements have previously been presented to the User. These Cookies are not placed by DIGITAL ONLINE DEVELOPMENT but by the company responsible for the advertisement. Thus, DIGITAL ONLINE DEVELOPMENT is not responsible for the content of third party websites/Wap sites, nor for the use or introduction of Cookies by them. DIGITAL ONLINE DEVELOPMENT IS NOT RESPONSIBLE FOR THE CONTENT AND PRIVACY POLICY OF THIRD PARTIES WHOSE WEBSITE/WAP SITE IS LINKED TO THEIR OWN WEBSITE.

. CONTACT
You can contact us through our Customer Service Hotline 900822892, during the following hours:
- Monday to Friday from 09:00 to 14:00 hours and from 15:00 to 20:00 hours.
The rest of the time there is an informative automated voice-over available, or you can also write to: DIGITAL ONLINE DEVELOPMENT, S.L.U., C/ Lagasca 95, CP. 28006, Madrid.
ABOUT YOUR HEALTH
The use of PEAK's services is at your own risk.
A good general state of health is a prerequisite for the use of PEAK services. If you are aware of any pre-existing medical conditions, we recommend that you consult a doctor before commencing PEAK workouts or training, especially if these include:

- cardiovascular disease,
- lung or respiratory diseases (including asthma),
- spinal and/or joint disorders,
- neuromuscular diseases,
- surgical interventions and/or other health-related limitations,
- other health-related limitations.

In addition, our users should note that pregnant women and nursing mothers should not perform the training and workouts that we offer.
As a general rule: we advise you to observe your body's signals. If, before starting or during the use of PEAK services, you have any doubts about your state of health (either because of severe pain, general malaise, shortness of breath, nausea or dizziness), please consult your doctor before starting or continuing with PEAK.
Advice on physical exercise is constantly being updated in line with the development of scientific knowledge on health and sport. Although we design our training and advice based on current research and knowledge, we do not guarantee that it corresponds to the latest state of research and knowledge at all times.

2. GENERAL TERMS AND CONDITIONS

Information prior to the contractual process
The present website peak-workout.com is the property of DIGITAL ONLINE DEVELOPMENT SLU with Tax Identification Code B85753960 and fiscal address at C/ Lagasca 95, CP. 28006, Madrid, acting commercially under the brand name PEAK.
The General Conditions of Contract regulate the distance selling relationship between DIGITAL ONLINE DEVELOPMENT SLU and the user or customer, in accordance with the legal stipulations, in particular, Law 7/1998, of 13 April, on General Conditions of Contract, Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, the current regulations on Protection of Personal Data, and Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce.
DIGITAL ONLINE DEVELOPMENT SLU reserves the right to make any changes it deems appropriate, without notice, in the General Conditions. Such modifications may be made, through its websites, by any means admissible in law and shall be binding during the time they are published on the web and until they are not validly modified by subsequent ones. However, DIGITAL ONLINE DEVELOPMENT SLU reserves the right to apply, in certain cases, Specific Contracting Conditions in preference to these General Conditions when it deems appropriate, announcing them in due time and form.
The purpose of the website is: Unlimited access to PEAK, where you can get in shape with personalised and functional training.
Registration for the PEAK portal subscription service will be completed when the user, after being informed of the subscription conditions, expressly accepts the service by authorising payment of the corresponding fee in each case and through the corresponding payment gateway. In this way, after confirming acceptance of the payment and having completed the service subscription process, the customer will be able to view all the products he/she wishes from among the content offered on the portal to which he/she has subscribed, according to the particularities of each one of them. If you do not receive confirmation, please contact DIGITAL ONLINE DEVELOPMENT SLU on the customer service telephone number 900 907 110 or by email attcliente@donlined.com.
The duration of the contract will be linked to the end of the contracted service, which will be until the user expressly requests cancellation of the contract. Even if you have requested cancellation, you may continue to enjoy the service for the duration of the current subscription period.
As a user or client, you expressly declare that you know, understand and accept the conditions of use and these general contracting conditions. Likewise, you declare that you are of legal age and have the legal capacity to access the websites of DIGITAL ONLINE DEVELOPMENT SLU and contracting through them.
To purchase our services, you can go to the corresponding section of our website.
Also, DIGITAL ONLINE DEVELOPMENT SLU informs of the possibility of exercising the rights of access, rectification, limitation of processing, deletion, portability and opposition to treatment.
by writing to the address C/ Lagasca 95, CP. 28006, Madrid or via email attcliente@donlined.com.
. We inform you that we will process your data in accordance with the existence of your consent and the contractual relationship we have with you.
Characteristics, offer and validity of the services
The services offered in our online shop, the essential characteristics of the same are detailed.
In case of a service on offer, it will always be indicated next to its essential characteristics, the offer price and the validity of the same
In compliance with current regulations DIGITAL ONLINE DEVELOPMENT SLU offers information on all its services, their features and prices. However, DIGITAL ONLINE DEVELOPMENT SLU reserves the right to withdraw, replace or change the services offered through its website, by simply changing the content of the same. In this way, the services offered at all times by the website will be governed by the General Conditions of Contract in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the aforementioned services.

Guarantees
All products offered on the website enjoy the legal guarantee of the supplier of the same. DIGITAL ONLINE DEVELOPMENT SLU has an after-sales service, while the warranty is in force, the customer may execute it by contacting the establishment of DIGITAL ONLINE DEVELOPMENT SLU, the after-sales service, by email to attcliente@donlined.com or the points established by the supplier itself. In case of doubt you can contact the customer service telephone 900822892 or by email attcliente@donlined.com.

Prices, methods of payment and execution of the service
All services indicate the selling price in Euros and include Value Added Tax (VAT). If any other tax is applicable, this will be indicated (IGIC or IPSI).
Registration for the PEAK portal subscription service will be completed when the user, after being informed of the subscription conditions, expressly accepts the service by authorising payment of the corresponding fee in each case and through the corresponding payment gateway. In this way, after confirming acceptance of the payment and completing the process.
The availability of services offered by DIGITAL ONLINE DEVELOPMENT SLU may vary depending on the service. In case of non-execution by unavailability, DIGITAL ONLINE DEVELOPMENT SLU at the time it becomes aware of this situation will notify the customer by email. The period of this communication will not exceed in any case the maximum period of 30 days, DIGITAL ONLINE DEVELOPMENT SLU may give the double option: to offer the customer without price increase, a service of similar characteristics or higher quality, or unless justified and demonstrable reasons for DIGITAL ONLINE DEVELOPMENT SLU within the same period pay the sums paid for the service canceled.

Expenditure and service provision
The User must have all the equipment and software necessary to connect to its Services, including, but not limited to, the mobile phone or other access device and have the connection correctly configured for downloading content.
The internet connection is necessary for the enjoyment and viewing of content, may be associated with operator costs not included in the previously specified fee. The amount of these costs will depend on the rates and conditions that each user has contracted with their mobile phone operator so that in no case can DIGITAL ONLINE DEVELOPMENT be held responsible for such costs.
In any case, the corresponding invoice will detail the costs related to the contracted service. Right of withdrawal, reimbursement of payment and complaints.
The customer shall have a period of fourteen calendar days to withdraw from the contract, from the day of conclusion of the contract, without penalty and without stating the reasons.
The exercise of the right of withdrawal must be notified by telephone on 900 907 110, by email attcliente@donlined.com, by sending your letter to our postal address C/ Lagasca 95, CP. 28006, Madrid, or by using the withdrawal form. According to the provisions of article 103 of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, the supply of services or goods made according to consumer specifications or clearly personalised, or which, by their nature, cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal.
If the customer requests that the performance of the service begins during the withdrawal period, the customer shall be obliged to pay the amount proportional to the part of the service provided at the time of the notice of withdrawal, in relation to the subject matter of the contract.
Once the performance of the digital content supply service has commenced, it shall not be possible to exercise the right of withdrawal.
Reimbursement of payment
The reimbursement of the amounts received by the customer will be made using the same means of payment used by the customer, unless otherwise provided.
The DIGITAL ONLINE DEVELOPMENT SLU will pay the amounts paid by the customer within 14 calendar days from the date of receipt of the right of withdrawal.

Cancellation of the service
Cancellation of the service can be requested:
- At the link provided for this purpose, which can be found on the portal through which you registered for the service.
- Through the customer service of DIGITAL ONLINE DEVELOPMENT by email to attcliente@donlined.com or through the number 900822892.

Complaint
If the customer wishes to lodge a complaint, he/she can do so at the DIGITAL ONLINE DEVELOPMENT SLU premises located at C/ Lagasca 95, CP. 28006, Madrid or by emailing attcliente@donlined.com.

Jurisdiction
Also, DIGITAL ONLINE DEVELOPMENT SLU reserves the right to file civil or criminal actions it deems appropriate for the misuse of its website and content or for breach of these conditions. The relationship between the user and the provider will be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise, the parties may submit their conflicts to arbitration or go to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard.