1 General Provisions
1.1 These General Terms and Conditions regulate the hiring of products and services offered by HOLMES PLACE and its collaborating partners as well as the publicity aimed at its clients and/or users through its virtual store http://eshop.holmesplace.es, owned by HOLMES PLACE with registered address in Travessera de Les Corts, 252-254, 08014 Barcelona, España and CIF (Fiscal ID) number B-62038377.
The following are contact data for Holmes Place:
Holmes Place is one of the main suppliers of services in the fitness, wellness and spa sector in Spain, specialised in sports installations, providing physical and sports training services, as well as extracurricular education and organisation of different types of courses and training.
1.2 A client and/or user will be any internet user who by means of the procedure detailed in these General Conditions voluntarily registers their data in the virtual store http://eshop.holmesplace.es with the aim of making a purchase.
The selling party will be Holmes Place with CIF (Fiscal ID) number B- 62038377.
1.3 The store sells coupons for our products and services. The services will be provided in Holmes Place clubs or through collaborating partners of Holmes Place. The selected coupon will offer more information on this (Clause 6).
1.4 If a product or service is provided by a collaborating partner of Holmes Place, we will only act as intermediaries; the product or service is provided on the basis of a direct contractual relationship between you and our collaborating partner. Therefore, we will not be liable for the quality of the product or service supplied. Our collaborating partners will be solely responsible for the products and services they provide. You can find information about our partners in the coupons or in the offer in the online shop.
2 Relationship between the operator (Seller) and the client (Buyer)
2.1 We are obliged to provide you with a coupon for the services you have purchased and to accept the coupon in the Holmes Place clubs.
2.2 You are obliged to pay for the requested coupon and to use it before the end of validity date.
3 Requesting coupons
3.1 For the order to be considered valid, you must fill in all the fields with data required in the form.
3.2 Before sending the order, check that all the information you have provided is correct. From the moment you send us the correctly filled in order form, you will be obliged by it.
3.3 The contract will conclude at the moment of delivery or successful supply of the goods or services purchased.
The contract is understood as formalised from moment the client accepts an e-mail confirming the order made, not requiring formal acceptance of the order by the client and our acceptance of the order. You will then receive an e-mail confirming acceptance of the order. Formal acceptance of the order by you is not necessary.
3.4 The concluded contract may be changed or cancelled only by express agreement between both parties or based on these General Terms and Conditions, as well as what is established by law.
3.5 When making an order you accept these General Terms and Conditions. You also confirm you are over the age of 18 and are aware of these General Terms and Conditions.
4 Delivery of the coupon
4.1 The requested coupon will be delivered by e-mail. You must print the coupon and hand it over in the club where you have decided to receive the requested services. If the service is provided by one of our collaborating partners, you must hand over the coupon directly to them. Please bear in mind that some services require booking in advance.
4.2 You will receive the coupons according to how payment is made. If payment is made by credit card or PayPal, you will receive the coupon immediately after making your online payment.
4.3 The coupon will be valid for a period of 6 months from the date it is delivered, unless a different validity period is specified in the online shop and the printed coupon. The service must be carried out within the validity period, after which the coupon will no longer be valid.
5 Delivery of a coupon with special packaging
5.1 You can choose a gift package for the coupon. The gift package will be provided by the Clubs individually.
5.2 If you choose this package you must take the printed coupon to any Club Holmes Place and exchange it at the reception for the gift package. The gift package is an extra service that costs 1€.
5.3 If you did not choose the gift package when ordering the coupon, you can also choose the gift package additionally in the Club and pay the aforementioned fee at reception.
6 Conditions of usage of the coupon
6.1 You will find all the conditions of the coupon on the coupon itself as well as in the offer in the online store.
6.2 The coupon cannot be used after its expiry date.
6.3 The coupon can only be used once. The coupon is transferrable to another person.
6.4 The coupon can only be used in the Club chosen when requesting the coupon.
6.5 The coupon may be refunded in money within 14 days of its delivery by means of a cancellation by e-mail, which must be sent to us. After this period, the coupon is not refundable for cash.
6.6 We will not be held liable for damage, loss or theft of the coupon.
7.1 If the service provided by Holmes Place clubs is based on a faulty coupon, you will be entitled to complain. The complaint must be made immediately, within 7 working days of the service provided, in writing and specifying clearly the defects causing the complaint. The complaint must be sent by e-mail or by conventional mail to the address in aforementioned clause 1.2. We will examine your complaint within 30 days after its reception and we will contact you. If the complaint is justified, you will be offered a new coupon for the desired services, if this is not possible, the money paid for the coupon will be refunded.
7.2 If a service provided by our collaborating partner is considered defective, you must complain directly to our partner directly. You can find information about our partner and their contact data on the coupon or in the online store website. To make a complaint, follow the same procedure described in the previous paragraph, using in this case the contact data of our partner.
8 Price and mode of payment
8.1 The price of a product (service), VAT included, will appear in writing with the conditions of the product on the website webhttp://eshop.holmesplace.es/es. The price for the same product may vary according to the Club supplying the service. The chosen service (product) can only be supplied in the chosen Club.
8.2 Payment methods will be as follows:
(a) By credit card: Payment will be made directly after making the order.
(b) By PayPal: Payment will be made directly after making the order.
9 Contract cancellation
9.1 You may cancel the contract within 14 days of reception of your coupon. You must submit the cancellation of the contract within 14 days of the delivery of the coupon. After cancellation, you may request reimbursement of money paid.
9.2 If the service you have ordered is no longer available, you can request cancellation of the contract and reimbursement of the money. Cancellation must be made within 7 working days of your knowledge of the non-availability of the product/service ordered.
9.3 Cancellation of the contract must be in writing and sent by e-mail or conventional mail to the address detailed in clause 1.2.
9.4 In the case of money reimbursement, it will be transferred to you within 30 days of the reception of the contract cancellation and the reception of your account number.
10 Personal data
The data you have supplied will be incorporated in a personal database file under the responsibility of HP Health Clubs España, S.L.U. (Holmes Place), with registered address in Travessera de Les Corts, 252-254, 08014 Barcelona, Spain, with CIF (Fiscal ID) number B-62038377, for the purpose of acquiring products or services in our online store, including the post-sales service derived from said hiring. You may also exercise the rights of access, correction, opposition and cancellation in the terms established in Organic Law 15/1999, of 13 December, on protection of personal data (LOPD), for which purpose you can contact HP Health Clubs España, S.L.U. with registered address in Travessera de Les Corts, 252 – 254, 08014 Barcelona.
The fields in this form marked with an asterisk (*) are required, therefore omitting any of them will mean it will be impossible to hire our services or products, or to solve your doubts if applicable.
A. Other aims of data processing
You expressly consent that your data can be processed by those responsible, even after the end of the contractual relationship, to send you commercial information about our activities by post, e-mail, SMS or any other equivalent form of electronic communication, as well as your data to be processed in order to carry out segmentations and/or draw up profiles with the same intention.
Additionally, you expressly consent your Data to be treated by those in charge of processing, to send you commercial information on the activities of third parties, different from the person responsible, which may be of your interest to you, related to the following sectors: Sports, food and wellbeing, beauty, leisure, by post, e-mail, SMS or any other similar form of electronic communication.
Additionally, you are informed that, in accordance with article 22 of Law 34/2002, of 11 July, on information society services and electronic commerce, with regard to commercial communication via electronic means, you may revoke at any time the consent given to receive commercial communications by giving notice at the following e-mail address, indicating your name, surname(s), ID card No. and sending a scanned copy of the same (this copy will not be necessary of you exercise your right to revoke using an e-mail that is in our database): firstname.lastname@example.org
B. Communication of your personal data
You give consent for your data to be communicated to collaborating companies that work in the sports, food and wellbeing, beauty and leisure sectors, so they can inform you of their products and activities.
With regard to the previous paragraph, you have been informed of the provisions of article 27 LOPD, regarding communication of the first transfer of data regarding the entities indicated in the List of Entities given below.
List of Entities
HP Health Clubs Iberia, S.A.: Travessera de Les Corts, 252-254, 08014 Barcelona.
HP Health Clubs Holding España, S.L.U.: Travessera de Les Corts, 252-254, 08014 Barcelona.
Club Poliesportiu Europolis, S.L.U.: c/ Sardenya, 549-553, 08024 Barcelona.
Complex Esportiu Les Corts, S.L..: Travessera de Les Corts, 252-254, 08014 Barcelona.
Ca N’ Arimon Mollet, S.L.: c/ Ferrocarril, 80-84, 08100 Mollet del Vallès (Barcelona).
11. Applicable law and Jurisdiction
In order to guarantee the rights of consumers and clients of http://eshop.holmesplace.es these General Terms and Conditions are established in compliance with the provisions of current Spanish legislation at all times, and particularly Law 7/1998 of 13 April on General terms of Business, Legislative Royal Decree 1/2007, of 16 November, which approves the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios (General Law for the Defence of Consumers and Users) and other complementary laws, Law 34/2002, of 11 July, on services offered by the information society and online trading and any possible dispute will be resolved in Spanish law courts.
12. Final provisions
12.1 You confirm acceptance of these General Terms and Conditions as here written, which are valid at the moment you order your product or service.
12.2 We may modify Terms and Conditions at any time with no obligation to inform you of these changes, on making your order you will always have to accept the current text of the General Terms and Conditions.