General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") govern the sale between Phoenix Recovery Club, - Registered office and operational headquarters: Via Monte rosa 16, 20149 Milano, MI, Italy, VAT number IT11936540969, legally represented by Steadman Stanislas (hereinafter the "Seller") and the customer (hereinafter the "Buyer") concerning the goods, content, and/or services (hereinafter individually and/or collectively referred to as the "Goods") marketed by the Seller on the e-commerce channel of the website www.phoenixrecoveryclub.com (hereinafter the "Platform"). If the Buyer is interested in purchasing, they are invited to read these General Terms and Conditions of Sale carefully before purchasing the Goods on the Platform. By purchasing the Goods through the Platform, the Buyer declares that they have read and expressly approve these General Terms and Conditions of Sale. The description of the Goods is indicated on the technical sheet related to each Good published on the website www.phoenixrecoveryclub.com. It is suggested to print a copy of these General Terms and Conditions of Sale and/or save them for any future need.

The Seller may use subcontractors for the execution of the transport and/or installation service of the Goods and/or other services covered by the order.

Conclusion of the Contract

By placing a purchase order on the Platform, the Buyer guarantees to be of legal age, possess the necessary legal capacity, and be legally authorized to conclude purchase contracts. By sending the purchase order, the Buyer acknowledges having read, understood, and accepted all the present General Terms and Conditions of Sale. The acceptance of the purchase order by the Seller will occur by sending an order confirmation message to the email address that the Buyer must indicate during the purchase procedure on the Platform, it being understood that this means of communication has been expressly accepted by the Buyer for the exchange of information relevant to the conclusion and execution of the sales contract.

Prices and Payment Methods

The prices for purchasing the Goods for sale on the Platform include VAT. Payment of the price must be made by credit card or via PayPal. The details of the payment conditions applicable at the time of formulating the purchase order are indicated at the checkout.

The Goods remain the property of the Seller until full and complete payment of all claims arising from the conclusion of the sales contract, including any late interest and costs incurred by the Seller for the forced recovery of the claim.

Delivery and Transport

Delivery is free unless otherwise indicated. The transport costs will be indicated on the checkout page, as well as the delivery times.

Take-Back of Equivalent WEEE

The Seller carries out the free "one-for-one" take-back of equivalent electrical and electronic equipment of which the Customer disposes, intends to dispose of, or is obliged to dispose of (so-called "Equivalent WEEE"). Equivalent WEEE refers to WEEE collected in exchange for the provision of a new device that has performed the same function as the supplied device. The take-back assumes the purchase on the Platform by the Buyer of a new electrical and electronic device intended for domestic use that performs the same function as the equivalent WEEE. The free take-back of WEEE takes place exclusively on a "one-for-one" basis, i.e., an equivalent WEEE collected in exchange for the purchase of a new electrical and electronic device. The WEEE equivalent take-back service is free throughout the territory of the Italian Republic, RSM, and the Vatican City State. The free take-back will take place within 30 (thirty) days from the date of delivery of the new product, at the same delivery address. The Buyer must ensure that the equivalent WEEE to be collected is ready for collection; otherwise, the collection may be refused. The Buyer who intends to use the free equivalent WEEE take-back service must make an explicit request at the time of purchasing the new electrical and electronic device by clicking on the appropriate symbol during the purchase process on the Platform or by contacting the Seller's customer service number +39 338 9141 096 or by sending an email to contact@phoenixrecoveryclub.com. Regarding the collection of WEEE containing personal data, the Buyer must independently proceed with the deletion of such data, expressly holding the Seller harmless from any liability regarding privacy regulations.

Warranty and Assistance

Warranty Duration:

For consumers: 1 year from the date of delivery, except for wear parts (cables, padding, rubber, and plastic parts).
For professionals: 6 months from the date of delivery, with an additional 12 months during which only spare parts are free, but travel and labor costs are borne by the buyer.

Exclusion of Warranty:

Wear parts are not covered.
The warranty does not apply in case of intensive use in facilities open to the public.
Goods used for professional purposes lose their warranty if intended for intensive use.

Warranty Conditions:

The goods must be used and maintained in accordance with the user manual.
Installation must be carried out by the seller or authorized third parties; otherwise, the warranty is void.

Repair or Replacement:

The seller may choose to repair or replace defective goods.
Warranty interventions are carried out only in Italy, the Republic of San Marino, and the Vatican City State unless otherwise agreed.

Unjustified Intervention:

If a service intervention is requested without justification, even if the goods are under warranty, the costs will be borne by the buyer.

Limits and Exclusions:

The warranty does not cover damage caused by improper use, inadequate maintenance, accidents, or natural phenomena.
Products with altered or removed serial numbers are not covered.

Claim Process:

The customer must notify problems within 30 days.
Provide the necessary documents, including the serial number, invoice, and a detailed description of the problem.

Services and Multimedia Content

When the order concerns the provision of services (for example, personal training services at the customer's home or remote personal training services) or the availability of multimedia content (for example, live streaming or on-demand training classes) (collectively, along with the services, the "Content"), the description of the services or Content and the delivery methods will be indicated in the description of the service or multimedia content for sale on the Platform.

When the order concerns the provision of remote services and/or multimedia content, they will be made available through the activation of an account that will be assigned to the Buyer during the registration process on the web or mobile platform intended for the delivery of the selected service and/or content (for example, on the phoenixrecoveryclub.com platform). Access to the platform will therefore require the use of a compatible Phoenix Recovery Club® product or a device for accessing the mobile or fixed network (e.g., tablet, smartphone, PC, Phoenix Recovery Club® equipment connected to the internet, etc.) compatible with the platform through which the services and/or Content are delivered, as well as the activation by the Buyer of the account generated by the Seller that will be communicated to the Buyer on the activation date.

If the services and/or multimedia content are sold in combination with other products from the Seller, the activation date of the access services to the Content on the dedicated platform will coincide with the delivery date of the product or the subscription activation date, whichever comes first.

If the services and/or multimedia content are sold separately, an email communication from the Seller will determine the activation date.

The duration of the multimedia services (which also includes access to the Content), calculated from the activation date, is specified in the commercial description of the purchased service and/or multimedia content. The activation and maintenance of an account on the platform through which the Seller or its suppliers provide remote content or services do not entitle the Buyer to receive free updates or upgrades of the already active content and/or applications.

Password and Account Access:

The user who has activated the subscription to the Content and selected the Payment Method has control and access to their data and devices compatible with Phoenix Recovery Club used to access it and is responsible for all activities carried out through the account. To maintain control of the account and prevent anyone from accessing it (and therefore also to strictly personal and sensitive information), the account holder must maintain control of the devices compatible with Phoenix Recovery Club used to access the Service and must not share the password or payment method details associated with the account with anyone. It is the user's responsibility to update the information provided regarding the subscription and to keep it accurate and up to date. Phoenix Recovery Club reserves the right to close or suspend access to the Content to protect the user, Phoenix Recovery Club, Phoenix Recovery Club's partners, or any third party from identity theft or other fraudulent activities.

The management of the account through which remote services and/or multimedia content are made available will be in accordance with the terms of use and privacy policy of the phoenixrecoveryclub.com platform, accessible here and here, which will be presented to the user for acceptance upon first access to the account activated by the Seller.

By purchasing a subscription to the Content and/or multimedia services, the user can access the Content made available by Phoenix Recovery Club for the specific compatible Phoenix Recovery Club product. Such Content is viewable and accessible only from the single compatible Phoenix Recovery Club product located within a domestic environment. Up to 4 personal accounts can access the Content from the same compatible Phoenix Recovery Club product.

The Content subscription is monthly and renews month-to-month until cancellation or termination. It is possible to purchase subscriptions for durations longer than one month if available. In this case, at the end of the period, unless canceled, and where permitted by law, the subscription will automatically renew on a monthly basis at the rate in effect at the time of renewal.

The subscription provides access to Phoenix Recovery Club Content or to content, services, and subscription plans offered by third parties in addition to Phoenix Recovery Club Content. Some subscription plans or access to third-party content may have conditions or limitations that will be disclosed at the time of activation or through any other means of communication.

Specific information regarding the active subscription on the user's account is available in a dedicated section within the account area.

Payment Methods:

At the time of subscription activation, the Buyer must indicate one or more "payment methods." "Payment method" means a valid and accepted payment method by Phoenix Recovery Club's e-commerce platform. The payment method can be changed during the subscription. Unless the user cancels the subscription before the expiration, Phoenix Recovery Club is authorized to charge the subscription fee for the next month using the chosen payment method. Available payment methods may also be updated based on data and provisions from payment service providers. Following each update, Phoenix Recovery Club is authorized to use the available payment methods for charging the subscription fee, subject to the user's responsibility for any defaults. If a charge fails, for example, due to insufficient funds or any other reason, and if a timely subscription cancellation has not been made, access to the Content and/or service may be blocked until a valid payment method is successfully charged. For some payment methods, the issuer may charge fees. Tax charges may vary depending on the payment method used. For more details, check with the service provider associated with the chosen payment method.

Billing Cycle:

The subscription fee for access to the Content and/or service and any other charges related to their use, such as taxes and possible fees, will be charged monthly through the chosen payment method on the day corresponding to the start of the payment period or the next available day, if there is no corresponding day at the time of renewal. To view the next billing date, access your account and click on "Billing Information."

Financed Purchases:

Not applicable.

Cancellation:

Except for financed purchases, whose cancellation terms may be subject to specific restrictions, the subscription to the Content can be canceled at any time. To the extent permitted by law, payments are non-refundable, and no refunds or credits are provided for partial use or unused content. To check subscription details or cancel it, access the personal area of your account and click on "My subscriptions."

Changes to Prices and Subscription Plans:

Phoenix Recovery Club reserves the right to modify subscription plans or subscription prices; however, any changes will only take effect after at least 30 days' notice sent to the email address registered for the account.

Information Requests and Refunds:

For information or complaints regarding charges, contact the following email address: contact@phoenixrecoveryclub.com.

Terms and Restrictions of Use:

To subscribe to the Content and/or services, you must be of legal age. Minors can access the Content only under adult supervision. The Content can only be used by individuals in good health. Phoenix Recovery Club is exempt from any liability for damages dependent on the user's health condition. Phoenix Recovery Club does not perform medical activities and is not responsible for verifying the user's health status. Phoenix Recovery Club's liability limitations do not apply: (a) in case of death or personal injury caused by gross negligence; (b) in case of fraud; (c) for any other circumstance where the law does not allow liability exemptions.

The Content is intended exclusively for personal and non-commercial use and cannot be shared outside the domestic environment. The subscription grants a limited, non-exclusive, non-transferable right of access to the Content. No other rights, titles, or interests are transferred under these Terms. The service for Content availability cannot be used publicly.

The Content will be accessible primarily from the country where the service was activated and only in geographical areas where the service is active and where Phoenix Recovery Club has the rights and technology to offer the Content. The Content may therefore vary periodically and depending on the geographical area. You can access the Content with a single device; however, it is possible to access it with multiple personal accounts up to a maximum of 4.

The use of the Content, including all related features and functionalities, is allowed only in accordance with applicable laws, rules, and regulations and any other limitations on the use of the service or content. The Content and any material acquired or otherwise enjoyed through the Platform and/or with the compatible Phoenix Recovery Club® product cannot be stored, reproduced, distributed, modified, displayed, published, licensed, or used to create derivative works to offer for sale or use. Content protections cannot be bypassed, removed, altered, deactivated, degraded, or blocked; it is forbidden to use robots, spiders, scrapers, or other automatic tools to access the Content and/or the related service; it is forbidden to decompile, reverse engineer, or disassemble any software or other product/work/process accessible through the service that provides the Content; it is forbidden to insert any code or product or manipulate the Content or use any data mining or data collection or extraction method. It is absolutely forbidden to upload, post, email, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment associated with the Content and/or the service, including viruses and any other code, file, or program. Phoenix Recovery Club may limit or interrupt the use of the Content if these Terms of Use are violated or if the service is used unlawfully or fraudulently.

The quality of the Content viewing may be affected by a range of factors, such as geographical location, available bandwidth, or internet connection speed. All internet access costs will be borne by the user. We encourage you to check for any data network charges with your internet service provider. The time needed to start viewing Content may vary based on a range of factors, including geographical location, available bandwidth, and selected content.

The software that provides the Content is developed by or on behalf of Phoenix Recovery Club and is designed to allow the viewing of Content through compatible devices. This software may vary depending on the device, and functionalities and features may be different depending on the device. It is also possible that using the Content requires third-party software subject to licensing terms set by third parties. By subscribing to the Content, you agree to automatically receive updated versions of Phoenix Recovery Club's software and third parties.

The processing of personal data is subject to Phoenix Recovery Club's privacy policy available at this link [link to privacy policy].

Electronic Communications:

We will send information related to the Phoenix Recovery Club account (for example, payment authorizations, invoices, password or payment method changes, confirmation messages, or notifications) exclusively in electronic format, using the email address provided at the time of account registration.

Changes to Terms of Use:

Phoenix Recovery Club may change these Terms of Use. In this case, a notification will be sent to the email address used for account registration with at least 30 days' notice.

Warranty and Assistance for Phoenix Recovery Club® Products. Limits and Expirations. Safety Provisions for Performing Installation Services.

For Buyers who have the status of consumers or users under Article 3, co. 1, lett. a) of Legislative Decree 6 September 2005, no. 206 as amended (Consumer Code), the warranty for new Goods extends up to 1 (one) year from the date of delivery, except for all wear parts (such as, purely by way of example and not exhaustively, cables, padding, rubber, and plastic parts).

As for Buyers who do not fall into the category of consumers or users under the Consumer Code, by derogation from Articles 1490 et seq. of the Italian Civil Code, the warranty provided by the Seller is strictly limited to the sole replacement or repair, at the Seller's sole discretion, of the components of the Goods that present original defects in material or workmanship, and the Buyer, therefore, waives any action for termination or price reduction. The warranty on new Goods is 6 (six) months from the date of delivery, plus an additional 12 (twelve) months (second year from the date of delivery) during which service calls will be charged a fixed call fee, labor costs, and travel expenses, with only the spare parts being free, in any case excluding wear parts. The Seller also warns that the Goods intended for domestic use are designed to minimize size and weight, ensuring at the same time, manageability and ease of use, to facilitate their placement and use in domestic environments and their intended use for non-intensive use (non-intensive use is not considered the use made in corporate and hotel environments, provided that such structures allow use only to internal guests and the gym is not open to the general public). Therefore, the warranty on Goods designed for domestic use expires when they are intended for intensive use in public gyms.

The Seller may oppose the professional Buyer invoking the conventional warranty (therefore limited to the second year), the non-payment in full of the price of the Good, suspending their warranty services. In this case, even the possible supply of spare parts may only occur upon full payment of the price of the Good or via cash on delivery.

Used Goods (not reconditioned) are guaranteed for 1 (one) year from delivery when intended for Buyers who have the status of consumers by law, while they are sold without warranty in all other cases.

All Goods travel with an instruction booklet for their correct use and maintenance, and therefore, the warranty under this article 7 does not apply in the case of defects, breakdowns, and shortages of Goods resulting from improper use and/or maintenance and/or non-compliance with the instructions provided in the instruction booklet.

If the installation of the Goods is carried out directly by the Buyer or by unauthorized third parties by the Seller, the Seller is not responsible for damages resulting from incorrect installation of the Goods or installation carried out in a manner not compliant with the instructions indicated in the user or installation manual or any other document accompanying the Goods.

Some Goods require floor (or wall or ceiling) mounting to be carried out using appropriate fixing equipment before use. If floor (or wall or ceiling) mounting of the aforementioned Goods is carried out directly by the Buyer or by unauthorized third parties by the Seller, the Seller is not responsible for damages resulting from incorrect or lack of floor (or wall or ceiling) mounting of the Goods or from floor (or wall or ceiling) mounting carried out without using the appropriate fixing equipment and/or in a manner not compliant with the instructions indicated in the user or installation manual or any other document accompanying the Goods.

The Buyer undertakes to adopt in the places where the installation and/or maintenance service of the Goods will be carried out all necessary measures to ensure that the place of execution of the service is safe for the execution of the same and does not generate risks for the health of the personnel engaged in the installation or maintenance intervention. To this end, the Buyer indemnifies the Seller from any liability for damages to property and/or persons that may occur in the environment where the installation or maintenance services are performed, except in cases of willful misconduct or gross negligence attributable to the Seller or any subcontractors.

Any warranty interventions, in any case, will be carried out by the Seller exclusively on Italian territory, the Republic of San Marino, and the Vatican City State and provide exclusively for the restoration of the functionality of the Good with the free replacement of defective parts, unless the Seller, at their sole discretion, considers it more convenient to proceed with the complete replacement of the Good itself. The Seller in any case declares and guarantees that they can carry out warranty interventions on the Goods even outside the aforementioned territories, reserving the right to charge any costs to the Buyer, with reimbursement also in advance.

In all cases where the Buyer requests a service intervention that is found to be unjustified by a real malfunction of the Good or otherwise by a problem not attributable to the Seller, the Seller may proceed to charge the Buyer the cost of the call even if the Good is covered by warranty.

Right of Withdrawal for Buyers with the Status of Consumers or Users under Article 3, co. 1, lett. a) of Legislative Decree 6 September 2005, no. 206 as amended (Consumer Code)

Within 14 (fourteen) working days from the date of delivery of the product or from the date of conclusion of the contract if it concerns services, the Buyer with the status of a consumer or user under Article 3, co. 1, lett. a) of Legislative Decree 6 September 2005, 206 as amended (Consumer Code) may withdraw from the contract without penalty and without specifying the reason. The withdrawal period expires after 14 (fourteen) days from the day on which the Buyer or a third party designated by them, other than the carrier, takes physical possession of the product or from the date of conclusion of the contract if it concerns services. The right of withdrawal can be exercised only by Buyers with the status of consumers under the relevant legislation, i.e., individuals who have purchased the products for their personal use and for non-professional purposes. To exercise the right of withdrawal, the Buyer must inform Phoenix Recovery Club, Via Monte rosa 16, 20149 Milano, MI, Italy, Tel +39 338 9141 096, email: contact@phoenixrecoveryclub.com of their decision to withdraw from the contract through an explicit declaration (e.g., letter sent by post or email). For this purpose, the customer can use the withdrawal form available on the web page Right of Withdrawal, but it is not mandatory. The Buyer can also fill in and submit electronically the withdrawal form or any other explicit declaration on the aforementioned web page. In this case, the Seller will promptly send a confirmation of receipt of the withdrawal on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired. If the Buyer decides to withdraw from the contract, all payments made in favor of the Seller will be refunded to the customer, including delivery costs (except for additional costs resulting from the Buyer's choice of a delivery method other than the standard least expensive delivery method offered by the Seller), without undue delay and in any event no later than 14 (fourteen) days from the day on which the Seller is informed of the Buyer's decision to withdraw from the contract. Such refunds will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not incur any costs as a result of such a refund. The refund may be withheld until the Goods are received or until the Buyer has provided proof of having sent back the Goods, whichever is earlier. The Buyer is requested to return the Goods or hand them over to the Seller at the following address: Phoenix Recovery Club, Via Monte rosa 16, 20149 Milano, MI, Italy without undue delay and in any event no later than 14 (fourteen) days from the day on which they communicate their withdrawal from the contract. The deadline is met if the Buyer sends back the Goods before the period of 14 (fourteen) days has expired. The direct cost of returning the Goods will be borne by the Buyer. The cost is estimated to be approximately equal to the cost incurred by the Seller for the delivery charges. In the case of contracts concluded outside the commercial premises, if the Goods by their nature cannot be returned by post, the Seller will take charge of the return of the Goods at its own expense. The Buyer is only responsible for the decrease in the value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

Applicable Law and Exclusive Jurisdiction

These General Terms and Conditions are governed by Italian law, to the exclusion of all others. For any dispute between the Buyer and the Seller, the exclusive jurisdiction will be that of Milan, Italy.

Communications

For any information and/or to file any complaints, the Buyer can send an email to the following address: contact@phoenixrecoveryclub.com or contact the number +39 338 9141 096.

Language

General Terms and Conditions of Sale