General terms and conditions of sale

1. General information

Ownership of this website, www.Matt-train.com, (hereinafter referred to as the "Website") is held by: Matthieu GAVIANO (trade name Matt Train), registration number CIF/NIF Y6179375-W and registered as "autonomo" and his contact details are info@matt-train.com and +33631551079.

 

2. Subject

These general terms and conditions of sale apply to all online sales offered on the Website.

Their purpose is to define the terms and conditions of the sale of products sold by Matt Train.

Matt Train offers the following products for sale:

- Ebooks related to nutrition and recipes

- Online personal training service and nutritional advices

 

3. Purchasing process

The Buyer may make purchases on the Website by the means and forms established.

The Buyer declares to have read and accepted the present general terms and conditions of sale before placing his order.

The Buyer declares to be must be over 18 years of age and have the legal capacity to enter into contracts through the Website.
Acceptance is indicated by a check box in the order form..

The Buyer must follow Matt Train's online purchase procedure, during which the product or service can be purchased by clicking on : "proceed to payment" or "pay in X installments" for online personal training services. and for digital goods on sale.
The Buyer must fill in the fields marked as mandatory in the form provided for this purpose.

The Buyer guarantees that all the information he gives in the form is accurate and sincere.

The Buyer can access the summary of his cart as long as the order is not definitively validated and can correct possible errors.

At the end of his order, the Buyer will receive an e-mail confirming the order.
Once the purchase has been completed, the Buyer agrees that the Website will sent the order an electronic invoice which will be sent to it by e-mail.

 

4. Terms and conditions of prices and payments

The prices displayed on the Website are indicated in euros (€), or in US dollars ($), Canadian dollars ($), Australian dollars ($) or pound sterling (£) and all taxes included, except if by legal obligation, in particular with regard to VAT, a difference is indicated and applied.

Prices can be be modified at any time but possible modifications will not affect purchases for which the Buyer has already received a confirmation.


The accepted means of payment will be : Master Card, American express, Visa, Maestro, Ideal, Bancontact, Shop Pay, Apple Pay, Google pay via Shopify payment. Stripe or Partial.ly are also available as optional payment methods.
Credit cards will be subject to  approval and the authorisation of the issuing bank. If the bank does not authorize payment, Matt Train will not be responsible for any delay or non-delivery of the product or service and will not be able to formalize a contract with the Buyer.

Payment plan offers are the result of a collaboration between Matt Train and Partial.ly: Partially Inc, 8 the Green suite A, Dover, DE 19901. A payment plan system integrated into www.matt-train.com.

 

The Buyer can modify the information relating to his means of payment by connecting to the Website and modifying the information in the parameters of his account. If the Buyer has chosen the offer of payment with the company Partial.ly, the Buyer can modify his information relative to his payment by connecting to his account Partial.ly created at the time of the purchase.

In any case, by clicking on "Proceed to payment", the Buyer confirms that the payment method used is his own.

 

5. Ebooks

Concerning the Ebooks, it will be the responsibility of the Buyer to download the Ebook, object of his order following the placing of his order.

 

6. The online personal training service

6.1 Terms and conditions of purchase

In order to purchase the online personal training service online, the Buyer acknowledges that he or she has no medical contraindications to the practice of fitness or any other sports activities, and that he or she has been proceed to a medical check-up before begining the personal training.

Once the purchase has been made, The Buyer will be required to complete two detailed questionnaires made for the design of the online personal training.

The Buyer guarantees that the data it communicates in these two questionnaires are accurate and in accordance with the reality.

Once the detailed questionnaires have been completed and sent to Matt Train, the Buyer will receive by e-mail, within 5 days after the return of both questionnaires, a link allowing him/her to access the online personal training on the web portal and on the mobile application.

6.2 The formulas

Each personal training package includes online personal training, training follow-up and correction of exercises, individual support, follow-up/ advices and implementation of nutritional goals and one of the 2 ebooks currently on sale.

The online personal training service is offered in 3 different formulas :

  • Online personal training for a period of 3 monthsat the price of 999€ TTC for a cash payment or at the price of 1048,48€ TTC for a payment plan option with the payment company Partial.ly. A down payment of 360,31€ is paid by the Buyer on the day of the purchase then 344,33€ are paid each month during 2 months.
  • Online personal training for a period of 6 months at the price of 1799 € TTC for a cash payment or at the price of 1888.85 € TTC for a payment plan with the payment company Partial.ly. A down payment of € 330.57 is paid by the Buyer on the day of purchase and then € 311.68 is paid each month for 5 months.
  • Online personal training for 12 months at the price of 2999 € including tax for a cash payment or at the price of 3148.95 € including tax for a payment plan to the payment company Partial.ly. A down payment of €280.26 is paid by the Buyer on the day of purchase and then €260.79 is paid each month for 11 months.

6.3 Acces to the mobil apps and web portal for the personal training

The mobile applications and the web portal are the result of a collaboration between Matt Train and the companyVirtuagym B.V - Amstelplein 6, Mondriaan Toren, 19th floor- 1096BC Amsterdam NL.

The Matt Train online personal training provides access to the Buyer to a web portal and two mobile applications created by Virtuagym.

On these platforms, theBuyer has  access to the entire online personal training, from nutritional goals, to messaging and all other options for workout follow-up such as goals and challenges.

The applications and the portal are normally available 7 days a week, 24 hours a day.

Matt Train disclaims all responsibility to a possible temporary stoppage of the portal or applications in the eventuality where Virtuagym would make a computing intervention.

For access to the mobile applications or web portal, the Buyer will receive an e-mail allowing him/her to activate his/her account and to create the login and password which are strictly personal and confidential and shall not be communicated or shared with third parties or person.

The Buyer is held responsible for the use of its own resources ofidentification by third parties or actions or declarations made through his account, whether fraudulent or not, and guarantees Matt Train against any request to this title Matt Train  does not have the technical means to check the identity account.

The equipment allowing access to the online personal training services and the possible expenses incurred by their use are the exclusive responsibility of the Buyer.

6.4 Access to messaging for online personal training

Through the mobile applications, the Buyer has  access to a messaging service, available 7 days a week, 24 hours a day. Matt train will endeavour to answer the User's questions as quickly as possible. Matt Train does not guarantee a response time. Matt Train answers messages from Monday to Sunday from 7am to Midnight (Madrid time zones).

 

7. Right of withdrawal and express renunciation

In accordance with the legal provisions, the Buyer has a period of 14 days to exercise his right of withdrawal from a contract concluded at a distance before accessing the content.

If the Buyer wishes the execution of the service to begin before the end of the withdrawal period, he must make an express request to this effect.

In accordance with Article 103 of Royal Legislative Decree 1/2007 of November 16, 2007), approving the revised text of the General Law in accordance with the General Consumer and User Protection Act and other complementary legislation, the right of withdrawal may not be exercised for contracts for the supply of digital content which is not supplied on a physical medium and where performance has begun after the consumer's express agreement and waiver of the right of withdrawal.

As part of his order, prior to the purchase of any Ebook, the Buyer :

  • Gives its prior and express consent to the provision of digital content independent of any physical support;
  • Gives his prior and express consent to the execution of the contract for the purchase of the Ebook before the end of the 14-day withdrawal period;
  • Declare to be aware of the provisions of Article 103 of the Royal Legislative Decree 1/2007 of November 16, 2007 and accepts that it does not have a right of withdrawal following the purchase of an Ebook.

Considering the coaching work done before the begining of the personal training program and the individualized study carried out by Matt Train, Matt Train will be able to keep 100% of the price for any retraction that occurs even though access to coaching has already begun.

 

8. Suspension of the online personal training program for medical reasons

In the event of illness or injury, the Buyer may suspend his or her personal training program upon presentation ofa medical certificate prohibiting physical and sports activity for a minimum period of 30 days by sending it to The following address: info@matt-train.com.

The program will resume as soon as the period of medical leave is over. Payments, in case of payment plan, will continue during the period of the ban on physical activity.

 

9. Privacy

All the contents of the Ebooks as well as all the training methods, techniques and nutritional objectives and advices of the online personal training are the sole property of Matt Train and are strictly confidential. Buyers and Users of Matt Train personal training and the Ebooks are committedto respect this confidentiality.

 

10. Intellectual Property

The Ebooks and all the contents of the personal training programs are protected by intellectual property and copyrights. These Ebooks and personal training program content or any part thereof may not be used, modified, published, adapted or reproduced in any way without the express written permission of Matt Train.

 

11. Exclusion of liability

The Matt Train personal training and the Ebooks do not guarantee an improvement in health, lifestyle, fitness, performance, mobility, recovery and cannot guarantee protection against injury.

Matt Train cannot guarantee weight loss, toning , muscle gain, cardio-vascular improvement or any other desired physical goals.

Matt Train disclaims all liability in case of injury to the physical integrity of Users and Buyers as well as in case of contraindication to the practice of sports or any other sports and nutritional activities.

Matt Train disclaims all responsibility for the results obtained and any disputes regarding the desired, achieved or executed goals of the online personal training and the sports advices and dietary guidelines as well as the Ebooks.

 

Matt Train will not be held responsible for any failure or delay in the execution of any of the obligations when this failure isdue to events beyond its reasonable control, i.e. a case of major force.

Thus, the obligations are suspended for the period during which the cause of the major force continues.

 

Concerning the Ebooks, the recipes in the Ebooks are designed for healthy people, this is only an example of quantity. As with any nutritional program or dietary change, the Buyer should consult with his or her registered dietitian nutritionist or doctor before beginning. None of the recipes should be construed as medical treatment or medical advice. The Buyer of any of these Ebooks understands that the implementation of these recipes and the consequences that may result is the sole responsibility of the Buyer and not that of Matt Train.

These recipes may contain certain foods that may not be tolerated by everyone. If difficulties or discomfort arise due to intolerance, digestive problems or allergies, the Buyer should not use them. For safety in case of doubt, the Buyer should contact his doctor.

 

12. Written communications and notifications

The Buyer agrees that Matt Train communicates with him electronically.
For contractual purposes, the Buyer agrees to use this means of communication.
The Buyer may send and communicate with Matt Train using the contact details provided in the legal notice and, where applicable, through the contact spaces on the Website.

 

13. Complaints and claims

The User may send Matt Train his complaints, claims or any other comments using the contact details provided at the beginning of these terms and conditions.


In addition, Matt Train provides Users with official claim forms which they can request from Matt Train at any time, using the contact details provided in these terms and conditions.
Similarly, if a dispute arises during the conclusion of this purchase contract between Matt Train and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with the European Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online. This method is accessible on the website : http://ec.europa.eu/consumers/odr/