BHOUT Terms and Conditions - User Agreement and Legal Information.

Terms and Conditions

Updated in December 2023

These terms and conditions ("Terms") govern yourparticipation in the pre-sale of the BHOUT Bag offered by BHT,  Unipessoal Lda. and it subdomains. By placinga pre-order for the BHOUT Bag, you agree to abide by these Terms, so it isimportant that you read them carefully.

BHOUT Products are marketed by BHT, Unipessoal Lda., a limitedliability company with headquarters at Rua de Carvalha, nº 570, 2400 - 441 Leiria, registered in the Commercial Registerwith the NIPC 515724637. Throughout the document, the terms «BHOUT», «Company»,«We», or «Our» will be references to the commercial company BHT - UnipessoalLda. When we refer to «User», « You» or «Yours», we refer to you, the personwho is visiting our website or purchasing our products using this website.

1. ACCEPTANCE OF THESE TERMS AND CONDITIONS

By accessing, visiting, or using the website, you declare to be fully and clearly aware of the rules and warnings included in these Terms and Conditions, and accept to be governed by them.

If you do not agree with the Terms and Conditions, you should not access or use the website or any of its contents.

2. BHOUT SERVICES

The BHOUT Products & benefits associated are the following:
a) The BHOUT Bag Kit, which includes a:
- wall mounted BHOUT Bag;
- set of Boxing Gloves & inner gloves;
- set or elastic resistances for supporting strength training;
- 12-month free access to all the app’s features.

b) Add-on products: When pre-ordering the BHOUT Bag, the customer is also getting an option of purchasing: (i) a Self-standing station - so the Bag can be detached from walls, and; (ii) a “Kiosk Screen” - to use the BHOUT App. The pricing of these add-on products is to be communicated before the time to order the BHOUT Bag.

c) Early-adopter benefits: Customer who pre-order product will benefit from early-adoption perks that only these customers will benefit from. All such benefits are communicated at the website.

3. CUSTOMER REGISTRATION


3.1. Customers may register in our website, in the «Get the BHOUT Bag» section. To complete the registration, you must provide the following information:
- First name
- Last name
- Email address
- Phone number

3.2. The registration allows you to join the waiting list and gives you access to the procedure for placing orders and completing a purchase.

3.3. By registering in our website, you warrant that all information is correct and updated. By registering, you expressly accept these Terms and Conditions and our Privacy Policy.

3.4. We reserve the right to suspend or eliminate your registration and its associated benefits if abusive or fraudulent behavior is detected within the framework of the Account or on our website.

4. PRE-ORDER AND PAYMENT

4.1. Pre-order Process: By placing a pre-order for the BHOUT Bag on our website or designated pre-sale platform, you are assuring a waiting list spot for finishing your purchase of the BHOUT Bag at the communicated delivery timing - delivery timeline details on section 5 below.

4.2. Payment: The price and payment terms for the BHOUT Bag pre-order will be specified at the time of purchase. Payments will always be processed in USD. The pre-order is priced at 200 USD (including VAT, accordingly with the corresponding country’s law).

The pre-order payment will assure the customer the possibility of finishing the purchase of a BHOUT Bag Kit or add-on products, accordingly with the communicated delivery timings. The value the customer pays for the pre-order value will deduct the total value of the future purchase of any of the mentioned products and services.

Pre-orders will be processed only after payment has been settled. The invoice will be sent to you with your order.

4.3. How can you pay: Accepted payment methods are Debit cards, Credit Card, and PayPal. Since we use external services (PayPal, Stripes) to process payments, we are not liable for nor have control over the service provided by these entities. Customers acknowledge and agree that BHOUT will be not liable for any loss or damage arising from your use of third-party payment processing. Additionally, we do not process, record or maintain your credit card or bank account information. To find out more about how payments are processed, or to better understand the data security and privacy that is guaranteed, you should consult the terms of service of PayPal, Stripe, and their privacy policies.


4.4. Shipping price: The shipping price is calculated at check-out, depending on each order and the address indicated by you.

4.5. Changes or Cancellation of Pre-order: We reserve the right to make changes to pre-orders before product shipment. If a customer decides to cancel a pre-order, they’ll need to communicate to hello@bhout.com so we can proceed with the refunding of 100% of the value delivery.

5. DELIVERY

5.1. Delivery Timelines: We estimate that delivery of the BHOUT Bag will occur by batches. There are 3 (three) delivery batches, and their delivery timings will be communicated to you at the time of your purchase. When your Bag is ready for delivery, we will contact you to finish your order process. You should be aware that these dates may be subject to change, however, below you can find the estimate 3 (three) period batches:

5.1.1. Launch of 250 BHOUT Bag Kit units during September 2024;

5.1.2. Launch of 2300 BHOUT Bag Kit units early 2025;

5.1.3. Launch of an estimated number of up to 12.000 BHOUT Bag Kit units by the end of 2025.

The delivery times mentioned above apply when the ordered products are available.

5.2. Delivery Location: Delivery will be made to the address provided during the pre-order. Please ensure delivery information is correct to avoid delivery issues.

5.3. International shipments: In the case of international shipments, we are not responsible for any customs fees, as well as for delays in delivery in the destination country.

6. RETURNS AND REFUNDS

6.1. We ask that you always check your order as soon as you receive it.

6.2. If you are a consumer (an individual) you can return the products you have purchased through this website within 30 days.

6.3. If you notice any problem with your pre-order, please contact us through the contacts indicated above (under section 15 «CUSTOMER SUPPORT») within 30 days of receiving your products. We will immediately analyse the situation and, if necessary, guarantee the collection of the products, which can be exchanged or replaced by products of equal value, at no cost to the customer.


6.4. If for any reason the product is no longer available after you place the order, you will be notified of this circumstance and at that time you will be given the possibility of cancelling the pe-order and be refunded, if you have already made the payment.

6.5. Returns procedure: To return a product, in cases where the return is possible under the terms provided herein, please send us an email to support@bhout.com with an explanation of why you want to proceed with a return and attaching the corresponding invoice. You must keep the original packaging and its contents exactly as delivered to you.

7. LIMITATIONS OF LIABILITY

To the extent permitted by law, by accepting these Terms and Conditions you are declaring to understand and agree that We will not be liable at any time:
- for any damages resulting from the use of the BHOUT Bag Kit;
- for any failure to deliver your pre-order for reasons caused by you, e.g., due to an error caused by you providing the wrong address, or any other elements necessary to complete your order or process the payment;
- for the delay in the delivery of your pre-order, due to traffic conditions, weather conditions or any other unforeseen circumstances;
- for any direct or indirect loss or damage, caused or arising from the permanent or temporary unavailability of our website or platform;
- for any consequences arising from the misuse of your account, namely arising from its misuse caused as a result of failure to keep your codes and passwords confidential and secure.

8. YOUR OBLIGATIONS AS A USER

Once you have registered on our website, you will be responsible for all activities made through the use or the use of your registration details. In addition, by accepting these Terms and Conditions, you will declare to know and agree that you are committed to:

- not use our store, your account, or the account of others for fraudulent or abusive activities;
- ensure the security and confidentiality of the username and password that allow access to your account;
- use our website in accordance with these Terms and Conditions, our Privacy Policy as well as the law and regulations in force;
- to pay on time all costs and charges related to orders you place in our store.

9. WEBSITE’S OPERABILITY

We may suspend, block, stop or cease access to the website or the website, for all or only one or more users, in the following cases:
- When necessary due to technical, strategic, legal or business constraints;
- When necessary to ensure the security of, namely, communication channels, equipment or information;
- When it has strong suspicions of fraudulent or abusive use by you or a third party including the use of robot, spider, crawler, scraper, or other automated means or interface to access the Platform or extract other users’ information;
- When required by its management, maintenance, repair, modification or update operations of the equipment, systems or any of the Website’s functionalities;
- In other circumstances duly justified, including, in particular, in the event of non-compliance by you of your obligations under these Terms and Conditions.
Hoopers further has the exclusive right to, at any time, permanently or temporarily, in whole or in part, at any time and at its discretion, shut down the Platform or any of its functionalities without prior notice.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. All copyright, trademarks and other intellectual or industrial property rights inherent to our products, texts, images, and other content in general, shared on our website, are owned by us or are being used by us with the permission of the respective owner.


10.2. Access, viewing or downloading of website content must respect the intellectual property rights that protect such content. It is prohibited to extract, use, reproduce or disseminate the content of the website for commercial purposes and to alter or incorporate it into any article, publication, or other website.


10.3. Nothing on this website can be interpreted as granting any license, authorization or right to use any intellectual property right mentioned. Incorrect or abusive use or use of the brand or any other content of this website is expressly prohibited, except as provided in these Terms and Conditions.

11. COMPLAINTS

If you have any comments or complaints, please contact us. If you live in another member state which not Portugal you can also lodge your complaint in the European Consumer Centre website. You can also get more information on the website of the Portuguese Directorate-General for Consumers: https://www.consumidor.gov.pt/ (in Portuguese).

12. PERSONAL DATA

We collect and process personal data from the website’s visitors and customers strictly in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data or General Data Protection Regulation (GDPR).


You can learn about how we collect, process, and use your personal data in our Privacy Policy.


You can also visit our Cookies Policy to find out about how we use cookies in our website.

13. GENERAL CONDITIONS

13.1. Warranty: When the BHOUT Bag is subject to the terms of our warranty policy. Every BHOUT Bag comes with a 24-month warranty against manufacturing defects. The two-year period starts from the day you received the product. You should always keep your receipts and any delivery statements. Customer may return any products delivered with defects or non-conformity free of charge. In case of defects and upon return, we will analyze the product and the customer will be entitled to the substitution of the product or a refund. The legal guarantee does not cover misuse of products, or any modifications and reparations undertaken by the Customer or any third party.

13.2. Changes in Terms: These Terms and Conditions may be updated at any time. Therefore, we recommend that you to visit this document regularly. Visiting our website or completing a purchase is subject to the Terms and Conditions in force in that moment. Whenever there is a change to these Terms and Conditions, we will publish it on this page. Furthermore, if the changes can impact our relationship with our customers, we will publish a more detailed notice and/or notify you by email, if you have registered in our website.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

The law applicable to these Terms and Conditions is the Portuguese law and any dispute regarding its interpretation and execution is subject to Portuguese courts or, if mandatory, arbitration centers.

Furthermore, customers residing in the European Union may use the Online Dispute Resolution system, available here.

15. SUPPORT

For any inquiries related to the pre-order of the BHOUT Bag Kit or for additional information, please contact us at support@bhout.com.