These General Conditions of Online Sale govern exclusively the contractual relations between every customer using the website www.omacademy.pt (hereinafter referred to as the "Client") and the company OM Academy & Mind Spa, Lda., located at Rua Ruben A, 189, 4150-640 Porto, Portugal, enrolled with the VAT Number PT 517 020 947 (hereafter referred to as “OM Academy & Mind Spa”).

The general conditions of sale are the only applicable conditions and supersede all other conditions, except in the event other conditions are established, subject to prior agreement and in writing. OM Academy & Mind Spa may, at any time, alter these general conditions, hence they should be read whenever you access and intend to use the services on www.omacademy.pt (hereinafter referred to as the "Website"). We regard the client as having accepted our general conditions of sale whenever an order is validated, and after ticking the "I accept the general conditions of sale" box.

Clients should read and accept these Online Conditions before submitting their order. The submission of an order implies full knowledge and explicit acceptance of these General Conditions of Online Sale and of what is contained in the order. 

 

1.1. OM Academy & Mind Spa is owned by OM Academy & Mind Spa, Lda., located at Rua Ruben A, 189, 4150-640 Porto, Portugal, enrolled with the VAT Number PT 517 020 947; 

1.2. These General Conditions of Online Sale govern the purchase of products on the website www.omacademy.pt.

1.3. The Client will be identified through the data provided when registering on the website, for which the Client is solely responsible, and OM Academy & Mind Spa will not be held liable in the event false data is provided.  

1.4. The products for sale on the Website are intended for customers of legal age. Thus, whenever placing an order on the Website, the Client is providing a guarantee of being over 18 years of age and having the legal capacity to enter into business. 

 

2.1. Prior to placing an order, you need to confirm that you have read and accepted the General Conditions of Online Sale.

2.2. After submitting an order and effecting payment in accordance with the instructions provided, the Client will receive an e-mail confirming the order. As such, there is no agreement between the Client and OM Academy & Mind Spa until the order has been expressly accepted by OM Academy & Mind Spa through confirmation of the order and dispatch.

Upon confirmation of the order on www.omacademy.pt, an e-mail will be sent to the contact address registered by the Client when submitting the order, containing all the details on delivery, invoicing, payment information, products and values. OM Academy & Mind Spa suggests that all Clients confirm the details of their orders and their conformity with the order placed. In the event the Client does not receive the order confirmation e-mail, please contact OM Academy & Mind Spa through the following channels: telephone +351 939 472 491 or e-mail address: geral@omacademy.pt.

2.3. OM Academy & Mind Spa may, at its discretion, request further information in relation to the order by e-mail or telephone before submitting confirmation of the order and dispatch.

2.4. OM Academy & Mind Spa reserves the right not to process orders that give rise to doubts, that are incomplete, incorrect, or when the products are unavailable. In these cases, OM Academy & Mind Spa will notify the Client by e-mail of the reasons for which the order has not been processed and will immediately refund the amount paid within a maximum of 15 (fifteen) business days of the day on which the Client placed the order. 

2.5. With the exception of reasons due to force majeure, such as when the product is out of stock, OM Academy & Mind Spa will dispatch, through the channel chosen by the client, all orders within 30 (thirty) days of the date on which the order is confirmed.

2.6. OM Academy & Mind Spa reserves the right to refuse an order from a Client with which a litigation process or dispute in relation to a previous order is ongoing, or which has taken place previously. This also applies to all cases in which OM Academy & Mind Spa regards the Client as inappropriate, including, for example, previous violations of the General Conditions of Online Sales, or for any other reason, particularly if Client has been involved in any kind of fraudulent activity.

 

OM Academy & Mind Spa will strive, to the extent possible, to ensure that the photographs and images displayed on the site are accurate representations of the products. However, they are mere illustrations of the product, and there may always be differences such as shades of colour, shapes and even perspectives of size.   

 

The sale prices on the website are in euros, and included fees and taxes. 
The price does not include customs duties charged by some countries like Russia, Brazil and U.S. among others.

Delivery fees are borne by the client and charged at the end of the order in accordance with the products selected. They include taxes. In the event of withdrawal, delivery costs already paid by the Client will not be refunded.

OM Academy & Mind Spa reserves the right to change prices with no prior notice. However, the company undertakes to charge the amounts in effect at the time the order was registered on the website by the Client.

 

We provide the following payment methods for you to place an order on www.omacademy.pt: ATM, Visa and Mastercard. 

In the event the amount charged cannot be debited, the order will be cancelled automatically.

Orders placed on the website www.omacademy.pt will only be processed once payment has been cleared.  

6. AVAILABILITY

Whenever, due to a technical error, the sale of a product that is out of stock is allowed, OM Academy & Mind Spa undertakes to return the amount paid plus the respective delivery fee.

 

7.1. Products purchased on the Website are delivered to Mainland Portugal and the Islands and to European Union countries. Orders will be delivered to the address provided by the client at the time of purchase.

7.2. Each delivery is accompanied by the following elements: 

• Cash sale with a product description and any free gifts;

• Bill of lading.

7.3. Products will only be delivered on business days. 

7.4. Upon receipt of the products, the Client is responsible for checking the integrity of the packaging and inspecting it for any immediately evident damage (for example, a wet or damaged box, etc.). In this case the Client should refuse to accept the delivery and report any such damage immediately, ensuring the carrier is aware of the situation.   

 

8. REGULATIONS

Participation in group or private classes, therapies or other activities scheduled through the website (trial classes, registration, class packs or workshops) requires knowledge and prior acceptance of the Regulations posted at the OM Academy Reception.

8.1 Scope
OM Academy & Mind Spa provides fitness and wellness activities and experiences. As a sports space, for personalized treatments and a social community, the use of facilities, the webApp, social networks and means of communication between OM Academy users must be guided by principles of mutual respect and safety.
This Regulation translates the rules for the use of facilities, equipment, physical or electronic means of communication, website and social networks of OM Academy & Mind Spa, binding all those who attend or use them.
 

8.2. Access to the Gym and use of Equipment
Access to the facilities is subject to the type of registration and contracted use.
Entrance to the premises is restricted to members (with a monthly membership plan or passwords), unless authorized by OM Academy representatives. Members may not be accompanied by guests, including external trainers or physiotherapists, unless invited by OM Academy representatives.
Access to the facilities is limited to opening hours, periods with classes or free access as disclosed on the OM Academy webApp.
The use of equipment must be careful, and only within the scope of classes or “open box” as planned in the map of classes. Members or guests must replace the equipment in the respective storage areas at the end of its use.
In the open box periods, athletes must follow the defined training and follow the instructions of the OM Academy person in charge who is supervising these activities.
Bags, suitcases and clothes must be placed in the changing rooms and hangers provided for this purpose. Valuable personal objects must be kept in the lockers and the key kept by the athlete during the class, returning the key to the locker lock at the end of the class. The use of lockers is only allowed for the period in which the athlete is in the facilities.
OM Academy is not responsible for personal items.
It is prohibited to take locker keys outside the OM Academy facilities, except in cases where the athlete rents the use of the locker and only during the rental period.
Members and guests can use hygiene products such as hand and bath liquid and drinks such as water and tea at the “detox bar” free of charge, only on the OM Academy premises and sparingly.
For hygiene and safety reasons. it is not allowed to store food, drinks or glass containers.
Tables and benches cannot be used for any type of meal.
Items displayed in the Soul Fit showcase and refrigerated bar are available for purchase.
The use of cell phones in service rooms or classrooms is not permitted.
The entry of animals is prohibited, except guide dogs.
Access to the club is prohibited for minors under 16 years of age, except for classes and workshops specifically designed for children and young people.

8.3. Booking and participation in Classes and Services
All activities and services require prior booking, through the OM Academy webApp, with personal access by OM Academy members. Classes and services have a enrollment limit in order to ensure personalized monitoring of students, and access is only allowed to previously registered members and guests. OM Academy does not guarantee availability of vacancies, access being limited to the limit number of registrations defined for each class on the webApp.
Classes can be booked and canceled up to 2 hours before the start of the class. Failure to cancel a class is treated as a class used for the purposes of the weekly class limit defined in the monthly fee plan, or use of passwords.
The number of weekly classes defined in the monthly fee plan or use of passwords refers to each class in which the athlete enrolls. Participation in more than one class per day corresponds to multiple classes.
All members or guests participating in sports classes and activities must have sports personal injury and liability insurance.

8.4. Cancellations and Suspensions
The cancellation of group classes can be done up to 2 hours in advance, through the OM Academy webApp. This cancellation period can be changed by decision of OM Academy and consulted in the rules for scheduling and canceling classes on the webApp.
In the case of private classes (Personal Trainer), individual services (such as massages and therapies) or private events for up to 4 people (such as birthday parties or team building), they can be canceled 24 hours in advance without penalty, or up to 2 hours before the beginning of the service with a penalty of 50% of the value.
Private events with 5 or more people can be canceled up to 72 hours before the start of the event without penalty, or up to 24 hours before with a 50% penalty.
Each member may request suspension of membership for 1 calendar month, paying half of the monthly fee. During that month the member cannot attend classes, but can do extra services or buy individual classes or packs. This suspension of registration ensures the vacancy, as well as the maintenance of the conditions and any promotions.
In the event of cancellation of registration or non-payment of the monthly fee, it will be necessary to make a new registration, with payment of the membership fee and subject to the conditions and terms at the time of the new registration, losing any previous promotions.

8.5. Personal Training
Personal Training is only allowed to trainers duly authorized by OM Academy and with knowledge of the space management team.

8.6. Behavior and Clothing
Members and guests must behave in a cordial and urban manner. The use of insulting language or physical or verbal aggression is prohibited.
Members and guests must refrain from smoking, consuming alcoholic beverages or eating on club premises. Coaches and professionals at the service of OM Academy can only eat in the staff room.
Clothing must be appropriate for the practice of physical activity: shorts, pants, leggings, sports skirt, t-shirts, polo shirts or tops.
It is forbidden to wear shoes in the yoga rooms. In the pilates and fitness rooms you can use shoes that are not used on the street.
Members and guests must use towels to protect exercise equipment and mats.
Filming or photos are not permitted unless authorized by the persons concerned.

8.7. Contraindications and Risks
Law No. 5/2007, of January 16 - Basic Law of Physical Activity and Sport - considers in paragraph 2 of Article 40, within the scope of non-federated physical and sporting activities, that "it is a special obligation of the participant to ensure, beforehand, that they have no contraindications for its practice". Thus, the presentation of a medical examination is no longer mandatory for non-federated practice, and it is up to the participant to ensure that they have no contraindications for the practice of physical and sporting activity in which they intend to engage.
Participants in classes, therapies or other activities at OM Academy acknowledge that the practice of physical and sporting activities or participation in recovery and longevity therapies involves risk and assume responsibility for these risks. Participants declare that they have previously collected on their own the information necessary for their decision to participate in these activities and assume that they have no contraindications for the practice of physical and sporting activities or recovery and longevity therapies in which they enroll. If participants have or come to have contraindications for practicing sports, they must disclose and discuss these limitations with those responsible for OM Academy and the respective teacher, without prejudice to the fact that the decision to participate in sports practices is always the participant`s, who assumes the risks inherent in this practice.
OM Academy is the holder of the legally required sports activity insurance. Participants in classes, therapies or other activities at OM Academy accept the terms of the policy and waive any other compensation or indemnity not covered by the mandatory sports insurance.

8.8. General Conditions and Privacy and Data Protection Policy
Commercial relations between customers and OM Academy & Mind Spa are governed by the General Conditions available on the website at https://www.omacademy.pt/general-conditions 
All members must read and accept the general data protection regulation provided at the time of registration and access to the webApp, as a condition for using the facilities and accessingthe webApp. The privacy and data protection regulation is available at https://www.omacademy.pt/privacy-and-data-protection-policy  

8.9. Maximum Capacity
The maximum capacity of the space is 75 people, with 40 in the gym rooms and offices, and 35 in the changing rooms or common areas. The effective capacity in the changing rooms and common areas may occasionally exceed this limit during the periods when one class ends and another begins, while people from the previous class leave and those from the next class enter. The maximum capacity for each class is defined in the class scheduling app, depending on the space and specific needs of each practice.

8.10. Emergency and Evacuation
In case of fire or evacuation of the premises, there are two emergency exits.
The meeting point in case of evacuation is in front of Casa das Artes (Boavista) or Campo de Futebol do Pasteleira (Foz) or Parking lot of Pingo Doce (Matosinhos).

8.11. Lost and found
Any goods found by an OM Academy staff member or handed over at reception will be held for a period of 14 days. In the event that the goods are not claimed by the end of this period, OM Academy reserves the right to dispose of these goods as it sees fit, without the owner of the same being able to claim any compensation.

8.12. Clarifications and Complaints Book
For any clarifications or complaints, please contact the management of OM Academy through the email geral@omacademy.pt.
OM Academy provides a complaints and suggestions book online at https://www.livroreclamacoes.pt/

8.13. Duration
This regulation is available on the OM Academy webApp and posted on the premises, taking effect on the day following its posting and publication.
OM Academy may change these Regulations at any time and without prior notice.

 

9.1. The Client should return the products within 14 (fourteen) days of the date on which the order is delivered. 

9.2. These products must be returned in their entirety, packaged exactly as delivered, complete with all accessories, cards and labels. They must not have been used, worn, washed, soiled or damaged.

9.3. In the event the Client exercises his right of withdrawal, OM Academy & Mind Spa will strive to effect an refund as quickly as possible, however this timeframe will depend on the technical assessments to be conducted of the material, with a maximum period of 15 days (counting from the date on which the goods arrive at our premises).

Once the technical assessment has been conducted, the client will be refunded by bank transfer or via the same method used to pay for the order.

9.4. If the right of withdrawal is exercised without complying with the procedures specified in this item 7, the Client will not be entitled to a refund. The Client may, within 10 days of the notification of non-acceptance of the returned goods and the respective reasons for such a decision, by replying to the same e-mail, choose to repurchase the returned products, bearing the delivery costs. Otherwise, the Seller may legally withhold the returned products, in addition to the amount already paid for the purchase.

 

In the case of products, cancellations can be made before they are shipped. After shipment, the Customer may proceed with the return under the terms of the "Returns" section. Group classes can be canceled up to 2 hours before the start of the class. In the case of personalized services such as massages, therapies or private events (birthday parties, bachelor parties, team building events or others) up to 4 people can be canceled up to 24 hours in advance. Private events with 5 or more people can be canceled up to 72 hours in advance.

 

All products sold are guaranteed pursuant to the law.  

OM Academy & Mind Spa undertakes to repair goods, whatever the problem related to the manufacture of the product. In order to enforce the guarantee the client needs to submit a copy of the invoice. If a product cannot be repaired or replaced, the client will be entitled to cancel the purchase and sale agreement and to a refund of the price paid, however, always subject to the product purchased being returned.

 

Guarantees for products sold by OM Academy & Mind Spa do not cover:

- the abnormal or improper use of the products;

- damage caused by external factors.

 

The courts of the district in which the Client is domiciled are hereby elected to settle any dispute arising from the interpretation or execution of these General Conditions of Online Sale. However, in the case of proceedings filed by the Client, he may choose between the courts of the district in which he/she is domiciled and the courts of the district in which OM Academy & Mind Spa is domiciled.

OM Academy & Mind Spa will not be held liable for any delays arising from events of force majeure, such as disruptions, strikes, both total and partial, non-compliance of the postal services and transport or communications companies, floods, fires or states of war.

OM Academy & Mind Spa  will not be held liable for any indirect damages that may occur, more specifically, loss of income, lost opportunities, and for loss or the payment of fees that may arise from the purchase of any product on the website.