Legal information

01Legal notice

Website owner

In compliance with Andorran Law 20/2014 of 16 October on electronic communications, electronic contracting and operators carrying out economic activity in a digital space, and with Directive 2000/31/EC on electronic commerce, we provide the owner's details:

Owner

Kilian Folguera

NRT (tax ID)

F-222717-N

Address

C/ Roureda Tapada n4 2-2, Santa Coloma AD500, Andorra

Phone

+376 666549

Email

folguerakilian@gmail.com

Trade register no.

937839D

Activity

Strength and conditioning and personal training, in person and online

Terms of use

Access to this website is free and implies acceptance of this legal notice. You agree to use it lawfully and not to use its content for purposes that are unlawful or that harm the owner or third parties.

Intellectual property

The texts, photographs, logo, design, graphics and the form-fatigue algorithm are the property of Kilian Folguera or are used with the permission of their owners. They may not be reproduced, distributed or modified without written permission. TrainingPeaks and WKO5 are trademarks of their respective owners and are mentioned only to describe the tools used. The typefaces are free-licensed (SIL Open Font License).

Testimonials

The testimonials come from real clients who have used Kilian Folguera's services. They are published with their consent, as they wrote them (in this version, translated from the original), and are not edited or selected to hide negative opinions.

Liability

The information on this website is for guidance only and does not replace an individual assessment or a medical diagnosis. The examples (such as the form and fatigue chart or the algorithm's example days) are illustrative. The owner is not responsible for any use of the information without a personalised plan, nor for the content of linked external websites (Instagram, WhatsApp).

Governing law

This legal notice is governed by Andorran law. If you are a consumer living in the European Union, you keep the protection granted by the mandatory rules of your country of residence and may bring proceedings before the courts where you live.

02Privacy policy

We process your data in accordance with Andorran Law 29/2021 of 28 October on the protection of personal data (LQPD) and, when we offer our services to people in the European Union, with the General Data Protection Regulation (EU) 2016/679 (GDPR).

Data controller

Kilian Folguera · NRT F-222717-N · C/ Roureda Tapada n4 2-2, Santa Coloma AD500, Andorra · folguerakilian@gmail.com · +376 666549

[EU representative (Art. 27 GDPR): to be confirmed whether one must be appointed]

What data we process, why and on what basis

The form fields marked as mandatory (name and email) are needed to reply to you. Monitoring data is needed to personalise your plan: without it, we cannot offer you the online service.

We do not make decisions based solely on automated processing that produce legal effects concerning you or similarly significantly affect you. The form-fatigue algorithm gives an indicative recommendation that Kilian always reviews.

How long we keep it

• Contact requests that do not lead to a contract: up to 12 months.
• Client data: for the duration of the service and, afterwards, for the periods required by tax and accounting law.
• Monitoring and health data: for the duration of the service. When it ends, we delete or anonymise it within 12 months at most, unless you ask us to keep it in case you come back.
• Communications: until you unsubscribe. Every email includes an easy way to do so.

Who we share it with

We do not sell or transfer your data. Only the providers we need to deliver the service have access to it, as processors under contract:

• Google (email and the spreadsheet where the form-fatigue algorithm logs are stored).
• TrainingPeaks / WKO5 (Peaksware LLC), for training planning and analysis.
• WhatsApp (Meta), if you choose to communicate this way.
• [Website and form hosting provider, once chosen]

Andorra has an adequacy decision from the European Commission, so data can flow between the European Union and Andorra with the same level of protection. When a provider processes data in a third country (for example, the United States), it does so with appropriate safeguards: the EU-US Data Privacy Framework if the provider is certified or, otherwise, standard contractual clauses approved by the European Commission.

How we protect it

We apply appropriate technical and organisational measures: password-restricted access, with access to health data limited to Kilian.

Your rights

You can exercise your rights of access, rectification, erasure, objection, restriction of processing and portability, and withdraw your consent at any time without affecting prior processing. Write to folguerakilian@gmail.com stating which right you wish to exercise. If we have doubts about your identity, we may ask you to verify it. We will reply within one month at most.

If you believe we have not handled your data properly, you can lodge a complaint with the Andorran Data Protection Agency (APDA) or, if you live in the European Union, with the supervisory authority of your country (for example, the AEPD in Spain or the CNIL in France).

Minors

If you are under 16, we need the consent of your parent or legal guardian to process your data and provide the service.

Changes

If we change this policy, we will publish the new version on this page with its update date and, if the change is significant, we will let you know.

03Cookie policy

This website does not use cookies or any similar technology (local storage, pixels or identifiers), nor any analytics or advertising tools. That's why we don't show you a cookie banner.

• No third-party resources: fonts and images are hosted on the website itself. When it loads, your browser does not connect to any external service.
• External links: if you click the Instagram or WhatsApp links, you leave this website and the privacy and cookie policies of those services apply.

If in the future we add non-essential cookies or analytics, we will update this policy and ask for your consent before setting them, with the option to reject them as easily as to accept them.

04Terms and conditions

These terms govern the purchase of Kilian Folguera's services (NRT F-222717-N, C/ Roureda Tapada n4 2-2, Santa Coloma AD500, Andorra, folguerakilian@gmail.com, +376 666549). Before you buy, they are available on this page and we send them to you in writing with the proposal.

Services and prices

Prices are final, in euros and include all taxes (IGI included). There are no additional costs. The initial assessment call (30 min) is free and without obligation.

How to buy

After the assessment call, we confirm in writing (email or WhatsApp) the service, total price, duration, start date and these terms. The contract is concluded when you accept the proposal in writing and make the payment. We confirm your purchase on a durable medium (email).

Payment

• Single session, pack and in-person programme: payment in advance.
• Online coaching: monthly payment in advance, at the start of each month of service.
• Payment methods: bank transfer or card.

Rescheduling and cancelling sessions

You can reschedule or cancel an in-person session by giving at least 24 hours notice. If you don't give this notice, or don't show up, the session counts as completed. If Kilian has to cancel a session, it will be rescheduled at no cost.

Duration and cancellation of the online plan

The online plan has a minimum term of 3 months. After that, it renews monthly and you can cancel at any time, by email or WhatsApp, before the next month starts. Cancellation takes effect at the end of the current month.

Right of withdrawal

If you are a consumer and buy at a distance (by email, WhatsApp or online), you have the right to withdraw from the contract within 14 calendar days of the purchase date, without giving any reason.

• How to do it: tell us your decision by email at folguerakilian@gmail.com with a clear statement. You can use the withdrawal form, but it is not mandatory. It's enough to send your notice before the period ends.
• Refund: we will refund all payments received within 14 days of receiving your notice, using the same payment method you used, at no cost to you.
• If you want to start earlier: if you expressly ask for the service to start during the 14 days, you will pay the proportional part of the service provided until you withdraw. If the service has been fully provided within this period at your request, and you have confirmed that you understand you lose your right of withdrawal, you can no longer exercise it.

Pauses and refunds

Outside the withdrawal period, sessions and monthly fees already used are not refunded. In case of injury or illness supported by a medical report, you can pause the service and resume it later without losing your remaining sessions.

Health and liability

• You must report any injury, illness, medication or limitation you have, and any change during the service.
• We recommend a medical check-up before you start, especially if you're preparing for a race or haven't trained for a while.
• The service is strength and conditioning coaching and does not replace medical diagnosis or treatment.
• Kilian is liable for damage caused by negligence in providing the service. He is not liable for the consequences of withholding relevant information about your health or of not following the agreed guidelines. This clause does not limit your statutory rights as a consumer.

Use of the plans

Plans, reports and recommendations are personal and for your exclusive use. You may not share, resell or publish them.

Complaints

If you are not satisfied with the service, write to folguerakilian@gmail.com. We will reply within 30 days at most. You can also contact the consumer services of the Government of Andorra or, if you live in the European Union, the consumer body in your country.

Governing law and jurisdiction

These terms are governed by Andorran law, including Law 13/2013 of 13 June on effective competition and consumer protection. If you are a consumer living in the European Union, you are also protected by the mandatory rules of your country of residence and may bring proceedings before the courts where you live. In all other cases, the Batlles and Courts of the Principality of Andorra have jurisdiction.

05Withdrawal form

Only fill in and send this form if you wish to withdraw from the contract. Copy the text into an email to folguerakilian@gmail.com: