Courtesy translation. In the event of any discrepancy, the Spanish version prevails.
1. Introduction and identification of the owner
This document sets out the General Terms and Conditions of Service (hereinafter, "Terms") governing the operation and provision of the services offered at Arcadea Wellness centres. These centres are managed and operated by:
- Company name: EVOLIA DESARROLLOS COMERCIALES, S.L.U.
- Tax ID (CIF): B55386221
- Registered office: Paseo de la Castellana 257, Torre Sur, Planta 1, 28046 Madrid, Spain
- Place of business: Calle Uribitarte, 5, 48001 Bilbao, Bizkaia
- Contact email: ayuda@arcadea.es
- Telephone: 944 34 80 65
- Commercial Registry: Registered with the Commercial Registry of Madrid
These Terms apply to all of the Company's present and future centres, as well as to the services provided through its website.
2. Purpose and scope of application
The purpose of this document is to govern the contractual relationship between EVOLIA DESARROLLOS COMERCIALES, S.L.U. (hereinafter, "Arcadea" or "the Company") and the users (hereinafter, "User" or "Users") who access and use the services, treatments and other offerings provided at Arcadea Wellness centres, whether in person or by electronic means.
A User is understood to be any natural person of legal age, or any minor accompanied by a responsible adult, who purchases or makes use of these services. The purchase of any service confers the status of User and implies full acceptance of these Terms.
3. Prices and financial terms
- All prices indicated for services and treatments include Value Added Tax (VAT), unless expressly stated otherwise.
- The applicable prices are those published on the website arcadea.es and at the centre at the time the service is purchased.
- Arcadea reserves the right to change its prices at any time. Changes will not affect services already purchased or vouchers already acquired.
- In the case of promotions or special offers, these shall be governed by their own specific conditions, which shall prevail over these Terms in the event of conflict.
4. Payment methods and online payments
4.1. Accepted payment methods
Arcadea accepts the following payment methods for the purchase of its services:
- Credit and debit cards (Visa, Mastercard, American Express)
- Cash (only for in-person payments at the centre)
- Online payment via a secure payment gateway
- Previously purchased gift vouchers
- Discounts redeemed through the Horizon Club loyalty programme
4.2. Online payments and security
- Payments made through the website are processed via the secure Redsys payment gateway, in compliance with the PCI DSS standard (Payment Card Industry Data Security Standard) and with 3D Secure strong authentication.
- Arcadea does not store, process or have access to Users' full payment card details. This information is handled entirely by the bank and the payment gateway.
- If a transaction is declined by the card issuer, Arcadea shall not be responsible for the reasons for the refusal. The User must contact their bank.
4.3. Invoicing
The User may request an invoice by contacting Arcadea at ayuda@arcadea.es and providing their full tax details. Invoices will be issued in accordance with the tax legislation in force.
5. Bookings, cancellations and no-shows
5.1. Booking appointments
- Appointments can be booked through the website arcadea.es, by telephone (944 34 80 65) or in person at the centre.
- Booking an appointment constitutes a commitment on the part of the User. For certain services, Arcadea may require payment in advance as a condition for confirming the booking.
- Booking confirmation will be sent by electronic means (email). It is the User's responsibility to check that the booking details are correct.
5.2. Cancellation policy
- Cancellation with more than 48 hours' notice: the User may cancel their appointment at no cost. If a payment in advance has been made, the full amount will be refunded.
- Cancellation with less than 48 hours' notice: no refund of any payment made in advance will be given. In the case of bookings without payment in advance, Arcadea reserves the right to request payment for the service not used.
- Cancellations can be made through My account at clientes.arcadea.es, by telephone or by email.
5.3. Failure to attend (no-show)
If the User fails to attend the booked appointment without prior notice, the same conditions will apply as for a cancellation with less than 48 hours' notice. Arcadea reserves the right to require payment in advance for future bookings by Users who repeatedly fail to attend.
5.4. Punctuality and late arrivals
Users are advised to arrive at least 5 minutes early. In the event of a late arrival, Arcadea will try to accommodate the User, but the session time may be reduced so as not to affect subsequent customers. No partial refunds will be given for delays attributable to the User.
6. Use of services, recommendations and rules of conduct
6.1. Access and accompaniment
Minors may receive treatments provided that they are accompanied by a responsible adult who authorises the provision of the service.
6.2. Health conditions and medical recommendations
- Pregnant women should bear in mind that essential oils are used in most of our treatments. Some massages or treatments are not recommended during the first three months of pregnancy; it is advisable to consult a healthcare professional before using these services. The "Ama" treatment has been specifically designed for pregnant women.
- Users suffering from allergies, skin conditions, cardiovascular problems, recent injuries or any other relevant medical condition are advised to consult a doctor before undergoing any treatment.
- It is essential to inform Arcadea staff of any injury, medical condition, recent surgery or medication that could contraindicate the application of certain procedures.
- It is not advisable to undergo any treatment or massage immediately after a heavy meal or after consuming alcohol.
- Arcadea accepts no liability for the consequences arising from the User's concealment of relevant medical information.
6.3. Rules of conduct and right of admission
- Users must behave respectfully towards staff and other customers at all times.
- The use of mobile devices with sound is not permitted in the treatment areas.
- Arcadea reserves the right of admission to its centres. Access or the provision of services may be refused to any person whose behaviour may be detrimental to the normal course of the business, or to the safety or well-being of users and staff.
- Any inappropriate or offensive behaviour, or behaviour of a sexual nature, towards the centre's staff will result in immediate expulsion and may give rise to the appropriate legal action.
- Refusal of admission, expulsion from the centre or a ban on future access for breach of these Terms shall have, with regard to the User's vouchers and other prepaid services, the effects set out in clause 7.7.
6.4. Personal belongings
Arcadea accepts no liability for the loss, damage or theft of personal belongings on the centre's premises. Users are advised not to bring valuables with them.
7. Gift vouchers: redemption, validity and transferability
7.1. Purchase of vouchers
- Gift vouchers can be purchased through the website arcadea.es or in person at the centre.
- Each voucher includes a unique code which the beneficiary must present when booking or when attending the appointment.
- The purchase of a voucher constitutes a contract for the provision of services subject to these Terms.
7.2. Validity and expiry
- Vouchers are valid for 12 months from the date of purchase, unless a different period is expressly indicated at the time of purchase.
- Once the validity period has elapsed, the voucher will be cancelled with no right to a refund or extension.
- The validity period is not suspended or interrupted for any reason, except as provided for in the legislation in force.
7.3. Redemption of vouchers
- Vouchers may be redeemed for treatments of equal or higher value. If the User chooses a treatment whose value exceeds that of the voucher, the User must pay the corresponding price difference.
- No returns, partial refunds or exchanges of vouchers will be accepted where the selected treatment costs less than the value of the voucher.
- Vouchers may not be redeemed for consecutive services which, taken together, exceed the duration or amount originally purchased.
7.4. Transferability and responsibility
- Vouchers are transferable. The purchaser may transfer the voucher to a third party, who will become its beneficiary.
- Responsibility for the use and safekeeping of the voucher lies with its holder or beneficiary. Arcadea accepts no liability for the misuse, loss or theft of the voucher or its code.
- Arcadea will not issue duplicates of lost or misplaced vouchers.
- The transferability of vouchers may not be used to circumvent a refusal of admission. Arcadea may refuse to provide the service to the transferee where the voucher has been cancelled in accordance with clause 7.7, or where there are reasonable grounds to believe that the purpose of the transfer is to enable a User who has been refused admission to access the service or to evade the effects of that clause.
7.5. Territorial scope of validity
- Issued vouchers remain fully valid regardless of the centre at which they were purchased or issued.
- In the event of the permanent or temporary closure or relocation of any of Arcadea's centres, the customer may redeem outstanding vouchers at any of the Company's other active centres, and such circumstances shall not give rise to any right to a refund, financial compensation or early termination of the contract, except where required by mandatory law.
- In the event that all of Arcadea's centres cease trading and it becomes impossible to provide the service covered by the voucher, the customer shall be entitled to a proportional refund of the amount paid and not used.
7.6. Voucher refunds
Vouchers are non-refundable once purchased, except as provided in clause 9 (Right of withdrawal) of these Terms or where the impossibility of providing the service is attributable to Arcadea. Impossibility of provision arising from fraud or serious breach by the User, under the terms set out in clause 7.7, shall not be deemed attributable to Arcadea and shall therefore not give rise to any right to a refund.
7.7. Fraud, serious breach and refusal of admission: effects on vouchers
- Fraud: vouchers acquired, paid for or used fraudulently —including, by way of example, payment by fraudulent or unauthorised means, unjustified chargebacks, manipulation or forgery of codes and identity theft— will be cancelled immediately and with no right to a refund, without prejudice to any legal action available to Arcadea.
- Serious breach and refusal of admission: where Arcadea refuses access, expels the User or bans the User from future access to its centres for serious breach of these Terms (in particular, in the cases set out in clause 6.3: inappropriate or offensive behaviour, or behaviour of a sexual nature, towards staff, or conduct detrimental to the safety, well-being or normal course of the business), the contract shall be terminated for reasons attributable exclusively to the User. In such a case, any vouchers and other prepaid services not yet used will be cancelled with no right to a refund.
- Penalty clause: the retention of the amounts corresponding to vouchers and services cancelled under this clause operates as an expressly agreed penalty clause (Articles 1152 et seq. of the Spanish Civil Code), as compensation for the damage and loss arising from the User's breach, without prejudice to Arcadea's right to claim any additional damages exceeding the amount retained.
- Notification and safeguards: the decision and its effects will be communicated to the User in writing (email), stating the facts on which it is based. The User may submit any representations or complaints they consider appropriate in accordance with clause 16.
8. Horizon Club loyalty programme
8.1. Description of the programme
Horizon Club is Arcadea's free and voluntary loyalty programme, which allows Users to earn points for their purchases and visits, redeem them for discounts and access exclusive benefits according to their level of participation.
8.2. Registration and requirements
- Registration is free of charge and is carried out through My account at clientes.arcadea.es.
- To register, the User must provide their personal details (full name, DNI/NIE identity number, email, telephone number and date of birth).
- Each natural person may hold only one Horizon Club card.
- The cardholder may authorise up to two additional people as authorised users of their card.
8.3. Points accrual
- Points accrue automatically according to the amount spent at Arcadea centres.
- The accrual rate depends on the User's tier and may be modified by Arcadea with reasonable prior notice.
- Points have no intrinsic monetary value, are not transferable between cards and cannot be exchanged for cash.
8.4. Tiers and progression
- The programme has several membership tiers, determined by the number of accumulated visits.
- Progression between tiers is automatic and upward only. There is no provision for moving down a tier.
- The benefits associated with each tier are available at arcadea.es/horizon and may be updated by Arcadea.
8.5. Redemption of points
- Accumulated points may be redeemed for discounts applicable to Arcadea services, according to the options available at any given time in My account.
- The redemption of points is voluntary and irreversible once confirmed.
- Arcadea reserves the right to modify the rewards catalogue, the redemption thresholds and the redemption conditions with reasonable prior notice.
8.6. Leaving the programme and cancellation
- The User may leave the programme at any time by contacting Arcadea. Leaving the programme will result in the loss of any accumulated points that have not been redeemed.
- Arcadea reserves the right to remove a User from the programme in the event of fraudulent or abusive use, or use contrary to these Terms, after notifying the User concerned.
- Arcadea reserves the right to suspend or terminate the Horizon Club programme at any time, honouring the points and benefits already earned during a reasonable transition period that will be communicated to members.
9. Right of withdrawal
- In accordance with Spanish Royal Legislative Decree 1/2007, a User who has purchased a service or acquired a voucher through the website (distance contract) has a period of 14 calendar days from the date of purchase in which to exercise their right of withdrawal, without needing to give any reason and without any penalty.
- The right of withdrawal shall not apply once the service has been fully performed, provided that performance began with the User's prior express consent.
- To exercise the right of withdrawal, the User must notify Arcadea unequivocally by email to ayuda@arcadea.es, stating their name, the purchase details and their wish to withdraw.
- Where withdrawal is valid, Arcadea will refund the User the full amount paid within a maximum of 14 calendar days from receipt of the notification, using the same payment method as in the original transaction.
10. Limitation of liability
- Arcadea undertakes to provide its services with the utmost professional diligence. However, it accepts no liability for the subjective results of the treatments, as these depend on the physiological characteristics and health conditions of each User.
- Arcadea shall not be liable for any damage or loss arising from the concealment of relevant medical information, from failure to follow prior medical recommendations or from failure to follow the instructions of the centre's staff.
- Arcadea's liability for any claim relating to the provision of its services shall in all cases be limited to the amount actually paid by the User for the service that is the subject of the claim.
- Arcadea accepts no liability for interruptions, errors or technical failures of the website or the payment gateway that are beyond its control.
11. Force majeure
Arcadea shall not be liable for any failure to perform its obligations where this is due to force majeure, such as natural disasters, pandemics, government restrictions, strikes, power or telecommunications outages, or any other unforeseeable and unavoidable circumstance beyond its control. In such cases, Arcadea will inform the User as soon as possible and undertakes to reschedule the affected services or, where applicable, to refund the corresponding amounts.
12. Use of the website
- Access to and use of the website arcadea.es is subject to these Terms, as well as to the legislation in force and the principles of good faith.
- The User undertakes to make appropriate use of the website and to refrain from any action that may damage, disable or overload Arcadea's systems, or that may prevent the normal use of the site by other users.
- Arcadea reserves the right to restrict, suspend or interrupt access to the website in order to carry out maintenance, updates or improvements, without this giving rise to any right to compensation.
- The My account area (clientes.arcadea.es) is for personal use only and is non-transferable. The User is responsible for safeguarding their login credentials and for any activity carried out using them.
13. Intellectual and industrial property
- All content on the website arcadea.es, including text, images, photographs, graphic design, logos, icons, software and any other material, is protected by intellectual and industrial property laws and is the property of EVOLIA DESARROLLOS COMERCIALES, S.L.U. or its legitimate owners.
- The trade marks "Arcadea", "Arcadea Wellness" and "Horizon Club" and their associated logos are registered trade marks or trade marks in the process of registration. Their reproduction, distribution, public communication or transformation without express written authorisation is prohibited.
- The User may view and print the contents of the website solely for personal and private use; any commercial use or distribution without prior authorisation is prohibited.
14. Personal data protection
EVOLIA DESARROLLOS COMERCIALES, S.L.U. undertakes to comply with the legislation in force on the protection of personal data, in particular Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD).
- Data controller: EVOLIA DESARROLLOS COMERCIALES, S.L.U.
- Purposes: management of the contractual relationship, provision of services, management of bookings and appointments, issuance and control of vouchers, administration of the loyalty programme, sending of commercial communications (with prior consent), compliance with legal and tax obligations.
- Legal basis: performance of the contract, consent of the data subject, legitimate interest of the controller and compliance with legal obligations, as applicable.
- Recipients: data may be disclosed to technology service providers (payment gateway, hosting, email) acting as data processors with the appropriate contractual safeguards. No international transfers of data are made outside the European Economic Area, except those necessary for the provision of the contracted technology services (in which case the appropriate safeguards under the GDPR will apply).
- Retention: data will be retained for the duration of the contractual relationship and, thereafter, for the statutory periods required for compliance with tax and legal obligations.
- Rights: the User may exercise their rights of access, rectification, erasure, objection, restriction of processing and portability by writing to ayuda@arcadea.es, enclosing a copy of their identity document. The User also has the right to lodge a complaint with the Spanish Data Protection Agency (AEPD, aepd.es).
For further information, please see our Privacy Policy.
15. Commercial communications
- Arcadea may send electronic commercial communications (email, SMS) to Users who have given their express consent to receive them.
- The User may withdraw their consent at any time, free of charge, via the unsubscribe link included in each communication or by contacting ayuda@arcadea.es.
- Transactional communications (booking confirmations, cancellations, voucher issuance, information relating to scheduled appointments) are not considered commercial communications and will be sent whenever they are necessary for the proper provision of the service.
16. Complaints
- Any complaint must be addressed to Arcadea via ayuda@arcadea.es or in person at the centre. Arcadea undertakes to acknowledge receipt of the complaint within a maximum of 48 hours and to provide a reasoned response within a maximum of 30 calendar days.
- Official complaint forms are available to Users at the centre, in accordance with the regional legislation of the Basque Country on the protection of consumers and users.
- Without prejudice to the above, the User may use the European online dispute resolution platform (ec.europa.eu/consumers/odr) or contact the competent consumer authorities.
17. Modification of the terms
Arcadea reserves the right to modify these Terms at any time. Any modifications will be published on the website arcadea.es and, where significant, will be communicated to registered Users by electronic means. Continued use of the services after the publication of the modifications shall constitute acceptance of the new Terms.
18. Applicable law and jurisdiction
These Terms shall be governed by and interpreted in accordance with Spanish law. For the resolution of any dispute arising from the interpretation or performance of these Terms, the parties submit to the Courts and Tribunals of the consumer's place of residence, in accordance with the legislation in force. Where the User does not have the status of a consumer, the parties expressly submit to the Courts and Tribunals of Bilbao.
19. Acceptance of the terms
Use of the services offered at Arcadea Wellness centres, as well as the purchase of any service or product through the website, implies the User's full and unreserved acceptance of these Terms. Arcadea recommends that the User read this document carefully before purchasing any service.
20. Final provisions
- Should any of the clauses set out in these Terms be declared null and void or ineffective by a judicial or administrative decision, this shall not affect the validity and applicability of the remaining clauses, which shall remain in full force and effect.
- Any waiver by Arcadea of the exercise of any right recognised in these Terms shall not constitute a general waiver or create any vested right for the User.
- Any matter not provided for in this document shall be resolved in accordance with the legislation in force and the general principles of law.