GENERAL TERMS AND CONDITIONS

provision of services and sale of goods

77 NEXT LEVEL FITNESS

  • INTRODUCTORY PROVISIONS
    • The subject of these general terms and conditions (hereinafter referred to as "the Terms"),Terms and Conditions„") is the regulation of mutual rights and obligations between the company:

CITYFITNESS sro.

with registered office at Bajkalská 55B, 821 05 Bratislava

Company ID: 54 992443, VAT ID: 2121861148, VAT ID: SK2121861148

registered in the Commercial Register of the Municipal Court Bratislava III, section: Ltd., file no.: 165113/B

email: info@77fitness.sk

(hereinafter referred to as ",,Operator„")

which operates individual fitness centers under the common brand name "77 NEXT LEVEL FITNESS" and a client who is a domestic or foreign natural person who is not an entrepreneur within the meaning of the relevant generally binding legal regulations and does not act within the scope of a profession, business or business activity, namely when providing services or selling goods to the Operator (hereinafter referred to as "„Client“" or "„Consumer“"). The GTC are published in each establishment in an accessible and visible place, as well as on the Operator's Website: https://www.77fitness.sk/ (hereinafter referred to as "„Website“") and in the mobile application called "77 NEXT LEVEL FITNESS" (hereinafter referred to as "„Application“).

  • The Operator provides services and sells goods to Clients in its operations, which are individual fitness centers (sports facilities) under the common brand name "77 NEXT LEVEL FITNESS" (hereinafter referred to as "„Fitness center“"or "„Operation“" also as the designation of each individual operation) and the Client can also purchase individual services and goods through online interfaces, which are mainly the Website and the Application.
  • The services provided by the Operator in the Fitness Center include in particular: enabling entry and access to the Fitness Center premises, use of reception and entrance services, safe storage of valuables at the reception, provision of access to changing rooms and social facilities, including storage spaces for personal belongings with the option of locking, enabling the use of all exercise tools and equipment located in the Fitness Center premises, sauna, refreshments, accompanying program, group exercises, mediation and booking of personal trainer services (hereinafter referred to as "„Services“"). For the purposes of these GTC, the use of the Services within the framework of the selected membership program pursuant to Article 4 of the GTC is also considered to be Services.
  • For the purposes of these GTC, goods are understood to mean goods offered by the Seller in the e-shop and/or in the Fitness Centre, whereby the goods are mainly clothing and exercise equipment manufactured under the brand name "77 NEXT LEVEL FITNESS" (hereinafter referred to as "„Goods„").
  • As part of its activities, the Operator may provide the Client with personal trainer services, which consist of consulting, instruction or other activities directly related to the Client's activities in the Fitness Center (hereinafter referred to as "„Coach“"). The Operator is in no way responsible for the activities and services provided by the Trainer. The legal relationship between the Client and the Trainer is governed by a separate contract concluded between the Client and the Trainer.
  • Each Fitness Center may provide various Services, the specification and scope of which, including prices for individual Services provided, Goods sold, surcharges, or duration of the Service and other conditions for using selected Services, and the options for purchasing them, are defined in the Operator's price list (hereinafter referred to as the "Services").„Price list“"). The Price List is available online on the Website, in the Application, as well as in a visible place in each Fitness Center. The Operator reserves the right to unilaterally change the information provided in the Price List.
  • The Operator provides Services and sells Goods to the Client on the basis of a contract (hereinafter referred to as the "Contract").„Contract“"), which is concluded in the form of an offer by the Operator and a subsequent order from the Client, i.e. the Client expresses a binding interest in concluding the Contract and the provision of selected Services and the sale of Goods by the Operator. The Client can place the order in person at the Fitness Center reception or via the Website or Application. In the case of an online order, the Contract is considered concluded upon acceptance of the order by the Operator, of which the Client is informed by an e-mail notification that the Operator sends to the Client without undue delay after receiving the order. The Client, who is a consumer, by sending an online order for Services or Goods to the Operator also confirms that the Operator has timely and properly fulfilled its information obligations pursuant to the provisions of Section 5 and Section 15 of Act No. 108/2024 Coll. on consumer protection and on amendments and supplements to certain acts (hereinafter referred to as "„ZoOS“).
  • By registering the Client and creating a user account pursuant to Article 2 of these GTC, or by another demonstrable way of expressing consent to these GTC (but always at the latest by starting to use the Operator's Services or purchasing Goods from the Operator), the Client confirms that he has familiarized himself with the text of the GTC, the terms of personal data protection, the Operating Rules, the Operator's Complaints Rules, security and other regulations, or other documents of the Operator that are published on the Website.

 

  • FITNESS CENTER ENTRY CONDITIONS
    • Each Client is obliged to register in the Application or on the Website before entering the Fitness Center for the first time in order to create a user account. The condition of registration is the truthful and complete filling in of their personal data to the required extent. The Client can register themselves directly in the Application or on the Website or can provide their data to an employee at the Fitness Center reception who, after presenting a personal identification document, will fill in the Client's data in the registration form instead of the Client. Each Client is obliged to allow the reception employee to take a photo of their face upon first entering the Fitness Center, which will subsequently be assigned to their user account. If the Client refuses to provide the data necessary for the purpose of registration or refuses to submit the requested documents, they will not be allowed to enter the Fitness Center and/or will not be allowed to use the Service.
    • After successful registration in the Application, a user account (hereinafter referred to as the "User Account") will be created for the Client.„User account“"), in which he will be given access to a unique QR code that serves as an identification means for entering the Fitness Center or individual Services (hereinafter referred to as "„QR code“"). The Client is obliged to identify himself with a QR code at each entrance to the Fitness Center, when passing through the designated turnstile or, in the event of its malfunction, at the Fitness Center reception. In this way, the Client identifies himself in all Fitness Centers in the 77 NEXT LEVEL FITNESS network.
    • In the event that the Client decides to use the Fitness Center Services with continuous operation (i.e. nonstop 24/7) and will enter the Fitness Center premises at a time when there is no staff present at the Fitness Center reception, the so-called "night entry", he is obliged to request permission to enter the fitness center by a separate written request (hereinafter referred to as "„Request for night entry“"). The Application form for night entry is available at the reception of the concerned Fitness Center. The Client is obliged to provide the requested personal data in the application and state the reason for which he is interested in using night entry to the Fitness Center. When submitting the Application for night entry, the Client is obliged to present an identification document (ID card or passport) at the Fitness Center reception in order to verify the Client's identity and match the data in the User Account. The Client is also obliged to have his photograph taken by the Fitness Center reception staff. The Client is not entitled to approval of the Application for night entry and each application will be assessed individually by the Operator. The approval of the Application for night entry will be notified to the Client by e-mail. After approval of the Application for night entry, the Client is entitled to enter the Fitness Center even during night operation after submitting his QR code.
    • The QR code is non-transferable and is used exclusively for a specific Client. The Client is obliged to protect the QR code from loss, copying or misuse and not to make the QR code available to any third party. In the event of a breach of this obligation by the Client, the Operator has the right to deny the Client entry to the Fitness Center and the provision of selected Services of the Operator. The Operator is entitled to deny the provision of the Service to a person who has used a QR code that does not belong to them. The Client is obliged to immediately report any possible misuse of the QR Code to the Operator, who will invalidate the QR code and issue the Client a new QR code.
    • The Operator keeps electronic records of the Client's entries into the Fitness Center and the validity of the selected membership program in the Client's User Account, mainly for the purpose of checking the validity of the membership program, maintaining attendance statistics, and protecting the property and safety of Fitness Center visitors.
    • In the event of a duplicate User Account being created by the Client, the Operator is entitled to merge the Client's User Account into one Client's User Account. At the Client's request, the Operator is obliged to cancel the User Account within 10 days of receiving the Client's request. The Operator is entitled to cancel the User Account, in particular if the Client materially breaches his obligations under these GTC. The User Account is automatically cancelled if the Client does not use it for a period longer than 12 months.
    • Upon request by a Fitness Center reception employee, the Client is obliged to present a valid identification document (ID card or passport) in order to verify and identify the Client with the data entered in the User Account. If the data does not match or is incorrect, the Operator is entitled to rewrite the data in the Client's User Account so that the data matches the data in the Client's valid identification document or the Operator is entitled to refuse the Client entry to the Fitness Center and provide him with the Services. If the Client refuses to present a valid identification document for the purpose of inspection, the Operator is entitled to refuse the Client entry to the Fitness Center and provide him with the Services.
    • After creating a User Account, the Client is entitled to enter the selected Fitness Center and use the Services, after paying the price of the Service according to the valid Price List.
    • Client – a person under the age of 15, is allowed to enter the Fitness Center only when accompanied and supervised by their legal representative or Trainer. In the event that it is subsequently proven that the person accompanying a person under the age of 15 did not have an authorization from the legal representative within the meaning of the previous sentence, the person is responsible for such an accompanied person in relation to the Operator to the full extent. Youth clients (from 15 to 18 years of age) are allowed to enter and exercise in the Fitness Center only after submitting the consent of the legal representative of the minor. The Declaration form of the responsible representative of the minor is part of the Operating Rules as Appendix No. 1.
    • By entering the facility, the Client, or the Client's legal representative or another person responsible for the Client, confirms that he or she is sufficiently aware of his or her health condition, and that this health condition does not in any way, even partially, prevent the use of the Operator's Services. In the event of any doubts regarding circumstances preventing the use of the Services, the Client, the Client's legal representative or another person responsible for the Client is obliged to notify such fact to an employee of the Fitness Center.
    • The registration of a Client under the age of 16 is required to be carried out by their legal representative at the Fitness Center reception. A person under the age of 16 is not authorized to register via the Application.
    • After entering the Fitness Center, the Client undertakes to comply with the Operating Rules published on the Operator's Website and in the Fitness Center.

 

  • PAYMENT TERMS
    • The Client is obliged to pay the Operator the price of the Service or Goods according to the current Price List, directly at the Fitness Center reception in cash or by credit card. In the case of an online order, the Client is obliged to pay the price of the Service or Goods via a payment gateway via the Website or Application immediately after sending the order for the Service or Goods.
    • The prices of the offered Services and Goods include VAT. If any other costs (for transport, delivery, postage and other costs and fees) are added to the price of the Goods, the Client is informed of their amount no later than before sending the order to the Operator.
    • The Client is obliged to pay the price of the Service before starting to use the Service, no later than upon entering the Fitness Center.
    • The Client is entitled to use the Services at a discounted price according to the current Price List or for free, upon presentation of a Multisport card or Upbalansea card, based on an agreement between the Operator and a third party.
    • The Client is obliged to comply with the terms of the Service. In case of exceeding the specified time or number of possibilities of using selected Services (for example, time-limited entry to the sauna or the amount of refreshments provided), the Client is obliged to pay an additional fee in accordance with the Price List or purchase a new Service.
    • Selected Services can be booked in advance under the conditions specified in the Price List (hereinafter referred to as the "„Reservation“"). The Client is obliged to pay a reservation fee for the Reservation in the amount of the price of the Service in accordance with the Price List (hereinafter referred to as the "„Reservation fee“"). Reservation of Services can be made via the Website, Application or in another way that is enabled by the Operator at the selected Operation at the given time. Reservation of a Service that allows the possibility of Reservation according to the Price List, unless otherwise stated in the Price List, can be canceled by the Client free of charge no later than 24 hours before its planned start in advance, in writing to the Operator's e-mail or through his User Account. In the event of timely cancellation of the Reservation, the Client will be refunded the Reservation Fee in full. In the event that the Client does not arrive for the reserved Services on time or does not cancel the Reservation in advance at the specified time, the Client is obliged to pay a cancellation fee in the amount of the Reservation Fee (hereinafter referred to as "„Cancellation fee“"). The Operator is entitled to offset the claim for payment of the Cancellation Fee against the obligation to return the Reservation Fee to the Client, i.e. the Reservation Fee paid by the Client shall be forfeited without compensation. The Operator shall inform the Client in writing by e-mail about the application of the Cancellation Fee and its offset. The Client is obliged to pay the Cancellation Fee regardless of whether the Operator has provided the reserved Services to another Client, unless the Operator and the Client agree otherwise in writing.
    • All fees that the Client is obliged to pay to the Operator and that are related to the terms of use of the Client's Services with the Operator are listed in these GTC and in the Price List.
    • The Operator may provide the Client with a discount. Discounts are provided according to the Operator's current offer; there is no legal entitlement to the provision of a discount.

 

  • MEMBERSHIP PROGRAM
    • The Client may also use the Services within the framework of the selected membership program based on the Agreement concluded pursuant to point 1.7 of the GTC (hereinafter referred to as the "„Membership program“"). Each Membership Program has a defined scope of Services provided and the duration of membership, during which the Client is entitled to use the Services. The terms, duration and scope of individual Membership Programs are listed in the Price List on the Website, in the Application and in an accessible location in the Fitness Center.
    • On the day of payment of the Membership Program price, the Client is entitled to use the Services in individual or all Fitness Centers to the extent specified for individual Membership Programs, for the duration of the given Membership Program. Extension of the Membership Program is possible only by purchasing another Membership Program.
    • By purchasing the Membership Program, the Client concludes a Contract with the Operator for a fixed period of time. Neither the Client nor the Operator is entitled to terminate the Contract. The Client is entitled to withdraw from the Contract in the event of a material breach of obligations by the Operator or in the manner set out in Article 7 of these GTC. The Client is not entitled to transfer the Membership Program to another person. If the Client does not use the Services during the duration of the Membership Program for any reason, he is not entitled to any compensation, refund or other consideration from the Operator, unless the Operator decides otherwise.
    • In the event of purchasing a Membership Program with a duration of 12 months or more, the Client may request cancellation of the Contract due to serious health reasons that prevent him from further using the Services. The Operator may, at its own discretion, comply with the Client's request by terminating the Membership Program and returning to the Client an aliquot part of the price for the Membership Program for the unused period of the Contract, or suspending the Membership Program and renewing the membership after the expiration of the period agreed with the Client or upon the Client's request. The Operator and the Client shall agree on the exact terms in writing (by e-mail).
    • If it is proven that the QR code of a Client who has purchased a Membership Program is used by a person other than the registered Client to whom the QR code belongs, the Client is obliged to pay the Operator a contractual penalty for unauthorized transfer of the QR code, in the amount of five times the non-discounted single entry for each entry where the QR code was used by a person other than the Client.
    • Unless the Operator unilaterally determines otherwise, in the event of additional obligations of the Operator arising that are related to decisions of public authorities (state administration bodies or local government bodies) or force majeure, based on which the Operator will temporarily not provide the Services for a certain period, or at the time of issuing such a decision, for an indefinite period, the Client acknowledges and agrees that the Services, or the period of use of the prepaid Services, is not extended directly proportionally to the period during which the provision of the Services by the Operator is not possible (for example, the obligation to temporarily restrict or close the Operations in connection with the spreading COVID-19 disease).

 

  • VIOLATION OF CLIENT OBLIGATIONS
    • In the event of a serious breach of the Client's obligations under these GTC, including obligations under the Rules of Operation, the Operator is entitled to withdraw from the Contract.
    • A serious breach of the Agreement means in particular:
  1. providing false information and data about oneself,
  2. repeated violation of the provisions of the Contract (at least 2 times),
  3. failure to respect the Operating Rules,
  4. failure to respect the instructions of the Operator's or Trainer's employees,
  5. culpable damage to the Operator's property,
  6. causing damage to the health of third parties located in the Fitness Center,
  7. delay in payment of financial obligations by more than 10 days,
  8. advertising another fitness center or provider of similar services as the Operator in the Fitness Center,
  9. enticing other Clients to use third-party services that are competitive with the Operator's Services, ,
  10. application of supportive substances in the area via needles or other external (extracorporeal) methods,
  11. sale or provision of prohibited substances or other goods to Clients.
    • Withdrawal from the Contract is effective from the moment of its written notification to the Client at the Client's e-mail address. In the event of withdrawal from the Contract by the Operator for the above reasons, the Client is not entitled to compensation for damages or a refund of the price of the Service, not even a proportional part thereof, unless the Operator decides otherwise. This does not affect the Operator's claim to compensation for damages in full. However, withdrawal from the Contract does not affect the rights and obligations arising until the effective date of withdrawal from the Contract, the claim for compensation for damages, as well as the resolution of disputes between the Client and the Operator. The Contracting Parties are not obliged to return mutual performance provided until the effective date of withdrawal from the Contract.
    • In the event of a violation of the Operating Rules or these GTC or if the Client behaves in a significantly inappropriate manner towards the Operator's employees or other clients, the Operator may permanently prohibit such Client from entering the Fitness Center.

 

  • PURCHASE OF GOODS IN THE E-SHOP
    • The Goods offered in the e-shop are normally supplied by the Operator and are available within a delivery period of no later than 30 days from the date of sending the order for the Goods to the Client. The main features and price of the specific Goods are listed directly in the e-shop.
    • The Client orders the Goods by filling out and sending the form in the electronic store (hereinafter referred to as the "Order").„Order“"). By sending the Order to the Operator, the Client confirms his agreement that these GTC will apply to the Contract concluded between him and the Operator in the electronic store, including the exercise of claims for defects in the Goods, and that he has been informed that after sending the Order, he is obliged to pay the purchase price (by clicking "Order with payment obligation").
    • The Operator delivers the Goods at the Operation or through delivery companies.
    • The Client is obliged to collect the Goods at the location specified in the order as the place of delivery, unless otherwise agreed with the Operator in writing (by e-mail or post) or by telephone.
    • The Client is obliged to check the Goods immediately after delivery. In the event that the Client discovers that the Goods are mechanically damaged, he is obliged to notify the delivery company or the Operator of this fact upon delivery to the Operation and to check the condition of the Goods in their presence. In the event that damage to the Goods is discovered, the Client is entitled to refuse to accept the Goods. The Operator will agree with the Client on the method of handling such a complaint without delay.
    • The Goods are deemed to be delivered at the moment of physical receipt of the Goods by the Client, or by a person authorized by him or by refusal to accept the Goods, which the delivery company indicates in the protocol on delivery and handover of the Goods, or by failure to accept them within the specified period, unless these GTC specify otherwise in the case of acceptance of the Goods by the Client.
    • The Client acquires ownership of the Goods only upon full payment of the full purchase price for the Goods or upon acceptance thereof, whichever occurs later. Upon acceptance of the Goods, the risk of accidental destruction and accidental deterioration passes to the Client.
    • Until the transfer of ownership from the Operator to the Client who has the Goods in possession, the Client has all the obligations of a custodian and is obliged to safely store the Goods at his own expense and mark them so that they are identifiable as the Operator's Goods under all circumstances.
    • Ownership of the Goods and the risk of accidental destruction, accidental deterioration and loss of the item passes to the Client at the moment of delivery.

 

  • SPECIAL PROVISIONS FOR DISTANCE CONTRACTS
    • If the Contract between the Operator and the Client was concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Operator and the Client, in particular by using the Website or Application, it is considered that the contract was concluded remotely pursuant to the provisions of §14 et seq. of the Act on the Protection of Personal Data.
    • The Consumer is entitled to withdraw from a distance contract without giving any reason, within 14 (in words: fourteen) days from the date of conclusion of the Contract, the subject of which is the provision of the Service or from the date of receipt of the Goods, in paper form or in the form of a record on another durable medium. The Consumer may use the form for withdrawal from the Contract and send it by post or to the e-mail address specified in point 1.1 of the GTC. The period for withdrawal from the Contract is deemed to have been observed if the Consumer sends a notice of withdrawal from the Contract to the Operator no later than the last day of the period.
    • The Operator hereby informs the Consumer that by granting consent to the commencement of the provision of the Service before the expiry of the withdrawal period from the Contract, the Consumer loses the right to withdraw from the Contract after the Service has been fully provided.
    • The Operator hereby informs the Consumer that in the event of withdrawal from the Contract, if the Consumer has given explicit consent to the commencement of the provision of the Service before the expiry of the period for withdrawal from the Contract, the Consumer is obliged to pay the Operator the price for the performance actually provided by the date of delivery of the notice of withdrawal from the Contract, which will be determined by the price for one-time entries according to the current Price List.
    • The Consumer is obliged to send the Goods back or hand over the Goods to the Operator or a person designated by the Operator to collect the Goods within 14 days from the date of withdrawal from the distance contract; this does not apply if the Operator proposes to collect the Goods in person or through a person designated by him. The period according to the first sentence is considered to have been observed if the Consumer sends the Goods to the Operator no later than the last day of the period.
    • The Consumer is responsible for any diminished value of the Goods resulting from handling the Goods that goes beyond the handling necessary to establish the properties and functionality of the Goods.
    • The Operator shall refund to the Consumer, within 14 days from the date of receipt of the notice of withdrawal from the contract, all payments received from the Consumer on the basis of or in connection with the distance contract, including the costs of transport, delivery, postage and other costs and fees.
    • The Operator is not obliged to return payments to the Consumer under point 7.7 of the GTC when withdrawing from a distance contract, the subject of which is the delivery of Goods, before the goods are delivered to him or until the Consumer proves that the goods have been sent back to the Operator, unless the Operator proposes to collect the goods in person or through a person designated by him.
    • The Operator shall refund the Consumer's payments pursuant to point 7.7 of the GTC in the same manner as the Consumer used to make the payment; this shall not affect the Operator's right to agree with the Consumer on another method of payment, provided that the Consumer will not be charged any fees in connection with the payment.

 

  • LIABILITY FOR DEFECTS IN SERVICES AND GOODS
    • In the event of a defect in the provided Services or Goods, the Client is obliged to proceed in accordance with the Operator's valid Complaints Procedure.
    • If the Client continues to use the Services despite identifying them as defective, the provision of the Service will be deemed to have been accepted without reservation by the Client and the claim for defects may be rejected by the Operator.
    • The method of handling complaints is regulated by the Operator's Complaints Procedure.

 

  • LIABILITY FOR DAMAGE
    • The operator is responsible for fulfilling its contractual obligations with professional care and in a safe manner.
    • The client is not entitled to compensation for damage caused by his own intentional or negligent actions or the intentional/negligent actions of third parties who are staying in the Fitness Center with his knowledge.
    • The Client is fully liable for (i) damage caused to the Operator's property, even if caused by negligence or unprofessional treatment, as well as for (ii) damage to the property and/or health of third parties located in the Fitness Center, even if caused by negligence or unprofessional treatment. The Client undertakes to compensate the injured party for the damage thus incurred in full. The Client is obliged to treat the Operator's equipment/property or equipment/property that the Operator uses/has on lease/loan/possession and is in the Fitness Center premises with care. The Operator does not assume liability for damage to health or things that arise from the Client's treatment in violation of the Agreement.
    • The Operator is not liable for damage to items brought or placed in the Facility during the use of the Services, if they are placed outside the places reserved by the Operator. If the Client places items in the places reserved by the Operator during the use of the Services that individually or in the sum of two or more items exceed the value of EUR 100 (valuables), he is obliged to notify an employee of the Operator and place them in the valuables deposit at the reception of the Fitness Center, otherwise the Operator is not liable for damage caused by their damage, theft, depreciation exceeding the given amount. The Operator is liable for damage to items in accordance with the Agreement and the provisions of the relevant generally binding legal regulation. The right to compensation for damage must be exercised with the Operator without undue delay. The right shall lapse if it is not exercised no later than the fifteenth day after the day on which the damaged Client learned of the damage.
    • The Operator is not responsible for the manner in which the Client uses the Services, and is not obliged to provide the Client with advice, instruction or any other activity directly related to the Client's activities in the Fitness Center.
    • In the event that, through no fault of the Operator, or due to decisions of state authorities (for example, in connection with preventing the consequences of the spread of the dangerous contagious human disease COVID-19 by measures of state authorities in the public health sector), or force majeure, the participant will not be able to use the ordered/prepaid Services within the originally agreed deadline or scope, the Client acknowledges that in these cases the Operator insists on the performance of the remainder of the Contract, unless otherwise agreed with the Client. For the avoidance of doubt, in cases pursuant to the previous sentence the Operator shall notify the Client that it insists on the performance of the remainder.
    • A client who causes damage to the Operator and/or third parties is liable for it in accordance with the provisions of Section 420 of Act No. 40/1964 Coll. (Civil Code), as amended.

 

  • COMMON, TRANSITIONAL AND FINAL PROVISIONS
    • These GTC apply and in their entirety replace the validity of the previously published General Terms and Conditions of Service (GTC).
    • The Operator reserves the right to unilaterally change these GTC at any time during the term of the Contract or use of the Services. The Operator will announce the change to the GTC at individual locations as well as through a notice published on the Website and in the Application. The change to the GTC does not affect the rights and obligations that arose before the change came into effect.
    • If there is a unilateral change to the provisions of the GTC, the Client has the right to terminate the Contract in writing within 14 days from the moment of notification of this change; if the Contract is not terminated, this action of the Client shall be deemed to be consent to the new wording of the GTC. The rights and obligations of the Clients (Consumers) arising from a contract concluded at a distance, pursuant to Article 7 of the GTC, are not affected by this.
    • The Operator and the Client are always bound by the currently valid provisions of the GTC.
    • Legal relationships concluded on the basis of the Contract and/or the GTC not expressly regulated are governed exclusively by the law of the Slovak Republic, in particular the Civil Code and the Civil Procedure Code.
    • The Operator ensures the protection of personal data of persons (Clients) who are natural persons, pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), while providing the Client with more detailed information on the processing of his/her personal data in the document "„Personal data processing policies“", which is published on the Website and in the Application.
    • The Operator accepts Clients' suggestions at the address specified in the Operator's identification in these GTC and at the e-mail address specified in point 1.1 of the GTC.
    • Unless otherwise stated in the GTC, the Operator and the Client have agreed that mutual communication and delivery of documents may take place via documents sent:
  1. in person, by post – to the registered office address registered in the relevant commercial register or other register, or to the address of permanent residence,
  2. by electronic mail (e-mail) - to the address provided by the Operator and the Client (preferably).
    • A document/notification is deemed to have been duly delivered (i) when sending a document/notification by email at the moment of generating a confirmation by the device through which the document/notification is sent, (ii) when sending by post on the seventh day from the date of sending by registered mail with a receipt, (iii) in person on the date of receipt or refusal of receipt by the addressee. Both the Operator and the Client are obliged to notify any change of addresses for the delivery of documents without delay.
    • If circumstances arise whose occurrence, course and consequence are not dependent on the activities and actions of the Operator (vis major) or circumstances on the part of the Client, based on which the Client does not fully or partially use the ordered, paid and secured Services, the Client shall not be entitled to payment or a discount on the price of the Services or to compensation or damages to any extent. The Operator shall not be liable for short-term reduced quality of the Services, outages and also damages caused by force majeure (vis major). Force majeure (vis major) means in particular natural disasters, natural disasters, strikes, traffic accidents, unpredictable malfunctions at the Operator's Facilities (e.g. interrupted supplies of media, water, etc.), obligations imposed on the Operator by decision of public authorities, as well as others.
    • If any provision of the GTC becomes invalid, ineffective or unenforceable to a limited extent, the remaining provisions, unaffected by this, shall remain in full force and effect. In such a case, the Operator shall replace such provision with a valid, effective and enforceable provision that deviates as little as possible from the principles agreed in these GTC while maintaining the economic and legal purpose and meaning of the replaced provision.
    • All disputes arising between the Operator and the Client from the contract and/or the GTC, or related to the contract and/or the GTC, including disputes regarding the validity, interpretation, termination of the contract and/or the GTC, will be resolved by the parties primarily by agreement. In the event that no agreement is reached, the matter will be submitted for decision to the competent court of the Slovak Republic.
    • If the Consumer is not satisfied with the manner in which the Operator has handled his complaint or believes that the Operator has violated his rights, he has the right to contact the Operator with a request for redress. If the Operator responds negatively to the Consumer's request pursuant to the previous sentence or does not respond to such a request within 30 days from the date of its sending by the Consumer, the Consumer has the right to submit a proposal for the initiation of alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution and on amendments and supplements to certain acts. The competent entity for alternative dispute resolution with the Consumer is the Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava 27, www.soi.sk or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/). The Consumer has the right to choose which of the listed alternative dispute resolution entities to contact. The Consumer may use the online dispute resolution platform, which is available on the website http://ec.europa.eu/consumers/odr/, to submit a proposal for alternative resolution of his consumer dispute. All further information regarding alternative dispute resolution between the Consumer and the Operator arising from the Contract as a consumer contract or related to the Contract as a consumer contract is provided on the website. The Consumer may obtain information about the conditions and the alternative dispute resolution platform at: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi and in Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain acts.

These GTC enter into force and effect on 01.10.2025.