a sole proprietor Ladislav Kováč

with registered office at Fantova 676/17, 614 00 Brno, Czech Republic

identification number: 8213992

email: sologym247@gmail.com

phone: +420 724 357 013

for the provision of services via the on-line website SoloGym located at the internet address www.sologym.pro

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INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") Ladislav Kováč, a sole proprietor, with registered office at Fantova 676/17, 614 00 Brno, Czech Republic, identification number: 8213992, (hereinafter referred to as "Provider") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the provision of services (hereinafter referred to as "Contract") concluded between the Provider and another natural person (hereinafter referred to as "Customer") through the Provider's website. The Website is operated by the Provider on a website located at www.sologym.pro (hereinafter referred to as the "Website").

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1. USER ACCOUNT

1.1 Based on the Customer's registration made on the Website, the Customer can access their user interface. From this user interface, the Customer can order services (hereinafter referred to as "user account").

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1.2 When registering on the website and when ordering services, the Customer is obliged to provide correct and truthful information. The Customer is obliged to update the information provided in the user account in case of any change. The information provided by the Customer in the user account and when ordering services shall be deemed correct by the Provider.

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1.3 Access to the user account is secured by a user name and password. The Customer is obliged to maintain the confidentiality of the information necessary to access their user account.

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1.4 The Customer is not entitled to allow third parties to use the user account.

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1.5 The Provider may cancel the user account, in particular if the Customer does not use their user account for more than 12 months or if the Customer breaches their obligations under the Contract (including the Terms and Conditions).

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2. CONCLUSION OF THE CONTRACT

2.1 All presentation of the services located in the web interface of the shop is of an informative nature, and the Provider is not obliged to enter into a contract regarding these services.

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2.2 To order the Services, the Customer shall fill in the order form in the web interface of the shop. The order form contains, in particular, information about:

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• the service to be ordered (inserted by the Customer into the electronic shopping cart of the web interface of the shop),

• the method of payment of the service price,

• details of the required method of delivery of the ordered service and information on the costs associated with the delivery of the service (hereinafter collectively referred to as the "Order").

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2.3 Before sending the order to the Provider, the Customer is allowed to check and change the input data entered, including the ability to detect and correct errors. The Customer sends the order to the Provider by clicking on the "Book" button. The data provided in the order is considered correct by the Provider.

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2.4 Immediately upon receipt of the order, the Provider shall confirm its receipt to the Customer by e-mail to the Customer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Customer's e-mail address").

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2.5 The contractual relationship between the Provider and the Customer shall be established by the delivery of the acceptance of the order (acceptance), which is sent by the Provider to the Customer by electronic mail to the Customer's electronic mail address.

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3. PRICE OF SERVICES AND PAYMENT TERMS

3.1 The price of the Services and any costs associated with the delivery of the Services under the Contract may be paid by the Customer to the Provider by cashless credit card via the GoPay portal.

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3.2 Together with the price of the Services, the Customer shall also pay the Provider the costs associated with the packaging and delivery of the Services in the agreed amount. Unless expressly stated otherwise, the price shall also include the costs associated with the delivery of the services.

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3.3 The Provider does not require a deposit or any other similar payment from the Customer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the price of the Services in advance.

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3.4 The Provider is entitled, in particular in the event that there is no additional order confirmation by the Customer (Article 3.6), to demand payment of the full price before the service is dispatched and provided to the Customer. Section 2119 (1) of the Civil Code shall not apply.

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3.5 Any discounts on the price of services provided by the Provider to the Customer cannot be combined.

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3.6 If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Provider shall issue a tax document - an invoice - to the Customer in respect of payments made under the Contract. The Provider is not subject to value added tax. The Provider shall issue the tax document - invoice to the Customer after payment of the price and send it in electronic form to the Customer's electronic address.

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4. CONTRACTUAL PENALTY

4.1. In accordance with Section 2048 of Act No. 89/2012 Coll., the Civil Code, the Provider reserves the right to demand a contractual penalty of 500 CZK for each individual breach of obligation, including repeated violations.

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4.2. A breach of contractual terms shall be deemed to include, in particular, exceeding the maximum time limit of 75 minutes for entry and stay in the Sologym 24/7 premises. The contractual penalty shall be charged regardless of the number of minutes by which this limit is exceeded.

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4.3. The Customer is obliged to leave the Sologym 24/7 premises before the expiration of the 75-minute time limit, even if the subsequent reservation slot is unoccupied.

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4.4. The Customer is required to pay the contractual penalty within fourteen (14) days from the receipt of the payment request, which will be sent to the email address registered in their user account.

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5. WITHDRAWAL FROM THE CONTRACT

5.1 The Customer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the contract for the supply of services provided according to the Customer's requirements or adapted to their personal needs or services that have already been provided.

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5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where the contract cannot be withdrawn from, the Customer has the right to withdraw from the contract within fourteen (14) days from the date of conclusion of the contract in accordance with the provisions of Section 1829(1) of the Civil Code.

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5.3 Withdrawal from the contract must be sent to the Provider within the period specified in Article 5.2 of the Terms and Conditions. The Customer may send the withdrawal from the Contract, inter alia, to the Provider's e-mail address sologym247@gmail.com.

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5.4 In the event of withdrawal from the contract, the contract shall be cancelled from the outset. The Customer shall return the services that have been provided to the Provider without undue delay within seven (7) days of withdrawal, unless the Provider has offered to collect the services themselves. The time limit under the previous sentence is maintained if the Customer sends the services before the expiry of the time limit. If the Customer withdraws from the contract, they shall bear the costs of returning the services to the Provider.

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5.5 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Provider shall return the funds received from the Customer within fourteen (14) days of the Customer's withdrawal from the Contract, in the same manner as the Provider received them from the Customer, unless the Customer agrees with the Provider on a different method of return and the Customer incurs additional costs.

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6. CLAIMS AND WARRANTY

The rules for claims are defined in the section "Claims Policy and Conditions".
 

7. PROTECTION OF PERSONAL DATA

The Provider fulfils its information obligation towards the Customer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council 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) (hereinafter referred to as the "GDPR") relating to the processing of the Customer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Provider's public law obligations by means of a separate document. PROTECTION OF PERSONAL DATA

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8. FINAL PROVISIONS

8.1 If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by Czech law.

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8.2 If any provision of the Terms and Conditions is invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

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8.3 The Purchase Contract, including the Terms and Conditions, is archived by the Provider in electronic form and is not accessible.

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Contact details of the Provider:

registered office address Fantova 676/17, 61400 Brno, Czech Republic,

e-mail address sologym247@gmail.com,

telephone +420 724 357 013

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Brno, 1st June 2024