General Business Terms and Conditions of GymBeam, s.r.o.
I. Basic provisions
These GTC regulate the relationship between the parties of the purchase contract, one party being GymBeam sro, ID No. 46 440 224, with registered office at Rastislavova 93, 040 01 Košice, registered in the Commercial Register of the District Court Košice I, Section: Sro, Insert number 35719 / V as the Seller (hereinafter referred to as the "Seller") and, another party being the Buyer, who may also be a consumer (hereinafter referred to as the "Buyer"). Further information about the Seller is available at www.gymbeam.sk in the „Contact“ section.
The Buyer is a consumer or entrepreneur.
The consumer is a physical person who, when concluding and fulfilling a consumer contract, does not engage within the scope of his business or other business activity.
The legal relationship between the Seller and the consumer, which are not explicitly regulated by these GTC, are governed by the relevant provisions of the Act. No. 40/1964 Coll., the Civil Code, as well as by related regulations.
The entrepreneur is:
- an individual registered in the Commercial Register,
- an individual who does business on the on the basis of a trade license,
- an individual who does business on the basis other than a trade license under special regulations,
- an individual who performs agricultural activities and is registered in a special regulation.
The entrepreneur, for the purposes of GTC , is the one who acts in accordance with the previous sentence in their business activities. If the Buyer indicates his/her Company ID Number in his order, he/she acknowledges that the rules for entrepreneurs stated in the GTC apply to him.
The legal relationship between the Seller and the Buyer, who is an entrepreneur, that is not explicitly regulated by these GTC or the contract between the Seller and the Buyer are governed by the relevant provisions of the Act. no. 513/1991 Coll., The Commercial Code as amended, as well as by related regulations. In the event of any conflict between the terms of GTC and the individual contract, the terms of the contract shall prevail.
By placing the order, the Buyer confirms that he/she has become acquainted with these GTC, which form an integral part of the "Complaint Procedure" and the "Delivery" document, with the terms of the ordered service and/or the license, and he/she accepts them in the valid and effective moment of sending the order.
The Buyer is aware that by purchasing products that are in the Seller's business offer, there are no rights to use the registered trademarks, trade names, corporate logos or patents of the Seller or other companies unless otherwise agreed in a particular case by an individual agreement.
II. Purchase contract
1. Entering into the purchase contract
If the Buyer is a consumer, the proposal of the entering into the purchase contract is the placement of the offered products by the Seller on the website, in which the purchase contract becomes valid upon submission of order by the Buyer/consumer and its receipt by the Seller. The Seller will then without delay confirm to the Buyer the receipt of the order through notification to a designated e-mail address; this notification, however, has no effect on the contract. The contract (including the agreed price) may be changed or canceled only by agreement between the parties or on the basis of legitimate reasons. For an exception to this procedure, see point VI. Ordering.
If the Buyer is an entrepreneur, a proposal for entering into the purchase contract is an order of products submitted by the Buyer who is the entrepreneur and the purchase contract is valid upon the moment of the delivery of the binding order confirmation by the Seller to the entrepreneur. The Seller is not responsible for any errors in the transfer of data. The contract is concluded in English language.
The concluded contract is archived by the Seller for at least five years from its conclusion, or for the longest period of time according to the relevant legislation, for the successful fulfillment thereof and is not accessible to third parties. Information on the individual technical steps leading to the conclusion of the contract is apparent in these business conditions where the process is clearly described. The Buyer has the opportunity to check and, if necessary, correct it before submitting the order. These GTC are available at the Seller's individual portals to enable them to be archived and reproduced by the Buyer.
The costs incurred by the Buyer when using remote communication systems (phone, internet, etc.) to make an order are in the amount depending on the tariffs of the telecommunications services.
If the Buyer/Consumer orders any services, then he/she agrees to be provided with the services before the expiration of the legal withdrawal period.
2. Delivery of the subject of purchase
By the purchase contract, the Seller undertakes to deliver the product to the Buyer, to provide the digital content / license of the subject being purchased and to allow him / her to acquire right for ownership / license, while the Buyer undertakes to take product / digital content and pay the Seller the purchase price.
The Seller reserves ownership right for the product and therefore the Buyer becomes the owner only after the full purchase price has been paid. In the same way, this rule applies to the purchase of a license or service.
The Buyer shall deliver the product and the documents relating to it, and shall allow the Buyer to acquire the right for ownership/ license in accordance with the contract.
The Seller shall fulfill the obligation to deliver the product to the Buyer if he / she allows him / her to load the product at the place of performance and informs him/her in due time.
If the Seller has to send the product, he shall deliver the product to the Buyer - the entrepreneur by handing over products to the first carrier and shall allow the Buyer to claim the transport contract rights in relation to the carrier, the Seller shall only deliver the product to the Buyer - consumer when the carrier delivers the products.
The Seller shall deliver the subject of the purchase to the Buyer in stated quantity, quality and design.
If it is not stated how the product is to be packed, the Seller packs the product according to the habitual practice; if they is no habitual practice, then the product shall be packed in order to preserve and protect it. In the same way, the Seller shall pack the product for transportation.
With due regard for minimizing damage and ensuring trouble-free delivery, the Seller reserves the right to deliver products to a Buyer who, within one order and/or one day, orders products for a total value exceeding € 3,500 including VAT, only after full payment of the total purchase price. As soon as the Buyer pays the full purchase price of the purchased products, the Seller shall provide the shipment in accordance with the Buyer's requirements specified in the order.
III. Information Security and Data Protection
The Seller hereby notifies the Buyer that, according to § 10 par. Article 3 b) of Act no. 122/2013 Z.z. about the personal data protection process, he shall process the Buyer's personal data without his consent as the data subject in the process of concluding the purchase contract, since the processing of the Buyer's personal data shall be performed by the Seller in pre-contractual relations with the Buyer and processing of the Buyer's personal data is necessary for performance of the purchase contract in which Buyer is one of the parties.
The Buyer can check and change personal data at any time, as well as cancel their registration after logging in to the "My Account" section of the ecommerce website.
The Buyer can tick off the box before submitting the order to present his/her consent in accordance with § 11 par. 1 of Act 122/2013 Coll., in order for the Seller to process and retain his/ her personal data, especially those mentioned above and/or necessary for the Seller's activities concerning the sending of information about new products, discounts and promotions on the products offered and processing the personal data in all of its information systems, regarding sending information about new products, discounts and promotions on the products offered.
The Buyer allows the Seller this time-limited consent to fulfill the purpose of processing the Buyer's personal data. After fulfilling the processing purpose, the Seller shall immediately secure the disposal of the Buyer's personal data. The Buyer may withdraw from consent of the processing of personal data in writing at any time. The consent expires within 1 month of receipt of the withdrawal of consent by the Buyer to the Seller.
The Seller declares that all personal data is confidential and shall not be disclosed to third parties, etc. except the distribution or payment situations related to the ordered products (statement of name, account number and delivery address). The Seller proceeds in such a way that the data subject shall not be harmed in his/her rights, in particular in right preserving of human dignity, and also to protect information against unauthorized interference with the private and personal life of the data subject. Personal data are collected, processed and retained in accordance with applicable laws of the Slovak Republic, in particular Law No. 122/2013 Zz, on the protection of personal data, as amended. The Buyer has the right to access his/her personal data and the right to rectification (via the contact form, including the right to request explanation and to remove the non-conforming status and other legal rights regarding this data).
The Buyer, on the basis of free written request, has the right to object to the processing of personal data in cases under Section 10 Article 3 (a), (e), (f) or (g) of Act 122/2013 Zz by stating reasons or giving evidence of unauthorized interference with his/her rights and the rights of the protected interest which are or may be harmed, unless any legal reasons prevent it and if case the Buyer's objection is justified, the Seller is obliged to stop using and dispose the Buyer’s personal data processing of which has been objected, without undue delay.
The Seller hereby notifies the Seller that, in accordance with § 15 par. (1) e) points 3 and 4 of Act 122/2013 Zz in the processing of personal data of the Buyer, it is expected that the personal data of the Buyer shall be provided and made available to the following third parties, of the beneficiaries:
Slovenská pošta, a.s., with registered office at Partizánska cesta 9, 975 99 Banská Bystrica, Company ID No.: 36631124, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sa, Insert No. 803 /S
DHL Express (Slovakia), Co. s.r.o., with registered office at M.R. Štefánik Airport, 820 01 Bratislava, Company ID No. 31342876, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 4400 / B
GLS General Logistics Systems Slovakia s.r.o., with registered office at Lieskovská cesta 13, 962 21 Lieskovec, Company ID No.: 36624942, registered in the Commercial Register of the District Court of Banská Bystrica, Section Sro, Insert No. 9084 / S
The following information is required from customers for the Complaint Procedure: name, surname, address, phone number, e-mail and signature or digital signature. All personal data obtained is processed solely for the purpose of handling the claim and in accordance with Act No. 1222013, on the protection of personal data, as amended.
The Buyer has the right to access his/her personal data and the right to correct them, including the right to request rectification and to remove the non-conforming status and other legal rights regarding this data.
The Seller shall furthermore incorporate the so-called "cookies" to facilitate the provision of information services in accordance with the provisions of Directive 95/46/ES on the purpose of "cookies" or similar tools, and to ensure that users know what information is stored in the device. Users have the possibility to disable cookies or similar tools to be stored on their devices, e.g. by running anonymous browsing functions in the browser.
For reasons of crime prevention and minimization of damage, the Seller reserves the right to refuse an order from a Buyer submitted from a blocked IP address, in the case the IP address is in blacklist. In case of ordering issues, the Buyer can contact the Seller by email at [email protected] or call center.
IV. Operating Hours
Internet orders or order via the sales person:
automatic order confirmation:: Monday – Sunday: 00-24h
e-mail, phone: Monday - Friday: 9:00-17:00
In case of a failure of an information system or a higher power, the Seller is not liable for failure to fulfill operating hours.
The customer shall be informed at www.gymbeam.sk about the opening hours during public holidays.
V. Purchase price
All prices are negotiated. On-line shops always contains up-to-date and valid prices. Prices are final, ie. including VAT and any other taxes and fees that the consumer has to pay to receive the product, this does not apply to any charges for transportation, etc.
Sale prices are valid until the specified number of products are sold out or for a specified period of time.
The original price stands for the price of the products/services/license which the GymBeam has offered, without taking into account the total amount of possible bonuses, marketing campaigns to support sales and other discount promotions on its e-shop.
The Buyer will receive the products at a price valid at the time of the order. The Buyer has the opportunity to get acquainted with the total price, including VAT and all other charges (PHE, etc) before ordering. This price shall be stated in the order and in the order confirmation receipt. The Buyer has the opportunity to get acquainted the validity of the offer or price before submitting an order.
An order can be made in the following ways:
• on e-shop GymBeam.sk
• in person in the Seller’s store
The Buyer takes due note of the fact that there may be cases in which a contract shall not be concluded between the Seller and the Buyer, especially when the Buyer orders products at a price wrongly specified due to an error of the Seller’s internal information system. In this case, the Seller informs the Buyer of the fact and has the right to withdraw from the contract.
The Seller reserves the right to declare the purchase contract invalidated in case of improper use of personal data, payment by credit card, etc., or due to interference by an administrative or judicial body, the Buyer shall be informed of this procedure.
The Buyer takes due note that in these cases the purchase contract cannot be concluded.
The Buyer shall receive payment at the price valid at the time of the order.
VII. Withdrawal from the Contract
Withdrawal from the contract by the Buyer, who is the consumer
In accordance with Section 7 of the Consumer Protection Act, when selling products or providing services on the basis of a contract concluded via remote communication outside the Seller’s premises and amending certain laws (Act No. 102/2014 Coll.), the Buyer has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the products or from the conclusion of the service contract, while it is necessary to send a letter or e-mail about the withdrawal from the contract to the Seller. The Buyer also has this right in case he/she has personally collected the products ordered via the Internet at the Seller's premises.
Please send the withdrawal notice and the products to the address:
040 01 Košice
The Buyer has the right within this period of time to unpack and test the products in a manner similar to buying in a classic shop to the extent necessary to evaluate the nature, characteristics and functionality of the products. The products should be returned by the Buyer in full, complete documentation, undamaged, clean, if possible including original packaging, in good condition and in the same value. The consumer is only responsible for the diminished value of the products that come into existence as a result of the treatment of the products, which is beyond necessary treatment to evaluate the characteristics and functionality of the products. The consumer is not responsible for the diminished value of the products if the Seller has not fulfilled his obligation to provide information about the right of the consumer to withdraw from the contract in accordance with § 3 par. 1h) of the Act on the Protection of Consumers in the sale via remote communication.
If the products are complete, including the original packaging, undamaged and do not bear any signs of use, the Seller shall extend the above 14-day period for return of the products for 30 calendar days from the date of receipt of the products.
In accordance with the above mentioned law, and in regard of the nature of the range of products sold, the products sold in the NUTRITION and PROTEINS section, it is not possible to return this type of products if the products have been unpacked, used or bear any signs of use.
The money for the returned products shall be returned to the Buyer within 14 days of delivery of the notice of withdrawal from the purchase contract.
Except cases when the withdrawal is agreed, the consumer cannot withdraw from the contracts:
a) about the provision of a service in which the provision of the service has begun with the express consent of the consumer and the consumer has stated that he has been properly instructed that, by declaring such consent, he/she loses the right to withdraw from the contract after the full service has been provided and,
b) the sale of products or the provision of services, the price of which depends on the change of prices on the stock market which the Seller cannot influence and which may occur during the expiry of the withdrawal period,
c) the sale of products manufactured according the specific requirements of the consumer or products specifically intended for an individual consumer,
d) the sale of products that are subject to a rapid quality deterioration or destruction,
e) the sale of products contained in a protective packaging which is not suitable for return for health or hygiene reasons and the protective packaging of which has been damaged after delivery,
f) the sale of products which, by reason of their nature, may be mixed with other products after delivery,
g) the sale of alcoholic beverages at a price agreed at the time of conclusion of the contract, the delivery of which may be realized after 30 days at the earliest, and their price depends on the change of prices on the market which the Seller cannot influence,
h) performance of urgent repairs or maintenance, which the consumer has explicitly requested from the Seller; this does not apply to service contracts and contracts for the sale of other products as parts necessary for repair or maintenance, in case they were concluded during the Seller's visit to the consumer and the consumer did not order these services or products in advance,
i) the sale of recordings, images, sound and image recordings, books or computer software sold in the protective packaging, if the consumer unpacked the packaging,
j) the sale of periodic press, exception for sales under a subscription agreement, and the sale of books not provided in the protective packaging,
k) the provision of accommodation services for other than accommodation purposes, the transportation of products, the rental of cars, the provision of catering services or the provision of services related to leisure activities under which the Seller undertakes to provide these services at the agreed time or within the agreed period of time,
l) to provide electronic content other than on a physical device, in case its provision has been initiated with the express consent of the consumer and the consumer has stated that he has been properly instructed with loss of the right to withdraw from the contract by declaring such consent.
If the Buyer decides to withdraw within the specified period of time, it is recommended to deliver the products to the Seller's address along with the enclosed letter, with the reason for the withdrawal of the purchase contract (it is not a condition), the purchase receipt number and the bank account number, whether the amount shall be paid in cash or whether it shall be used for the next purchase.
The Buyer take due note that in case he/she withdraws from the contract, he shall hold out the cost of returning the products to the Seller and, in case he withdraws from the contract concluded by remote communication, he shall hold out the cost of returning the products, which by virtue of its nature cannot be returned via mail.
The Buyer takes due note of the fact that if gifts are provided with the products, the gift contract between the Seller and the Buyer is concluded on the condition that if the consumer's right to withdraw from the contract is performed, the gift contract shall lose its validity and the Buyer shall be obliged to return products with related gifts provided. In case that they shall be not returned, these values shall be understood as unreasonable enrichment of the Buyer.
In case of fulfillment of all above mentioned conditions for the return of the products, the Buyer shall be entitled to receive a refund for the paid products, which shall be returned to the Buyer no later than 14 days after the withdrawal. The Seller is obliged to return the Buyer's purchase price to the Buyer in the same way as the Buyer paid unless the Buyer agrees for another way of sending the refund without any incurring additional charges to the Buyer.
Withdrawal from the contract by a Buyer who is an entrepreneur
If the Buyer is an entrepreneur, the Buyer may be offered a replacement withdrawal from the purchase contract depending on the condition of the returned products, the warranties and the actual price of the returned products. The condition of the products is evaluated by the Seller. In case of lack of agreement of conditions acceptable by both parties, the products shall be returned by the expense of the Seller. The Seller is entitled to charge the Buyer with any additional costs incurred.
In order to protect the rights of the Buyer, if the Buyer is a legal body and shall require repayment of the money by paying the credit note directly at the store, the relevant amount shall be paid only to individuals authorized to act for the legal person concerned, a statutory body or a person demonstrating an officially authenticated power of attorney.
VIII. Payment Terms
The Seller accepts the following payment terms:
- cash payment up to 5000 euros when collecting products at the store,
- advance payment via bank transfer,
- payment by means of a payment terminal at the pickup store (payment by credit card),
- payment via the bank payment interface (online payment by credit card),
- by cash on delivery (the carries receives cash from the customer);
The products remain Seller’s possession before full payment and receipt, but the risk of damage to the product passes to the Buyer with the receipt of the products.
The Buyer’s invoice information cannot be changed after the submission of the order.
We deliver the invoice electronically within 14 days of receipt of the payment. The invoice is in an e-mail attachment that informs you about the receipt of a payment for the products.
X. Delivery Terms
Only the Buyer can take over the products. This individual must sufficiently identify oneself and prove one’s identity by valid ID card or by valid passport.
Shipment - SR:
Products can be sent to the Buyer via a shipping service. The different forms of delivery are offered according to the actual availability of individual services and in terms of capacity and transportation options. In case of interference by higher authorities or failure of the information system, GymBeam is not responsible for the late delivery of the products. The shipping price is based on the current price list on the day of the order.
The Buyer is obliged to check the condition of the shipment (number of packages, the integrity of the logo with the company logo, the damage of the box) according to the accompanying shipping sheet immediately upon delivery. In case if the damage is found, the Buyer is obliged to make a record of the extent and nature of the damage to the carrier's representative. On the basis of a written record, the Buyer may subsequently refuse to take over the delivered products that are not in conformity with the purchase contract, to refuse to take over the defected products or to confirm the delivery of the defected products and subsequently claim for replacement of the defects of the products by the Seller. If the Buyer discovers damage or other inconsistencies after the receipt of the shipment, he/she is obliged to contact the Seller immediately. If he fails to do so, claims for the replacement of the defects shall only be admitted in case he/she proves that products have already had defects at the time of receipt.
Incomplete or damaged package must be immediately notified by e-mail to [email protected] or by phone at tel. no. 02 33 057 087, to report to the carrier the damage report and to send it without undue delay by e-mail or by mail to the Seller. Additional claims of incompleteness or external damage of the package do not deprive the Buyer of the right to complain, but give the Seller the opportunity to prove that there is no conflict with the purchase contract.
The warranty terms and conditions for the products are governed by the Seller's Complaint Procedure and the valid legal regulations of the Slovak Republic. As a warranty certificate, the purchase document is used.
XII. Final Provisions
According to Act No. 391/2015 Z.z. on an alternative consumer dispute settlement, the consumer has the right to contact the Seller with a modification request if he is not satisfied with the Seller's settlement of his/her claim or if he/she believes that the Seller has violated his rights.
The consumer has the right to make a proposal for alternative dispute settlement of an Alternetive Dispute Resolution entity if the Seller has not replied to the request or rejected it within 30 days of the date of sending.
A link to the Alternative Dispute Resolution Platform, through which the consumer can make a proposal to start an alternative dispute settlement, can be found here.
These General Business Terms and Conditions are valid and effective from December 13, 2017 and replace all the previously issued GTC. The Seller reserves the right to change the GTC without prior notice. The change of the GTC does not apply to the purchase contracts concluded before the GTC change, regardless of the fact that the products have not yet been delivered.
Refund and Return Policies
RIGHT TO MAKE A WARRANTY CLAIM
If the buyer purchases a defective product, he/she has right to make a warranty claim. In order to provide proper evaluation, it is necessary that the returned product is clean, complete and in compliance with hygiene regulations or general hygienic requirements. In addition to generally known rules, the Buyer is obliged to observe the conditions stipulated for the use of the product in the warranty certificate or in the instructions for use, to use and treat the goods in accordance with their durability.
PLACE AND METHOD OF WARRANTY CLAIM PROCEDURE
Warranty Claim can be made in writing by e-mail, by mail to Gymbeam s.r.o., Rastislavova 93, 040 03 Košice, or by phone: 02 33 057 087. The returned products can be sent by Slovak Post to the address given above. We recommend to insure the product. We do not accept products send by cash on delivery service. The warranty claim must include a written description of the defects that are the subject of a claim and proof of purchase, warranty certificate or advice of delivery. One of the above documents is enough to exercise the rights of liability for defects (warranty claim). The warranty period shall start on the day the following conditions are fulfilled:
a) the delivery of the Notice of Warranty Claim to the Seller,
b) the delivery of the product to the seller by the buyer;
PRODUCT RETURN POLICY PROCEDURE
If the product does not satisfy you and you need to replace it with another one, you can use the exchange service. In this way, only the product that was purchased can be exchanged, not the product that was send as a gift. It is needed to send the order number, the unsatisfactory product and the product you want to get in an exchange by email, facebook, or phone. Our customer care colleagues will prepare a package for a forwarding company who will deliver the right product to you the next day and they will also require a well packed product you want to exchange.
WARRANTY CLAIM PROCEDURE
To return the product, it is possible to send it undamaged within 30 days. Send it to us: GymBeam, s.r.o., Rastislavova 93, 040 03, Košice.
Add this Warranty Claim Form to your package. After receipt of the package, we will send you a refund as soon as possible.
LIABILITIES OF THE SELLER
The seller is responsible that the sold product has the quality and utility properties generally requested by the seller or described by the manufacturer or expected to comply with the requirements of the law is in the specified quantity and corresponds to the purpose which the seller indicates or for which the product is usually used. The seller is responsible for defects that occur after the purchase of the product during the warranty period.
The Seller is not responsible for defects in case:
- the buyer has caused the defect himself,
- the buyer was aware of the product’s defects before the receipt, and he/she was provided with a discount on the product,
- the warranty claim is contrary to the nature of the goods, in particular, the expiry of the durability of the product for which the discount was provided,
- the defects arose during the warranty period due to the wear and tear of the goods, their incorrect or excessive use, or which arose after the expiry of the durability of the product,
- caused by the intervention of the buyer or other person on the product or its part.
After the receipt of the warranty claim, a warranty certificate will be issued with the date of the received claim, the product being claimed, when and where the product was purchased, the defect and the price of the product. If the buyer claims a defect, the seller will properly check the claim and will immediately decide about the settlement of the warranty claim, in complex cases within 3 days. The seller will perform a refund/exchange/return within 30 days of the date of the warranty claim.
The seller is responsible for defects of the products during 24 months from receipt of the product by the buyer, in case the warranty period is not stated on the product, its packaging or on the warranty certificate. If the product under warranty is repaired, the warranty period extends from the warranty claim time until the consumer is obliged to take over the product after the repair, even if he did not do so. If the product is exchanged for new one, a new warranty period starts from the date the product was received, or sent to the buyer. If the warranty claim of the defective product is not performed during the warranty period, the right of liability for the defect shall expire. The buyer will be informed about the settlement of the warranty claim, personally, by phone or by email.
RIGHTS OF THE CONSUMER
In the case of defects of products which the consumer claimed to repair during the warranty period, he has the right that to have the product repaired free of charge, properly and in due time. In case the defects cannot be repaired and which prevent the proper use of product, the consumer has the right to exchange the product or right to withdraw from purchase and request a refund of the purchase price. If the defect can be repaired, but due to recurring defects after repair the consumer cannot properly use the product, he/she has the right to exchange the product or to receive the refund of purchase price of the product. The buyer has the same rights as with defects that cannot be repaired, during the repair of faulty products within 30 days of claiming. In the case of defects which cannot be repaired and prevent the proper use of the product, the consumer has the right to receive an appropriate discount on the price of the product.
PRIVACY AND DATA PROTECTION POLICY
In accordance with Act No. 428/2002 Coll.Z.z. on the protection of personal data. The owner of www.gymbeam.sk e-shop undertakes that any personal data that is entrusted to it shall not be, without the consent of the owner of the data, provided to any third party; and he shall not use the entrusted personal data to a commercial offer unrelated to the promotion of the www.gymbeam.sk. At the same time, he undertakes to delete the personal data from its database at the customer's request without being provided with any reasons.