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Business Terms and Conditions

General Terms and Conditions of GymBeam, s.r.o.

      

I. Basic provisions 

These General Terms and Conditions (hereinafter referred to as „GTCs“) establish relations between the Contracting Parties of a Purchase Contract. The Contracting Parties are: (1)  GymBeam Czech s.r.o., Company OIB: 10812571, with registered office at Lohniského 901/7 152 00 Praha 5, recorded in the Companies Register of the District Court Košice I, Section: S.r.o, Insert number 35719/V as the Seller (hereinafter referred to as „the Seller“) and (2) the Buyer, who may also be Consumer, (hereinafter referred to as „the Buyer“). Further information about the Seller can be found on www.gymbeam.sk under the section of  „Contact“.

The Buyer is a Consumer or an Entrepreneur. 

The Consumer is a natural person who by concluding and fulfilling a Consumer Contract does not act within the interest of their business or any other entrepreneurship activity. 

The legal relations between the Seller and the Consumer not explicitly elaborated upon within these GTCs are subject to the respective legal provisions of the Act no. 40/1964 as stated in the Civil Code, as well as to the related regulations.

An Entrepreneur is:

  • A person recorded in the Company Register,
  • A person conducting business under a Freelance Licence,
  • A person conducting business under a Freelance Licence with a provision of specific regulations 
  • A person conducting business in agricultural produce recorded in register according to a specific regulation.

For the purposes of these GTCs, an Entrepreneur is also any person acting in the manner described in the previous statement in relation to entrepreneurship activities. If the Buyer provides a Company ID in their order, they agree to the GTCs regulations specific to Entrepreneurs.  

The legal relations between the Seller and the Buyer acting as an Entrepreneur not addressed in these GTCs or the Contract between the Seller and the Buyer are subject to the respective legal provisions of the Act no. 513/1991 of the Commerce Code as occurring in the later regulations, as well as to any other related regulations. In case of any conflict between these GTCs and the Contract, the text of the Contract takes primacy. 

By making and order, the Buyer acknowledges that they are well acquainted with these GTCs, the inseparable part of which is the "Return policy" and the “Delivery” document, as well as with the conditions of the ordered service and/or provided licence rights, and agrees to these GTCs and aforementioned conditions as stated and valid at the moment of the placing of the order.

By buying any products in the product selection of the Seller, the Buyer does not acquire any rights to utilize the registered trademarks, commercial names and titles, business logos or patents of the Seller or other companies, unless specifically stated otherwise by a specific contract.

       

II. Purchase Contract

1. Concluding of the Purchase Contract 

If the Buyer is identified as a Consumer, the Purchase Contract is offered by the Seller placing their product on sale on the webpage of their e-shop. The contact is concluded once the Buyer (Consumer) places an order, which is then received and acknowledged by the Seller. The reception of the order is immediately confirmed by the Seller via e-mail sent to the Buyer’s e-mail address, which the Buyer had provided. This e-mail, however, does not impact the conclusion of the Purchase Contract itself. The newly concluded contract (including the agreed upon price) can only be changed or cancelled based on an agreement of both Parties, or on legal reasons. For an exception from this process, see section “VI. Ordering”.

If the Buyer is identified as an Entrepreneur, the Purchase Contract is offered by an order sent by the purchasing Entrepreneur, and it is concluded at the moment of delivery of the confirmation and the agreement to the sale sent by the Seller to the Buyer. The Seller is not responsible for any errors occurring in the transfer of data. The contract is concluded in Slovak language.

The concluded Purchase Contract is archived by the Seller for at least ten (10) years, counting from the end of the year in which the Contract was concluded, and it is not made accessible to any uninvolved third parties. Information concerning individual technical steps towards the conclusion of the Contract is provided within these Terms and Conditions, where the entire process is clarified. The Buyer has the opportunity to review and correct the order before placing it. These GTCs are available at individual web portals of the Seller and are therefore open for archiving and reproduction by the Buyer. 

The costs of the long-distance communication means used for placing the order (e.g. via phone, internet, etc.) are determined by the applied standard rates of the telecommunication services used by the Buyer. 

If the item ordered by the Buyer-Consumer is a service, they agree to receive the service before the expiry of the legal deadline for cancellation. 

       

2. Receiving the purchased item

In this Purchase Contract the Seller undertakes to deliver the requested item, provide a digital content/licence if it is the subject of the purchase, and will allow the Buyer to acquire the ownership rights/licence to the content being purchased. The Buyer undertakes to receive the item/content and pay the agreed upon purchase price.  

The Seller reserves their right to the item, and the Buyer receives the right to the item only after paying the full price. This also applies if the item in question is a licence or a service. 

The Seller transfers the item to the Buyer together with documents related to the item, and will allow the Buyer to claim ownership rights to the item/licence in accordance with the Contract.  

The Seller will fulfil their obligation to deliver the purchased item to the Buyer if the Buyer is allowed to handle the item at the place of fulfilment and is duly notified.  

If the Seller has to send the item to the Buyer, the Seller hands the item over to the (first) Carrier with the purpose of transport and delivery to the Buyer, and will allow the Buyer to apply their rights in accordance with the Contract of Carriage with the Carrier. The Seller is considered to have delivered the item to the Buyer once the item has been handed over to the Buyer by the Carrier.  

The Seller delivers the ordered item to the Buyer in the agreed upon quantity, quality and specifications.

Unless a specific agreement has been made about the manner of packaging, the item will be packaged according to regular custom, or, in absence of such custom, packaged so as to protect the item from any damage. The item will be arranged in such manner by the Seller for the purposes of shipping as well. 

In order to minimize the risk of possible damages and to avoid any supply issues, the Seller reserves the right to deliver the goods to the Buyer only after paying the full price of the purchase in the case that the Buyer placed an order (or a number of orders within the same day) for purchase with a price over 3.500,- EUR, including VAT. In such a case, the Seller will ship the ordered goods in accordance with the Buyer’s demands stated in the order as soon as the Buyer pays the entire price of the purchase.

    

III. Information security and protection

The Seller processes the personal data provided by the Buyer in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 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) and with the Act no. 18/2018 on personal data protection and amending and supplementing certain Acts.

Detailed information about how the Seller collects, processes and protects personal data of the Buyers can be found in the document “Personal Data Processing Conditions”, available at the webpage of the Seller. 

In order to minimize risks of damage and to avoid criminal activity, the Seller reserves the right to refuse an order placed by a Buyer from a blocked IP address in case this IP address appears on a blacklist. In case of issues with placing an order, the Buyer can contact the seller via e-mail at [email protected] or via telephone on +421 233 057 087.

       

IV. Hours of operation

An order can be placed via the internet or via the Seller’s staff: 

Opening hours:

Automatic order confirmation: Monday – Sunday: 00-24h

Customer service: operation hours 

In case of information system failure or an interference from a force majeure, the Seller does not assume responsibility for possible outages in the hours of operation. 

The changes in hours of operation during national holidays will always be announced on www.gymbeam.com.

  

V. Prices

All the prices are contractual. The on-line e-shop will always display only the current and up-to-date prices. Prices are final, including VAT and any other taxes or fees that the Consumer is obliged to pay. This does not include additional fees for shipping and delivery and the costs of the long-distance communication services used to complete the trade displayed in the shopping cart section of the ordering process. Such costs depend on the specific choices of the Buyer.

Sale prices apply either during a predetermined amount of time or until the stock of specified quantity runs out.

The original base price is the price of the product/service/licence that the product/service/licence was offered for by GymBeam before applying any particular sale bonuses and discounts related to marketing campaigns and other discounts in the operating e-shop, or the price of the product/service/licence suggested by the manufacturer or the distributor, while the displayed price is always the price that better reflects the price level of the specific item on the market. 

     

VI. Ordering

The Buyer will receive the ordered item for the price relevant at the time of placing the order. The buying Consumer is allowed to review the full price of the order including VAT and other taxes and fees (such as recycling fees and other similar fees) before placing the order. This price will be displayed in the Buyer’s order as well as in the message confirming the placement of the order with the Seller. 

Orders may be placed in the following manners:

• on the e-shop GymBeam.com

The Buyer will be informed about the specific time of delivery of the ordered items via an e-mail. The duration of the delivery process depends on the manner of delivery chosen by the Buyer in the second step of placing the order at the virtual shopping cart. 

The Buyer takes note that a case might occur in which the trade contract between the Buyer and the Seller will not be closed, mainly due to possible erroneous price listing of the ordered item caused by a failure of the information system of the Seller. In such an occurrence the Seller reserves the right to withdraw from the contract and will immediately inform the Buyer about the situation. 

The Seller reserves the right to declare a concluded Purchase Contract as void due to misuse of personal data, misuse of a payment card, etc. or due to an intervention of an administrative or judicial body. In such a case, the Buyer will be informed. 

The Buyer takes note that in such cases as stated above, a Purchase Contract cannot be concluded. 

The Buyer will receive the item (product/service/licence) for the price applicable at the moment of order placement. 

    

VII. Withdrawing from the Contract

Withdrawing from the Contract if the Buyer is a Consumer 

In accordance with the Section 7 of the Act no.102/2014 on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or an off-premises contract and amending certain acts, the Buyer has a right to withdraw from an already concluded Purchase Contract without providing a reason within up to 14 days from the day of delivery of goods or the service, while it is necessary that within this time limit a record has to be made and sent (via a letter or an e-mail), informing the Seller about the withdrawal from the Contract. The same right applies if the Buyer received the ordered goods personally at the Seller’s place of issuing. 

        

Withdrawal from the Contract as well as the returned goods are to be sent to this address:

GymBeam s.r.o.

Rastislavova 93

040 01 Košice

Slovakia

         

Within the aforementioned limit of 14 days, the Buyer has the right to unpack, inspect and try out the delivered goods, similarly to how it can be done in a brick and mortar shop, all within the extent necessary to the purpose of becoming familiar with the nature, properties and the functioning of the product. The product has to be returned in full, with complete documentation, undamaged, clean, if possible packed in the original packaging, in the same state and value in which it has been received. The Buyer takes the responsibility for any decrease in the quality of the product caused by mistreatment of the product, or its use beyond the scope of determining the properties and verifying the proper functioning of the product. 

The Consumer is not responsible for the decrease in quality of the goods in case the Seller did not fulfill their duty to inform the consumer about their right to withdraw from the Contract according to Section 3, par. (1) sent. (h) of the Act on consumer protection  in the sale of goods or the provision of services on the basis of a distance contract. 

In case the product is complete (including the original packaging) and has no damage and visible signs of use, the aforementioned limit of 14 days is extended to 30 days from the day of delivery by the Seller.

Due to the nature of items sold under the section of NUTRITION SUPPLEMENTS and PROTEINS, these products cannot be returned once they were unpacked, used, or show any visible signs of use. 

The money owed to the Buyer for the returned goods will be returned at the latest 30 days from the delivery of announcement about the withdrawal from the Contract. 

Aside from cases in which the withdrawal from the Contract is explicitly negotiated, a Consumer may not withdraw from a Contract concerning:

(a) the provision of a service, where such provision has commenced with the consumer’s express consent and the consumer has declared that he has been duly advised of the fact that, by expressing such consent, he loses the right of withdrawal upon complete service provision, and the service has been provided completely; 

(b) the sale of goods or provision of a service for which the price is dependent on price movements on the financial market which cannot be controlled by the seller and which may occur within the withdrawal period; 

(c) the sale of goods made in accordance with the consumer’s requirements, goods made to measure, or goods intended specifically for one consumer;

(d) the supply of goods which are liable to deteriorate or expire rapidly; 

(e) the sale of goods sealed in protective packaging which are not suitable for return due to health protection or hygiene reasons, and the protective packaging of which each has broken after supply; 

(f) the sale of goods which may, after supply, according to their nature, be inseparably mixed with other goods; 

(g) urgent repairs or maintenance specifically requested by the consumer from the seller; this shall not apply to service contracts and contracts concerning the sale of other goods or spare parts required to carry out a repair or maintenance if concluded during the seller’s visit to the consumer and the consumer has not ordered such services or goods in advance; 

(h) the sale of audio, video or audiovisual recordings, computer software sold in protective packaging, if the consumer has opened this packaging; 

(i) the sale of a periodical, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging; 

(j) the provision of accommodation other than for housing purposes, the transport of goods, car rental, the provision of catering services or the provision of services related to leisure activities, and according to which the seller undertakes to provide such services at an agreed time or within an agreed period; 

(k) the provision of electronic content other than on a tangible medium, where such provision has commenced with the consumer’s express consent and the consumer has declared that he has been duly advised of the fact that, by expressing such consent, he loses the right of withdrawal.

If the Buyer decides to withdraw from the Purchase Contract within the given time limit, it is recommended that the goods to be returned be delivered to the address of the Seller as soon as possible, together with an accompanying letter listing the reasons for withdrawal (this is optional, and not a required condition), the identification number of the purchase document, and the number of bank account in order to speed up the process of withdrawal.

The Consumer is obliged to return the goods via a delivery or in person to a representative responsible for receiving returns at the latest 14 days after withdrawing from the Purchase Contract.

The Buyer takes note that by withdrawing from the contract they are responsible for covering the costs of returning the goods to the Seller, and in case of withdrawing from a long-distance contract the Buyer is also responsible for covering the costs of returning the goods that due to their nature cannot be returned via regular mail. 

The Seller is not obliged to cover the additional costs of the Consumer if the Consumer explicitly chooses to use any other means of delivery of returned goods other than the most economical, regular manner of delivery offered by the Seller. The additional cost is calculated as a difference between the manner of delivery chosen by the Consumer and most economical, regular manner of delivery offered by the Seller. 

The Buyer takes note that if the purchased goods come with gifts, the deed of donation between the Buyer and the Seller is only valid for as long as the Buyer does not withdraw from the Purchase Contact, in which case the Deed of Donation becomes void and the Buyer is obliged to return the gifts that came with the purchased goods intended for return. In case the gifts are not returned together with the returning purchased goods, the value of these gifts will be considered an unjust enrichment of the Buyer. 

After fulfilling all of the aforementioned conditions for returning the purchased goods, the Buyer becomes entitled to a refund of the amount paid for the returned goods, which will be refunded to the Buyer at latest within 14 days from the withdrawal from the contract. The Seller is however not obliged to refund this payment until they are delivered the goods intended for return by the Consumer, or until when the Consumer provides a proof of having sent the goods intended for return back to the Seller. The Seller is obliged to refund the amount equivalent to the price of the purchase in the same manner that was used by the Buyer upon the initial payment, unless the Buyer and the Seller agree on a different manner of refunding, in which no additional fees are to be paid by the Seller in order to complete this refund. 

The Seller warns that in case the goods returned upon the Buyer’s withdrawal from the Purchase Contract are damaged, worn, incomplete, without accompanying documentation (the original proof of purchase, warranty card, instructions for use, etc.), or returned without gifts provided with the purchase, the Seller will claim the damage against the Consumer, possibly through the courts and a legal representative. The Seller also warns that before each shipment of goods, they document the completeness and integrity of the shipped goods.

Withdrawing from the contract if the Buyer is an Entrepreneur

In case the Buyer is identified as an Entrepreneur, they may be offered a replacement withdrawal from the Purchase Contract depending on the condition of the returned goods, the state of warranty and the current price of the returned goods. The state of the goods is evaluated by the Seller. 

In the event of disagreement between the Parties, the goods will be returned at the expense of the Seller. The Seller is entitled to charge the Buyer any additional costs incurred.

In order to protect the rights of the Buyer, if the Buyer is a legal entity and will demand a refund by being paid in repayment of credit directly at the store, the relevant amount will be paid only to persons authorized to act on behalf of that legal entity, i.e. to the statutory body or person who proves the officially certified power of attorney.

         

The form for withdrawing from the Purchase Contract is available for download via this link. 

    

VIII.  Payment Conditions

The Seller accepts the following payment modes and conditions: 

  1. Cash payment up to 5,000 EUR when receiving the goods in person at the place of issuing,
  2. Payment in advance via a bank account transfer,
  3. Electronic card payment when receiving goods in person at the place of issuing,
  4. Payment via an online bank interface (payment via a card online),
  5. Payment at delivery, where the payment is received from the Buyer by the Carrier,
  6. Payment on invoice due (only for Entrepreneurs if the conditions are met).

The goods remain the property of the Seller until they are fully paid for and delivered to the Buyer. The risk of damage to the goods passes to the Buyer once the goods have been delivered to them.

Buyer billing information cannot be changed retroactively after placing the order.

   

IX. Invoicing

In addition to the goods, each package also contains a pre-invoice. The pre-invoice does not serve as a tax document. We send the invoice electronically within 14 days of receiving the payment. The invoice will be available for download in PDF format in the e-mail carrying the receipt of the payment.

     

X. Terms of Delivery

Personal collection:

Only the buyer can personally collect their goods. This person must be sufficiently identified by a valid identity card or passport.       

Shipping by a carrier - SR:

The goods can be sent to the Buyer via a carrier service. Individual modes of transport are offered according to the current availability of services and with regard to capacity and travel options. In the event of force majeure or failure of the GymBeam’s information system, GymBeam is not responsible for delayed delivery of goods. The price of shipping is governed by the current price list on the day of the order.

The Buyer is obliged to check the condition of the shipment together with the Barrier immediately upon delivery (number of packages, integrity of the tape with the company logo, damage to the box) according to the enclosed consignment note. If the damage to the shipment is found, the Buyer is obliged to make a record with the Carrier's representative on the extent and nature of the damage. On the basis of such a record, the Buyer may subsequently (a) refuse to take over the delivered goods that are not in accordance with the purchase contract, (b) refuse to take over the defective goods or (c) confirm the delivery of defective goods and then file a claim for defects with the Seller. If the Buyer finds damage or other irregularities only after taking the shipment over, they are obliged to contact the Seller immediately. If they fail to do so, they shall be granted claims for defects only if they prove that the goods already had these defects at the time of the delivery. 

Incomplete or damaged shipment must be reported immediately by e-mail to [email protected] or by phone at tel. no. +421 233 057 087. A damage report must be elaborated immediately together with the Carrier and sent without undue delay by e-mail or standard mail to the Seller. Late claims of incompleteness or external damage to the shipment do not deprive the Buyer of the right to claim compensation, but they do provide the Seller with the opportunity to prove that no breach of the Purchase Contract took place.

    

XI. Warranty Conditions

The Warranty Conditions are established within the Return policy of the Seller and the valid legal regulations of the Slovak Republic. The purchase document serves as a guarantee certificate.

    

XII. Final Provisions

According to the Act 391/2015 on alternative resolutions of consumer conflicts, the Consumer has the right to seek redress from the Seller if the Consumer is not satisfied with the way in which the Seller has handled his complaint or if the Consumer considers that the Seller has infringed the Consumer’s rights.

The Consumer has the right to apply for the initiation of Alternative Dispute Resolution of the Alternative Dispute Resolution entity if the Seller has responded dismissively or has not replied within 30 days from the date of dispatch.

The link to Alternative Dispute Resolution platform, where the Consumer can apply for an Alternative Dispute Resolution can be found here.

These General Terms and Conditions are valid and effective from 25.3.2021 and cancel the previous versions of the GTCs. The Seller reserves the right to change the GTCs without prior notice. The change of the GTCs does not apply to Purchase Contracts concluded before the change of the GTCs, regardless of whether the goods have been already delivered or not.