General terms and conditions of „Fit Commerce“ Ltd. for relations with users of fitness services

 

DEFINITIONS

When applying these General Terms and Conditions, the following terms and expressions are used in the following sense:

Supplier – „Fit Commerce“ OOD;
Electronic store – LaPalestra.bg, owned by the Provider, accessible at the Internet address www.lapalestra.bg, through which Users have the opportunity to conclude contracts (agreements) for the purchase and sale of the services offered by the Provider;
User – any person who consumes the service offered by the Provider after registration in accordance with these General Terms and Conditions and has an active user profile for using the electronic store, or has purchased the offered service on-site, from the Provider’s site;
User profile – created upon completion of registration and unique profile of the respective User for use on LaPalestra.bg, set aside in the e-store database, accessible by entering a username and password;
Order – any individual request sent to the Provider by a User to purchase services on-site or from the electronic store;
Accepted order – any Order within the meaning of the previous point, which the Supplier has expressly confirmed;
Services – fitness services offered at the Supplier’s site, with a detailed description of the services (parameters) available at www.lapalestra.bg;
Parameters of the Service – data on what the Service includes, in which facilities it can be used, term of use, options to terminate or freeze use, methods and terms of payment and any other information specified by the Provider for each Service offered by him ;
Facility of the provider – place of use of the Services, with specified working hours during which the Services can be used;
Fitness subscription – a subscription in which the Service is prepaid monthly in advance for each subsequent calendar month;
Prepaid service – paid in advance for the entire period of use, through a weekly, monthly, annual card, etc., according to the terms offered by the Provider for prepayment of the Services.

 

II. PROVIDER DATA

Name of the Supplier: „Fit Commerce“ OOD, with headquarters and address of management: Sofia 1756, „Izgrev“ district, g.k. „Iztok“, „Nezabravka“ street, bl. 54, entrance B, floor 2, apartment 8. Entry in public registers – entered in the Commercial Register at the Registration Agency with EIK 207249173.

Supervisory authorities:

– Commission for the protection of personal data;

– Consumer Protection Commission.

Registration under the Value Added Tax Act No. BG207249173

Business address and correspondence details: Sofia 1407, Cherni Vrah Blvd. No. 175. E-mail: office@lapalestra.bg, phone: 0….

 

III. SUBJECT

These General Terms and Conditions are intended to regulate the relationship between the Provider and the Users when using the services provided by the Provider.

The general conditions are available at www.lapalestra.bg.

 

IV. USER REGISTRATION
In order to be able to use the electronic store, the respective User must create his user profile by filling out the electronic registration form at www.lapalestra.bg.
By ticking the appropriate box when completing the registration, each new User declares that he is familiar with these General Terms and Conditions, including the Privacy Policy, agrees with their content and undertakes to comply with them.
(1) In the event that the User is a minor (between 14 and 18 years old), by ticking the appropriate box for acceptance of these General Terms and Conditions and completing the registration, he declares the consent of his parents or guardians to accept these General Terms and Conditions and carry out registration.

(2) If the User is a minor, subscription cards can only be purchased with the express consent of a parent or guardian. When making a purchase, contact information for a parent or guardian must be provided, who will be notified and consent confirmed. Otherwise, the purchase will be cancelled.

(3) In the event that the User is a minor (under 14 years old), the declaration of acceptance of these General Terms and Conditions and registration shall be made by a parent or guardian. When using the Service, the minor User should be accompanied by an adult or, for a fee, according to the price list of the Object of using the Service, use the services of a fitness instructor – otherwise, the minor User will not be allowed to use the Service.

Upon registration and upon subsequent updating, the User, respectively his parent or guardian, declares that the provided identity data is accurate, true and complete. The provider is not responsible for wrong, incorrect, incomplete or in any other form inaccurate data provided during registration and/or during subsequent updating.
The provider confirms the completion of the registration by sending the a message to the email address specified in the electronic registration form, containing information about the activation of the user profile.
(1) The acceptance of the General Terms and Conditions by ticking the relevant checkbox and sending the registration form by pressing the relevant button, as well as the declaration of each individual order, constitute electronic statements within the meaning of the Electronic Document and Electronic Authentication Services Act and lead to the confirmation them by the Provider until the conclusion of Contract(s), also referred to below as „Agreements“, between the Provider and the relevant User.

(2) The present General Terms and Conditions, available at the Internet address www.lapalestra.bg, together with all amendments and additions to them and together with every order requested by the User and confirmed (accepted) by the Provider for a particular Service, constitute a contract between the Supplier and the User , leading to the conclusion of an Agreement for the use of the respective ordered Service.

The e-mail address specified in the electronic registration form, or possibly updated subsequently, will be used by the Provider to contact the User, and messages addressed to him will be considered received when they are sent to the User’s e-mail without the need for explicit confirmation of this. The User undertakes to notify the Provider immediately upon changing his/her e-mail address. For the avoidance of doubt, until the Provider is notified of the new email address, the Provider will continue to send messages to the email address with which the user profile is associated.
User registration and ordering can also be done on-site, at the provider’s service facility.

 

V. ORDER FOR PROVISION OF THE SERVICE. ORDER ACCEPTANCE
An order for the provision of the Service can be made on the spot, at the Supplier’s premises.
(1) When a User places an order through the electronic store, the Supplier confirms the acceptance of the order by sending a message to the email address associated with the relevant user profile. It contains information about the ordered service, the General Terms and Conditions, information about conditions, term and method of exercising the right to refuse distance transactions.

(2) The User agrees that e-mails sent by the Provider do not need to be signed with an electronic signature in order to be effective against him.

The statement (Order) for concluding a Contract (Agreement) and the confirmation of its receipt are considered received when they are sent to the indicated electronic addresses, and when the order is made on site – at the moment when the statement is made and accepted.
The Supplier has the right to change the assortment, description and prices of the services offered in the electronic store, and the payment methods without the need to notify the User in advance. Each individual order is executed for a period of time, at a value and under the other conditions expressly indicated to the User before finalizing the respective request. These conditions bind the Provider only within the framework of the relevant order, which is finalized, and the Provider does not guarantee that in the future the User will be able to purchase services under the same conditions.
Ordered Services are received on site at the Supplier’s facility by the User.

 

VI. PARAMETERS, PRICES, METHODS AND TERM OF PAYMENT OF THE SERVICE
The Provider provides, and the User uses the Service, according to the parameters and prices announced on the provider’s website, as well as on information boards at the sites where the services are provided.
The Provider provides the service against payment at a price payable by the User according to the parameters of the service chosen by him.
The User pays the price of the Service in advance – for the entire term of provision of the Service, except in cases where automatic periodic advance payment is provided for in the parameters of the Service (hereinafter referred to as „automatic periodic payment“).
The Provider confirms receipt of payment by activating the Service.
Services, except for those for which only automatic periodic payment is provided in accordance with Section VII, can be paid for using the EasyPay system and/or in cash on the spot – at the Provider’s premises, as well as by automatic periodic payment when is applicable.

 

VII. SPECIFIC TERMS OF USE FOR FITNESS SUBSCRIPTION SERVICES

This Section VII regulates the relationship between the Provider and the Users only when using Fitness Subscription Services, and the clauses in this Section shall take precedence over all other provisions of the General Terms and Conditions.
(1) Any User may purchase Fitness Subscription Services, the Services being provided by the Provider in accordance with the terms of this Section VII and the Agreement concluded with the User.

(2) When purchasing Services under a Fitness Plan Subscription, the User must register their bank card and give consent to perform automatic periodic payment in favor of the Supplier. The periodic payment is realized by automatic withdrawal by the Provider of the corresponding monthly subscription fee for the use of the fitness services – in the manner, on the dates, for the periods and according to the other conditions described in this section.

(1) When choosing automatic periodic payment according to this section, as a method of paying for his subscription, the relevant User gives his consent for the relevant monthly subscription fee to be requested to be withdrawn from his bank card directly by the Provider, without the need for the express authorization of each separate payment by the User.

(2) The periodic payment is in advance (paid in advance each subsequent calendar month) and each monthly subscription installment is always of the same fixed value, explicitly indicated to the User before finalizing the relevant request – with the exception of the first payment, according to the cases described below „First payment“. For the avoidance of doubt, even in this case, the amount of the first payment will be calculated in proportion to the requested days of use of the fitness services based on the fixed price for a whole month, and its amount will be indicated to the User as a final value before payment her.

(3) The Provider’s servicing bank does not charge additional fees for First Payment or periodic automatic payments from the User. The user agrees that his bank may charge additional fees for making payments to the site, and these fees are beyond the control of the service provider.

(4) Registration and Update. Along with the other necessary information, the User himself enters his bank card data electronically after being redirected in the purchase process from the Supplier’s website to the system of „MAYPOS“ EAD or „MAYPOS SERVICES“ EOOD.

(5) The bank card data is entered by the User into the system of „MAYPOS“ EAD or „MAYPOS SERVICES“ EOOD through a secure channel protected by modern cryptographic mechanisms that ensure a high level of security. The User has the right to provide data only on a bank card issued in his name, and the Provider’s employees will be authorized to request the provision of an identity document to certify the fulfillment of this obligation.

(6) The registered card data are stored in an encrypted (protected) form in the system of „MAIPOS“ EAD and „MAIPOS SERVICES“ EOOD. The provider or third parties do not have access to them at any time.

(7) On the dates specified for this, the Supplier submits a request to „MAJPOS“ EAD or „MAJPOS SERVICES“ EOOD to withdraw the amounts in the amount agreed with the User and in accordance with the authorization (consent) given by the User.

(8) If necessary – in the case of a stolen bank card, a card with an expired validity period and other cases – the specified data on the card can be changed by the User by entering the updated data into the system of „MAYPOS“ EAD or „MAYPOS SERVICES“ Ltd., identical to that of initial registration, described above in paragraph 1 of this article. The User should notify the Provider in writing of the update to office@lapalestra.bg. The last data that the User specified at the time of each relevant request from the Provider to withdraw the monthly subscription fee is considered valid.

(9) It is the User’s duty to promptly update the data on his bank card. In the event that the request to withdraw an amount cannot be fulfilled due to failure to fulfill this obligation or due to other reasons dependent on the User, the Provider is not responsible for the non-provision of the service and the refusal to subsequently provide this type of subscription under the same conditions. For the avoidance of doubt, the failure to fulfill the obligation to update the data does not release the User from the obligation to pay for the service.

(10) First payment. The amount of the first payment is calculated according to the date requested by the User for the start of use of the Service.

• In case the User requests the start of the service before the 15th of the current month, the amount of the initial payment will be calculated in proportion to the requested days of visit until the end of the respective month based on the fixed price for the entire month, and will also include the full monthly subscription fee for the 12th (twelfth) calendar month. For example, if the User requests the 10th of a month with 30 days as the start date for using the service, the User will pay an installment for the first payment until the end of that month in the amount of 10/30 of the fixed price for the entire month, together with the fixed price for the 12th (twelfth) calendar month.
• In case the User requests the start of the service after the 15th, inclusive, the amount of the initial payment will be calculated in proportion to the requested days of visit until the end of the respective month based on the fixed price for the entire month, and will also include the full monthly subscription fee for the following and for the 12th (twelfth) calendar month. For example, if the User requests the 15th of a month with 30 days as the start date for using the service, the User will pay an installment for the first payment until the end of this month in the amount of 15/30 of the fixed price for the entire month, as well as the price for the entire following and for the 12th (twelfth) calendar month.

(11) Upon subsequent maturity of an automatic periodic payment, the monthly subscription fee will be requested for withdrawal by the Provider as a fixed equal value for the entire period of the requested subscription.

Subsequent payments. On the 10th of each month, the Provider makes a request to make an automatic periodic payment for the next monthly subscription fee, covering the period of the entire following calendar month (from the first to the last day).
Unable to download. In the event that the subscription payment requested by the Provider cannot be made due to reasons that depend on the User and/or for which the User should have informed the Provider (expired or stolen bank card, insufficient availability on the account, etc.), it The User receives a notification from the Provider by e-mail, with which he is informed that the payment could not be made successfully. In such a case, the relevant user has the right to continue using the Provider’s services until the end of the prepaid subscription period. After the expiration of 15 calendar days from the date of the unsuccessful request, the Provider will make another attempt to request the withdrawal of the amount owed by the User. If even in this case the requested payment is unsuccessful, the Provider will again notify the User in the same way, who will have the opportunity to remove the reasons for the impossibility (by entering the data of a newly issued bank card, by funding an account, etc.) within a period of more 7 calendar days. In the event that even after this 7-day period the payment requested by the Supplier cannot be made again, the Supplier has the right at its discretion and without giving a new additional payment period, to notify the User that it is canceling the Agreement for the provision of services under gym membership at his fault.
Right of termination by the User of the Fitness Subscription services

(12) Except in case of culpable behavior of the Supplier, the User may terminate the Agreement for the use of the Fitness Subscription Service by sending a written, including by e-mail, unilateral notice.

(13) The notice period for termination of the „Fitness Subscription“ service will be determined as follows: the number of days of the calendar month following the month with the date of the notice, and in addition – the following calendar month. Upon expiration of the notice period so determined, the Agreement shall be deemed terminated. For example: if the notice date is February 10 (tenth), the notice period is determined by the number of days after that date until the end of the month of February, together with the days of the month of March, and the Agreement will be considered terminated on the 1 (first) April.

(14) During the notice period for the termination of the Fitness Subscription Service, automatic payment dates will occur according to Art. 26. On the first date of automatic payment, the Agreement has not yet been terminated and a sufficiently long period of its validity remains, therefore the Provider has the right to make a request for periodic payment for the next one-month period. Termination is effective going forward and all amounts already prepaid upon termination, including in the above scenario, are non-refundable. In any case, all periods already prepaid by the User will be able to be used until they expire.

(15) During the notice period for termination of a Fitness Subscription Service with a minimum term of 12 months, automatic payment dates will occur according to Art. 26. On the subsequent automatic payment dates, the Agreement has not yet been terminated and a sufficiently long period of its validity remains, therefore the Supplier has the right to make a request for periodic payment for the remaining subsequent one-month periods. Termination is effective going forward and all amounts already prepaid upon termination, including in the above scenario, are non-refundable. In any case, all periods already prepaid by the User will be able to be used until they expire.

(16) The User can exercise his rights under this clause by filling in the Form for termination of concluded Contracts and sending it to the Provider by e-mail. In this case, the User will be informed on a durable medium (via the e-mail address specified by the User) with a message of receipt of the termination statement. The user can also exercise this right by submitting the completed standard Termination Form by mail to the address Sofia 1407, Cherni Vrah Blvd., No. 175.

The Provider is not responsible for the impossibility of providing this type of subscription if the issuing bank of the User’s bank card does not allow (initially or subsequently) automatic periodic payments, as well as in any other cases not directly dependent on and/or beyond the control of the Supplier.

 

IX. USER RIGHTS AND OBLIGATIONS
The user confirms the accuracy of the personal data indicated by him, declaring that he is familiar with the voluntary nature and conditions for providing and processing personal data, as well as with the consequences of refusing to provide their net. The User expressly agrees that the Provider will process his personal data independently, including disclosing and providing the personal data to other third parties, but only for the purposes provided for in the current legislation.
The User has the right to use the Services purchased by him only personally by declaring that he is familiar with and will comply with the Internal Rules for the use of fitness services.
The user has the right to use LaPalestra.bg and the services offered by the electronic store in good faith, as intended, for personal and non-commercial purposes.
The user is obliged not to carry out actions that may lead to the violation of the security of the electronic store and/or prevent the access of third parties to it.
(1) The user has no right to provide access to his user profile to third parties.

(2) The user is obliged to keep the username and password for accessing his user profile. In the event that a third party gains access to them, the User is obliged to notify the Provider immediately. In the event of failure to fulfill this obligation, the Supplier shall not be liable for any damages suffered by the User.

(3) The provider accepts any identification with the user name and password of the respective user as access carried out by the user himself.

In the event of a change in the identity data specified during registration, the User is obliged to update them in a timely manner, subject to the requirement that they be accurate, true and complete.
(1) The user has no right to provide the card issued to him to third parties. In case the User loses his personal card, he should immediately notify the Provider.

(2) All purchased services are associated with the user profile of the User and can be used until they are exhausted after paying a fee for issuing a new personalized card.

(1) In the case of a purchased Prepaid service, the User has no right before the expiry of the prepaid period to unilaterally terminate the Agreement for the use of the Service, except in case of culpable behavior of the Provider.

(2) When the User uses the Fitness Subscription Services, the Agreement for the provision of the Service is terminated according to the terms and conditions indicated above in Art. 28, 29 and 30 of Section VII.

(3) The user has the right, when it is provided in the parameters of the service, to request and receive a suspension („freeze“) of the use for the period of time specified in the parameters of the Service.

(1) User’s right of refusal. A user, within the meaning of the Consumer Protection Act, who has made a purchase of the Service remotely, has the right, without owing compensation or a penalty and without stating a reason, to withdraw from the concluded Contract for the purchase of services from the Provider within a period of 14 (fourteen) days, counted from the date of confirmation of the order of the Service by the supplier. In order to exercise his right of withdrawal, the User must notify the Provider by means of an unequivocal statement (for example, a letter sent by post or e-mail).

(2) Form of waiver. To exercise the right of withdrawal, the User may use a sample withdrawal form, but this is not mandatory. The User may complete and submit electronically the standard opt-out form or other unambiguous application on the Provider’s website. If the User uses this possibility, the Provider will send the User a confirmation of receipt of the refusal on a durable medium (for example by e-mail).

(3) Consequences of refusal. If the User withdraws from this contract, the Provider will refund all payments received by the User without undue delay and in any case no later than 14 days from the date on which it was notified of the User’s decision to withdraw from the contract. The refund will be made using the same means of payment used by the User in the initial transaction, unless the User has expressly agreed otherwise; in any case, this refund will not be associated with any costs to the User.

(4) Cancellation after the start of using the subscription. If the User has chosen to start the subscription before the expiration of the cancellation period, the Provider may withhold an amount proportional to the services provided until the notification of the cancellation.

(5) Exceptions to the right of withdrawal. The right of withdrawal does not apply to contracts for services that have been fully performed, if the performance has begun with the express consent of the User and with confirmation by him that he knows that he will lose his right of withdrawal after the full performance of the contract by the of the Supplier.

(6) Procedure for exercising the right of refusal. The User must send a clear statement of his decision to withdraw from the contract to the specified address of the Provider. For this purpose, the User may use the attached standard opt-out form, but this is not mandatory. The statement must contain information for the subscription contract, including date of conclusion and personal data of the User for identification.

(7) Opt-out Contact Information. Opt-out statements can be sent to the following address:

Address of the Supplier: Sofia 1407, Cherni Vrah Blvd., No. 175, or

Email: office@lapalestra.bg,

Phone: 0889 686 655.

(8) Rights and obligations after cancellation. After the User has exercised his right of withdrawal, the Provider will terminate the provision of services under the contract as of the date of receipt of the notification of withdrawal. The user will be notified of the termination of the subscription and all related services.

Right of complaint. The user – a natural person who is a user within the meaning of the Consumer Protection Act, has the right to file a complaint and benefit from the legal guarantee within the meaning of the PPE in case of non-compliance of the provided fitness services with the agreed conditions, in case of lower quality of the services or in the presence of defects in the equipment.

 

X. PROVIDER’S RIGHTS AND OBLIGATIONS
(1) If necessary and with a view to maintaining and improving the quality and security of its services, the Provider may temporarily (planned or accidental) restrict access to LaPalestra.bg.

(2) If necessary, the Supplier has the right to temporarily or permanently limit or change the functionality of LaPalestra.bg and the services offered by the e-shop, and every effort will be made to notify users of this in a timely manner.

By completing the registration and accepting these General Terms and Conditions, the User agrees to receive monthly newsletters, system, promotional and other Service-related messages from the Provider.
(1) In case of impossibility to provide the services requested by the User, the Provider shall notify the User thereof in the shortest possible time.

(2) In the event that the User does not choose to have his order changed, the Agreement, at the request of the User, is terminated and the amount paid by him is refunded in an amount proportional to the unused remainder of the prepaid period for using the Service.

(1) Refund of amounts paid. The Supplier has the obligation to reimburse the relevant User in full for all sums unreasonably received by the User, without undue delay and no later than 14 (fourteen) days, counting from the date on which the reason for reimbursement arose.

(2) The Provider has the obligation to refund the amounts received by using the same means of payment used by the User in the initial transaction, unless the User has accepted an express offer of the Provider to use another means of payment and provided that this is not associated with costs for The user.

(1) Intellectual Property. The electronic store LaPalestra.bg, all its content, as well as the related trademarks are objects of intellectual property, protected under the applicable current Bulgarian and international legislation.

(2) The content of LaPalestra.bg may not be copied and used by third parties without the express written consent of the copyright holder.

(3) When providing access to the electronic store, the Provider reserves all rights, not ceding any of them to its Users. LaPalestra.bg is intended entirely for personal and non-commercial use by the Users of the electronic store.

(4) The Provider has the right to use the comments and recommendations received from its Users for the development of its services in a direct or indirect way without paying remuneration for this.

The Provider and its partners and suppliers are not responsible for the infringement of the rights of third parties by the actions of the User when using the electronic store and/or the services offered therein, in cases including, but not limited to, violation of these General Terms and Conditions.

 

XI. LIMITATION AND DISCLAIMER OF LIABILITY
(1) In its activity, the Provider strives to comply with established commercial practices and to provide high-level services that are available to Users. However, in certain situations it may be necessary to close stores due to renovations, unforeseen events, measures against the COVID-19 pandemic and other circumstances. The Provider is not responsible if, due to objective necessity or reasons beyond its control, it is impossible to provide the Service.

(2) The Provider is not responsible if due to medical, health or other considerations concerning the specific User (including but not limited to: medical recommendations, instructions, opinions, etc.) the Service cannot be provided.

(4) The Provider is not responsible if the User suffers damages in connection with the provision of the Service, due to non-observance of instructions and guidelines when using the devices and designated premises (such as a climbing wall), as well as the instructions and guidelines provided by the service staff at the facility that the User has decided to visit.

(5) The Provider is not responsible for damages that the User has suffered as a result of using the website, to the extent that these damages were not suffered due to culpable behavior (actions or inactions) of the Provider. The Supplier’s culpable behavior should be proven by the User who suffered the damage.

(6) The Provider is not responsible if the user profile of a given User is used by a third party. For the avoidance of doubt, in such a situation, until proven otherwise, all actions will be deemed to have been performed by the User with whom the User Profile is associated.

(7) The provider does not guarantee that all services will be offered for the entire period of existence of the commercial establishments or that the services will retain their original form. The Provider shall not be liable for any suspension of services for any reason.

(8) The Provider is not responsible if a User considers that the content published on the website is offensive or incorrect. In case of errors, the Users undertake to notify the Provider immediately upon their discovery.

(9) The Provider is not responsible if the User loses the Card issued to him. In this case, the User has the obligation to notify the Provider immediately, and the Provider will deactivate the lost Card.

 

XII. CHANGES TO TERMS AND CONDITIONS

(1) The Supplier has the right to unilaterally make amendments and/or additions to these General Terms and Conditions, which will be applied automatically and with future effect to Services for which the Order was placed after the amendment and/or addition to the General Terms and Conditions, as well as to users without registration.

(2) Amendments and additions to these general terms and conditions will not affect Users who have concluded Fitness Subscription Agreements, whose services will continue to be performed according to the general terms and conditions that were in effect when the subscription was concluded.

(3) At the Provider’s discretion, amendments and/or additions may be applied to Users with an unlimited Fitness Subscription, for which Users will be notified within three days of accepting the change in the general terms and conditions, and will be given the opportunity to express their disagree with the change and request to continue receiving the Service under the previous general conditions, or to terminate the contract.

(4) In the event that the User under the preceding paragraph does not object explicitly within the one-month period, it is considered that he accepts the amendments and/or additions and they act in the relations between the parties and bind them in the future.

 

XIII. ADDITIONAL PROVISIONS

For the avoidance of any doubt, the parties agree that the exchange of electronic messages between the Provider and the User at the electronic addresses specified by them will also be considered a written form of communication.
In case of dissatisfaction with the electronic store or the services offered through it, the Provider encourages Users to contact a representative of the company directly in order to attempt to informally resolve the disputes that have arisen. In the event that the User does not wish to use this method or is not satisfied with the Provider’s response, the User has the right to refer the matter to the European Electronic Platform for online resolution of consumer disputes.
The general provisions of Bulgarian and relevant applicable international legislation shall apply to situations not regulated in these General Terms and Conditions.
Invalidity of any of the provisions of these General Terms and Conditions does not lead to the invalidity of the General Terms and Conditions in their entirety.

 

Date of last update of General Terms and Conditions – 15.10.2024,

The general terms and conditions enter into force from 15.10.2024 and were published at the Internet address www.lapalestra.bg on 14.10.2024.