In applying these General Conditions, the following terms and expressions are used in the following meaning:
- – Athletic Fitness – „Athletic Fitness“ Ltd. with headquarters and management address – Sofia, 78 Yanko Sakazov Blvd. entered in the Commercial Register at the Registry Agency with UIC 121616204; VAT registration BG121616204; ID number in the Electronic Register of Personal Data Administrators to CPDP: 129733;
- – AthleticFitness.bg – an e-shop owned by Athletic Fitness, accessible on the internet http://athletic-bg.com/ through which customers have the opportunity to sign contracts (agreements) for the purchase of the services offered by the e-shop
- – Client – every person who has registered under the terms of these General Conditions and has an active client profile for using the e-shop;
- – Client profile – created with the completion of the registration and distinct in the e-shop database a unique profile of the respective client for using AthleticFitness.bg, accessible by entering a username and password;
- – Order – each separate request sent to Athletic Fitness by a customer to purchase services from the e-shop;
- – Services – fitness services offered by Athletic Fitness at the clubs of the chain;
- – Card – personal RFID card, containing the purchased subscription provided for use by the respective customer
- Registration, applicability
2.1. General Conditions govern the relationship between Athletic Fitness and each registered e-shop customer and are available on the website under „General Conditions“.
2.2. To be able to use the e-shop, the client must create their client profile by filling in the electronic registration form.
2.4. In the event that the client is a minor, with the clicking of acceptance of the present General Conditions and the completion of the registration, he declares the consent of his/her parents or trustees for acceptance of these General Conditions and registration. If the client is a minor, the statement of acceptance of these General Conditions and for registration is done by a parent or guardian.
2.5. The acceptance of the general terms and conditions by ticking the relevant form and sending the registration form by pressing the relevant button and confirming each individual order are electronic statements in the meaning of the Electronic Document and Electronic Signature Act and lead to the signing of a contract, also referred to as „agreements“ between Athletic Fitness and the respective customer.
2.6. Upon registration and subsequent updating, the client, his/her parent or guardian, respectively, declares that the provided identity data is accurate, correct and complete.
2.7. Athletic Fitness confirms the completion of the registration by sending a message to the email address specified in the electronic registration form containing the activation of the client profile.
2.8. The email address specified in the electronic registration form, or possibly the subsequently updated, will be used by Athletic Fitness for customer relations, and the messages sent to it will be deemed to have been received by receiving the customer’s e-mail without the need for explicit confirmation of this .
- Rights and obligations of the client
3.1. The Client is obliged to use AthleticFitness.bg and the services offered by the e-shop in good faith, for its intended purpose, for personal and non-commercial purposes.
3.2. The Client is under an obligation not to take any action that may lead to a breach of security of the e-shop and / or impede third party access to it.
3.3. The client is not entitled to grant access to his client profile to third parties. The client is obliged to keep username and password to access his client profile. If a third party has access to them, the client must immediately notify Athletic Fitness. If this obligation is not met, Athletic Fitness will not be liable for any damages suffered by the customer. Athletic Fitness accepts any identification with the customer’s username and password as access by the customer himself.
3.4. In case of change of identity data listed in the registration, the client is obliged to update them in due course in accordance with the requirement that they be accurate, correct and complete.
3.5. The Client can’t give his issued card to third parties. In case the customer loses his/her personal card, he/she should immediately notify Athletic Fitness for this. All purchased subscriptions are associated with the client personal profile and can be used until they are expired after a fee for issuing a new personalized card has been paid.
- Rights and obligations of Athletic Fitness
4.1. If necessary, and in order to maintain and improve the quality and safety of the Athletic Fitness services, Athletic Fitness may temporarily (scheduled or incidental) restrict access to AthleticFitness.bg.
4.2. Whenever necessary, Athletic Fitness has the right to temporarily or permanently restrict or alter the functionality of AthleticFitness.bg and the services offered by the e-shop, and will be endeavor to promptly notify customers of this.
4.3. Upon completion of the registration and acceptance of these General Conditions, the client agrees to receive monthly bulletins, system, promotional and other service related messages from Athletic Fitness.
5.1. Athletic Fitness has the right to change the assortment, description and prices of services offered in the e-shop, prices and payment methods. Each individual order is executed for a period of time, in value and under other terms and conditions expressly indicated to the customer prior to finalization of the respective request. These conditions bind Athletic Fitness only within the relevant order that is finalized, as Athletic Fitness does not guarantee that in the future the customer will be able to purchase services under the same conditions.
5.2. Athletic Fitness confirms acceptance of the order by sending a message to the email address associated with the client profile.
5.3.. Purchased cards containing service packs are received at the selected Athletic Fitness club by the client.
- Payment methods
6.1. Services can be paid through EasyPay system, and also by credit card and/or cash at the premises of Athletic Fitness.
6.2. Automatic recurring prepayment
6.2.1. General considerations
- a) Each client may purchase a subscription for an initial fixed period of at least 12 consecutive full months („annual subscription“) at preferential price terms by registering his credit card and giving consent to make an automatic, recurring advance payment in favor of Athletic Fitness (below in this section for convenience called „recurring payment“). The recurring payment is made by automatically withdrawing from Athletic Fitness the corresponding monthly subscription fee („subscription fee“) for the use of fitness services – in the amount, by the way, the dates, the periods and the other conditions described in this section.
- b) When selecting recurring payment according to this section, as the method of payment of its annual subscription, the respective client gives its consent that the respective monthly subscription fee be claimed to be withdrawn from his credit card directly from Athletic Fitness without the need for the explicit authorization of any individual payment by the customer.
- c) The recurring payment is prepaid and each monthly fee is always of the same fixed amount, explicitly indicated to the client prior to finalizing the respective application – except for the first payment, according to the cases described in the subsection „First payment“ below. For the avoidance of doubt, even in this case, the amount of the first payment will be calculated in proportion to the stated days of use of the fitness services based on the fixed price for a whole month, and the amount will be referred to the customer as the final value before the payment .
6.2.2. Registration and update
- a) Along with the other necessary information, the customer himself introduces the data credit card electronically after redirecting the purchase from the Athletic Fitness website to the First Investment Bank’s system. The client is only allowed to provide data on a card issued in his/her name, with Athletic Fitness employees being authorized to require the provision of an identity document to certify the fulfillment of this obligation. The data of the credit card is entered by the client in the First Investment Bank’s system on a secure channel, protected by modern cryptographic mechanisms, which ensure a high level of security. The registered card data is stored in an encrypted form in the First Investment Bank AD system. Athletic Fitness or third parties have no access to it at any time. At the specified dates Athletic Fitness applies to First Investment Bank AD to withdraw the amount agreed with the client and according to the client’s authorization (consent).
- b) If necessary – in case of stolen card, expired card or other cases – the card information can be changed by the customer by entering the updated data in the First Investment Bank’s system in a sequence identical to this for the initial registration described in Art. 6.2.2 (a). The client should notify Athletic Fitness in writing about the update at firstname.lastname@example.org. For valid is considered the latest information the client has entered at the time of each relevant request from Athletic Fitness to withdraw the monthly subscription fee.
- c) It is the customer’s responsibility to update the details of his/her credit card in a timely manner. In the event that the withdrawal request can not be executed, the event of non-performance of this obligation or due to other customer-related reasons, Athletic Fitness is not responsible for the non-provision of the service and the refusal to provide this type of subscription under the same conditions.
6.2.3. First payment
а) The amount of the first payment is calculated according to the client’s start date of the service, the amount of the initial payment will be calculated in proportion to the requested days of visit to the end of the relevant month based on the fixed price for a whole month, subscription fee and for the next calendar month.
- b) If for example the client start date for the service is 15th of a month woth 30 days, then the client will pay till the end of the month at the rate of 15/30 of the fixed price for a full month, as well as the price for the entire next calendar month. In any case, the amount of the first payment, as well as the periods to which it relates, will be indicated to the customer as the final value before payment.
- c) Upon a subsequent date of payment of a recurring payment, the monthly subscription fee will be claimed for withdrawal by Athletic Fitness at a flat-rate for the entire subscription period.
- d) Except when the requested start date is the first day of the month, the reporting of the original 12-month fixed term begins on the first day of the month following the requested start date.
6.2.4. Subsequent payments
On the 20th of each month, Athletic Fitness makes a request to make an automatic recurring payment for the next subscription fee for the entire next calendar month.
6.2.5. Failure to withdraw
In the event that subscription fee claimed by Athletic Fitness can not be withdraw for client-specific reasons and / or for which the client should have informed Athletic Fitness (expired or stolen bank card, insufficient account balance, etc.), the client receives a notification from Athletic Fitness by e-mail or telephone, informing them that the payment could not be successfully made. In such a case the respective client can continue to use the services of Athletic Fitness until the expiration of the signed period. Upon expiration of 10 calendar days from the date of the unsuccessful request, Athletic Fitness will attempt to withdraw the amount due from the client. If in this case the payment request is unsuccessful, the client will be able to remove the reasons for the failure (by entering the information on newly issued card, etc.) within a further 7 calendar days. In the event that after this 7-day period, the payment issued by Athletic Fitness can not be re-executed, the agreement between the parties will be deemed to have been terminated by the client’s fault, resulting to the following consequences. In case of extraordinary circumstances preventing the client from eliminating the reasons for failure to pay, he should notify Athletic Fitness for this circumstance at email@example.com, at the discretion of Athletic Fitness, the respective client may be given additional period.
- a) In the initial 12-month fixed term (possibly extended by the initial payment period), the client is entitled to request a cancellation by filling out an on-site cancellation form at the Athletic Fitness clubs or through the form in the Athletic Fitness The latter should be filled and sent to firstname.lastname@example.org.
- b) The cancellation should be filled and send at least 30 days in advance. In the event that within this 30-day period a recurring payment date is due, according to 6.2.3(c) Athletic Fitness has the right to make a request for recurring payment for the next one-month period. The cancellation is valid for the future, and all pre -paid amounts, including the upper mentioned hypothesis, are non- refundable. In any case, all prepaid periods will be available until they expire.
- c) Despite the opt-out, the exercise of this opportunity will be considered by Athletic Fitness as a violation of agreement between Athletic Fitness and the respective clinet for a fixed 12-month period for the respective price – given that the price provided is preferential and is with a view to requesting a long-term package. In this respect, Athletic Fitness has the right to refuse to provide the conditions for this type of subscription to the same client, in which case all other options for paying visits to Athletic Fitness clubs remain at the client’s disposal. Refusal to re-grant the preferential terms of this type of subscription is within the right of Athletic Fitness and in all other cases when the agreement is terminated by the client’s fault, for example, but not limited to, in the case of termination according to section „Failure to withdraw„.
After a total of 12 complete months for which all monthly subscription fees have been successfully paid, and after reporting the possible extension of this period with the initial payment period, the agreement between Athletic Fitness and the client is automatically transformed from a temporary in indefinite. The service will continue to be provided by Athletic Fitness for the same subsciption fee as the client has paid up till now, as well as the other arrangements set forth in these General Conditions. The cancellation should be exercised in order, within the term and according to all other conditions of Art. 6.2.6, letters „a“ and „b“. Upon termination under this conditions the penalty under Art. 6.2.6, letter „c“ does not apply .
Athletic Fitness is not responsible for the inability to provide this type of subscription if the bank issuing the credit card of the client does not allow (initially or subsequently) automatic recurring payments, as well as in any other cases directly or indirectly beyond the control of Athletic Fitness.
- User rights
7.1. Right of cancellarion
7.1.1. A client who is a consumer within the meaning of the Consumer Protection Act and has made a distance purchase is entitled, without due compensation or penalty and without giving any reason, to cancel the contract for the purchase of services from Athletic Fitness in 14 (fourteen) business days from the date of the order.
7.1.2. client may exercise this right by sending a written notice to Athletic Fitness via email within a the specified time on an to cancel the contract.
7.2. Terms of refund
7.2.1. Athletic Fitness has the obligation to reimburse the customer in full the sums received without undue delay and no later than 14 (fourteen) days from the date on which he was notified of the client’s decision to exercise the right of cancellation of the contract, except in the following cases:
- By accepting these General Terms and Conditions, the customer, who is a consumer within the meaning of the Consumer Protection Act and has made a distance purchase, declares for the purposes of Art. 49 of the Consumer Protection Act that requires Athletic Fitness to provide the services before expiry of the period for exercising his right of cancellation. When the package (subscription) is for a period of time, Athletic Fitness deducts from the amount that it reimburses to the client proportionaly of what has actually been paid to him until the moment the client’s right of cancellation has been exercised.
7.2.2. Athletic Fitness has the obligation to reimburse the amounts received by using the same payment method used by the client in the original transaction unless the client has explicitly accepted an Athletic Fitness offer for use of another means of payment and provided this is not cost-related to the client.
7.2.3. In case of inability to provide the services requested by the client, Athletic Fitness will notify the client as soon as possible and in the event that the client does not choose his order to be changed, the amount paid by the client is refunded in full by using the same means of payment used by the client in the original transaction, unless the client has explicitly accepted an Athletic Fitness offer for use of another means of payment and provided that it is not cost-related to the client.
- Termination of relations between the parties
8.1. Relations between the parties may be terminated in the following cases:
8.1.1. In the case of a request from the client for voluntary closure of the client profile or withdrawal of consent for the processing of personal data;
8.1.3. In the event of objective reasons making the performance of the contract impossible;
8.2. In the above cases, the client’s account is closed and access to that account is suspended. In this case, the service packages purchased may be used by the respective client until they are exhausted, except when the termination is done unilaterally by Athletic Fitness in the hypotheses mentioned in this section.
- Intellectual Property
9.1. The e-shop AthleticFitness.bg, its entire content, as well as its associated trademarks, are intellectual property sites protected under the applicable Bulgarian and international legislation. The content of AthleticFitness.bg can not be copied and used by third parties without the express written consent of the copyright holder.
9.2. When granting access to the e-shop, Athletic Fitness reserves all rights, without giving any of them to its clients. AthleticFitness.bg is intended solely for personal and non-commercial use by the cliens of the e-shop.
9.3. Athletic Fitness has the right to use comments and recommendations received from its clients to develop its services in a direct or indirect way without paying any remuneration.
- Limitation of liability
10.1. Athletic Fitness does not bear, in the full amount of the eligible limits under the applicable law, liability for the material and non-material damages suffered by the client, incurred losses or lost profits, occurring, for example, in the following non-exhaustively listed hypotheses:
–violation of the General Conditions and/or Terms and conditions of Athletic Fitness by the customer:
–technical problems due to the use of the e-shop;
–temporarily limited access to e-shop;
– in case of incorrect information provided by the client;
– due to the availability or lack of specific information provided through AthleticFitness.bg;
– when using the services offered by the e-shop.
10.2. In any case, Athletic Fitness‘s maximum liability is limited to the amount of service charges paid by the customer.
10.3. Athletic Fitness and its affiliates and suppliers are not responsible for the infringement of the rights of third parties with the actions of the customer in the use of the e-shop and / or the services offered therein in hypotheses including, but not limited to, breach of these General Conditions .
- Changes in the General Conditions
11.1. Whenever necessary, Athletic Fitness has the right to unilaterally make changes and / or additions to these General and Conditions.
11.2. In the event of substantial amendments and/or additions to these General Conditions, Athletic Fitness notifies customers by providing them with a two-week notice period for changes.
11.3. In the given two-week period, clients may request with an explicit written notice to Athletic Fitness that they do not accept the amendments and/or additions to the General Conditions. In this case, the relevant client profile is closed and the relations between the parties are terminated.
11.4. If the client does not expressly object within the two-week period, he / she is deemed to accept the amendments and / or additions and they act in the relations between the parties and bind them in the future.
11.5. Amendments and / or additions to these General Conditions do not affect the relationship between Athletic Fitness and the client that occurred prior to the relevant changes in relation to valid orders, accepted and executed.
- Dispute settlement, other provisions
12.1. In the event of dissatisfaction with the e-shop or the services offered through it, Athletic Fitness encourages clients to contact a representative of the company directly using one of the following contact options to attempt an informal resolution of disputes. In case the client does not want to use this method or is not satisfied with the Athletic Fitness response, the client’s right is to refer the matter to the European Electronic platform for online consumer dispute resolution.
12.2. For the situations not set in these General Conditions the general provisions of Bulgarian and relevant applicable international law shall apply.
12.3. Invalidity of any of the provisions of these General Conditions shall not invalidate the General Conditions in their entirety.
- 5 Luchezar Stanchev str., Sopharma Business Towers, tower A, fr.4
1756 Sofia, Bulgaria
- mob.: 0889 140 264
Last change made: 23.05.2018