Please, read this document carefully and make sure that you clearly understand its content.
The website fitnessrum.com is supported by: “FITNES VKASHTI” EOOD, Unified Identification Code 203993395, registered address: Republic of Bulgaria, Sofia, 52 Parchevich Street, 4th floor, apartment 9, general manager – Rumyana Ilieva, hereinafter referred to as the “Provider” of the website services.
Any person who visits the website fitnessrum.com, regardless of their understanding or use of its content, whether they open the website links to its components or other websites or not, shall be hereinafter referred to as a website “User”.
IMPORTANT! By using the Provider’s website (fitnessrum.com), you agree to these General Terms unconditionally and without any restrictions.
DETAILS ABOUT THE PROVIDER
Information under the Electronic Commerce Act:
1. Name: “FITNESS VKASHTI” EOOD
2. Permanent address: Sofia, 52 Parchevich Street, 4th floor, apartment 9
3. Correspondence address:
• Telephone: +359878983850
• E-mail: firstname.lastname@example.org
• Registration in the Commercial Register: Unified Identification Code: 203993395
Scope of Business
The website fitnessrum.com contains information, videos and other materials that are related to healthy lifestyle and maintaining a good physical condition.
The website fitnessrum.com offers various paid services/products, such as video files with whole body exercises, meal plans, combinations of meal plans and exercise plans and other products and services related to having a healthy lifestyle and maintaining good physical activity, hereinafter referred to as “paid materials”.
The information in the website fitnessrum.com can be viewed, downloaded on a personal computer/electronic device and printed solely for personal and non-commercial/non-business use by the website users.
The information in fitnessrum.com may not be changed, copied, published, fully or partially modified, disseminated to other entities or stored on another server by persons other than the Provider without the express consent of the latter.
The use, dissemination and/or full or partial modification of photographs, videos and graphic materials published on fitnessrum.com is strictly forbidden. All photographs, videos and graphic materials on the website are protected by the copyright of their inventor and/or user by virtue of an express contract. Any such actions may be treated as violation of copyrights and pursued in accordance with the Copyright and Related Rights Act (Art. 94 et seq. of the Copyright and Related Rights Act).
The website fitnessrum.com is not intended to convince the user to use the information they have received on the website for themselves or for another person. The Provider shall not be liable for any damages caused as a result of the use of materials and information published on the website.
The Provider hereby informs the User that the latter shall consult a doctor before undertaking any physical exercise or a meal plan.
For the users’ convenience, links to external websites are published on fitnessrum.com. The General Terms do not apply to the websites fitnessrum.com may redirect to through a link or otherwise. Therefore, when using other websites, we strongly advise you to familiarise yourself with their general terms. The Provider shall not be liable for their content, the accuracy of the information therein or their proper functioning.
The Provider hereby informs the User that the website fitnessrum.com is only intended for publication of information and materials on healthy lifestyle and not for providing any counselling related to any User’s problems with respect to eating, weight or other problems of personal nature.
On this website, Users may publish comments, notes, suggestions, ideas or reviews on the website content and structure; they may ask questions, as long as the content thereof is not illegal, obscene, threatening, defamatory and/or affecting anyone’s privacy or the intellectual property rights of fitnessrum.com and/or third parties; the content published by the user shall not contain viruses; the client shall not conduct political/election campaigns, SPAM, mass messaging or any other form of SPAM. The use of a fake e-mail address or someone else’s identity is prohibited. Fitnessrum.com reserves the right to remove and/or edit any such information. Any information sent to the contact addresses will be used by taking due account of the personal data protection regulations.
These General Terms do not constitute a sale and do not provide you with any property rights on or with respect to the Website or any intellectual property rights held by the Provider.
The Provider shall not be liable for the content of any materials provided and/or sent by the Users. The Provider may remove any material sent by a User at any time and at their sole discretion.
The Provider shall not be liable for any losses – direct, indirect or incidental damages or lost profit arising from or related to the User’s access to the use of the website and/or the paid materials.
All physical exercises and meal plans developed under individual regimens ordered by clients have been developed by taking due account of the information provided by the specific user. The free materials have been developed based on the assumption for normally foreseeable good overall health status of the user. If the information provided is incomplete, unclear or inaccurate, or if you have not consulted a doctor, the provider shall not be liable for any damages suffered by the User or third parties because of making the physical exercises or following the meal plans provided by both the paid and the free versions of the website.
The Provider shall not be liable for the content and the services provided by other websites the links to which are contained on this website.
The Provider will inform the user about their readiness to help them with any problem related to the use of the website fitnessrum.com, for which the latter shall contact them on the following e-mail address: email@example.com.
If an article or part of these general terms becomes invalid or inapplicable, this shall not affect the remaining part of the terms.
The Bulgarian legislation shall be applied with respect to any matters that have not been considered and/or any disputes that have arisen.
YOU hereby declare that you have familiarised yourself with these General Terms and by clicking/tapping any electronic link on the home page, except for the one containing these general terms of the website, you hereby electronically declare that:
1. You are willing to use the services and resources offered by the website fitnessrum.com;
2. You consent to these General Terms of fitnessrum.com and shall be bound by them until you leave the website.
3. You are a capable person and above 18 years of age and/or you have the consent of your adult parent/guardian to receive and access the paid materials.
4. You are familiar with the terms for reimbursement of any amounts paid and you are receiving individual products in digital form, which are not delivered in hard copy, and you are aware that this means you will lose your consumer right of withdrawal from a distance contract.
Information about the service
The Provider offers various paid materials and/or services on the website fitnessrum.com, the price for which is indicated at a visible place. You can find additional information on the website www.fitnessrum.com.
The Provider may also provide other materials as a bonus (free of charge) at their discretion in addition to the paid materials indicated and other materials that are part thereof, which are related to maintaining the good physical condition of the body.
The individual meal plans offered by the provider are in the form of electronic books in PDF format. An electronic book shall be defined as any text and/or pictures in pdf format which has been developed by a specific author on a specific topic.
The user will receive information about the content and price of each electronic book offered on the website fitnessrum.com.
The user may request access to the paid materials on the website fitnessrum.com by payment of the indicated price via debit or credit card payment or via PayPal platform.
The Provider may also offer a paid exercise and/or mean plan for a certain period for a fee paid by the user. Payment of the indicated price guarantees that the user will have access for a certain period (for convenience, one month shall be considered a period of thirty days) to the relevant number of new video files with whole body exercise plans and/or electronic books. The user is not obliged and may continue to pay the price of the plan for a subsequent period at their sole discretion.
Please, consider the platform settings! 1 month = 30 calendar days. For a service for a defined period, the user shall pay the amount for the entire period with the first payment. If, for example, the user chooses a 6-month plan, they shall pay the entire amount for all 6 months in one instalment at the start of the service activation and will be able to use the respective service during the following 6 months. If the user is willing to renew the plan for another period of 6 months, they shall pay the entire amount again and their access will be extended by another period of 6 months.
The terms under which the User may receive access to a paid programme are described on the website of the respective programme.
Payment for the website paid materials
The prices for paid materials indicated on the website fitnessrum.com are in EUR and shall be deemed final (no additional taxes and fees will be charged on them by the provider). The Provider reserves the right to change any prices of the goods and services offered on the website fitnessrum.com at their discretion and at any time, without the obligation to send a prior notice to the User.
The User shall pay the price for the product or service that is indicated at the time of the purchase, irrespective of any subsequent change.
The price shall be paid via the user’s debit or credit card through the www.PayPal.com system for electronic payments via the Internet, which guarantees and is responsible for the security of the payments performed with it, or via www.PayPal.com.
The Provider does not have access to your bank card details.
When the price for paid materials is paid from a user’s bank account that is not in euro, the user’s bank will conduct conversion based on its currency exchange rates as of the date of the purchase.
The electronic payments system does not charge any tax/fee payable by the user.
Registration for the website paid materials
After payment via PayPal.com, a debit or credit card, the User will receive access to the paid materials on the website fitnessrum.com immediately after making a valid payment of the indicated price. For security reasons, the provider has determined a maximum period of 72 hours from the time of payment of the price for provision of access to the website paid materials.
After payment, the user can log in at fitnessrum.com by entering their user name and password they will automatically receive on their e-mail and which they can change at any time. The users shall provide accurate and up-to-date information upon registration. Otherwise, the provider shall not be liable for failure to provide and/or failure to fulfil an order for receiving paid materials, irrespective of the proper payment therefor. If the user has not written their e-mail address correctly upon purchasing a given programme, there is no way to activate the service on their actual e-mail address.
The user shall be entitled to terminate their registration on the website fitnessrum.com at any time, after which their user credentials and the information about the paid materials provided will be deleted from the website.
In case of an order for an individual meal plan, the User and the Provider shall first agree on the required period for development of the meal plan. Meal plans are developed after completing a personal questionnaire and after specifying the user’s requirements and eating habits and therefore the required periods for development of a meal plan are agreed on a case by case basis. The period shall start on the date of payment for the service and may be changed by the provider with the consent of the user.
Characteristics of the paid materials and services
The Provider delivers the video files with exercise plans that are part of the paid materials on the website fitnessrum.com through the VIMEO platform. The user will not receive the video files. They can use them online during the access period defined for each programme.
The Provider delivers the electronic books that are part of the paid materials on the website fitnessrum.com in PDF format and they can be downloaded and stored on the user’s personal computer or DVD solely for their individual use.
The user shall have an installed PDF viewer, such as Adobe Acrobat Reader, in order to be able to view the electronic books on a personal computer/electronic device.
The Provider hereby declares that the videos with physical exercises have not been prepared by a doctor or by a person with a medical degree and recommends the user to consult a doctor before starting to use them.
The Provider hereby informs the user that in case of any disease, malaise or doubt for any disease, or in case of pregnancy or breastfeeding, the user needs to consult a doctor before starting with the physical exercises for the body and/or the meal plan.
REGISTRATION AND PERSONAL DATA
1. In order to register at fitnessrum.com, you need to do the following:
Fill in the electronic registration form with your complete and accurate personal details and other data required by the Provider’s electronic form. The Customer hereby declares that the data they have provided during the registration process are correct, complete and accurate and that they will update them in due time in case of any change thereto.
IMPORTANT! When creating your registration, you will fill in your PERSONAL DATA.
2. Data we collect:
3. Your personal data collected and processed by fitnessrum.com will be used for the following purposes:
– customer identification and binding the respective customer with the orders they have placed;
– advertising and marketing purposes;
– sending you messages with information.
4. How we use the information we have collected:
We require this information in order to register you, so that you can receive information about the goods and services offered by us, in order to respond to your inquiries, for provision of services related to our business, for purchasing our goods and for statistical and marketing purposes (including direct marketing).
We will not share your personal data with third parties, unless we are required to do so by the law or by the competent authorities.
We hereby assure you that the team of “FITNES VKASHTI” EOOD exercises due care and uses advanced technologies to ensure protection of your personal data and to prevent any unauthorised access to them.
You can withdraw your consent given to us to process your personal data at any time. Accordingly, you should be aware that some of the functions and services we offer may become unavailable for you if we stop processing your personal data.
You can request the deletion of the personal data you have provided to us.
You can make your request in the following manner: by sending us an e-mail message to: firstname.lastname@example.org.
5. We, as the Provider, will confirm your registration as a Customer by sending you a confirmation letter to the electronic address you have indicated during the sign up process. We will also send a confirmation to the same e-mail address, if we receive a request for deleting your personal data. This is how we guarantee your right “to be forgotten”.
6. If the details you have provided upon registration are incorrect, fitnessrum.com shall be entitled to cease the maintenance of your registration and your access to your client profile without notice.
7. fitnessrum.com shall not be liable for any goods ordered from our platform that have not been received as a result of incorrect or inaccurately filled in details during the order or registration process.
8. By creating a Customer profile, you make an electronic statement within the meaning of the Electronic Document and Electronic Signature Act and you declare that you are familiar with these General Terms and Conditions and that you agree to be bound thereby.
9. After expressing your acceptance of these General Terms, you will be able to place valid orders for purchase of the goods and/or services offered via fitnessrum.com.
10. These General Terms may be amended unilaterally by the Supplier and shall enter into force at the time they are published on the website fitnessrum.com
11. In case of amendments to the General Terms and Conditions, we either publish them at a visible place or we notify you in your customer profile by indicating the text of the amendments or an electronic link to the website where the amended General Terms and Conditions are available.
12. Our customers can file claims, make statements related to the orders placed and provide recommendations for improving the service at the indicated addresses for communication. The claims will be reviewed within a reasonable time depending on their specific subject matter.
Personal Data Protection
All personal data of the user that are necessary for payment of the paid materials on the website fitnessrum.com are processed in strict confidence and will be only provided to entities related to the payment of delivery in accordance with the Personal Data Protection Act.
By accepting the General Terms, the user agrees to the collection of their personal data ONLY for the purpose of payment for the paid materials on the website fitnessrum.com. For this purpose, the personal data will be collected, processed and stored directly by the system for electronic payments on the Internet – www.PayPal.com. The Supplier will NOT collect, process or store any personal data of the user.
Reimbursement of a paid fee
In case of a technical issue or another problem that is beyond the control of the user and cannot be eliminated by the user, preventing them to access the paid materials on the website fitnessrum.com after a valid payment of the fee and/or the price, the user shall immediately inform the provider on the following e-mail address: email@example.com. If the problem cannot be resolved within 72 hours of the payment made, the provider will reimburse the fee paid by the user within 5 business days after expiration of this period of 72 hours.
The provider will not reimburse a fee and/or price paid by a user in cases other than the one mentioned above.
The provider will reimburse the payments received by the same means of payment used by the user for their initial transaction, unless the user has expressed their firm consent to use another means of payment and provided that this does not involve additional costs for the provider.
Special clauses applicable to persons acting as consumers within the meaning of the Consumer Protection Act
These rules shall only apply to Consumers for whom, based on the data indicated for conclusion of a contract for purchase and sale or during their registration in fitnessrum.com, it can be concluded that they are consumers within the meaning of the Consumer Protection Act, the Electronic Commerce Act and/or Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
The website fitnessrum.com Provider does not offer, organise or conduct deliveries of prescription medicines to persons acting as consumers.
The “paid materials” offered by the website fitnessrum.com, such as video files with whole body exercises, meal plans, combinations of meal plans and exercise plans and other products and services related to having a healthy lifestyle and maintaining good physical activity, constitute goods and/or services, for which the law has envisaged the possibility for exercising the right of withdrawal or return.
According to the provisions of the Consumer Protection Act (Art. 57 et seq.), the consumer’s right of withdrawal shall not apply to: delivery of custom-made products or products made based on the consumer’s individual requirements; delivery of sealed audio recordings or video recordings or of sealed computer software, which has been unsealed after delivery; delivery of digital content which is not provided in hard copy, when the fulfilment of the contract has started with the express consent of the consumer, who has confirmed that they are aware that they will lose their right of withdrawal by using such a product.
All rights reserved! “FITNES VKASHTI” EOOD
Last revision on 13 November 2020
(1) Commission for Personal Data Protection
Address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
(2) Consumer Protection Commission
Address: Sofia 1000, 4A Slaveykov Blvd., 3rd, 4th and 6th floor,
fax: 02 / 988 42 18
hotline: 0700 111 22
(3) Commission for Protection of Competition
Sofia 1000, 18 Vitosha Blvd.
Telephone: (02) 935 61 13
Fax: (02) 980 73 15
Email: firstname.lastname@example.org; email@example.com