GENERAL TERMS AND CONDITIONS

of the company New Fitness Distribution d.o.o. Belgrade-Vračar

 

I Introduction.

These General Terms and Conditions (hereinafter: General Terms and Conditions or Terms) define the terms of sale through the website at nonstopfitness.rs, under Articles 142-143 of the Law on obligations of the Republic of Serbia (“Official Gazette of SFRY“, no. 29/78, 39/85, 45/89 – decision of the CCY and 57/89, “Official Gazette of the FRY“, no. 31/93 and “Official Gazette of Serbia and Montenegro“, no. 1/2003 – Constitutional Charter). These General Terms and Conditions define all relations between the Seller and the Customer regarding the sale through the Seller’s web store, under the applicable regulations of the Republic of Serbia.

By purchasing through the nonstopfitness.rs website, the Customer fully agrees with the content and of these General Terms and Conditions of the Seller to all relations between the Seller and the Customer regarding the purchase and the provision of Services, unless expressly agreed otherwise in writing between the Seller and the Customer. These General Terms and Conditions define the rights and obligations of the Customer towards the Services Provider concerning the use of the Services.

These General Terms and Conditions define as follows:

• General conditions of purchase and use of Services;
• Resolving Customer Complaints;
• The Customer’s right to withdraw from the Contract and other Customer’s rights under the Law on Consumer Protection;
• General conditions for collecting, using and processing the Customer’s data;
• other issues of importance for the Contractual relationship between the Seller and the Customer.

 

II Definitions.

For the purpose of these Terms, the following words and expressions shall have the meanings defined herein:

• Seller – New Fitness Distribution d.o.o. Belgrade-Vračar, a company established and registered in accordance with the regulations of the Republic of Serbia with its registered office at the address: 1, Rudnička St., Belgrade- Vračar, company reg. no.: 21460087, TIN: 111310591, whose prevailing registered activity is 4690 non-specialized wholesale, contact telephone: 0114056590;

• Customer – a natural person or a legal entity that purchases through nonstopfitness.rs website the Services from the Seller provided by the Service Provider;

• Services – fitness and recreation services sold by the Seller through nonstopfitness.rs web store, provided to the Customers by the Service Provider,

• Billing period – the period specified by the Customer at the time of purchase (for example, daily, weekly, monthly, six-month period etc.) in which the Customer is entitled to use the purchased Services with the Service Provider, counting from the day of purchase until the last hour, last day of the selected period.

• Service Provider – NON STOP FITNESS DOO BELGRADE-VRAČAR, a company established and registered in accordance with the regulations of the Republic of Serbia with its registered office at the address: 1, Rudnička St., Belgrade- Vračar, company reg. no.: 21106364, TIN: 108988929, whose prevailing registered activity is 9313, activities of fitness clubs (u hereinafter collectively referred to as Non Stop Fitness).

• Membership card – Personal and non-transferable means of identification of the Customer with the Service Provider, primarily an application with unique access parameters for the respective Customer, which the Customer will install on his mobile phone, and exceptionally only if the Customer is unable to install the application on his phone in a paper or plastic card form.

 

III General conditions of purchase and use of the Services.

This part of the Terms regulates the conditions under which the Seller sells and the Buyer buys and uses the Services through the web store.

1. By purchasing a certain package of Services, through the web store, the User acquires the right to use the purchased Package of Services within the specified Billing Period. The Service Provider, i.e., the Seller, shall not be liable if the Customer does not use the purchased Service Package for reasons related to the Buyer and is not obliged to refund the price paid to the Buyer. This does not affect the right of the Buyer to terminate the Contract concluded at a distance, i.e., outside the Seller’s business premises, in accordance with the Law on Consumer Protection and these Terms.
2. The Buyer also has the option to choose to use a certain package of Services for an indefinite period, i.e., in a way that the right to use the selected package of Services is extended until the Buyer decides otherwise (Recurring Payment). In this case, the Buyer’s right to use the identical package of Services in the next identical Billing Period will be extended after the expiration of each Billing Period and the Buyer by accepting these Terms authorizes the Seller to charge him the same fee for the same billing period. During a certain Billing Period, the Buyer may decide not to use the Services of the Service Provider in the next Billing Period, in which case he is obliged to unsubscribe from further use of the Services in the next Billing Period, until the expiration of the current Billing Period.

If the Buyer who has decided to use the Recurring Payment option decides that s/he does not want to use the services of the Service Provider in the Billing Period that has already begun and for which the fee has been charged, the Service Provider or the Seller is not obliged to refund the fee. If the Buyer chooses not to use the services of the Service Provider in the following Billing Period, the Buyer reserves the full right to use the purchased Services in the current Billing Period, until its expiration.

If the Buyer uses the Services through a Recurring Payment, the Seller reserves the right to change the price of a certain package of Services during a certain Billing Period. In the event of such change, it will be binding on the Buyer in the first Billing Period following a period of 30 days from the date when the Seller notified the Buyer of the change, and the Buyer did not cancel further use of the Services.

The Customer may choose not to use the services of the Service Provider in the following Billing Period through the Recurring Payment by submitting a request for deactivation of the Recurring Payment in person, along with the appropriate ID document in the fitness centre s/he chose when applying for the use of services. This is necessary for technical reasons of the system operation, as well as to prevent potential misuse of the Customer’s payment card.

3. The Service package is purchased exclusively electronically, through online payment cards. When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using SSL protocols and PKI systems, as currently state-of-the-art cryptographic technology. Data security at the time of purchase is guaranteed by the payment card processor ChipCard a.d. Belgrade, so the complete billing process is done on the ChipCard website.

At no time is payment card information available to our system. The Seller will not personally request and archive from the Customer in any electronic form, data related to the payment card with which the transaction is realized, and especially the card number, expiration date, CVC2 and CVV number, etc. After the purchase, the User will be sent an email with a confirmation and ID number, based on when s/he acquires the right to use the selected and purchased Service package. The specified certificate with the ID number, the Buyer is obliged to present to the Service Provider for identification.

Based on the above confirmation, the Buyer will be issued an appropriate membership card with the Service Provider, i.e., on the existing membership card, the Buyer will be extended the period of use of the Services, based on the purchase. After presenting the confirmation with the ID number, the validity of the membership card will be issued to the Buyer and the Buyer may continue to use the Services of the Service Provider only with a valid membership card.

4. The membership card is personal and non-transferable, it is used to identify the users of the Services, keep records of arrivals and payments. The Buyer shall show the membership card at the request of the staff of the Service Provider. The Buyer is responsible for the up-to-dateness of personal data, the exact address and personal contacts provided to the Seller. The data last provided by the Buyer shall be deemed valid unless s/he has notified the Seller or the Service Provider in writing of their change.
5. The customer is not allowed to allow another person to use his/her membership card in any way. If the Buyer has problems with the issuance or extension of the validity of the membership card, or any problems with the confirmation of the purchase, or email with the confirmation of the purchase or the ID number assigned, s/he can contact the Seller.
6. For personal safety, the safety of other Users as well as the safety of staff, and prevention of unauthorized and illegal actions, the Customer shall always have a membership card with him/her during the use of the Services so that s/he can show it to the staff of the Service Provider at any time.
7. The Services of the Service Provider may only be used for training, in a manner defined by the internal rules of the Service Provider. The Customer uses the Services at his own risk and the Seller, and the Service Provider are not responsible for the health condition of the Customer. The Customer is informed about the need to consult with his/her doctor and perform a medical evaluation, before using the services and equipment of the Service Provider.
8. The provision of personal training services in the premises of the Service Provider is allowed only to persons hired by the Service Provider. The provision and/or use of personal training services by third parties entails immediate revocation of membership, without the obligation to refund the membership fee by the Service Provider or the Seller, with the right of the Service Provider to compensation for damages incurred in this way.
9. The Customer declares that s/he voluntarily, at her/his own risk and responsibility, has used the Services of the Service Provider and the use of equipment and facilities under the assumption of the risk of injury or any diseases or health conditions arising from activities in Non Stop Fitness, and the possibility of damage.
10. The Customer agrees and is aware of the fact that the employees and representatives of the Service Provider have no experience in diagnosing, examining and treating any medical conditions. Also, the Buyer agrees not to use Non Stop Fitness in case of any medical condition that includes open wounds, injuries, infections, illnesses and inability to maintain personal hygiene.
11. The Customer agrees and is aware of the fact that the Service Provider is entitled to cease with further provision of Services to the Customers that do not maintain the appropriate level of personal hygiene, thus making other customers uncomfortable while using the same services. Also, the Service Provider is entitled to cease with the further provision of Services to the Buyers that don’t use special and clean shoes and clothes when training, i.e. using the Services (for e.g. training in the same shoes in which they arrived to the fitness center), thus jeopardizing the cleanliness of the fitness center and bringing risk to health of other customers. 
12. The Customer agrees to use the equipment, locker rooms, showers, parking lots or surroundings of the Service Provider at his own risk and to take part at his own risk in any activity, course, program, personal training or any other current or future available program.
13. The Customer agrees to comply with all rules of conduct and house rules set forth by the Service Provider, starting from the moment of using the Services.
14. The Buyer is aware that the Seller and the Service Provider are not responsible for the loss or theft of personal belongings. The Seller and the Service Provider are not responsible for the personal belongings and valuables of the Customer even when locked in the closets.
15. The Buyer is informed that the introduction of alcohol, drugs, doping agents into the premises of the Service Provider, as well as smoking in all premises is prohibited and that the Service Provider will report any illegal activity to the competent state authorities.
16. The Buyer is informed that the introduction, keeping, presentation, and use of all categories of weapons on all Service Provider’s premises is strictly prohibited, regardless of whether he owns the permit to carry weapons and a weapon registration card or not. As a weapon is considered any category listed in Article 4 of the Law on Weapons and Ammunition of the Republic of Serbia. If the Buyer is found to have introduced, kept, presented, or used a weapon during his stay in the Service Provider’s premises, he will be immediately expelled and excluded from membership, without the obligation of the Seller and the Service Provider to return the paid membership fee or pay any other compensation to the excluded Customer.
17. If it is determined that the Buyer was violent or threatened someone, or endangered the safety or peace of mind of someone during his/her stay in the Service Provider’s premises, s/he will be immediately expelled and excluded from membership, without the obligation of the Seller and the Service Provider to return the paid membership fee or pay any other compensation to the excluded Customer.
18. The Customer declares that s/he has been warned that in the case of committing the criminal offence of theft, destruction, and damage to another’s property, as well as in the case of committing any other criminal offence, s/he will be reported to the competent state authorities as soon as possible.
19. The Customer declares that s/he is aware of the fact that the Seller and the Service Provider, in case of causing damage by the Buyer and/or the existence of any civil liability of the Buyer, will exercise all their rights using all available legal means.
20. The Buyer is aware that in case of violation of any of the above rules as well as the rules of conduct displayed in a visible place, the Seller and/or Service Provider will terminate this agreement with the User, without obligation to refund the paid membership fee in full or in part.
21. The Buyer declares that he is informed that the premises of the Service Provider are equipped with security cameras and that the recordings, by order, will be delivered to the competent institutions in accordance with the law.
22. The Buyer declares that he will be acquainted promptly with all other rules of conduct that the Service Provider has pointed out in a visible place.
23. By purchasing the Services, the Buyer accepts that the Seller and the Service Provider may use his data for proper and complete performance of contractual obligations, as well as for marketing and statistical purposes, in accordance with the provisions of the General Terms of Collection, Use and Processing of Personal Data, which are an integral part of these General Terms and Conditions. Revocation of the User that his data is used for marketing and statistical purposes can in no way be a reason for termination of the provision of Services purchased by the Service Provider.
24. The Customer hereby expressly declares that s/he will not make any claims against the Service Provider regarding the use of Services, except for the claims to which he is expressly authorized by these General Terms and Conditions. All his/her requests regarding the use of the Services, the Buyer will submit only and exclusively to the Seller.

 

IV Resolving Customer Complaints.

This part of the General Terms and Conditions, in accordance with the Law on Consumer Protection, regulates the manner of filing a complaint, the place of receipt and the manner of the Seller’s handling of complaints received by the Buyer, as well as the conditions relating to exercising the rights of the Buyer as a consumer.

1. Manner of filing a complaint. Buyers may submit complaints regarding the contracted and paid Services to the Seller in all business premises of the Service Provider where the Services to which the complaint relates are used, every working day during the working hours of the fitness centres of the Service Provider. Receptionists of the Service Provider in fitness centres are persons authorized to receive complaints. Complaints can be submitted in one of the following ways:

• Orally at the fitness centre where the service was used;
• in writing on the complaint form provided in the fitness centre;
• by mail to New Fitness Distribution d.o.o. Belgrade-Vračar, 1, Rudnička broj St., Belgrade-Vračar;
• Via email info@nonstopfitness.rs;
• on a permanent record carrier.

Purchased Services may be advertised only upon delivery of an email confirmation of purchased services with an ID number, membership card or other relevant evidence (copy of an invoice, slip, etc.) on the purchase or use of Services. The Seller is obliged to issue a written confirmation or electronically confirm the receipt of the complaint, i.e., state the number under which his complaint is registered in the records of received complaints.

2. Deadline for deciding on a complaint. The Seller shall respond to the Buyer as a consumer in writing or electronically to the submitted complaint without delay, and no later than within eight days from the day of receipt of the complaint.

The Seller’s response to the Buyer’s complaint as a consumer must contain a decision on whether the complaint is accepted, a statement on the Buyer’s request and a specific proposal and deadline for resolving the complaint. The deadline for resolving the complaint cannot be longer than 15 days from the day of submitting the complaint. The Seller shall act in accordance with the decision, proposal, and deadline for resolving the complaint if he has obtained the prior consent of the Buyer. If the Seller, for objective reasons, is not able to satisfy the Buyer’s request as a consumer within the agreed period, he shall inform the Buyer about the extension of the deadline for resolving the complaint and state the deadline within which it will be resolved, as well as to obtain his consent, which he shall register in the records of received complaints.

The deadline for resolving complaints may be extended only once.

3. Liability of the Seller and the rights of the Buyer as a consumer based on the non-conformity of the provided services. The Seller shall provide the Buyer as a consumer with a Service that conforms with the contracted services.

The service does not comply with the contracted services if:

• in terms of content, quality and purpose it does not correspond to the description given by the Seller before the conclusion of the contract by advertisement or in another similar way;
• does not correspond to the description given by the Seller during the provision of the Service, provided that this might have affected the Buyer’s decisions;
• there are no special features requested by the Buyer, which were or must have been known to the Seller at the time of concluding the contract;
• does not have regular service properties of the same type;
• does not meet the expectations based on the nature of the service and the public promises of the Seller regarding the specific features of the service, and especially if they are made by advertisement;
• in terms of content, quality and purpose does not correspond to the description given by a third party on behalf of and under the authorization of the Seller before the conclusion of the contract, advertisement or in any other similar way.

The Seller is not responsible for non-compliance of the service if:

• did not know or did not need to know that a third party on his behalf described the Services before concluding the contract by advertisement or in any other similar way;
• a description given by a third party by advertisement or in another similar manner on behalf of and under the authorization of the Seller, was corrected promptly.

If the service does not comply with the contracted services, the Buyer as a consumer may request from the Seller to perform, i.e., to enable the provision of Services under the contract.

If the performance of the corresponding service is impossible or illegal or represents a disproportionate burden for the Seller, the Buyer may request a price reduction or termination of the contract. The Buyer as a consumer cannot terminate the contract if the non-conformity of the service is insignificant.

If the service does not comply with the contract, the rights of the Buyer as a consumer and the responsibility of the Seller shall be applied accordingly to the rights of the consumer in case of non-conformity of the goods defined by the law governing consumer rights.

If during the provision of the service it is determined that the Seller does not comply with the terms of the contract, or that the Service Provider does not perform it under the contract resulting in a risk that the service is non-compliant, the Buyer as a consumer may warn the Seller of these circumstances and set an appropriate deadline for eliminating the identified irregularities.

If by the expiration of the stated reasonable period the Seller does not act upon the request of the Buyer as a consumer, the Buyer may terminate the contract and demand compensation for damages.

If it is obvious that the Seller, i.e., the Service Provider cannot provide the relevant Service within the deadline which is an important element of the contract, the Buyer as a consumer may:

• terminate the contract, without leaving a reasonable deadline for the performance of the service,
• claim damages.

If the Seller, i.e., the Service Provider is late with the execution of the Service concerning the agreed deadline which is not an essential element of the contract, the Buyer as a consumer who has no interest in using the service after the expiration of the agreed deadline may:

• terminate the contract, without leaving a reasonable deadline for the performance of the service,
• claim damages. 

The buyer as a consumer cannot terminate the contract if the non-conformity of the service is insignificant.

 

V The Buyer’s right to withdraw from the Contract.

Under the Law on Consumer Protection, and since the Services are sold at a distance, the Buyer has the right to withdraw from the Agreement within 14 days from the date of its conclusion. The moment of concluding the Agreement is considered the moment when the payment for the Services has been made, considering that from that moment the Customer acquires the right to use the Services. The Buyer exercises the right to withdraw from the Agreement by submitting the completed Withdrawal Form to the Seller, which can be downloaded HERE. The form can be submitted to the Seller via email: info@nonstopfitness.rs.

If the Buyer exercises the right to withdraw from the Contract after starting to use the Services, the Seller is authorized to charge the Buyer, and the Buyer is obliged to pay the Seller an amount proportional with the Services until the Buyer notifies the Seller of the right to withdraw from the Contract, pursuant to Article 35 paragraph 6 of the Law on Consumer Protection.

The Buyer has no right to withdraw from the Contract after the Service has been fully performed, if the provision of the Service has started after the explicit prior consent of the Buyer and with her/his confirmation that s/he knows that s/he loses the right to withdraw from the Contract when the Seller fully performs the Contract.

If the Buyer buys a package of Services that includes the provision of Services in the form of delivery of digital content that is not delivered on a permanent medium, but through Non Stop Fitness application, by accepting these Terms, the Buyer expressly agrees and confirms that s/he knows that the moment of commencement of the Contract, i.e. commencement of use of the Services, s/he loses the right to terminate the Contract concluded at a distance, under Article 37 paragraph 1 item 13) of the Law on Consumer Protection.

 

VI General conditions for collecting, using and processing personal data of Customers.

1. Customer privacy and trust are very important to New Fitness Distribution d.o.o. Belgrade-Vracar as the Operator of your data. This is reflected in the way we as the Seller collect and process Customer Data. The Buyer is advised to read the provisions of these General Terms and Conditions in full to decide which data they want to share with the Seller. When purchasing the Services through the nonstopfitness.rs website, the Seller will collect certain personal data from the Buyers, to fulfil the obligations arising from such a contract. All activities of the Seller regarding the collection and processing of personal data of the Buyer will be performed under the Law on Personal Data Protection of RS and other applicable regulations. The collected data will be used exclusively during the provision of services, for our marketing activities and the analysis of our sales activities, to present you our offer of NON STOP FITNESS services in the best possible way. The marketing tools used by the Seller as the controller of your data can be e-mail, SMS, MMS or printed material. The Seller, as the controller of your data, is subject to liability if they process your data in a manner that is contrary to the applicable regulations of the Republic of Serbia. You are entitled to request from the controller under Article 26 of the Law access to data, the right to correct or delete your data under Art. 29 and 30 of the Law, the right to limit processing under Article 31 of the Law, the right to data portability under Article 36 of the Law, as well as the right to object under Article 37 of the Law. Furthermore, you have the right to file a complaint to the Commissioner for Information of Public Importance and Personal Data Protection under Article 82 of the Law, if you believe that the processing of your data has been carried out contrary to the provisions of the Law.
2. Privacy Policy.The Seller respects your privacy and undertakes to protect the privacy and confidentiality of personal data of persons who register or otherwise link to the Seller.
3. a) The types of personal data we collect and how they are used.In order to provide you with full information regarding current services and offers of NON STOP FITNESS services, with the explicit consent that you hereby give, we collect the following information about you: Your name, surname, gender, e-mail address, telephone number, ID number and your address. Your provision of data is based on a completely voluntary basis, i.e., you are free to decide whether to provide us with your data and what that data will be. If you do not wish to provide us with any of the information necessary for the provision of services, i.e., the conclusion of the Agreement (e.g., name and surname), we reserve the right to refuse to provide services to you. You can request at any time that we do not use your data for the implementation of marketing activities, i.e., for the analysis of our sales activities, and this will not affect the survival of our contractual relationship. The identifiable information will not be used for any purpose other than that for which you have given your express consent.
4. b) Third parties.The Seller will not sell, distribute, publish or otherwise make available your personal information to anyone without your express permission, unless (i) you have allowed it under these General Terms and Conditions to gain access to the desired services and (ii) if we are obliged to do so by legal regulations or decisions of the competent authorities. The Buyer hereby expressly agrees that the Seller may provide his/her data necessary for identification (name, surname, gender, ID number, email address, telephone number) to the Service Provider, to perform the contract or provide the Services purchased by the Buyer. The Seller shall ensure that the Service Provider returns, i.e., destroys all personal data of the Buyer submitted to him, immediately after the completion of the provision of Services under the Agreement. From time to time, we may engage other legal and natural persons to perform certain functions on our behalf (e.g., engaging external associates to transmit e-mails). In that case, they will have access to your data to a limited extent (for example only e-mail address) and only to be able to perform the tasks for which we have hired them, and which are under your consent to the processing of your data, but they may not use them for any other purpose. In the above cases, we always enter into confidentiality agreements with service providers to ensure that your data remains secure and handled properly. Your data will not be exported outside the Republic of Serbia, unless reasonable and necessary steps have been taken for that purpose to preserve the required level of protection of your data, under the Law.
5. c) Updating your personal information.The Seller as the Operator will need your assistance to ensure that your personal information provided to us is correct and up to date. If you want to change or update your data or if you want us to delete your data from our database, you can do so in writing at address 1, Rudnička St., Belgrade or by coming to one of the gyms of the Service Provider whose locations are listed on our website nonstopfitness.rs. At your request, we will remove from our database all the data that you have provided to us, and we will consider that you have unilaterally terminated the concluded Agreement with us, and we will not be obliged to refund the amount of membership fee paid until then. After we receive your request for deletion of personal data, we will no longer store any of your data, unless otherwise provided by the regulations applicable in the Republic of Serbia. We will keep your data while you are in a contractual relationship with us, i.e., while you use our services. Automated decision making, including profiling, as any form of automated processing used to assess a particular personality trait, may be applied to you only in exceptional cases and under the conditions and in the manner referred to in Article 38 of the Law, as well as in accordance with the purpose of the Law and its protective provisions relating to persons whose data are protected.
6. d) Your data is stored in a password-protected database and specially secured lockers. The Seller as the Operator of your data will take all precautions (to a reasonable extent) to ensure the security of your data. Although we make every effort to protect your personal information, we cannot unconditionally guarantee the security of the information you provide to us, so you do so at your own risk.
7. Publication of changes to the General Terms and Conditions.All changes to these General Terms and Conditions will be promptly posted by the Seller in all its gyms and/or delivered to your e-mail address before these changes take effect. As usual, if you do not agree with the changes to the General Terms and Conditions, you always have the option to request the deletion of your data from our database
   
8. How you can contact us. If you have any questions or requests regarding your data that you have made available to us or any other questions about NON STOP FITNESS services and current offers, you can contact us in one of the following ways:

– in person at the Gym of the Service Provider,

– via mail to the address Trgovca, 1, Rudnička St., Belgrade,

– via email info@nonstopfitness.rs.

VII The Law on obligations of the Republic of Serbia and other regulations valid in the Republic of Serbia shall apply to everything that is not defined by these General Terms and Conditions.

All disputes related to the contractual relationship between the Seller and the Buyer, the Seller and the Buyer will endeavor to resolve amicably. If an amicable settlement of the disputed issue is not possible, the court with actual jurisdiction in the territory of the City of Belgrade shall have jurisdiction to resolve it.

These General Terms and Conditions of the company New Fitness Distribution d.o.o. Belgrade-Vracar was adopted and published on the website nonstopfitness.rs on August 23rd, 2023, and shall enter into force on the eight-day following its publication. With the entry into force of these General Terms and Conditions, the General Terms and Conditions dated January 28th, 2021, shall cease to be valid.