1. Introductory Provisions and Definitions

1.These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company

Business name: Barbora Bakošová - teambakosova
Place of business: Ožvoldíkova 2006/10, 841 02, Bratislava, Slovak Republic
Registered in the register of the District Court Bratislava, Trade Register Number: 110-307111
ID: 54212774
VAT ID: Seller is not subject to Value Added Tax

And by the company

Business name: ABAVAB s.r.o. with its registered office at Ožvoldíkova 2006/10, 841 02, Bratislava ID No.: 52869342, registered in the Commercial Register Okr. Court of BA I, sec. 143381/B, (hereinafter referred to as the "Provider") which operates Face Workout Studio
and Clients

a) a domestic legal person or natural person entrepreneur within the meaning of generally binding legislation of the Slovak Republic, or a foreign legal person or natural person that meets the characteristics of an entrepreneur under the relevant foreign legal order governing it and these persons act within the scope of their profession, business or entrepreneurial activity,

b) by a domestic or foreign natural person who is not an entrepreneur within the meaning of the relevant generally binding legal regulations and does not act within the scope of a profession, business or entrepreneurial activity when providing services and selling goods to the Operator.

The GTC are published in the premises in an accessible place, as well as on the Operator's Website: https://www.faceworkoutstudio.sk/sk.

1.2 By signing the registration form or by other demonstrable means of consent to these GTC (but no later than each time by starting to use the Operator's Services or by purchasing goods from the Operator), the Client confirms that he/she has familiarized himself/herself with the text of the GTC, the terms and conditions of personal data protection, the Operating Regulations, the Operator's Complaints Procedure, the Operator's Security and other regulations or other documents of the Operator, which are available on the Operator's Web site https://www.faceworkoutstudio.sk/.

1.3 Unless otherwise agreed in writing, these GTC apply to the legal relationship between the Client and the Operator.

2. Definitions and conditions of use

2.1 "Promotion" means a one-off product or Service with special terms and conditions that is not listed in the Price List. The Promotion is charged at a separate price and does not apply to Corporate Clients. The terms and conditions of the Promotion, including the price and the time limit for its use, will be published by the Operator on selected Sites and the Website.

2.2 "Service Activation" means that act of the Client which makes the Service functionally available, either by indicating the start of its use through the Customer Account at the time of the Order or immediately for a time-limited Service with no indication of its start, to enable the Client to actually use the Service. 

2.3 "Benefit Voucher" means a selected voucher accepted by the Operator under a contractual relationship with a third party, which is eligible to top up the Credit on the Credit Account for the Client indicated on the Benefit Voucher or has a special code on the Benefit Voucher. The Operator undertakes to top up the Credit in the relevant amount to the Client's Credit Account within 72 hours upon delivery of the Benefit Voucher to the specific Operator's Establishment and its inspection by an authorised person.

2.4 "Safety and Other Regulations" means the laws, regulations, standards and other rules for the protection of life and health in force and in force at the time of the Client's use of the Services, which the Client is obliged to comply with, and which relate directly, or only indirectly, to the safety and protection of life and health in the use of the Services in operation. By entering into the Study, the Client acknowledges that it has read all safety and other regulations published at the selected Premises for the selected Services of the Operator, and that it agrees and undertakes to comply with them in their entirety.

2.5 "Price of the Service(s)" is negotiated in accordance with Act No. 18/1996 Coll. on Prices, as amended, as a contractual price and consists of the sum of the prices in accordance with the current Price List for all individual acts provided within the Service, or for the price of an individual Service. The price of the Service is set out in the currently valid Price List for the provision of the Services, including the relevant value added tax rate according to the legal provisions in force at the time of the provision of the Service.

2.6 The "Price of the Goods" is negotiated in accordance with Act No. 18/1996 Coll. on Prices, as amended, as the contractual price. The price of the goods is stated in the currently valid Price List, including the relevant value added tax rate according to the statutory provisions in force at the time of purchase of the goods.

2.7 "Price List" means a list of the Services and goods provided by the Operator, including prices for the individual Services provided, goods sold, surcharges, by the Operator in the Studio, and may also include the duration of the Service and other terms and conditions of its use of selected Services, purchase options, cancellation terms of Reservations and other terms and conditions of individual Services. The Price List is available for viewing online on the Website as well as in a prominent place in each Centre. The Operator reserves the right to unilaterally change the information contained in the Price List.

2.8 "Studio" or "Operation" means the Face Workout Studio, an exercise and beautification facility operated in non-residential premises at 20 Zámocká Street, 811 01, Bratislava.

2.9 "Client" means :

a natural person over 15 years of age or a legal person who is entitled to use the services provided by the Operator in the Studio.

Unless otherwise specified in these GTC or by the Operator at selected Services, the identification of the Client at each entry to the Service shall be by means of verification with a Valid Identification Document. In view of the fact that a legal entity as such, due to its existence, is not able to use the Services, the Services shall be used on behalf of the legal entity by a natural person designated by it, who shall be equally subject to the rights and obligations under these GTC. The conditions of access for the Site and the Services may be regulated differently by the Operator at each Site with regard to the safety and health of the Clients.

2.10 "Order" means a proposal for the conclusion of the Contract, in particular in the form of a written, verbal or telephonic interest in the binding conclusion of the Contract and the provision of selected Services and Goods by the Operator

2.11 "Supervisory Authority" means the Slovak Trade Inspection Authority, Central Inspectorate of the Slovak Trade Inspection, P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, or the relevant Inspectorate of the Slovak Trade Inspection Authority according to the local jurisdiction of the Establishment.

2.12 "Valid identification document" means an ID card pursuant to Act No. 395/2019 Coll. ID cards and on amendment and supplementation of certain acts, as amended, or a passport as a travel document

647/2007 Coll. on travel documents and on amendment and supplementation of certain acts, as amended.

2.13 "Operating Regulations" means the summary of the rights and obligations of the Client or any other person entering the Study as drawn up by the Operator. By entering the Study, the Client acknowledges that it has read, agrees to and undertakes to comply with all the provisions of the Operating Regulations in their entirety. The Operating Regulations are available at the premises. The Operator reserves the right to make changes to the Operating Regulations.

2.14 "Promotional Service", unless otherwise stated in the Price List, is the provision of a free service in the Studio by the Operator to the Client.

2.15 "Booking" means the booking of the selected Service by the Client through the options specified by the Operator and on the terms and conditions set out in the Price List.

2.14 "Service" means the service provided by the Operator in the Studio on the ordered date, which represents the Operator's commitment to provide the Client with the selected Services on the terms and conditions set out in the Agreement and these GTC.

2.15 "Consumer" means a natural person who, when placing a binding order for a service and completing the information questionnaire, is not an entrepreneur within the meaning of the relevant generally binding legislation and is not acting within the scope of his or her business, occupation or profession.

2.16 "Order Cancellation" means the possibility to cancel the ordered Service until the time of its commencement set by the Client and according to the terms and conditions specified for the specific Service in the Price List.

2.17 "Cancellation" means cancellation of a Reservation in the Client's Customer Account in accordance with these GTC.

2.18 "Trainer" means a person who provides personal individual or group training in the Studio and has a contractual relationship with the Operator.

2.19 "Website" means the Operator's website, www.faceworkoutstudio.sk , through which the Client's Customer Account can be accessed via the relevant interface of the Website/Internet Application and the Client's selected actions enabled by the Operator can be performed

2.20 "Customer Account" means an account created by the Client by one of the methods provided by the Operator, namely through a facility on the Operator's premises or the Operator's Website using standard internet browsers or by any other means. Unless otherwise stated, the existence of a Customer Account is a condition for the use of the Operator's Services. The Customer Account can be accessed by the Client via the Website after entering the registered email address and the chosen password, as well as on the Operator's premises via an internal device after the Client has been identified by means of a Valid Identification Document.

2.21 "Contract" means the Services/Purchase of Goods Contract, the Information Questionnaire Completion Agreement and the Privacy and Personal Data Protection Policy (Privacy Policy), the Operator's Complaints Policy, the Operating Regulations and any other contractual documents which apply to the selected Services and which are identified as part of the legal relationship between the Client and the Operator.

2.22 "Responsible Person" means an employee of the Operator, or other person authorised by the Operator to supervise the Client's use of the Services, to advise, instruct or in any other activity directly related to the Client's activities in the Studio and use of the Services provided by the Operator.

3. Client registration

3.1 As a condition of registration and completion of the information questionnaire and creation of a Customer Account, the Client is obliged to fill in all the required data truthfully for each selected form of registration and is also obliged to submit all the required documents (e.g. submission of a Valid Identification Document). In the event that the Client refuses to comply with all the conditions required for that form of registration or refuses to submit the requested documents, the Client will not be allowed to enter the Studio and/or will not be allowed to use the Service.

3.2 A new Client who is not a user of the Operator's services, i.e. does not have a validly established Customer Account, is obliged to register/complete an information questionnaire/establish a Customer Account in one of the ways offered by the Operator in the Operator before the first entry into the Service.

4. Payments for Services and Payment Terms

4.1 The Client shall preferably pay the price for the Services on the basis of the service provided directly at the Site.

4.3 In the event that it is not possible to make a payment in accordance with the preceding clauses, the Client is obliged to use another of the available payment methods. The fees for the transfer of funds shall be borne by the Client, and any fees shall not be charged by the Operator but by the entity arranging the transfer of funds.

4.4 All fees which the Client is obliged to pay to the Operator and which are related to the conditions of the Client's use of the Operator's Services are set out in these GTC and in the Price List.

5. Entry into Operation and Provision of Services

5.1 The access to the Site and the provision of the Services by the Operator will only occur after the Client has fulfilled all the conditions in accordance with the GTC.

6. Defects in the Services, warranty period and the Client's preventive obligation

6.1 In the event of a defect in the Services provided by the Operator, the Client shall be obliged to follow the valid Complaints Procedure of the Operator.

6.2 If the Client makes use of the Services notwithstanding that the Client claims them to be defective, the Client waives the right to complain about them and the provision of the Services shall be deemed to have been accepted without reservation by the Client.

6.3 The method of complaint handling is regulated by the Operator's Complaints Procedure.

7. Liability for damage

7.1 The Operator shall be responsible for fulfilling its contractual obligations with due care.

7.2 The Client shall not be entitled to compensation for damages caused by its own intentional or negligent actions or the intentional/negligent actions of third parties who are present in the Studio with its knowledge.

7.3.The Client is fully liable for damage caused to the property of the Operator, even if caused by negligence, unprofessional treatment, as well as for damage to the property and/or health of third parties in the Studio, even if caused by negligence, unprofessional treatment. The Client undertakes to compensate the injured party in full for the damage caused in this way.

The Client shall treat the Operator's equipment/property or equipment/property used/rented/rented/maintained by the Operator and on the premises of the Studio in a considerate manner. The Operator accepts no responsibility for damage to health or property caused by the Client's treatment in breach of the Contract.

7.4 The Operator shall not be liable for damage to items brought in or left on the premises during the use of the Services, if these are left outside the places reserved by the Operator. If the Client deposits items during the use of the Services in the places reserved by the Operator, which individually or in the sum of two or more items exceed the value of EUR 100,- (valuable item), the Client is obliged to notify the Responsible Person and deposit them in the safe deposit box, otherwise the Operator shall not be liable for any damage, theft, depreciation of the items exceeding the given amount. The Operator shall be liable for damage to the items within the meaning of the Agreement and the provisions of the relevant generally binding legal regulation. The right to compensation must be asserted with the Operator without undue delay.

7.5 Neither the Responsible Person nor the Operator shall be responsible for the Client's use of the Services, nor shall the Responsible Person be obliged to provide the Client with advice, instruction or any other activity directly related to the Client's activities in the Studio.

7.6 In the event that, through no fault of the Operator, or due to decisions of state authorities (for example, in connection with the prevention of the consequences of the spread of a dangerous contagious human disease COVID-19 by measures of state authorities in the field of public health or other circumstances), or force majeure, the Subscriber will not be able to use the ordered / prepaid Services in the originally agreed date or scope, the Client acknowledges that in these cases, the Operator shall insist on the fulfilment of the remainder of the Contract, unless otherwise agreed with the Client. For the avoidance of doubt, in cases under the preceding sentence, the Operator shall notify the Client that it insists on the remainder of the performance.

7.7 The Client who causes damage to the Operator and/or third parties shall be liable for it in accordance with the provisions of Section 420 of Act No. 40/1964 Coll. (Civil Code), as amended.

7.8 The Operator assumes no liability for the content, error-freeness, correctness and functionality of third-party websites to which links are provided on the Website.

8. Special provisions

8.1 The Operator reserves the right to restrict the sale of individual Services/provision of selected Services to the Studio.

8.2 The Operator may provide the Client with a discount when purchasing multiple Services. Discounts are granted according to the Operator's current offer, there is no legal entitlement to a discount.

8.3 The Operator shall provide the Services to the Client at the Price for the Services as set out in the Operator's Price List and in accordance with the Contract and the GTC/Conditions.

8.4 The Client is entitled to use the Services only to the extent and in the manner specified in these GTC, the Contract. If such method is not specified, the Client is entitled to use the Services exclusively in the manner customary for the use of the Services.

8.5 Unless otherwise unilaterally determined by the Operator, in the event of additional obligations of the Operator arising, which will be related to decisions of public authorities (state or local government authorities) or force majeure interventions on the basis of which it will be temporarily impossible to provide the Services of the Operator for a certain, or at the time of issuance of such a decision, indefinite period, the Client acknowledges and agrees that the Services, respectively the Services, will not be provided by the Operator for a certain, or at the time of the issuance of such a decision, period. The period of availability of the Subscription Services shall not be extended in direct proportion to the period during which the provision of the Services by the Operator is not possible (e.g., the obligation to temporarily limit or close the Services in connection with the spread of the COVID-19 disease).

8.6 The Operator does not provide information about third parties, contact details and visit history.

8.7 The Operator reserves the right to reschedule the selected Services without any right to a refund of the Price for the pre-paid Services. The above also applies to those Services for which the Client has made a Reservation.

Special Provisions in Relation to Reservation of Services

8.8 A Service booking that allows for the option of a Price List Booking, unless otherwise stated in the Price List, may be cancelled by the Client without charge prior to its scheduled commencement no later than the time specified in the Price List.

8.9 In the event that the Client fails to arrive on time for the booked Services, the Reservation will be cancelled at the moment of its commencement, without the right to a refund of the Service Price if it was a pre-paid Service.

8.10 Reservation of the Services may be made via the Website or in any other way that is available at the Operator's Site at the time. The prerequisites for successful Reservation of selected Services are the provision of the requested data, proof of purchase of the Service and its subscription for a certain period of time in which the Service is to be reserved.

Special provisions in relation to the rights and obligations of the Clients and the Operator

8.11 The Operator is entitled to control the compliance with the obligations of the Clients or persons using the Operator's Services specified in these GTC. In the event of non-compliance with the Client's obligations, the Operator is entitled to take adequate measures, including refusal to provide the Service, without any claims of the Client against the Operator.

8.12 In the event of a breach of the Client's obligations under these GTC, as well as in the event of a registered outstanding obligation of the Client towards the Operator on the Client's account, the Operator reserves the right to deny the Client access to the Operator's Facility and the provision of selected Services of the Operator.

8.13 In the event of a serious breach of the Client's obligations, the Operator is entitled to withdraw from the Contract. A serious breach of the Contract shall be understood in particular as: a) giving false information about his/her person b) repeated violation of the provisions of the Contract (min. 2 times) c) disregard of the Operating Regulations d) disregard of the instructions of the Responsible Person e) culpably causing damage to the Operator's property f) causing damage to the health of third parties located in the Studio, advertising of another fitness center, or provider of similar services as the Operator in the Centre g) enticing other Clients to use the services of third parties that are competitive to the Operator's Services h) application of stimulants in the premises by needles or other external (out-of-body) means, i) sale or provision of prohibited substances or other goods to the Clients. Withdrawal from the Contract shall be effective from the moment of its notification to the Client. In the event of withdrawal from the Contract by the Operator for the reasons set out above, the Client shall not be entitled to compensation or a refund of the Service Price, even a pro rata part thereof, unless otherwise decided by the Operator . However, the withdrawal from the Contract shall not affect the rights and obligations arising up to the effective date of withdrawal from the Contract, the right to compensation for damages, as well as the settlement of disputes between the Client and the Operator. The Parties shall not be obliged to reimburse each other for the mutual performance provided up to the time of the effective date of withdrawal from the Contract.

8.14 In the event that the Client is unable to continue to use the Services provided by the Operator due to ill health or other reasonable circumstances and is unable to exhaust the Services, it is possible for the Client to use the funds to purchase the products provided by the Operator in the Studio.

9. Common, transitional and final provisions

9.1 These GTC are valid from 01.09.2022 and replace the validity of the published General Terms and Conditions of Service (GTC) in Face Workout Studio in its entirety.

9.2 The Operator reserves the right to unilaterally change these GTC at any time during the term of the Contract or the use of the Services. The Operator shall announce the change of the GTC in the Study as well as by means of a notice published on the Website. 

9.3 If there is a unilateral change in the provisions of the GTC, the Client has the right to terminate the Contract in writing within 14 days from the moment of notification of this change; if the Contract is not terminated, the Client's action shall be deemed to be acceptance of the new version of the GTC.

9.4 The Operator and the Client are always bound by the currently valid provisions of the GTC.

9.5 Legal relations concluded on the basis of the questionnaire and/or the GTC not expressly regulated shall be governed exclusively by the law of the Slovak Republic:

1. a) in relation to Consumers, by the rules of civil law, namely the Civil Code;
2. (b) in relation to other persons (not mentioned in (a) above) by the rules of commercial law, namely the Commercial Code and other generally binding legal regulations

9.7 The Controller ensures the protection of personal data of persons (Clients) who are natural persons in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), whereby the Client provides more detailed information on the processing of his/her/their personal data in the document "Principles of personal data processing", which is published on the Website.

9.8 The Operator accepts Client's suggestions at the address indicated in the identification of the Operator in these GTC and at the e-mail address info@faceworkoutstudio.sk. 

9.9 Unless otherwise stated in the GTC, the Operator and the Client agree that mutual communication and delivery of documents may be by means of documents sent:

1. a) in person, by post - to the address of the registered office entered in the relevant commercial register or other register, or to the address of permanent residence,
2. b) by electronic mail (email) - to the address specified by the Operator and the Client

9.10 A document/notification shall be deemed to have been duly delivered (i) when sent by email, upon the generation of an acknowledgement by the machine through which the document/notification is sent, (ii) when sent by post, on the seventh day after the date of dispatch by registered mail with acknowledgement of receipt, (iii) in person, upon the date of receipt or refusal of receipt by the addressee. Any change of address for the delivery of documents shall be promptly notified by both the Operator and the Client. 

9.11 If circumstances arise, the occurrence, course and consequence of which are not dependent on the Operator's actions and procedures (vis major) or circumstances on the Client's side, on the basis of which the Client does not use the Services ordered, paid for and provided in whole or in part, the Client shall not be entitled to a refund or discount of the Price of the Services nor shall the Client be entitled to any compensation or damages to any extent whatsoever. The Operator shall not be liable for short-term reduced quality of the Services, outages or damages caused by force majeure (vis maior). Force majeure (vis maior) means in particular natural disasters, natural calamities, strikes, traffic accidents, unforeseeable failures at the Operator's facilities (e.g. interrupted supply of utilities, water, etc.), obligations imposed on the Operator by a decision of public authorities, as well as others.

9.12 If any provision of the GTC becomes invalid, ineffective or unenforceable to the extent specified, the remaining provisions, unaffected thereby, shall remain in full force and effect. In such a case, the Operator shall replace such provision with a valid, effective and enforceable provision that deviates as little as possible from the principles agreed in these GTC, while preserving the economic and legal purpose and meaning of the replaced provision.

9.13 All disputes arising between the Operator and the Client arising out of or relating to the Contract and/or the T&Cs, including disputes concerning the validity, interpretation, termination of the Contract and/or the T&Cs, shall be resolved by the parties primarily by agreement. In the event that no agreement is reached, the matter shall be submitted to the competent court of the Slovak Republic for adjudication.

12.15 The Client hereby grants ABAVAB, s.r.o., IČO: 52869342, with registered office at Ožvoldíkova 2006/10, 821 01 Bratislava, registered in the Commercial Register of the OS Bratislava I, section Sro, insert no. 143381/B (hereinafter referred to as "the operator"), consent to the storage of information on vaccination against the COVID-19 disease or on the overcoming of the COVID-19 disease or on the negative result of the test for the COVID-19 disease in order to simplify and accelerate the entry into the premises of the operator in compliance with the obligations laid down by special legislation (in particular Act No. 355/2007 Coll. on the protection, promotion and development of public health and the currently valid decree of the Office of Public Health of the Slovak Republic and/or the competent regional public health authority).

The controller will store this personal data about the client as follows:

- COVID-19 vaccination information for up to 1 year after the last dose;

- COVID-19 recovery information for a maximum of 180 days after recovery;

- information on a negative COVID-19 test result within 72 hours of collection in the case of an RT-PCR or LAMP test or 48 hours of collection in the case of an antigen test.

The client may withdraw consent to the processing of personal data at any time in person at the operator's premises or in writing at the address of the operator's registered office.

The client as a data subject may exercise the data subject rights with the controller, which are regulated in Articles 12 to 22 of Council Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC. Thus, as a data subject, the client has the right: (i) to access his/her personal data, (ii) to rectification of inaccurate personal data, (iii) to restriction (blocking) of the processing of personal data, (iv) to erasure of personal data, (v) to data portability, (vi) to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic, if it is suspected that personal data is being processed in violation of the applicable legislation.

In Bratislava, on 01.09.2022