Terms and Conditions
General Terms and Conditions of Business of Fitcrea d.o.o.
Contents of the General Terms and Conditions of Business:
-
- General
- Owner and Operator of the Website, Online Store, and Web Application Fitcrea
- Acceptance of the General Terms and Conditions of Business
- Information Availability
- Offer
- Delivery Deadlines and Conditions
- Prices
- Information on Additional Delivery Costs
- Order and Conclusion of Contract
- Payment Method
- Invoice Issuance
- Responsibility for Compliance
- Customer’s Right to Withdraw from the Contract
- Refund in Case of Withdrawal or Proportional Price Reduction Request
- Consequences of Withdrawal or Cancellation of Contract Renewal
- Privacy Policy and Personal Data Protection
- Limitation of Liability of Fitcrea d.o.o. and Obligations of the Customer and Administrator
- Copyrights
- Complaints and Disputes
- Out-of-Court Consumer Dispute Resolution
- Applicable Law
- Final Provisions
1. General
Acceptance of these General Terms and Conditions of Business of Fitcrea d.o.o. (hereinafter: General Terms and Conditions) is a prerequisite for ordering and using the digital services and digital content we offer on our website, online store, and the Fitcrea web application.
The General Terms and Conditions regulate the operation of the Fitcrea website, Fitcrea online store, and Fitcrea web application as well as the rights and obligations of Fitcrea d.o.o. and the customer and registered user/administrator of the digital services and digital content we offer.
The General Terms and Conditions also define the rights and obligations of Fitcrea d.o.o. in relation to individuals who are users of content (hereinafter: student), which by using the Web Application are provided by customers and registered users/administrators.
2. Owner and Operator of the Website, Online Store, and Web Application Fitcrea
The owner and operator of the website https://fitcrea.si/ (hereinafter: Website) and all its subdomains, the Fitcrea online store https://www.fitcrea.com/checkout/ (hereinafter: Online Store), the Fitcrea web application (hereinafter: Web Application), and digital content is the company:
Fitcrea d.o.o., digital services, Reteče 68, 4220 Škofja Loka; short company name Fitcrea d.o.o. (hereinafter; company or Fitcrea d.o.o.)
registered office: Reteče
registration number: 9476237000
VAT ID: SI 71901736 (VAT payer)
share capital: EUR 7,500.00
transaction account: SI56 0312 8100 1502 291 (SKB d.d.)
date of entry in the court register: 18.09.2023
court register entry number: __________________________
telephone: 00386 40 820 299
email: info@fitcrea.com
3. Acceptance of the General Terms and Conditions of Business
Ordering and using the digital services and digital content of Fitcrea d.o.o. (hereinafter collectively: Package or Packages) is carried out in accordance with these General Terms and Conditions.
Acceptance of the General Terms and Conditions is a condition for creating a user account for using the Web Application and for ordering and using the Packages.
An individual is explicitly informed about the General Terms and Conditions when creating a user account for using the Web Application and when submitting an order for a Package in the Online Store.
The individual or customer is bound by the General Terms and Conditions valid at the moment of creating the user account or submitting the order for the Package.
4. Information Availability
Fitcrea d.o.o. provides the individual or customer, before they are bound by the contract or offer, with the following information:
- information about the company Fitcrea d.o.o.,
- contact details of the company Fitcrea d.o.o.,
- main features of the digital services and digital content,
- final price of the digital services and digital content, including taxes,
- information about additional delivery costs,
- payment terms,
- terms of service delivery,
- service delivery deadline,
- notification about Fitcrea d.o.o.’s responsibility for compliance,
- deadline within which withdrawal from the contract is possible and withdrawal conditions (description of the right of withdrawal according to Article 43 of the Consumer Protection Act),
- information about the complaint procedure at Fitcrea d.o.o.
5. Offer
Main features of the Packages provided by Fitcrea d.o.o. within the Web Application, their usability and prices are listed with each Package on the Website.
An individual can test the Packages more thoroughly and try out their functionalities by creating a user account to use the Web Application and by freely testing the Explorer Package.
6. Delivery Deadlines and Conditions
The company delivers the Package for which the contract has been concluded to the customer immediately, that is, when the customer submits the order in the Online Store by clicking the “Buy Now” button.
The condition for using the ordered Package is that the customer has a registered user account for using the Web Application.
For any questions regarding the order or delivery, the customer can send an email anytime to info@fitcrea.com or call the phone number 00386 40 820 299, available every working day from 8 AM to 4 PM.
7. Prices
The final price for each Package is specified in the price list on the Website, indicated for each Package individually.
The price listed is for the use of the Package for one month – monthly price.
The monthly price depends on whether the customer chooses the Package for a period of one month or one year.
In case of price reduction, the discounted price is displayed alongside and struck through is the regular price as well as the discount percentage, which corresponds to the difference between the regular and discounted price. For Packages marked with a discounted price, the discounted price is valid until the date specified for the discount.
All prices for all Packages include the use of the Web Application and delivery costs.
All prices are indicated in EUR and do not include VAT unless otherwise explicitly stated with the price.
Fitcrea d.o.o. is a VAT payer.
Prices apply at the time of order submission. At each new automatic renewal of the Package subscription, the price valid at the time of the first order applies, unless the company notifies the customer by email about the new price before the renewal, and the customer does not cancel the automatic renewal.
Prices apply if payment is made by a payment method specified in these General Terms and Conditions.
8. Information on Additional Delivery Costs
Fitcrea d.o.o. delivers all Packages to the customer or enables their use without additional delivery costs.
9. Order and Conclusion of Contract
An individual or customer must register and create a user account on the Website to be able to use any Package in the Web Application (hereinafter: User Account).
The individual or registered user/administrator or customer places the Package order by selecting the Package on the Website and through the Online Store.
The customer may be a legal entity or a natural person over 18 years of age.
If the customer is a natural person who orders or purchases a Package from Fitcrea d.o.o. for purposes outside their professional or business activity, such customer shall be considered a consumer pursuant to the consumer protection laws in the Republic of Slovenia.
9.1. User Account
An individual registers on the Website and creates their User Account for using the Web Application and Packages by clicking “Start now” or “Start for free” or “Create your course” and:
- entering their email address,
- accepting the General Terms and Conditions of Business,
- confirming registration by entering a confirmation code received from the company by email,
- entering and confirming domain information,
- entering and confirming their first name, last name, phone number, and setting a password for using the Web Application.
After successfully creating the user account, Fitcrea d.o.o. sends the registered user (hereinafter: registered user/administrator) a notification of successful account creation by email.
The registered user/administrator and customer access their User Account on the Website by clicking “Login” and entering their email address and password.
Within the User Account, the registered user/administrator can use the Explorer Package without limitation; for other Packages, the customer must place an order for the individual Package via the Online Store, thereby becoming the customer (hereinafter: customer).
Within the User Account, the customer can use the ordered Package or the Explorer Package in the Web Application.
9.2. Package Ordering Procedure via Fitcrea Online Store
The individual or registered user/administrator places the order for the Package on the Website and Online Store as follows:
- selects the desired Package on the Website by clicking on it,
- is automatically redirected to the Online Store where they are familiarized with the details of:
- the selected Package,
- the price of the Package for the selected period,
- the net and gross price of the Package and the applicable tax amount,
- the date when the Package order will be automatically renewed for the same period,
- enters the customer’s details in the Online Store, including:
- email address,
- first name,
- last name,
- company name, if the customer is a legal entity,
- customer’s country,
- address including street, city, postal code,
- phone (optional),
- credit card information for payment,
- opens and reviews the General Terms and Conditions of Business by clicking the link in the Online Store;
- checks the checkbox to confirm that they have read and agree to the General Terms and Conditions of Business;
- submits the order by clicking the “Buy Now” button, thereby confirming all previously entered data and agreeing to the obligation to pay for the ordered Package.
If the customer is a legal entity, they must enter the data of the legal entity in the input fields in the Online Store, while the name and surname fields relate to the person authorized by the legal entity to create the User Account, place the Package order, and use the ordered Package in the Web Application for that legal entity.
If the data entered by the customer is incorrect or incomplete, the customer is notified which data field is missing and cannot continue until it is completed.
The customer is obliged to enter truthful and accurate data in the Online Store and is liable for any damage caused by false or incorrect data.
Fitcrea d.o.o. may contact the customer by phone or email to verify the accuracy and truthfulness of the data necessary for concluding and executing the contract and for providing up-to-date delivery information.
Communication between the company and the customer or registered user/administrator is primarily conducted by email.
9.3. Contract for the Supply of Digital Services and Digital Content
The contract for the supply of digital services and digital content (hereinafter: Contract), concluded by the customer and Fitcrea d.o.o. on the basis of the Package order in the Online Store, is considered a distance contract with automatic renewal.
After the expiration of the period (month or year) for which the Package is ordered or the Contract is concluded, the Contract is automatically renewed for the same period (month or year). On this basis, the customer agrees that the company may automatically charge the customer’s payment card for the price of the same Package for the new extended Contract period.
The customer can stop the automatic renewal of the Contract in the Web Application at any time, and the company will no longer automatically renew the Contract or charge the customer’s payment card.
Procedure:
- The customer follows the link https://www.fitcrea.com/my-account/lost-password/
- Enters the email address used for purchasing the package and clicks Reset Password
- Receives an email with password reset instructions
- Logs into their account at https://www.fitcrea.com/my-account/
- Under the Subscriptions tab, the customer can manage their Package and cancel or change the subscription
The customer and Fitcrea d.o.o. agree that Fitcrea d.o.o. will provide the selected Package that the customer may use in the Web Application and that the customer agrees to pay the purchase price to Fitcrea d.o.o.
The Contract can be concluded in Slovenian or English.
The company sends an email to the customer confirming the concluded Contract, which the customer may save or print.
The company delivers the Package as soon as possible upon concluding the Contract. The customer may access and use the Package in the Web Application, provided they have created a User Account.
From the moment the Contract is concluded, all prices and other conditions are fixed and apply to both Fitcrea d.o.o. and the customer. In case of price or condition changes, Fitcrea d.o.o. commits to informing the customer by email.
If the customer fails to pay the Package amount on the due date, Fitcrea d.o.o. limits the customer’s use of the Package to the free Explorer package until obligations are settled.
All order data, contract confirmation, and invoices are stored electronically by the company. Upon written request sent to info@fitcrea.com, the company shall provide the requested data and documents to the customer within 3 days of the request.
10. Payment Method
Fitcrea d.o.o. enables payment for Packages by credit card.
Payment by credit card is made upon submitting the order for the Package.
After the expiry of the period (month or year) for which the Contract is concluded, provided the customer has not stopped or cancelled the automatic renewal in the Web Application, the company will automatically charge the customer’s credit card for the price of the same Package for the new extended Contract period.
11. Invoice Issuance
The customer must verify the accuracy of their data, the Package data, and the charged amount before submitting the order. Later objections concerning the correctness of issued invoices based on customer data will not be considered.
The company issues the customer an electronic invoice for each period for which the Package is ordered, sent to their email address.
The company also issues and sends invoices for each automatically renewed Contract period to the customer’s email address.
The invoice details the price and any other costs related to the order.
12. Responsibility for Compliance
The customer may in case of non-compliance of the Package with the Contract:
- request the establishment of compliance of the Package with the Contract, unless this is impossible or would cause disproportionate costs to the company;
- request a proportional price reduction; or
- withdraw from the Contract.
The company shall establish compliance of the Package with the Contract within a reasonable period from the moment the customer notifies the company by email to info@fitcrea.com of the non-compliance, free of charge and without significant inconvenience to the customer, taking into account the type of digital content or service and the purpose for which the customer needed the digital content or service.
The customer may request a proportional price reduction or withdraw from the Contract in any of the following cases:
- it is impossible to establish compliance of the Package with the Contract or it would cause disproportionate costs to the company;
- the company did not establish compliance in accordance with the previous paragraph;
- the digital content or digital service remains non-compliant despite the company’s attempt to establish compliance;
- the nature of the Package’s non-compliance is so serious that it justifies immediate proportional price reduction or withdrawal from the Contract; or
- the company has stated or it is obvious from the circumstances that it will not establish compliance within a reasonable time or without significant inconvenience to the customer.
The customer can only withdraw from the Contract if the non-compliance of the Package is substantial.
In case of exercising the right to proportional price reduction, the price will be reduced for the period during which the Package did not comply with the Contract.
The customer exercises the right to proportional price reduction or withdrawal by sending a statement to the company at info@fitcrea.com, notifying the company of the price reduction request or contract withdrawal and providing reasons.
The customer’s rights regarding compliance are regulated by the law on consumer protection.
13. Customer’s Right to Withdraw from the Contract
The customer has the right to withdraw from the Contract within 14 days without providing any reason. To meet the withdrawal deadline, it is sufficient that the notice of exercising the withdrawal right is sent to the company before the deadline expires.
The customer may also withdraw from the Contract:
- if the company does not deliver the Package immediately after the contract is concluded, and the customer requests delivery by sending a notice to info@fitcrea.com, but the company does not deliver the Package within 5 days;
- if the company states or it is obvious from the circumstances that the company will not deliver the Package;
- in cases of non-compliance as described in Chapter 12 of these Terms and Conditions.
The customer has the right to withdraw from the Contract for the reasons stated above within 14 days, provided that:
- the company does not deliver the Package within 5 days after the customer’s notice;
- the company states or it is obvious that the company will not deliver the Package;
- any reason for withdrawal arises as per paragraph 3 in connection with paragraph 4 of chapter 12 of these Terms and Conditions.
To exercise the right to withdraw, the customer must notify Fitcrea d.o.o., digital services, Reteče 68, 4220 Škofja Loka, tel. 00386 40 820 299, email: info@fitcrea.com, with an unequivocal statement clearly indicating withdrawal from the Contract (e.g., a letter sent by mail or email).
To meet the withdrawal deadline, it suffices that the notice regarding the withdrawal right is sent before the withdrawal period expires.
14. Refund in Case of Withdrawal or Proportional Price Reduction Request
If the customer withdraws from the Contract pursuant to paragraph 1 of chapter 13 or for reasons under points 1 or 2 of paragraph 2 of chapter 13, the company shall without undue delay and in any event not later than 14 days after receiving the withdrawal notice refund all payments received with a credit note.
If the customer withdraws from the Contract for the reason under point 3 of paragraph 2 of chapter 13, the company shall refund the customer a proportional part of the price corresponding to the period during which the Package was non-compliant with the Contract. The company shall also refund any advance payments covering the unused period. The refund will be made without undue delay and in any case no later than 14 days from receipt of the withdrawal notice with a credit note.
If the customer requests a proportional price reduction, the company shall refund the proportional part of the price corresponding to the period when the Package was non-compliant, without undue delay and no later than 14 days from the date of receiving the request with a credit note.
The company will perform all refunds using the same payment method used for the original transaction.
Fitcrea d.o.o. does not charge any fees for refunds.
15. Consequences of Withdrawal or Cancellation of Contract Renewal
The customer’s exercise of the right to withdraw ends the company’s obligation to perform the Contract.
In case of withdrawal, the customer must not use the ordered Package or make the digital content and services available to third parties, e.g., students.
The company will not use any content that is not personal data, provided or created by the customer through the use of the Package, except when:
- the content outside the Package is not usable;
- the content only concerns the customer’s activities in using the Package;
- the company has combined the content with other data and it can no longer be separated or would require disproportionate effort; or
- the content was jointly created by the customer and others and may continue to be used by other consumers.
Except in the cases listed above, the company shall make all content that is not personal data, which the customer provided or created through the use of the Package, available to the customer upon request.
The customer may retrieve the content from the previous paragraph free of charge within 1 year in a commonly used and machine-readable format without hindrance from the company.
If the customer informs Fitcrea d.o.o. by email that all content should be deleted before 1 year expires, the company will delete the content within 5 days.
Upon withdrawal, the company may prevent any further use of the Package by disabling access to the digital content or service or by disabling the User Account.
The provisions of this chapter also apply if the customer stops or cancels the automatic renewal. The consequences take effect after the last extended period expires.
If the customer requests a status change of their Package (e.g., upgrade, downgrade or cancellation) after the start of a billing cycle, payment for that cycle covers the entire period.
16. Privacy Policy and Personal Data Protection
The controller, processor, or user of personal data of registered users/administrators, customers, and students is Fitcrea d.o.o., digital services, Reteče 68, 4220 Škofja Loka, tel. 00386 40 820 299, email: info@fitcrea.com.
Fitcrea d.o.o. commits to permanent protection of all personal data in accordance with the General Data Protection Regulation and the laws governing personal data protection and processing in the Republic of Slovenia.
Fitcrea d.o.o. processes personal data of registered users/administrators and customers only if processing is necessary:
- to implement measures at the request of such individual before concluding the contract with Fitcrea d.o.o., specifically to create a User Account, conclude the Contract, and process payment for the Package;
- to fulfill the Contract.
Fitcrea d.o.o. also processes certain personal data of students obtained by registered users/administrators or customers in connection with using the Web Application and Package.
Registered users/administrators and customers are required to lawfully obtain and process student personal data and inform the student about which data will be processed by Fitcrea d.o.o. as described in this chapter.
Fitcrea d.o.o. processes the following personal data (hereinafter collectively: personal data):
- registered users’/administrators’ data: email, first name, last name, and phone number if provided,
- customers’ data: email, first name, last name, company name (if a legal entity), country, address including street, city, postal code, phone if provided, and credit card details;
- students’ data: email, first name, last name, address including street, city, postal code.
Fitcrea d.o.o. processes personal data for the following purposes and retains them for the following periods:
- data from point 1 are processed for creating User Accounts, which are required to use the Web Application and Packages, and are retained until the registered user/administrator deletes the User Account;
- data from point 2 are processed for concluding the Contract, processing payments for the Packages, performing the Contract, and communicating with the customer, retained throughout the validity of the Contract, and for 24 months thereafter if the customer renews the Contract, or deleted earlier if the customer deletes their User Account;
- data from point 3 are processed for registered users/administrators and customers to perform the Contract and provide technical assistance to students, and retained as determined by the registered user/administrator or customer but no longer than until deletion of the User Account.
Fitcrea d.o.o. stores personal data on servers in Slovenia and in a third country, namely the United States, with its data processors:
- DigitalOcean Holdings, Inc. (https://www.digitalocean.com/legal) and
- BunnyWay d.o.o. (https://bunny.net/).
Fitcrea d.o.o. will not disclose personal data to third parties except where necessary to fulfill the Contract, e.g., for payment processing.
If the customer withdraws consent for personal data processing or objects to further use of personal data, Fitcrea d.o.o. may terminate the Contract and delete all personal data of the customer, registered user/administrator, and students.
Fitcrea d.o.o. guarantees enforcement of rights in accordance with the General Data Protection Regulation (GDPR) and applicable personal data protection legislation in Slovenia.
Registered users/administrators, customers, students, and other individuals may:
- send a request by email to info@fitcrea.com or
- send a request by regular mail to Fitcrea d.o.o., digital services, Reteče 68, 4220 Škofja Loka,
to request:
- confirmation whether their personal data is being processed;
- access to their personal data;
- information about:
- the purpose of processing,
- the categories of personal data involved,
- users or categories of users to whom personal data have been disclosed,
- the retention period of the personal data;
- correction of personal data relating to them;
- deletion of personal data relating to them,
- restriction of processing (use) of personal data relating to them;
- object to the processing (use) of personal data relating to them;
- not to be subject to a decision based solely on automated processing of personal data, including profiling, which produces legal effects or similarly significantly affects them,
- data portability relating to them to another person,
- withdraw their consent to the processing of one or more personal data relating to them.
Fitcrea d.o.o. commits to fulfilling requests as soon as possible but no later than 1 month from receipt.
An individual has the right to file a complaint with the Information Commissioner (Dunajska cesta 22, 1000 Ljubljana, email: gp.ip@ip-rs.si, phone: 01 230 97 30, website: www.ip-rs.si) regarding the processing of personal data concerning them.
17. Limitation of Liability of Fitcrea d.o.o. and Obligations of the Customer and Administrator
Fitcrea d.o.o. does not guarantee uninterrupted and error-free operation of the Web Application and Packages. Fitcrea reserves the right to update and change the Web Application and Packages at any time and temporarily suspend operation during updates. The company will inform customers by email of any outages.
Fitcrea d.o.o. provides technical support to all registered users/administrators via email at info@fitcrea.com, every working day from 8:00 to 16:00.
The customer or registered user/administrator is fully responsible for safeguarding the User Account password. The company is not liable for any loss or damage due to loss or forgetting the password or inability to access the User Account and use the Web Application and Packages.
Use of the Web Application and Packages for illegal or unauthorized purposes is prohibited.
The customer or registered user/administrator is obliged to prepare and publish their own General Terms and Conditions and, in particular, all legally required notices regarding the processing and protection of personal data related to students, visitors, and other users of their websites or courses before offering their content to individuals (students) within the Web Application and Packages.
The customer or registered user/administrator is fully responsible for all course content such as videos, files, data, graphics, photos, and links uploaded under their User Account in the Web Application. Uploading viruses, worms, or any other destructive computer code is prohibited.
Fitcrea d.o.o. reserves the right to remove course content and terminate User Accounts containing content considered illegal, offensive, threatening, defamatory, pornographic, inappropriate, or otherwise objectionable or infringing intellectual property or these Terms and Conditions if the customer or registered user/administrator does not remove such content upon written notice.
NO WARRANTIES AND REPRESENTATIONS
Fitcrea d.o.o. makes no warranties regarding any aspect of the services, website, platform, application, products, or any materials related or offered in connection with the Package, and to the fullest extent permitted by law disclaims all implied warranties including fitness for a particular purpose, accuracy, timeliness, and merchantability. By purchasing a Package or any product or program, you accept full responsibility for your progress and outcomes and acknowledge that we provide no representations or guarantees, oral or written, regarding your future earnings, business profits, marketing success, audience growth, or any results. The company does not guarantee any results from use of our ideas, tools, strategies, or recommendations. Information in or about the services may change. Fitcrea d.o.o. provides no assurances as to the accuracy, completeness, reliability, currency, or error-free nature of any information. Fitcrea d.o.o. disclaims liability for inaccuracies or omissions.
LIMITATION OF LIABILITY
You agree that Fitcrea d.o.o. shall not be liable under any circumstances for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or related to these terms or the transactions contemplated (whether for breach of contract, tort, negligence or otherwise) regardless of whether Fitcrea d.o.o. was advised of the possibility of such damages. In no event shall the company’s liability exceed the amount actually paid by the Customer to Fitcrea d.o.o. for the services.
18. Copyrights
The content of the Website, Web Application, and all Packages is the property of Fitcrea d.o.o., digital services, Reteče 68, 4220 Škofja Loka, and is protected by copyright law and related regulations. It may not be reproduced or used without prior explicit written permission of Fitcrea d.o.o.
19. Complaints and Disputes
Fitcrea d.o.o. respects applicable consumer protection legislation. The company strives to ensure an effective complaint handling system.
In case of issues, the customer can contact Fitcrea d.o.o. by phone at 00386 40 820 299 or by email at info@fitcrea.com.
Complaints are submitted via email to info@fitcrea.com. The complaint handling process is confidential. Fitcrea d.o.o. will confirm receipt within five working days, inform the customer how long the process will take, and keep them updated.
20. Out-of-Court Consumer Dispute Resolution
According to legal norms, Fitcrea d.o.o. does not recognize any out-of-court dispute resolution body as competent to resolve consumer disputes which a customer-consumer might initiate under the Consumer Dispute Resolution Act.
Fitcrea d.o.o., as a service provider operating an online store in Slovenia, publishes on its website an electronic link to the platform for online dispute resolution (ODR). The platform is available to consumers here. More information on dispute resolution is available at the competent ministry’s website here.
This regulation is based on the Consumer Dispute Resolution Act, Regulation (EU) No 524/2013 of the European Parliament and Council on online dispute resolution and amendments to Regulation (EC) No 2016/2004 and Directive 2009/22/EC.
21. Applicable Law
For all areas not regulated or defined by these General Terms and Conditions, the valid regulations of the Republic of Slovenia apply.
22. Final Provisions
These General Terms and Conditions apply from the date of their acceptance until their revocation or amendment.
Fitcrea d.o.o. reserves the right to amend the General Terms and Conditions. In such case, all customers and registered users/administrators will be notified by email, and the new or amended General Terms and Conditions will be published on the company website.
If any provision or part thereof in the General Terms and Conditions is or becomes invalid, the remaining provisions shall remain valid, and the invalid provision or part thereof shall be replaced to achieve the purpose and intent of the contract.
Reteče, dated 10.9.2024
Fitcrea d.o.o.
Kristian Lev, director