Owner: Mag. Alfredo Scarlata
Annagasse 5/2/7, 1010 Vienna
Insofar as names referring to natural perso¬ns in this contract are given in masculine form only, they refer to women and men in the same way. When applying the term to certain natural persons, the gender-specific form must be used.
1. Scope of the Terms
1. The following terms and conditions (GTC participants) apply to all business relationships between the customer, FitBloom (owner: Mag. Alfredo Scarlata) and the fitness expert
• from the use of the online platform “FitBloom”,
• the provision of fitness services through FitBloom and
• the booking and the conclusion of fitness service contracts between the client on the one hand and the fitness expert on the other.
2. The valid version at the time of the conclusion of the contract is decisive.
3. Deviating, conflicting or supplementary terms and conditions, even if known, are not part of the contract, unless FitBloom has expressly agreed to their validity in writing.
4. GTC of the customer contradicts FitBloom expressly.
5. Changes to the Terms and Conditions shall be notified to the customer and shall be deemed to have been agreed if he does not object to the amended GTC in writing within 14 days; The customer is expressly advised of the importance of silence in the communication.
2. About FitBloom
1. FitBloom allows fitness professionals to showcase and offer their services to the customer.
2. FitBloom provides the client with a direct channel for booking fitness services from the fitness experts.
3. In the case of a booking, the service contract is concluded directly between the customer on the one hand and the fitness expert on the other hand. The fitness expert alone is responsible for the fulfillment and execution of the service contract.
4. The customer acknowledges that FitBloom’s service is complete with the provision of the fitness service.
5. The use of the fitness booking platform is – unless otherwise stated – basically free for the customer.
6. However, the customer can not derive a legal claim for the future from the free provision of the platform. FitBloom reserves the right to discontinue or restrict the platform at any time and to block the customer without giving reasons.
1. FitBloom can also offer apps for download to their end device for the use of their services. The apps may be required to use the services of FitBloom.
2. When downloading the general terms and conditions of the online store (for example, iTunes, Google play), on which FitBloom has no influence. The conditions of the download of the apps are displayed on the screen of the terminal.
3. The customer acquires the non-exclusive, but temporally and locally unlimited right to save a copy of the app for his own use on his device.
4. Updates of the Apps, the customer has to expressly agree; this consent can also be given in advance.
5. The apps in their entirety are the property of FitBloom and are protected by copyright.
4. Information requirements
According to § 5a (1) Consumer Protection Act (KSchG) and § 4 Abs. 1 Fern- und Auswärtsgeschäfte-Gesetz (FAGG) FitBloom provides the customer with the following information, as far as this is already possible within the scope of the Terms and Conditions:
1. Essential features of the service: FitBloom’s service consists of operating a fitness booking platform. Registration for the platform is free for consumers.
2. Main characteristics of the products: These can be found in the product descriptions.
3. Contracting party from the use of the fitness booking platform: Mag. Alfredo Scarlata, Annagasse 5/2/7, 1010 Vienna, firstname.lastname@example.org
4. Contracting party from the booking of fitness services: the respective fitness expert
5. Total price / cost: The prices shown include all taxes and fees.
6. Costs of remote communication: Normal tariff of the customer (no value-added tariffs).
7. Terms of payment: Credit card / (instant) bank transfer / paypal.
8. Right of withdrawal: see cancellation policy
9. Warranty: according to § 922 ff ABGB; for goods manufacturer’s warranties possible.
5. Use or Registration
1. By using or registering, the customer bindingly declares his contract offer on the use of the platform, which can be accepted by FitBloom through provision or activation.
2. Upon registration, the user must provide the requested data, in particular his first and last name, his e-mail address and password, and accept the terms and conditions as amended. In addition, he can already provide the billing address, payment data (credit card details) and telephone number when registering.
3. FitBloom is entitled to reject the customer’s offer for activation without stating reasons.
4. The customer is responsible for the security and confidentiality of the access data to his personalized online area. FitBloom recommends using a strong password.
1. The fitness experts invite the customer, by providing information on the platform, to make an offer to acquire fitness services; This invitation is non-binding.
2. The order is open to natural persons who must be at least 18 years old at the time the contract is concluded. Minors are represented by their legal representatives.
3. With the order, the customer declares his contract offer to the fitness expert. In the event of an order placed by electronic means, FitBloom will immediately confirm access on behalf of the fitness expert. The confirmation of receipt does not constitute a binding acceptance of the order.
4. The fitness expert is entitled to accept the contract offer (= booking of the customer) expressly by sending the booking confirmation, for which he uses the services of FitBloom. The fitness service contract comes about with the transmission of the (electronic) booking confirmation.
5. The fitness expert is entitled to refuse to accept the booking or, if technically possible, to propose an alternative appointment.
7. Legal withdrawal or withdrawal right
A) when booking appointments
1. When booking fitness services for a specific date, there is no statutory right of withdrawal or cancellation (§ 18 Abs 1 Z 10 FAGG).
B) on acquisition of “blocks” and “subscriptions”
2. The customer is, insofar as he is a consumer within the meaning of the KSchG or consumer within the meaning of the FAGG, legally entitled to revoke his contractual declaration (order) outside the business premises of FitBloom pursuant to § 3 KSchG and § 4 Abs. 1 Z 8 FAGG (after acceptance) to withdraw from the contract on the terms of the following revocation.
3. Withdrawal period: The withdrawal is to be exercised within 14 days after confirmation of the purchase.
4. Cancellation Policy: According to § 3 KSchG and § 4 Abs 1 Z 8 FAGG FitBloom teaches the customer about the following legal right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of confirmation of the booking (= acceptance of your offer).
Alfredo Scarlata, Annagasse 5/2/7, 1010 Vienna, E-Mail: email@example.com by means of a clear statement (eg a with.) To exercise your right of revocation, you have us, “FitBloom” letter or e-mail sent by post) about your decision to cancel this contract.
You can electronically complete and submit the sample revocation form or any other unequivocal statement on our website www.fitbloom.at. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
FOLLOWING THE REVOCATION
If you withdraw from this contract, we will refund you for any payments you have received from us without delay and no later than fourteen days from the date on which the notice of cancellation of this contract is received. For such repayment, we must use the same means of payment as used in the original transaction unless expressly agreed otherwise with you; In no case you will be charged for these repayment fees.
8. Cancellation or change of deadline
1. Under the current legal situation, there is basically no right to unilaterally withdraw from agreed bookings. Under this legal situation, the customer would therefore be obliged to pay the agreed fee in full.
2. For a fee of 10% of the agreed fee, the Fitness Expert grants his customer the possibility to cancel the confirmed booking up to 24 hours before the agreed date.
3. Alternatively, the customer has the right to relocate the appointment to a replacement date or – with the approval of the fitness expert – as a redeemable, but non-refundable balance up to 24 hours before the agreed date.
4. A cancellation or transfer of confirmed bookings within 24 hours before the agreed date is only possible with the express consent of the fitness expert.
1. Unless otherwise agreed, the customer is obligated to pay the agreed fee immediately using the payment methods shown (in particular credit card, PayPal).
2. FitBloom was given the order by the fitness expert to act as its Paying Agent. The payments made by the customer to the fitness expert therefore have a debt-discharging effect on the fitness expert.
3. Proper billing is done by the fitness expert. The fitness expert can make use of invoicing services provided by FitBloom.
4. As soon as and as long as the customer is in a qualified default (§ 13 KSchG) with one or more payments, FitBloom or the fitness expert is entitled to withholding services until payment is made; the obligation of the customer to pay remains upright.
5. Suspension / Cancellation in the event of non-payment: In the event of late or full payment, FitBloom or the Fitness Expert reserves the right to block the Client’s access to the Platform or to cancel the booking.
6. The statutory default interest applies. In the case of default in payment, FitBloom or the fitness expert is entitled to charge a maximum of € 25.00 per reminder and / or to hand the matter over to a collection agency / attorney for further prosecution. The appropriate costs of this external operation are also to be replaced by the customer.
7. If FitBloom or the Fitness Expert has granted installment or installment payment options, a loss of date shall be deemed to have been agreed and, in the event of default in payment, upon written reminder with a grace period set to make all outstanding amounts due to the Customer.
10. Warranty / Liability
1. FitBloom warrants according to the provisions of §§ 922 ff ABGB for the placement service, but not for the fitness service contract with the fitness expert. There is no warranty obligation for services provided by FitBloom free of charge.
2. The fitness experts render the customer a direct contractual relationship according to the provisions of §§ 922 ff ABGB
3. The liability of FitBloom and its organs, employees, contractors or other vicarious agents (“people”) as well as that of fitness experts is basically limited to intent or gross negligence; Liability for slight negligence is excluded. This disclaimer of liability does not apply to personal injury or damage to property that FitBloom has accepted for processing. As far as the liability is excluded or limited, this also applies to the personal liability of the people and the fitness experts.
4. FitBloom provides all services in accordance with the existing technical, economic, operational and organizational possibilities. Therefore, FitBloom does not warrant any interruptions, malfunctions, delays, deletions, transmission errors or memory failure in connection with the use of services or communication with the customer.
5. The customer acknowledges that the services offered by FitBloom are also offered with the involvement of third party network operators. The availability of the services is therefore dependent on the technical provision of third party network services. FitBloom assumes no obligation to keep the services offered uninterrupted and online at any time.
6. For reasons of force majeure, strikes, lockouts and official orders, as well as technical changes to FitBloom’s equipment or maintenance, services may be restricted.
7. The customer is entitled to use the services at his own risk and expense and is obliged to use only suitable technical devices. The customer is also obliged to use the services only in compliance with statutory provisions and to refrain from any improper use.
8. As far as FitBloom allows access to online services of third parties on its platform with links, it is not responsible for the third-party content contained therein. FitBloom does not endorse the linked content. Please refer to firstname.lastname@example.org for links to illegal content.
11. Posted content
If FitBloom allows the customer to post its own content for publication or to give ratings, the following provisions apply:
1. Customer’s content (e.g., comments, pictures, video) can be made available to all users for viewing. FitBloom is unable to exercise immediate control over the content; He therefore assumes no responsibility for the content, accuracy and form of this content. The customer is responsible for his content.
2. The customer grants FitBloom a temporally, objectively and geographically unrestricted, transferable and non-exclusive right of use and exploitation (for example also for citation and referencing). FitBloom is not obligated to keep the content available. FitBloom may reject the content of the customer at any time, publish, shorten or delete it at another location.
3. The customer guarantees FitBloom not to post any content, the provision, publication or use of which violates applicable law or violates the rights of third parties. The use of racist, pornographic, inhuman, insulting and outrageous contributions is expressly prohibited. In particular, the customer guarantees that no rights (in particular copyrights and personal rights) of third parties are violated with the content set.
4. The customer undertakes to indemnify and hold harmless FitBloom and its people in respect of all legitimate claims, which are justified by an unlawful content, as well as to render full satisfaction for the disadvantages incurred; this includes the costs of a necessary and appropriate legal defense.
5. If a third party claims to have been violated by the contents in its rights, FitBloom is entitled to disclose the contact data stored about the customer.
If FitBloom organizes a raffle, it will, unless otherwise stated, underlie the following raffle conditions:
1. Eligible for participation are natural persons.
2. Employees of FitBloom, Affiliates and the companies that cooperate in the Sweepstakes are not eligible.
3. FitBloom reserves the right to exclude participants from the raffle who influence or attempt the raffle unfairly.
4. The winners will be determined after the conclusion of the competition and notified by e-mail.
5. A cash payment of the profit and the legal process are excluded; personal taxes, duties, fees and follow-up costs are borne by the winner.
6. The participants agree in the event of winning the publication of their name and at best their photo.
13. Final Provisions
1. For all disputes arising in connection with the present contract, including the effects and consequences, the exclusive jurisdiction of the competent court for 1010 Vienna is agreed. Place of performance is 1010 Vienna.
2. If the customer is a consumer within the meaning of the KSchG, the place of jurisdiction for claims by FitBloom against the customer shall only be deemed agreed if the latter has his domicile or habitual residence in Vienna at the time of the conclusion of the contract or is employed in Vienna.
3. In any event, the contracting parties agree on a place of jurisdiction in Austria. Material Austrian law applies excluding the UN sales law and the reference standards.
4. Should individual provisions of this contract be or become invalid in whole or in part, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions.