Conditions of Use

Joker Fitness Ltd. - hereinafter referred to as "Company"
Address: Brodarice 6, 21000 Split - hereinafter referred to as „Address“
OIB (personal identification number): 56659428976
Email:- hereinafter referred to as "Company Email"
Website: fitnesscentarjoker.hr - hereinafter referred to as " Website"

By accessing and using the Company Website, you agree to the following Terms of Use. These Terms of Use apply to all content and services published on the Website. By using any part of the Website, including all its parts, users are deemed to have read and accepted these terms and all risks associated with the use of this Website, and agree to use the content of this Website for personal use and at their own risk.

Order

The purchase agreement between the Company and the user who has made a purchase in the online store is concluded at the moment when the Company sends the first email to the customer/user regarding the status of their order. From that moment on, all prices and other conditions that apply to the Company and the customer/user are valid. The customer/user is the person whose data is provided during registration or when submitting an order. It is not possible to change the customer's data in the executed order subsequently. The purchase agreement, i.e. the email regarding the status of the order, is saved in electronic form on the server of the Company's Website.

Membership begins to apply at the moment of confirmation of payment of the membership/service, not at the moment of visiting the Company's premises.

Delivery time and method

The Company, as the owner of the Website, undertakes to deliver the correct ordered goods/services to the customer as soon as possible, starting from the moment of payment. Delivery of the service is carried out on the territory of the Republic of Croatia using the premises of the Company by the customer according to the purchasing conditions established, and delivery of the goods is carried out through specialized delivery services and/or Croatian Post or by pick-up at the Company's premises. The delivery price is stated in the offer sent by the Company and is an integral part of it. The invoice for the delivered services to the customer is issued at the Company's premises.

Prices

The Company is not responsible for price changes that may occur at any time without special notice. Ordered and paid goods are not subject to price changes.

Automatic membership/subscription billing

Automatic membership/subscription billing includes uninterrupted and continuous use of the Company's service membership (for the option selected by the User) for 12 months, starting from the day the subscription is activated, and billing for membership according to the terms of the option selected by the user, and according to the price list that was posted on the Company's website at the time of the initial purchase. The service price does not change for the entire duration of the subscription.

The subscription is automatically renewed for 12 months from the purchase. After the 12 months have expired, the subscription automatically expires and there is no need to cancel it.

The contract can be unilaterally terminated within 14 days of its conclusion by using the form for unilateral termination of the contract or through any other unambiguous statement expressing your intention to terminate the contract, in a durable medium.

The subscription contract can be cancelled at any time, but in accordance with Article 86 of the Consumer Protection Act, the Company is not obliged to refund the costs to the user.

Any refund to members is considered by the Company on a case-by-case basis, depending on whether the user is objectively unable to use the Company's services for an extended period of time (due to illness, serious injury, pregnancy).

DOWNLOAD THE FORM FOR UNILATERAL TERMINATION OF THE CONTRACT ➜

In the event that the validity period of the card used for the subscription/automatic renewal of the membership fee expires before the subscription expires, the user will receive a notification by email that the payment has not been processed and that the membership fee will not be renewed. In this case, if the user wishes to continue using the subscription service, they must rejoin with a subscription for the next 12 months because the existing membership will be terminated.

Return of goods and consumer protection

The customer has the right to return goods that were not ordered or goods where a subsequent error or damage was discovered, which did not occur during transport. The Company will approve the return of the goods after mutual agreement (by phone or email), with instructions for the return, and will send the customer a new shipment at no additional cost.

The customer has the right to file a written complaint to the Company's headquarters or by mail to the address:

Company

Company address

or by email at . The Company is obliged to respond to the complaint within 15 days of receiving it. The Company is obliged to keep a written record of consumer complaints from Article 1 of this article for at least one year from the day of receiving the complaint.

Before concluding a contract (purchase), the Company will inform the consumer, through a proforma invoice (offer), text on this website, or in another way, about the name, address and registration number of the Company to which the consumer can submit their complaints, the main characteristics of the products offered, the price of the products, including all taxes and other charges, the delivery costs of the products, the payment method, the method, and the delivery time of the products, the consumer's right to terminate the contract in accordance with the Consumer Protection Act, situations in which the consumer's right to terminate the contract is excluded, the costs of using means of distance communication when that cost is not charged based on the basic tariff, and the period during which the offer or price is valid.

At the latest upon delivery of the product, or at the latest on the day of the beginning of the service provided to the consumer, a confirmation of prior notification will be given to the consumer in writing or in another permanent medium accessible to the consumer, which will contain all the information contained in the prior notification.

Unilateral termination of the contract

Any sales contract concluded by means of distance communication to which the rules contained in the Consumer Protection Act apply, the consumer may terminate within 14 days (unilateral termination of the contract) without stating a reason. The right to terminate the contract applies only to the sale of goods.

Termination of the contract under Article 86 of the Consumer Protection Act (NN 19/2022) for contracts relating to the sale of services (concluded through the Company's Website) entails the payment of all remaining debts to the Company that the user is obliged to settle under the contract.

Form for unilateral termination of the contract

The form for unilateral termination of the contract is available HERE.

Calculation of the deadline for unilateral termination of the contract

You can unilaterally terminate the contract within 14 days without stating a reason. In order to exercise the right to unilateral termination of this Agreement, you must notify us of your decision to unilaterally terminate the contract before the deadline expires, by an unambiguous statement sent by mail, fax or email to , in which you will state your name and surname, address, telephone number, fax number, or e-mail address.

The deadline for unilateral termination is 14 days from the day when the goods that are the subject of the contract are delivered into your possession or from the day when the service is made available to you or to a third party designated by you who is not the carrier.

Termination of the contract according to Article 86 of the Consumer Protection Act (NN 19/2022) for contracts related to the sale of services (concluded via the Company's website) entails the payment of all remaining obligations to the Company that the user is obliged to settle under the contract.

If you believe that your rights have been violated as a buyer, you can send your complaints to us via email at to seek an out-of-court settlement. In the event of a dispute, the Company and the consumer will resolve the dispute amicably, and if that is not possible, they agree to the jurisdiction of the competent court in the Republic of Croatia, with the application of Croatian law. Other mechanisms for out-of-court settlement of consumer disputes can also be used before other mediation centers that, within their jurisdiction, deal with alternative dispute resolution of consumer disputes.

Throughout the EU, disputes related to online purchases can be resolved through the ODR platform of the European Commission. The Buyer can access the platform for resolving consumer disputes online via the link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR.

Refund of the amount paid

If you unilaterally terminate this Agreement, we will refund the money we received from you without delay, and no later than 14 days from the day the goods are returned to us or after you provide us with proof that you have sent the goods back to us.

The refund will be made in the same way you made the payment. If you agree to a different method of refunding the amount paid, you will not incur any costs in relation to the refund.

We can only make a refund after the goods are returned to us or after you provide us with proof that you have sent the goods back to us.

Refunds for the purchase or reservation of services (gym memberships, group or individual training, diagnostics) are not possible in case of contract termination by the User (according to Article 86 of the Consumer Rights Act, NN 2022), unless otherwise agreed with the Company.

Return of Goods

Return the goods to our address or hand them over to us without undue delay, in any case no later than 14 days from the day you have informed us of your decision to unilaterally terminate the contract. You are responsible for the direct costs of returning the goods. You are responsible for any reduction in the value of the goods that results from handling the goods, except that which was necessary to determine the nature, characteristics, and functioning of the goods.

Payment

Payment is made in euros (EUR) for payments from Croatia or abroad. Payment is made by credit card after sending your order.

Credit Card Data

The Company's website uses WSPay for online payments. WSPay is a secure system for online payments, real-time payments, credit and debit cards, and other payment methods. WSPay provides the customer and the merchant with a secure entry and transmission of entered card data, as confirmed by the PCI DSS certificate that WSPay has. Read more HERE.

Copyright

The Company's Website holds copyrights to all of its own content (textual, visual and/or audio and/or video materials). Unauthorized use of any part of the Company's Website without the owner's permission is considered a violation of the website's copyright and is subject to legal action.

Privacy and Data Protection

The Company is committed to the permanent protection of users' personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Personal Data Protection Act. The Company is committed to protecting the buyer's personal data by collecting only the data necessary to fulfill our obligations to the buyer. Read more HERE.

Right to Change Content and Services

The Company reserves the right to change, remove (temporary and permanent) any content, product or service on its website without prior notice.

User Obligations

Users of the Company's Website are strictly prohibited from:

Falsely representing, i.e. representing in the name of another legal or natural person
False ordering of products and/or services with the conscious aim of canceling orders
Posting, sending and exchanging content that violates existing Croatian and/or international laws, content that is offensive, vulgar, threatening, racist or chauvinistic, and harmful in any other way
Posting, sending, and exchanging information that the user knows or assumes to be false, whose use could harm other users, private or legal persons
Manipulating identifiers to conceal the origin of content being published or sent through Company's website services
Posting, sending and exchanging content that is protected by copyright
Posting, sending and exchanging unwanted content to users without their consent or request, or by deception