TERMS OF USE – PURCHASE
on the sales point skyexperience-shop.rs

I Introduction

These General Terms and Conditions (hereinafter also referred to as: General Terms or Terms) define the terms of sale through the website at the web address skyexperience-shop.rs, in accordance with the provisions of articles 142-143 of the Law on Obligations of the Republic of Serbia (“Official Gazette of the SFRY”, no. 29/78, 39/85, 45/89 – decision of the Constitutional Court and 57/89, “Official Gazette of the FRY”, no. 31/93 and “Official Gazette of the SCG”, no. 1/2003 – Constitutional Charter) and in accordance with the provisions of Articles 26-29, 31-35, 55 of the Consumer Protection Act (“Official Gazette of RS”, no. 88/2021). These General Terms and Conditions define all relations between the Merchant and the Buyer in connection with the sale through the Merchant’s web store, in accordance with the valid regulations of the Republic of Serbia.

By purchasing through the website skyexperience-shop.rs, the Buyer fully agrees with the content and application of these General Terms and Conditions of the Merchant on all relations between the Merchant and the Buyer regarding the completed purchase and the manner of providing Services, unless otherwise expressly agreed in writing between the Merchant and the Buyer. These General Terms and Conditions also define the rights and obligations of the Buyer regarding the use of the Services towards the Service Provider.

These General Terms and Conditions define:

• General terms of purchase and use of Services;
• Resolution of Buyer complaints;
• Buyer’s right to withdraw from the Contract and other Buyer rights in accordance with the Consumer Protection Act;
• General terms of collection, use, and processing of Buyer’s personal data;
• other issues of importance for the contractual relationship between the Merchant and the Buyer.

I DEFINITIONS

For the purposes of these Terms, the following words and expressions shall have the meanings defined here:

a) Merchant – PROWELLNESS D.O.O. TADEUŠA KOŠĆUŠKOG 63, BELGRADE, a company established and registered in accordance with the regulations of the Republic of Serbia, with registered office at TADEUŠA KOŠĆUŠKOG 63, BELGRADE – Stari Grad, registration number: 07552262, tax identification number: 101821719, whose predominant registered activity is 9313 – Fitness club activities, contact phone: 011 292 08 20;

b) Buyer – a natural or legal person who, through the website skyexperience-shop.rs, purchases Services provided by the Service Provider from the Merchant; the Buyer may be a natural person over eighteen years of age who has paid for the Service or a person over 16 years of age, if one of the parents has paid for the Service on their behalf. The parent is fully responsible for the obligations of minor individuals.

c) Services – fitness and recreation services offered by the Merchant through the web store at the address skyexperience-shop.rs, provided to Buyers by the Service Provider;

d) Billing period – the period selected by the Buyer during the purchase (for example, daily, weekly, monthly, semi-annual…) in which the Buyer has the right to use the purchased Services from the Service Provider, counting from the day of purchase until the expiration of the last hour, the last day of the selected period.

e) Service Provider – PROWELLNESS D.O.O. TADEUŠA KOŠĆUŠKOG 63, BELGRADE, a company established and registered in accordance with the regulations of the Republic of Serbia, with registered office at TADEUŠA KOŠĆUŠKOG 63, BELGRADE – Stari Grad, registration number: 07552262, tax identification number: 101821719, whose predominant registered activity is 9313 – Fitness club activities, contact phone: 011 292 08 20;

f) Membership card – Personal and non-transferable identification means of the Buyer at the Service Provider in the form of a plastic card and digital account on the Application.

g) Center – Refers to the facility named Sky Experience at the address TADEUŠA KOŠĆUŠKOG 63, BELGRADE – Stari Grad, where the Service Provider provides services.

h) Application – Refers to the application “Technogym” used by the Service Provider for scheduling group exercise sessions and as a training log for the Buyer.

Contact Information – Customer Service
that users/buyers can contact to obtain necessary information regarding their order, as well as in case of complaint or cancellation of the order:

Company Name: PROWELLNESS DOO
Address: TADEUŠA KOŠĆUŠKOG 63, 11000 BELGRADE
Contact Phone: 0112920820
Contact Email: info@skyexperience.rs

Delivery of Goods and Potential Limitations Considering that we sell services – your account will be charged as soon as you make the payment, and at that moment, the service you paid for will be available to you, for which we will send you a confirmation email.

Refund Policy In case of return of goods/service and refund to a customer who previously paid with any of the payment cards, in whole or in part, regardless of the reason for the return, PROWELLNESS DOO is obliged to make the refund exclusively through VISA, EC/MC, Maestro, Amex, and Dina payment methods, which means that the bank, upon the seller’s request, will refund the funds to the user’s card account.

DECLARATION OF VAT
VAT is included in the price, and there are no hidden costs.

Protection of Confidential Transaction Data
When entering payment card data, confidential information is transmitted over the public network in a protected (encrypted) form using SSL protocol and PKI system, as the currently most advanced cryptographic technology.

Data Security During Purchase is guaranteed by the card processor, Banca Intesa ad Belgrade, so the entire payment process is carried out on the bank’s pages. At no time are the payment card details available to our system.

III GENERAL TERMS OF PURCHASE AND USE OF SERVICES

This section of the Terms regulates the conditions under which the Merchant sells, and the Buyer purchases and uses Services through the web store. The Buyer may be a natural person over eighteen years of age who has paid for the Service or a person over 16 years of age, if one of the parents has paid for the Service on their behalf. The parent is fully responsible for the obligations of minor individuals.

1. By purchasing a specific package of Services through the web store, the User acquires the right to use the purchased Service Package within the designated Billing Period. The Service Provider is not responsible if the Buyer does not use the purchased Service Package for reasons related to the Buyer, and is not obligated to refund the paid price to the Buyer. This does not affect the Buyer’s right to terminate the Contract concluded at a distance, i.e., outside the business premises of the Service Provider, in accordance with the Consumer Protection Act and these Terms.The Service is activated upon first use (club, sauna, training, measurement, etc.).
   *The Service is activated upon completing the Service Package Questionnaire at the Center’s premises. The said Questionnaire will define the activation date of the paid Service.
2. The Service Package is purchased exclusively electronically, through online payment by credit cards (Visa, Mastercard, Maestro, Dina Card, and American Express). When choosing the credit card payment option, you will be redirected to the HOLEST E-COMMERCE secure payment page. Payment is processed by Banca Intesa AD Belgrade, and the entire payment process takes place on the bank’s pages; at no time are card details available to our system. After successful payment, the services you paid for will be available to you.The price of the service remains unchanged during the validity of the paid Service. Any User can cancel the active Service Package whenever they wish. In such a case, the amount paid for the Service Package is not refunded to the User and cannot be transferred to another person without the prior consent of the Center. Any user paying for a recurring payment service cannot terminate the service until the end of the agreed period.
3. The Membership card is personal and non-transferable, and it serves as the user’s identification for Services, records visits, and the Buyer must present it at the request of the Service Provider’s staff. The Buyer is responsible for the accuracy of personal data, correct address, and personal contacts provided to the Service Provider. It is considered that the valid data are those last provided by the Buyer unless they have informed the Service Provider, or the Service Provider in writing about their change.
4. For personal safety, the safety of other Center users, as well as staff safety, and to prevent unauthorized and unlawful actions, the Buyer is required to leave their membership card at the Center’s reception during the use of Services.
5. The provision of personal training services on the premises of the Service Provider is permitted only to individuals engaged by the Service Provider. The provision and/or use of personal training services by third parties result in immediate exclusion from membership, without the obligation of the Service Provider or Merchant to refund the membership fee, with the Service Provider retaining the right to claim compensation for any resulting damages.
6. The Buyer declares that they have voluntarily, at their sole risk and responsibility, accessed the Services provided by the Service Provider and the use of equipment and facilities under the assumption of the risk of injury or contracting any diseases or health conditions arising from activities at the Center, as well as the possibility of damages.
7. The Buyer agrees and acknowledges that the employees and representatives of the Service Provider are not experienced in diagnosing, examining, and treating any medical conditions. Additionally, the Buyer agrees not to use the Center in the event of any medical condition involving open wounds, injuries, infections, illnesses, or an inability to maintain personal hygiene.
8. The Buyer agrees to use the equipment, locker rooms, saunas, showers, or Center facilities at their own risk. The Buyer participates in any activity, program, training, or any other currently or future available program at their own risk.
9. The Buyer agrees to adhere to all behavioral rules and regulations posted by the Service Provider, starting from the moment of commencing the use of Services.
10. The Buyer is informed that the Service Provider is not liable for the loss or theft of personal belongings. The Service Provider is not responsible for the Buyer’s personal belongings and valuables, even when locked in lockers.
11. The Buyer is informed that bringing alcohol, drugs, doping substances into the Service Provider’s premises, as well as smoking in all areas, is prohibited, and the Service Provider will report any illegal activity to the competent state authorities.
12. If it is determined that the Buyer has been violent or threatened someone during their stay on the Service Provider’s premises, they will be immediately expelled and excluded from membership, without the Service Provider being obligated to refund the paid membership fee or pay any other compensation to the excluded Buyer.
13. The Buyer declares that they have been warned that in case of committing a criminal offense such as theft, destruction, or damage to someone else’s property, as well as in the case of committing any other criminal offense, they will be promptly reported to the competent state authorities.
14. The Buyer declares that they are aware that the Service Provider, in the event of damage caused by the Buyer and/or the existence of any civil liability of the Buyer, will enforce all its rights using all available legal means.
15. The Center is not responsible if force majeure or the behavior of other Users affects the quality of the provided service. During the duration of the Service Package, the User has the right to submit a written complaint. The Center is obliged to respond to the complaint submitted in writing by the User within 8 days from the date of receipt.
16. The Buyer is informed that in the event of violating any of the aforementioned rules or behavioral rules posted in a visible place, the Service Provider will terminate this contract with the Buyer, without being obligated to refund the paid membership fee in full or in part to the Buyer.
17. The customer acknowledges being aware that the service provider’s premises are under surveillance by security cameras and that recordings, upon request, will be provided to the relevant authorities in accordance with the law.
18. The customer declares that they will promptly familiarize themselves with any other behavioral rules posted by the service provider in visible areas.
19. The Buyer hereby expressly declares that they are aware that the Service Provider may use their personal data for the purpose of proper and complete performance of contractual obligations, as well as for marketing and statistical purposes, in accordance with the provisions of the General Terms and Conditions for the collection, use, and processing of personal data of users, which are an integral part of these General Terms and Conditions. The User’s withdrawal of consent for their personal data to be used for marketing and statistical purposes in no way constitutes a reason for discontinuing the provision of Services purchased from the Service Provider.
20. The Buyer hereby expressly declares that, in connection with or in relation to the use of Services, they will not assert any claims against the Service Provider, except for claims expressly authorized by these General Terms and Conditions. The Buyer will assert all their claims in connection with or in relation to the use of Services only and exclusively against the Service Provider.
21. The Center will, during the year, temporarily decommission certain facilities for regular maintenance or overhaul for a period of no longer than 3-5 days, which will not be subject to the extension of the Service Package duration. The Center reserves the right to close the Center for use for a longer period once a year due to annual technical maintenance. The Center is obliged to inform the User in advance in an appropriate manner and compensate for the same period by extending the duration of the Package.

IV. CUSTOMER COMPLAINTS – Complaints Policy

In accordance with the Consumer Protection Act, this section of the General Terms regulates the manner of lodging complaints, the place of receipt, and the handling of complaints received from Customers by the Service Provider, as well as the conditions relating to the exercise of the Customer’s rights as a consumer based on the conformity of the Services provided.

1. Method of lodging a complaint: Customers may lodge complaints regarding contracted and paid Services with the Service Provider at all business premises of the Service Provider where the Services to which the complaint relates are used, every working day during the operating hours of the Centers. Service Provider receptionists at the Center are authorized to receive complaints. Complaints can be submitted in one of the following ways:
   • • Verbally at the Center where the service was used;
     • In writing on the complaint form at the Center;
     • By mail to the address PROWELLNESS D.O.O. TADEUŠA KOŠĆUŠKOG 63, BELGRADE – Stari Grad;
     • Electronically to the email address info@skyexperience.rs.

   Purchased Services can only be complained about with the submission of an email confirmation of the purchased services or other relevant proof (copy of the receipt, slip, etc.) of purchase or use of the Services. The Service Provider is obliged to issue a written confirmation or electronically confirm receipt of the complaint to the Customer as a consumer, or to state the number under which his complaint is registered in the record of received complaints.

2. Deadline for deciding on a complaint: The Service Provider is obliged to respond to the Customer as a consumer to the lodged complaint in writing or electronically, without delay, and no later than eight days from the day of receiving the complaint.The Service Provider’s response to the complaint from the Customer as a consumer must include a decision on whether to accept the complaint, an explanation of the Customer’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 date of filing the complaint. The Service Provider is obliged to act in accordance with the decision, proposal, and deadline for resolving the complaint, if it has obtained prior consent from the Customer. If, due to objective reasons, the Service Provider is unable to meet the request of the Customer as a consumer within the agreed deadline, it is obliged to inform the Customer about the extension of the deadline for resolving the complaint and specify the period in which it will resolve it, as well as to obtain his consent, which it is obliged to record in the record of received complaints.
   The extension of the deadline for resolving complaints is possible only once.
3. Responsibility of the Service Provider and the rights of the Customer as a consumer based on the non-conformity of the provided services: The Service Provider is obliged to provide the Customer as a consumer with a Service that is in conformity with the contract.

The service is not in conformity with the contract if:

• It does not correspond, in terms of content, quality, and purpose, to the description provided by the Service Provider before the conclusion of the contract through advertisement or by other similar means;
• It does not correspond to the description provided by the Service Provider during the provision of the Service, provided that it could have influenced the Customer’s decisions;
• It lacks specific characteristics requested by the Customer, which were known or should have been known to the Service Provider at the time of the contract conclusion;
• It lacks the regular characteristics of services of the same type;
• It does not meet the expectations that are based on the nature of the service and the public promises made by the Service Provider regarding the specific characteristics of the service, especially if made through advertisement;
• It does not correspond, in terms of content, quality, and purpose, to the description provided before the conclusion of the contract through advertisement or by other similar means by a third party on behalf and with the authorization of the Service Provider.

The Service Provider is not responsible for the non-conformity of the service if:

• It did not know or was not required to know that a third party provided a description of the Services on its behalf before the conclusion of the contract through advertisement or by other similar means;
• The description provided before the conclusion of the contract through advertisement or by other similar means by a third party on behalf and with the authorization of the Service Provider has been appropriately corrected in a timely manner.

If the service is not in conformity with the contract, the Customer as a consumer may request the Service Provider to perform, or enable the provision of, services that conform to the contract.

If the performance of a conforming service is impossible, unlawful, or represents a disproportionate burden for the Service Provider, the Customer may demand a price reduction or contract termination. The Customer as a consumer cannot terminate the contract if the non-conformity of the service is minor.

In case of non-conformity of the service, the rights of the Customer as a consumer and the liability of the Service Provider shall be governed by the consumer rights legislation concerning non-conformity of goods.

If, during the provision of the service, it is determined that the Service Provider does not comply with the contract terms, or that the Service Provider does not perform it in accordance with the contract, resulting in a risk of non-conformity of the provided service, the Customer as a consumer may notify the Service Provider of these circumstances and set a reasonable deadline for rectifying the identified irregularities.

If the Service Provider does not comply with the Customer’s request within the specified reasonable deadline, the Customer may terminate the contract and claim damages.

If it is evident that the Service Provider cannot provide a conforming Service within a deadline that is an essential element of the contract, the Customer as a consumer may:

• Terminate the contract without setting a reasonable deadline for the service to be performed;
• Claim damages.

If the Service Provider is late in performing the Service in relation to the agreed deadline that is not an essential element of the contract, and the Customer as a consumer has no interest in the service being performed after the expiration of the agreed deadline, the Customer may:

• Terminate the contract without setting a reasonable deadline for the service to be performed;
• Claim damages. The Customer as a consumer cannot terminate the contract if the non-conformity of the service is minor.

V. CUSTOMER’S RIGHT TO WITHDRAW FROM THE CONTRACT

In accordance with the Consumer Protection Act, and given that the Services are sold remotely, the Customer has the right to withdraw from the Contract within 14 days from the moment of its conclusion. The moment of contract conclusion is considered to be the moment when the payment for the Services is made, as from that moment the Customer acquires the right to use the Services. The right to withdraw from the Contract is exercised by the Customer by submitting to the Merchant a completed Withdrawal Form, which can be downloaded HERE. The form can be sent to the Service Provider via email at info@skyexperience.rs.

If the Customer exercises the right to withdraw from the Contract after commencing the use of the Services, the Service Provider is authorized to charge the Customer, and the Customer is obliged to pay the Service Provider, an amount proportionate to the Services provided until the moment when the Customer informed the Service Provider of the exercise of the right to withdraw from the Contract, in accordance with Article 34 paragraph 6 of the Consumer Protection Act.

The Customer does not have the right to withdraw from the Contract after the Service has been fully performed if the provision of the Service began after the explicit prior consent of the Customer and with their confirmation that they are aware that they lose the right to withdraw from the Contract when the Service Provider fully performs the Contract.

VI. GENERAL CONDITIONS OF COLLECTION, USE, AND PROCESSING OF CUSTOMER PERSONAL DATA

Customer Privacy Protection On behalf of PROWELLNESS DOO, we undertake to preserve the privacy of all our customers. We collect only the necessary, basic data about customers/users and data necessary for business and informing users in accordance with good business practices and in order to provide quality service. We give customers the choice, including the option to decide whether or not they want to be removed from mailing lists used for marketing campaigns. All data about users/customers is strictly kept and is only available to employees who need it to perform their job. All employees of PROWELLNESS DOO (and business partners) are responsible for respecting the principles of privacy protection. More about this can be found in our Privacy Policy.

1. Customer privacy and trust are very important to PROWELLNESS DOO at TADEUŠA KOŠĆUŠKOG 63, BEOGRAD, as the Controller of your personal data. This is reflected in the way we, as a Service Provider, collect and process customer data. The Customer is advised to fully read the provisions of these General Terms and Conditions in order to decide which data they want to share with the Service Provider. When purchasing Services through the skyexperience-shop.rs website, the Service Provider will collect certain personal data from Customers in order to fulfill obligations arising from such a contract. All activities of the Service Provider regarding the collection and processing of customer personal data will be carried out in accordance with the Personal Data Protection Law of the Republic of Serbia and other applicable regulations. The collected data will be used exclusively for providing services, for our marketing activities, and for analyzing our sales activities in order to present our Service offer to you in the best possible way. Marketing tools used by the Service Provider as the controller of your personal data may include email, SMS, MMS, or printed materials. The Merchant, as the controller of your personal data, is subject to liability if it processes your personal data in a manner that is contrary to the positive regulations of the Republic of Serbia. In accordance with Article 26 of the Law, you have the right to request access to data from the controller, the right to correction or deletion of your personal data in accordance with Articles 29 and 30 of the Law, the right to restrict processing in accordance with Article 31 of the Law, the right to data portability in accordance with Article 36 of the Law, and the right to object in accordance with Article 37 of the Law. Also, in accordance with Article 82 of the Law, you have the right to file a complaint with the Commissioner for Information of Public Importance and Personal Data Protection if you believe that the processing of your personal data has been contrary to the provisions of the Law.
2. Privacy Protection Rules. The Service Provider respects your privacy and undertakes to protect the privacy and confidentiality of personal data of individuals who register or otherwise connect with the Service Provider.
   a) Types of Personal Data We Collect and How We Use Them. In order to provide you with full information about current services and offers, with your explicit consent which you hereby give, we collect the following data about you: Your name, surname, gender, email address, telephone number, ID card number, and address data. Your provision of data is based on a completely voluntary basis, meaning you freely decide whether to provide us with your data and which data it will be. If you do not wish to provide us with some of the data necessary for the provision of services, or the conclusion of the Contract (e.g., name and surname), we reserve the right to refuse to provide you with services. At any time, you can request that we do not use your data for marketing activities, or for the analysis of our sales activities, and this will not affect the continuation of our contractual relationship. Personally identifiable information will not be used for any purpose other than those for which you have given explicit consent.
   b) Third Parties. The Service Provider will not sell, distribute, issue, or otherwise make available your personal data to anyone without your explicit permission, except (i) if you have allowed it in accordance with these General Terms and Conditions to gain access to desired services, and (ii) if we are legally obligated to do so by applicable laws or decisions of competent authorities. By accepting these terms, the Customer expressly consents that the Service Provider may provide the necessary personal data for identification (name, surname, gender, ID card number, email address, telephone number) to the Service Provider for the purpose of executing the contract or providing the Services purchased by the Customer. The Service Provider will ensure, or destroy, all personal data of the Customer that has been provided to it, immediately upon completion of the provision of Services in accordance with the Contract. From time to time, we may engage other legal and physical entities to perform certain functions on our behalf (e.g., engaging external partners for email transmission). In that case, they will have limited access to your personal data (e.g., only email address) and solely for the purpose of performing tasks for which we have engaged them and which are in accordance with your consent for the processing of your personal 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 is handled properly. Your personal data will not be transferred outside the Republic of Serbia, except if reasonable and necessary steps have been taken to preserve the necessary level of protection of your personal data, in accordance with the Law.
   c) Updating Your Personal Data. The Service Provider as the Controller will need your help to ensure that the personal data you have provided to us is correct and up to date. If you want to change or update your personal data, or if you want us to delete your data from our database, you can do so in writing to the address TADEUŠA KOŠĆUŠKOG 63, BEOGRAD, or by visiting the Center. Upon your request, we will remove all your personal data you have provided to us from our database and consider that you have unilaterally terminated the concluded Contract with us, and we will not be obliged to return the membership fee already paid up to that point. After receiving your request for deletion of personal data, we will no longer retain any of your personal data, unless otherwise specified by the regulations applicable in the Republic of Serbia. We will keep your data as long as you are in a contractual relationship with us or until you use our services. Automated decision-making, including profiling, as any form of automated processing used to evaluate certain personal characteristics, may be applied to you only in exceptional cases and under the conditions and in the manner specified 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 is protected.
   d) Security. Your personal data is stored in a password-protected database and in specially secured cabinets. The Service Provider, as the Controller of Your data, will take all precautionary measures (up to a reasonable limit) to ensure the security of your data. Although we make efforts to protect your personal data, we cannot unconditionally guarantee the security of the data you provide to us, so you do so at your own risk.
3. Publishing Changes to the General Terms and Conditions. All changes to these General Terms and Conditions will be promptly posted in the Center and/or sent to your email 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 personal data from our database.
4. How to Contact Us. If you have any questions or requests regarding your personal data that you have made available to us, or any other questions about the Services and current offers, you can contact us in one of the following ways:
   In person at the Center:
   By mail to the address of the registered office TADEUŠA KOŠĆUŠKA 63;
   Or by email to info@skyexperience.rs

VII. For all matters not defined by these general terms and conditions, the Law on Obligations of the Republic of Serbia and other applicable regulations in the Republic of Serbia shall apply.

Any disputes regarding the contractual relationship between the Service Provider and the Customer, the Service Provider and the Customer shall endeavor to resolve amicably. In case an amicable resolution of the disputed issue is not possible, the competent court in the territory of the city of Belgrade shall have jurisdiction for its resolution.

These General Terms and Conditions of the business entity PROWELLNESS D.O.O. TADEUŠA KOŠĆUŠKOG 63, BELGRADE were adopted and published on the website skyexperience-shop.rs on January 11, 2024, and shall enter into force and be applicable as of January 12, 2024.