Terms and Conditions
General Terms and Conditions for Using Our Website
I. General Provisions
1. These General Contract Terms govern rights and obligations of parties arising from contracts of sale entered into by company DEVA KINISY s.r.o., with registered office in Vinohradnícka 245/25, 955 01 Topoľčany, identification number (IČO): 52604357, registered in the Business Register of the District Court Nitra, section.: Sro, insertion No.: 49115/N as a seller (hereinafter referred to as the “Seller”) and by a third party as a buyer (hereinafter referred to as the “Buyer”).
2. Contract of sale governs purchase and sale of online products of the Seller and sale of tickets to mentoring seminars of the Seller through electronic shop operated at website www.devagym.com.
3. These General Contract Terms constitute integral part of contracts of sale entered into by the Seller and the Buyer and are applicable in their entirety, unless otherwise agreed in writing in individual contract of sale. In case of contradiction between regulation of mutual rights and obligations contained in these General Contract Terms and in individual contract of sale or in case of deviation from these General Contract Terms, such deviating special arrangements of parties to individual contract contained in their written contract shall have priority over these General Contract Terms, however, only within the extent of such arrangements made in writing.
4. Any amendments or supplements of these General Contract Terms are valid and effective only in case they have been approved in writing by the Seller, where parties to contract have agreed that the Seller has right to amend these General Contract Terms by a unilateral decision and to notify the Buyer about such amendment and the Buyer is obliged to get acquainted with such amendment to the General Contract Terms.
5. The Seller informs the Buyer about its following identification data:
Business Name: DEVA KINISY, s.r.o.
Registered Office: Vinohradnícka 245/25, 955 01 Topoľčany
Registration: in the Business Register at the District Court Nitra, section: Sro, insertion 49115/N
Identification Number (IČO): 52604357
Tax Identification Number (DIČ): 2121077684
VAT Number (IČ DPH): SK2121077684
The Seller is subject to NO VAT duty.
telephone: +421 911 335 119
e-mail: info@devagym.com
Bank Account: ČSOB, SK87 7500 0000 0040 2744 7986, SWIFT: CEKOSKBX
For payments from the Czech Republic, bank transfer is available to the bank account No. 4027447986/7500 under the same conditions as in case of transfer within the Czech Republic.
6. The product’s total amount set in EURO currency (as mentioned in the order’s email confirmation) has to be received in the above-mentioned bank account in order for the purchase to be validated
7. Any additional bank transfer fees ought to be covered by the sender
II. Online Product Order and Formation of Contract of Sale
1. Contracts of sale formed pursuant to these General Contract Terms set out: (i) obligation of the Seller to deliver to the Buyer online products of the Seller and / or tickets to deva gym educational manuals and seminars of the Seller, which are specified in detail and characterized as to their basic features at website of the Seller www.devagym.com (hereinafter jointly referred to as the “Online Products” or individually as the “Online Product”) and (ii) obligation of the Buyer to pay duly and on time a purchase price to the Seller for the provided supplies.
2. The Buyer places orders for Online Products in electronic form, by means of electronic order made through website www.devagym.sk. Electronic order is only valid in case all prescribed data are filled-in and all requirements for filling-in of the order have been fulfilled. E-mail address of the Buyer indicated in the order will be used for providing of all information to the Buyer and is considered as a permanent carrier for the purpose of Section 2 (7) of Act No. 102/2014 Coll. on consumer protection in case of sale of goods or providing of services under a distance contract or contract concluded outside of business premises of seller as amended (hereinafter referred to as “Act No. 102/2014 Coll.”). Order which has been duly completed and sent by the Buyer to the Seller constitutes an offer to form a contract of sale pursuant to applicable provisions of Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the “Civil Code”). Contract of sale is considered to be formed once a binding acceptance of an offer of the Buyer to form a contract of sale is made by the Seller. Binding acceptance of an offer of the Buyer made by the Seller shall mean notification on registration of the order sent by the Seller to the e-mail address of the Buyer indicated in its order. By completing and sending of an order the Buyer accepts the General Contract Terms on supplying of ordered Online Product published by the Seller at website www.devagym.com. Relationship between the Buyer and the Seller is governed by these General Contract Terms which are binding for both parties, unless otherwise provided in their contract.
III. Price and Payment Conditions
1. Prices for Online Products published at website of the Seller www.devagym.com are effective and valid at the time of ordering of Online Product. The Buyer purchases an Online Product for the price indicated at website www.devagym.com at the time of placement of the order for Online Product by the Buyer. The Seller reserves right to correct any apparent misprints.
2. The Seller shall draw invoice for supply of Online Product without undue delay after its delivery. Invoice drawn by the Seller is due within four (4) days after its drawing, unless otherwise agreed in writing or unless the invoice specifies longer period until due date. Invoice drawn pursuant to contract of sale between the Seller and the Buyer also represents a tax document and is sent to the Buyer in electronic form. Upon request of the Buyer an invoice may also be sent by mail. In case the Buyer does not receive invoice for supplied Online Product from the Seller within fifteen (15) days after delivery of the product, the Buyer is obliged to inform the Seller about such circumstance.
3. Price is considered to be paid after crediting of the bank account of the Seller with complete sum of the respective purchase price.
4. The Buyer may only use the Online Product after complete payment of the purchase price, unless otherwise agreed. In case the Buyer fails to pay the price for Online Product to the Seller in the amount and under the terms agreed in their contract of sale, the Seller may withdraw from the contract of sale.
5. Purchase in DEVA PHYSIOCOACHES Digital Programs: If your order is for the purchase of Online Courses, you agree that you EXPRESSLY WAIVE YOUR RIGHT TO CANCEL YOUR ORDER once the purchased Training Video(s) has started playing. Once the purchased Training Video(s) has started playing you will not be able to cancel your order and we will not be able to give you a refund.
6. Purchase of physical Workshops / Retreats: If your order is for a Workshop or Retreat, you will not be able to cancel your order or receive a refund. However, if you are unable to attend the Workshop, you may send a substitute to attend it in your place provided you inform us at least 4 weeks before the start of the Workshop / Retreat by sending us an email to info@devagym.com. We would like to make clear that pasted these 4 weeks (30 days) before the event starts there are no refunds whatever the reason for cancellation.
7. If we cannot fulfil an order due to our fault, we will notify you by sending you an email using the address you provided, and we will refund any payment for that order within 10 days from the date of our email notification.
8. Refunded amounts may be subject to processing fees/bank fees charged for the refund service. DEVA PHYSIOCOACHES is not responsible for these additional charges that may be imposed on the receiver.
IV. Delivery of Online Product
1. Period for delivery of Online Product shall be five (5) calendar days after due payment of price for the Online Product by the Buyer. Unless otherwise agreed by the Seller and the Buyer, the Seller shall complete the order placed by the Buyer within fourteen (14) days after its placing with the Seller.
2. Delivery of Online Product shall mean sending of access data with respect to the Online Product by the Seller to the e-mail address of the Buyer indicated in the order of the Buyer.
V. Gift vouchers
DEVA KINISY issues gift vouchers which take the form of security papers.
The gift vouchers are of different nominal values, equivalent to their purchase price for which they can be acquired and which is clearly stated in the order form as well as clearly identifiable from the visual design of the vouchers themselves (hereinafter referred to as the “value of the voucher”).
The gift voucher is delivered in an electronic form via e-mail and each voucher is linked to its own unique code. The gift voucher is considered as delivered on the day of the receipt of the e-mail containing the voucher with the unique code by the buyer.
The gift voucher may be used in order to purchase any DEVA KINISY product during the period of validity of the voucher and there is entitlement for the deduction of the value of the voucher from the purchase price of the given product. The gift voucher must be used before finalizing the order of the given product by sending an e-mail to info@devagym.com and stating the unique code linked to the gift voucher in question. The entitlement to the deduction of the value of the voucher from the purchase price is linked to the gift voucher and may be claimed by any person who is the holder of the voucher.
The buyer of the gift voucher has the right to withdraw from the purchase contract within 14 days after the delivery of the gift voucher, even without stating a reason for such a withdrawal, provided that the voucher has not yet been used, in accordance with the Slovak Act No. 102/2014 Coll.
The buyer may file a claim against the seller in case of receiving a faulty voucher.
Provisions of Point 4 of these General commercial terms apply to the processes of withdrawal from the contract and filing a claim.
The gift vouchers have a limited period of validity. A gift voucher may only be used within the period of its validity, after which such entitlement to use the voucher shall cease.
A person who used the voucher to pay for part of the price of the seller’s product is entitled to use their legal right to withdraw from the purchase contract within 14 days of receiving the purchased product, according to the provisions stated in Point 4 Section 1 et seq. of these General commercial terms, and in such a case, the amount covered by the gift voucher shall be returned to this person in the form of a gift voucher.
In case of loss, destruction or damaging of the gift voucher, the seller shall not be obliged to ensure its replacement.
The gift voucher may only be used once and it may not be returned, with the exception of exercising one’s legal right of withdrawal from the contract.
The gift voucher is not exchangeable for money.
More than one gift voucher may be used to purchase one product and the gift voucher may also be used to purchase discounted products.
VI. Information on Right to Withdraw from the Contract
1. Pursuant to Section 7 (1) of Act No. 102/2014 Coll. the Buyer has right to withdraw from contract of sale, even without specifying grounds for withdrawal, within fourteen (14) calendar days after handing-over of the Online Product or after the date of formation of contract on providing of electronic content not supplied by means of physical carrier. In case of certain Online Products the Buyer has right to withdraw from contract of sale, even without specifying grounds for withdrawal, within fourteen (14) calendar days; detailed information on such right with respect to particular products are provided at website www.devagym.com.
2. The Buyer shall notify the withdrawal from contract to the Seller together with indicating number of invoice concerning purchase of the respective Online Product. Withdrawal from contract may be made by sending an e-mail message to the e-mail address of the Seller: info@devagym.com.
3. In case the Buyer withdraws from contract by means of e-mail message, the Seller shall issue certificate on acknowledgement of withdrawal to the Buyer immediately after receiving the withdrawal.
4. The Seller shall without undue delay, however at latest within fourteen (14) calendar days after service of justified notification of withdrawal from contract, return all payments to the Buyer obtained under their contract or in connection with the contract.
VII. Information Duty of the Seller
1. The Seller hereby provides the following information to the Buyer in accordance with applicable statutory provisions:
a. instruction on liability of the Seller for defects of goods or services prescribed by the general legislation,
b. information on right to settlement of disputes by means of system of alternative dispute resolution and on terms of such procedure,
c. address of the Seller where consumer may claim defects or file complaint, as indicated in Article I. (5) of these General Contract Terms,
d. information on warranty and on servicing, as provided in Articles VII. and VIII. of these General Contract Terms.
VIII. Warranty Period
1. Online Products purchased through internet shop www.devagym.com are subject to statutory warranty period of twenty-four (24) months. Warranty period commences upon delivery of the Online Product to the Buyer.
IX. Complaints
1. Any potential complaint shall be made by the Buyer to the Seller. The Buyer shall file the complaint in electronic form to the e-mail address of the Seller info@devagym.com. The same address is also applicable for sending of any suggestions or claims with respect to a concluded contract.
2. Immediately after filing of a complaint, the Seller shall send certificate of acknowledgement, confirming receiving complaint from the Buyer, by an e-mail message.
3. As a result of liability of the Seller for defects of sold goods, the Buyer has the following rights:
a. In case of a remediable defect, the Buyer has right to require free-of-charge, timely and complete repair of the defect. The Seller shall remedy the defect without undue delay. Instead of claiming repair of the defect, the Buyer may claim replacement of the Online Product or in case the defect affects only a part of the Online Product, the Buyer may claim replacement of the affected part; provided that such replacement does not result in unreasonable expenses of the Seller, taking into consideration the price of the product or gravity of the defect;
b. In case of non-remediable defect which prevents due usage of the Online Product in the same manner as a product without defects, the Buyer has right to replacement of the Online Product or a right to withdraw from the contract. The same rights apply to the Buyer in case of remediable defects which prevent the Buyer from proper using of the product as a result of repeated occurrence of defects after their repairing or as a result of occurrence of numerous defects on the product. In case of non-remediable defects, the Buyer has right to reasonable discount from purchase price.
4. The Seller shall determine the manner of handling of complaint immediately, in complicated cases at latest within three (3) working days after filing of the complaint, in justified cases at latest within thirty (30) days after filing of the complaint. After determination of the manner of handling of the complaint, the complaint shall be resolved immediately, in justified cases the complaint can be resolved even later; however, period for resolving of complaint of the Buyer – consumer may not exceed thirty (30) days after filing of the complaint. Such period of thirty (30) days for resolving of complaint is not binding in case of the Buyer having relationship with the Seller governed by the Commercial Code.
5. Complaints concerning Online Products are governed by provisions of the Civil Code, of Act No. 250/2007 Coll. on consumer protection as amended and of Act No. 102/2014 Coll. on consumer protection in case of sale of goods or providing of services under a distance contract or contract concluded outside of business premises of seller. In case the Buyer is an entrepreneur, complaints are governed by provisions of the Commercial Code.
X. Intellectual Property Rights
1. In case the ordered Online Product represents electronic content pursuant to Section 2 (8) of Act No. 102/2014 Coll., such electronic content is protected by applicable provisions of Act No. 185/2015 Coll. Copyright Act as amended (hereinafter referred to as the “Copyright Act”), where the Seller is an author and by entering into a contract of sale the Buyer accepts terms of licence with respect to such electronic content, as specified herein; where the Seller acts as a licensor and the Buyer acts as licensee and acknowledges that the electronic content is subject to provisions of the Copyright Act.
2. The Seller as a licensor grants to the Buyer as a licensee a non-exclusive right to create and store reasonable number of copies of the concerned electronic content, which can be viewed, reasonably used or otherwise projected by the licensee without limitation as to the number of such instances of use, however, always only for its own non-commercial purpose. The licensor does not grant any warranty for usability of its electronic content at any particular technical device.
3. The licensee may not sell, lease, lend or share in any manner, distribute, broadcast, sublicense or grant right in any other manner to any third party, either to the electronic content in its entirety or to its part. The licensee shall preserve marks used for the concerned electronic content identifying authorship of the licensor. The licensee also undertakes not to enable third parties violating copyright of the licensor to the concerned electronic content in any manner and in case of such violation the licensee undertakes to notify the licensor about such circumstance.
4. The licensee acknowledges that upon payment of price for Online Product no rights and obligations of author under the Copyright Act are transferred to the licensee, with exception of rights and obligations relating to authorized use of the electronic content in accordance with these terms of licence and with the Copyright Act.
XI. Alternative Consumer Dispute Resolutions
1. Pursuant to (i) Act No. 250/2007 Coll. and (ii) Act No. 102/2014 Coll. the Buyer has right to claim protection of its rights at a body for alternative dispute resolution pursuant to Act No. 391/2015 Coll. on alternative dispute resolution as amended (hereinafter referred to as the “Act on ADR”). Register of bodies for alternative dispute resolution is administered by the Ministry of Economy of the Slovak Republic and is available online at website: http://www.mhsr.sk/.
2. The Buyer may file complaint to instigate alternative dispute resolution proceeding also through platform for alternative resolution of disputes available online at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
3. Alternative dispute resolution procedure can be used for resolving of disputes arising from a consumer contract and connected with it, with exception of disputes specified in Section 1 (4) of Act on ADR and disputes with value not exceeding twenty (20) euro. In addition to alternative dispute resolution, the Buyer has right to claim protection at a domestic court competent as to the subject-matter and its location, or at a court of arbitration.
XII. Final Provisions
1. These General Contract Terms apply in the version published at website of the Seller www.devagym.com up to the date of sending of electronic order by the Buyer to the Seller, unless otherwise agreed in writing by parties to the contract. By sending of electronic order, the Buyer accepts without reservations all provisions of these General Contract Terms in the version in effect up to the date of sending of the order and accepts valid prices for the ordered goods, as specified in the price list at website www.languagementoring.com, unless otherwise demonstrably agreed in particular case.
2. Relationships between parties to the contract which are not regulated in the General Contract Terms are governed by applicable provisions of the Civil Code, provisions of Act No. 250/2007 Coll. on consumer protection as amended, of Act No. 102/2014 Coll. on consumer protection in case of sale of goods or providing of services under a distance contract or contract concluded outside of business premises of seller, of Act No. 22/2004 Coll. on electronic commerce as amended and by other applicable legislation under the Slovak law. In case the Buyer is an entrepreneur, its relationship with the Seller shall be governed by the Commercial Code.
3. In case any of the provisions of these General Contract Terms becomes ineffective, invalid or unenforceable, validity, effectiveness or enforceability of other provisions of these General Contract Terms shall remain unaffected.
4. The Seller and the Buyer fully acknowledge electronic form of communication, made primarily through e-mail and through internet, as a valid form of communication binding for both parties to the contract.
5. These General Contract Terms come into force on 22.3.2024
Limitation of Liability
DEVA PHYSIOCOACHES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY DEVA PHYSIOCOACHES’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.