Operating Rules of the Sporty Facility

  1. Definition of basic terms

For the purposes of these Operating Rules, the terms listed below have the following meanings:

  1. Price list — an up-to-date overview of the prices of Services, Additional Services and Goods provided by the Operator, which is available to the Client on the Operator's Website or in the Service.
  2. Gift Voucher — a voucher that the Client can use to purchase the Credit in the form of a Single Entry or Permanent Ticket, or to purchase Goods.
  3. Complementary services — services provided by the Operator in addition to the Services, according to the current offer of the Operator.
  4. One-time entry — credit of one entry to the Service or Additional Service, paid by the Client to the Operator.
  5. Client — a natural person over 15 years of age who uses the Services or Additional Services provided by the Operator in the Service or through the Operator's Website.
  6. Credit — funds that are credited to the Client's account after their payment to the Operator and with which the Client pays the payment for Services, Additional Services or Goods according to the Operator's Price List.
  7. Purchase contract— a contract concluded between the Operator and the Client, the subject of which is the sale and purchase of Goods. The contract is formed by the payment and acceptance of the Goods in the Service.
  8. Lecturer a person who has the appropriate qualifications and who conducts individual or group Services
  9. Permanent — Multi-entry credit purchased by the Client according to the current offer of the Operator, which the Client is entitled to use for the purpose of using the Services or Additional Services.
  10. Payment gateway— a payment gateway operated by Stripe through a service called “Stripe”, and which allows the Client to purchase a Credit or Gift Card through the Registration and Reservation system available on the Website. A more detailed specification of the payment terms and payment methods provided by Stripe is set out in the Stripe Terms and Conditions.
  11. Operation— sports facility under the name: FORMERY, located at the address: Strojárenska 9, 040 01 Košice (in the text it may also be referred to as “Studio”).
  12. Operating time— the period during which the Client may use the Services or Additional Services in the Service or purchase the Goods. The operating time is indicated on the Website of the Operator.
  13. Operator — trading company pilco. s.r.o., with registered office: Námestie Oslobod3/A, 040 01 Košice, Slovak Republic, ID: 56 839 677, TIN: 2122461550, VAT ID: SK2122461550, the company is registered in the Commercial Register at the City Court Košice, section: Sro, insert no. 61826/V, which operates a sports facility.
  14. Operating rules— the regulation, which regulates in more detail the rights and obligations of the Client and the Operator, and which establishes the conditions for the provision of Services and Additional Services by the Operator and the conditions of operation and use of the Service. The Operating Rules are placed in a visible place of the Service and on the Website.
  15. Registration and Reservation System— online system available through the Website, on the basis of which the Client can register and book the Service or Additional Service with the Operator as well as make payments for reservations through the Website.
  16. Complaints Procedure— the regulation, which regulates in more detail the manner of exercising the Client's claims arising from the responsibility of the Operator for the shortcomings and defects of the provided Service or Additional Service and the manner and procedure for handling the complaint.
  17. Services — services provided by the Operator in the Service within the scope of the Operator's business, which are mainly sports activities carried out as an individual or group activity under the expert guidance of the Lecturer, in particular: pilates on mats and pilates on reformers, according to the current offer of the Operator (in the text they may also be referred to as”Clocks”)
  18. Studio- premises intended for sports activities, organization of sports, cultural and other social events.
  19. Merchandise— goods offered by the Operator to Clients or other persons, in particular clothing and accessories according to the current offer of the Operator.
  20. Loyalty Program — remuneration system provided by the Operator to the registered Client based on the number of hours of Services completed.
  21. VOP— are these general terms and conditions, which are located in the Operator's Service and on the Website, and which regulate the mutual rights and obligations that arise between the Operator and the Client when using the Services in the Service or through the Website and regulate other legal relations related and related to the Operator and the Client.
  22. Force Majeure — a legal event consisting of an extraordinary, unpredictable, unavoidable and innocent event, in particular natural events, natural disasters, war conflicts, rebellion, revolution, insurrection, strike, fire, explosion, earthquake, flood, lightning strikes, storms, calamities, pandemics and the like.
  23. Website — website www.formery.studio, where it is possible to find up-to-date information on the activities of the Service, Services, Additional Services, Goods, Operating Hours, GTC, Operating and Complaints Procedure and other information for Clients.
  24. Waitlist (waiting list)— a list of Clients who are interested in participating in a fully occupied Service or Additional Service and will be automatically informed in case of vacancy.
  25. Contract for the provision of services— a contract concluded between the Operator and the Client, on the basis of which the Operator provides Services and Additional Services to the Client according to the current offer and the Client undertakes to pay for these Services and Additional Services the price set according to the Price List.
  26. Responsible person — an employee of the Operator entrusted with informing Clients about Services, Additional Services and Goods, receiving and handling complaints, exercising control over compliance with the Operating Rules as well as performing other activities related to the operation of the Service. The actions of the responsible person are considered to be the actions of the Operator.
  1. Services and Additional Services provided by the Operator
    1. These General Terms and Conditions (hereinafter “GTC”) regulate the contractual relations arising between the Operator and the Client in the case of:
      1. the provision of Services and Additional Services (in the text they may also be referred to together as”Services”)
      2. Sale of Goods.
    2. In particular, the Operator provides the following Services to Clients:
      1. Sports activities:
        1. pilates on mats,
        2. Pilates on reformers.
      2. In particular, the Operator provides the following Additional Services to Clients:
        1. Organizing sports, cultural and other social events,
        2. Sale of Goods to the final consumer for personal consumption.
    3. The sports activity is realized either as an individual or group activity - in Pilates on the mat the maximum capacity is 8 Clients, in Pilates on reformers the maximum capacity is 6 Clients, under the expert guidance of the Lecturer.
    4. The contract for the provision of Services between the Operator and the Client arises:
      1. at the moment of confirmation of the reservation by the Operator to the Client through the Registration and Reservation System,
      2. by purchasing the Credit in the form of a Permanent Pass, a One-Time Entry, but a Gift Card through the Registration and Reservation System,
      3. by applying a Gift Card to a specific Service in the Registration and Reservation System.
    5. The contract for the purchase of Goods arises from the moment of payment and acceptance of the Goods in the Service.
    6. By concluding any of the above contracts, the Client confirms that he has familiarized himself with these GTC, understands their content and expresses his consent to them.
    7. The conditions of withdrawal from the contract are regulated in a separate section of these GTC.
    8. Admission to the studio for the purpose of using the Services is possible by purchasing the Credit in the form of a One-Time Admission or Permanent Ticket. The Client may also purchase the Credit by means of a Gift Voucher.
    9. The Operator reserves the right to interrupt or limit the provision of the Services or Additional Services for the necessary time in justified cases. In this case, the Operator will publish a notice of interruption or limitation of the Services or Additional Services when entering the Service and on the Website. At the same time, the Operator is obliged to notify the changes to the affected Clients also by text message or e-mail. The Client is entitled to a refund of the price for the Service or Additional Service if he could not use the Service due to a situation on the part of the Operator, when the provision of the Services or Additional Services occurred.
    10. The range of Services and Additional Services provided is available on the Website. The Operator reserves the right to change, modify or supplement the Services and Additional Services.
    11. The Client undertakes to comply with the Operator's Operating Rules when using the Services or Additional Services.
  2. Withdrawal from the contract
    1. The Client has the right to make a claim for the Service provided or Additional Service or the purchased Goods if:
      1. The Service or Supplementary Service has not been provided in the quality or scope agreed in the Service Agreement,
      2. The goods are defective or do not correspond to the characteristics agreed in the Purchase Agreement.
    2. The deadline for processing the claim is 30 calendar days from the date of its proper application.
    3. The sample notice of claim forms an annex to these GTC.
    4. In the case of the Contract for the purchase of goods concluded in the premises of the Service, the Client has the right to withdraw from the Contract if, after taking over the Goods, the following occurs:
      1. removable defect, whereby the Client has the right to demand:
        1. free, timely and proper elimination of the defect,
        2. replacement of the Goods, if this is not unreasonable due to the nature of the defect,
        3. a reasonable discount on the purchase price if it is not possible to eliminate the defect within a reasonable time;
      2. an irreparable defect that prevents the proper use of the item as a thing without defect, whereby the Client has the right:
        1. withdraw from the contract, or
        2. demand a reasonable discount on the purchase price;
      3. in case of repeated occurrence of a removable defect after repair (the same defect occurs again after repair), the Client has the right:
        1. request an exchange of the Goods, or
        2. withdraw from the contract;
      4. in the case of simultaneous occurrence of several removable defects that prevent the proper use of the Goods as defect-free goods, the Client has the right:
        1. request an exchange of the Goods, or
        2. withdraw from the contract;
      5. if the goods do not correspond to the Purchase Agreement (e.g. different model, color, size, as agreed), the Client has the right:
        1. request an exchange for the correct Goods, or
        2. withdraw from the contract.
    5. The withdrawal from the contract is applied in writing in the form of a notice delivered to the Operator in the Service or by e-mail to the Contact address. The Client is obliged to present proof of purchase at the same time and return the Goods in condition without signs of wear or use, mechanical damage or interference with its original form, insofar as the nature of the defect allows. The goods must, if possible, be in their original packaging, including all components of the original packaging.
    6. In the case of the Contract for the provision of services, the Client has the right to submit a Request for withdrawal from the contract for the provision of services, which is submitted in writing in the Service or by e-mail to the Contact address of the Operator.
    7. The application must indicate:
      1. Customer's name,
      2. identification and date of the Service purchased,
      3. the reason for withdrawal from the Contract for the provision of services,
      4. the desired method of replacement.
    8. The Operator individually evaluates each request and informs the Client about the decision taken.
  3. Registration and Reservation System
    1. The Client can register in the Registration and Reservation System, which is available through the Website. When registering, it is necessary to indicate the name and surname of the Client, telephone and e-mail contact and consent to the processing of personal data. Registration is free.
    2. Ordering the Service and Additional Service takes place through the Registration and Reservation System, available on the Website. The Client books the Service or Supplementary Service indicating the date and time of its use. The Client may only book such Service or Additional Service that is available at the time of ordering.
    3. Registration of the Client in the Registration and Reservation System takes place through the Website, where the Client creates his user account. Through this account, the Client can use the Services provided by the Operator.
    4. Access to the account is secured with a username and password. The Operator reserves the right to cancel the user account if there is a violation of the GTC by the Client.
    5. In case of Force Majeure, the Operator is not responsible for non-compliance with the operating time or cancellation or restriction of the use of Services or Additional Services in the Service and for the outage of Internet services.
    6. Single Entry and Permanent:
      1. One-time entry and Permitka have an electronic form.
      2. The validity of the Permit is 3 months from its purchase.
      3. The card is non-transferable, it is tied to the name of the Client and cannot be used by a third party.
      4. The use of the Service or Additional Service by the Client is recorded electronically on the Permanent Card.
      5. After the expiry of the validity period of the Permit, the unused value shall be forfeited and the Client shall not be entitled to a refund of the unused value of the Permit.
      6. Types of Permits are available in the Registration and Reservation System, which is available through the Website:
        1. Reformer S Pass, which includes 5x Pilates service on reformers,
        2. Reformer M Pass, which includes 10x Pilates service on reformers,
        3. Reformer L Pass, which includes 20x Pilates service on reformers,
        4. Mat S Permenentka, which includes 5x Pilates Service on mats,
        5. Mat M Permanentka, which includes 10x Pilates service on mats,
        6. Mix S Pass, which includes 5x Pilates service on mats and 5x Pilates service on reformers,
        7. Mix L Perm, which includes 10x Pilates service on mats and 10x Pilates service on reformers.
    7. Gift Voucher
      1. The validity of the Gift Card is a maximum of 3 months from its purchase. The Gift Card is valid for all Services. The Operator reserves the right to limit the validity of the Gift Voucher for the purchase of Credit for Additional Services.
      2. When purchasing Credit through a Gift Card for Services or Additional Services, the Gift Card will indicate the name of the Service or Additional Service, the value of the Service or Additional Service ordered and the date of use of the Service or Additional Service. At the same time, the balance of the value of the Gift Certificate is indicated.
      3. After the expiry of the validity period of the Gift Voucher, the unused value of the Gift Voucher shall be forfeited and the Client shall not be entitled to a refund of the unused value of the Gift Voucher.
      4. The Gift Voucher cannot be exchanged for cash and, if it is not used in full, the remaining value of the Gift Voucher cannot be redeemed.
    8. If the Client is unable to use the Permit or Gift Voucher for serious, especially medical reasons, he/she is entitled to request the Operator to extend the validity of the Permit or Gift Voucher. The application must be submitted in writing or by e-mail. The Operator reserves the right to decide on each request individually.
  4. Price for services and payment terms
    1. The Client is obliged to pay for the Service, Additional Service or Goods according to the current Price List, which is available on the Website. The Operator reserves the right to change the Price List.
    2. Prices for Services or Additional Services are quoted in euro (€) currency as final prices, i.e. including the corresponding VAT (if applicable) and any other taxes and fees.
    3. Prices for the Goods are quoted in euro (€) as final prices, i.e. including the corresponding VAT (if applicable) and any other taxes and fees.
    4. Payment for Services and Additional Services is made in advance:
      1. through the Stripe payment gateway through the Reservation System of Operations cashless through the Credit in the form of a Single Entry or a Permit on the Client's user account.
    5. Payment for the Goods is made upon sale in cash or non-cash manner at the place of Operation.
    6. The recipient of payments is the Operator.
    7. Cancellation conditions:
      1. In case of cancellation of the reservation of the Service or Additional Service by the Client no later than 12 hours before the agreed date of the ordered Service or Additional Service, the cancellation is free of charge.
      2. If the ordered Service or Additional Service is canceled within a period of less than 12 hours or the Client does not use the ordered Service or Additional Service, he is not entitled to a refund of the Credit paid. In this case, the Price of the Service will be deducted from the Client's Credit, either in the form of a One-Time Entry or a Permanent Ticket.
    8. The Operator is entitled to inform the Clients about preferential prices for Services, limited time offers, promotions or competitions (hereinafter referred to as”Special offers”) Special Offers are valid exclusively for the period specified by the Operator and in compliance with all conditions set by the Operator for each Special Offer. The Client will be informed of these Special Offers and their special conditions via the Website or the Client's login email. The Client acknowledges that he has no legal right to discounts, promotions and other advantageous offers from the Operator.
  5. Loyalty system
    1. The Operator provides the Clients with a loyalty program that rewards regular use of the Services and Additional Services through the cashback system. The placement of the Client in a specific loyalty level depends on the number of completed Services and Additional Services by the Client (hereinafter referred to as”Level') within one calendar year.
    2. The conditions of each level of the loyalty program are as follows:
      1. The Loyalty Program is divided into four levels according to the number of completed Services and Additional Services to Clients within one calendar year. Each level reached entitles the Client to receive a reward in the form of the so-called. Cashback.
      2. Cashback is the return of part of the monetary amount paid by the Client to the Operator in the form of Credit for Services and Additional Services, at the time of validity of the given level. This refunded amount is credited to the Client in the form of a Credit to his user account in the Registration and Booking System. The Credit can then be used exclusively to pay the Credits for the provision of other Services or Additional Services provided by the Operator.
      3. The Client will be entitled to be placed in the Loyalty Level and to apply the corresponding cashback after reaching the following number of completed Services or Additional Services in a calendar year:
        1. After completing at least 10 hours, the Client is assigned to the Silver Level, thus earning a cashback of 2.5% on each additional payment for the Services.

        2. After completing at least 30 hours, the Client is assigned to the Gold Level, with the right to cashback of 5% on each additional payment for the Services.

        3. After completing at least 60 hours, the Client is assigned to Platinum Level, with the right to a cashback of 7.5% on each additional payment for the Services.

        4. After completing at least 90 hours, the Client is assigned to the Diamond Level, entitled to a cashback of 10% on each additional payment for the Services.
      4. Only those hours that have been properly completed by the Client are counted in the Loyalty Program (i.e. The client attended the class and was paid full price for it), exclusively during the current calendar year. Cancelled hours and free promo hours are not included in the calculation.
      5. Cashback is only applied to future payments, from the moment the Client reaches a given Level (e.g. after reaching the Gold Level and further payment for Services of 100 EUR, the Client will receive back 5 EUR in the form of a Credit that can be used on the next booking).
      6. The Operator reserves the right to unilaterally change the amount of cashback, the conditions of its application or the system of Levels in the Loyalty Program. Clients will be informed of all changes to the Loyalty Program by e-mail.
  6. Rights and obligations of the Client and the Operator
    1. The client has the obligation to:
      1. familiarize yourself with the current wording of the GTC before using the services or purchasing the goods and comply with them,
      2. to participate in the Services only if his state of health allows him to do so, and he is obliged to weigh the individual risks of physical exertion,
      3. follow the instructions of the staff, especially the Lecturers, and respect the operational rules of the Facility,
      4. use the facilities, premises and equipment of the Facility exclusively in a manner consistent with their purpose and safety rules,
      5. behave decently and respectfully towards other Clients, Lecturers and the Operator's staff, and refrain from any intrusive or aggressive behavior.
    2. The client has the right to:
      1. proper, safe and professional provision of the reserved Service,
      2. true and complete information about the Services, Goods and the conditions of their use,
      3. use the purchased Credit in the form of a Permanent Card, One-Time Entry or Gift Voucher during their validity period.
    3. The operator has the obligation to:
      1. ensure the provision of Services and the sale of Goods in accordance with generally binding legislation and these GTC,
      2. provide expert guidance of the exercises by qualified Lecturers,
      3. pay attention to the sanitary and safety standards of the premises and equipment of the Facility,
      4. publish and make available the current Price List of Services and Goods,
      5. to provide the Client with true, complete and up-to-date information about the Services and Goods offered,
      6. handle Clients' complaints properly, in a timely manner and in accordance with applicable legislation.
    4. The operator has the right to:
      1. determine the conditions for the provision of Services and the sale of Goods
      2. to pay the price for Services and Goods according to the valid Price List,
      3. refuse to provide the Service to the Client who violates these GTC or the Operating Rules,
      4. make changes in the schedule of Services, the offer of Goods or the technical conditions of the Service,
      5. the right to communicate with the Client through the contact details provided in the Registration and Booking System in order to inform about reservations, changes or marketing communications.
  7. Operating time

Opening hours of operation:

  1. Monday — Sunday: according to the current schedule published on the Operator's Website. The operating time is regulated in more detail in the Operating Rules.
  2. Clients will be informed about the operating time on days falling on national or other holidays or during holidays, on the Website or by a notice placed at the entrance to the Service.
  1. Operating rules
    1. The conditions relating to the behavior of Clients in the Service, the use of Services and Additional Services, liability for damage, prohibition of entry to the Service and other conditions are regulated in the Operating Rules, available on the Operator's Website.
  2. Complaints Procedure
    1. In matters relating to complaints, the present Complaints Procedure, as set out in point 3, shall apply. Withdrawal from the contract.
  3. Protection of personal data
    1. With regard to the protection and processing of personal data of Clients, the Terms of personal data protection available on the Website of the Operator shall apply.
  4. Liability for damage
    1. For damage caused to the Provider and/or a third party during the Provision of the Service, including damage to property and health, shall be held liable in accordance with § 415 et seq. Civil Code No. 40/1964 Coll., as amended.
    2. If the Provider reserves a place at the place of provision of the Service for storing things entered by persons participating in the provision of the Service, these persons are obliged to store things in this place. The Provider shall not be liable for the damage caused to the items entered, which have been stored in a place other than the reserved place. By reserving a place for storing things, the Provider does not take these things into custody.
  5. Final provisions
    1. The Operator reserves the right to declare a competition, and the exact specification of the competition will be regulated by the Operator in the relevant Competition Rules published on the Operator's Website.
    2. By registering for the Registration and Booking Account, by purchasing the Credit in the form of a One-Time Admission or Permanent Ticket, or by purchasing a Gift Voucher, the Client agrees to the application of these GTC (including the Operating Rules, the Complaints Procedure and the Conditions of Personal Data Protection) and to the legal relationship based thereon between him and the Operator, and at the same time confirms the fact that before entering the Service, familiarized in full with the current wording of the GTC (including the Operating Rules, the Complaints Procedure and the Terms of Personal Data Protection).
    3. The legal relationship established between the Client and the Operator will be subject to the GTC valid at the time of purchase, the Credit in the form of a One-Time Entry, a Permanent Card or a Gift Card.
    4. In the event that there is a change in the GTC during the use of Services by the Client in the Service, the new wording of the GTC will be applied to the legal relationship between the Client and the Operator only at the moment of purchase of the additional Credit in the form of a One-Time Entry, a Permanent Ticket or the purchase of a Gift Card.
    5. The Operator will inform the Clients about the change of the GTC by means of a notice published on the Website.
    6. In cases not regulated by these GTC, the generally binding legislation in force in the Slovak Republic will apply.
    7. The Operator reserves the right to unilaterally amend and supplement the GTC (including the Operating Rules, the Complaints Procedure and the Terms of Personal Data Protection) as necessary without prior notice.
    8. The Operator's contact email address is hello@formery.studio.
    9. The persons responsible for the Operation are Michaela Zubárová and Denisa Petrová, Managing Directors of the Operator.
    10. Relations and any disputes arising on the basis of the contract will be resolved exclusively in accordance with the law of the Slovak Republic and will be resolved by the competent courts of the Slovak Republic.
  6. Alternative dispute resolution
    1. In the event that the Client, who is a consumer, is not satisfied with the manner in which the Operator handled his complaint or believes that the Operator has violated his rights, he has the right to contact the Operator with a request for redress. If the Operator responds in the negative to the Client's request according to the preceding sentence or does not respond to such request within 30 days from the date of sending it to the Client, the Client has the right to submit a proposal for initiating an alternative dispute resolution pursuant to the provision of § 12 of the Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws. The competent entity for alternative resolution of consumer disputes with the Operator is the Slovak Trade Inspectorate or other relevant authorized legal person registered in the list of entities of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/. The client has the right to choose which of the listed alternative dispute resolution entities to turn to. The client may use the online dispute resolution platform available on the website to submit a proposal for alternative resolution of his consumer dispute. http://ec.europa.eu/consumers/odr/.
    2. Alternative dispute resolution can only be used by a consumer (natural person) who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution concerns only a dispute between the consumer and the seller, the value of which exceeds 20 euros, arising from a consumer contract concluded at a distance.

These General Terms and Conditions, including its annexes, are valid and effective from 20.06.2025.

 

In Košice, on 20.06.2025

Annex No. 1: Sample complaint notice

Notification on the application of the claim

Full name:...

Date of purchase/service:...

Name of the goods/services:...

Description of the defect/reason for the complaint:...

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Required method of handling the complaint:...

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Date:...

Signature:...