Terms and Conditions

Terms and Conditions

1. General provisions

The following terms and conditions regulate the rights and obligations of the contracting parties arising from the contract for the provision of services (hereinafter referred to as the "Contract") concluded pursuant to the provisions of Section 51 of Act No. 40/1964 Coll., the Civil Code, and in accordance with the relevant provisions of Act No. 102/2014 Coll., the Civil Code. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Off the Seller's Premises and on Amendments and Additions to Certain Acts between the Customer and the Provider:

Vital trade s.r.o., ID No.: 46167790, Nálepkova 30, 921 01 Piešt'any, Slovakia registered in the Commercial Register of the District Court of Trnava, Section: Ltd, Insert No.: 27479/T (hereinafter referred to as the "Provider"). The subject matter of this Agreement is the Provider's obligation to make instructional audiovisual training works (hereinafter referred to as the "Service") available to the Subscriber on the Provider's e-commerce website and, on the other hand, the Subscriber's obligation to pay the consideration for making the instructional audiovisual works available.

Contact details of the provider:

Vital trade s.r.o., ID No.: 46167790, Nálepkova 30, 921 01 Piešt'any, Slovakia, registered in the Commercial Register of the Trnava District Court, Section: Ltd, Insert No.: 27479/T, ID No.: 46167790 VAT ID No.: 2023269699 VAT ID No.: SK2023269699 Operation: Nálepkova 30, 921 01 Piešt'any; Phone: +421 903 443083 Email: info@vitaltrade.sk

Supervisory authority: Slovak Trade Inspection Authority (SOI) SOI Inspectorate for Trnava Region Pekárska 23, 917 01 Trnava 1 Department of Technical Product Inspection and Consumer Protection and Legal Department tel. no.: 033/5512 689, 033/5512 690 fax no.: 033/5512 656 http://www.soi.sk http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.1. These Terms and Conditions as in force on the date of conclusion of the Contract are an integral part of the Contract. In the event that the Contract is concluded in writing, in which terms and conditions deviating from these terms and conditions are agreed, the provisions of the Contract shall prevail over these terms and conditions. The newly agreed terms and conditions must not conflict with other legal provisions (shortening of time limits, liability for defects, etc.).

1.2. The displayed amount of remuneration (price) for the provision of the service on any e-commerce website operated by the Provider also includes value added tax in the amount determined according to the applicable legislation of the Slovak Republic. It does not include the price for other optional services. All sales and other promotions are valid until the time specified in the notice of promotions, unless otherwise specified for the service (audiovisual work).

1.3. The Provider has the right to adjust the amount of the remuneration (price), which is indicated on the e-commerce website, at the Provider's premises, at any time. Such a change shall not apply to Contracts concluded before the change of the amount of the remuneration (price), regardless of the fact that the service has not yet been made available.

1.4. The service is accessible via web browsers such as Internet Explorer, Mozilla, Chrome, Safari, Opera with the Flash player plugin installed. In order to fully use the service, it is necessary to have a personal computer or tablet, or a mobile phone (smartphone) that includes a web browser and allows viewing videos. The detailed technical requirements necessary for the proper use of the service will be specified on the provider's online shop sub-page.

2. Method of concluding the Contract

2.1. The Contract is concluded on the basis of a proposal sent by the Customer to the Provider in the form of a completed and submitted form via the Provider's website to which the Customer has sent the proposal for its conclusion. The subject matter of the Contract is the making available of the services - instructional audiovisual training works designated by the Subscriber for a consideration (price) and under the terms and conditions set out in this Order (hereinafter referred to as the "Order").

2.2. After the order has been placed, an automatically generated message will be sent to the email address to confirm receipt of the order in the Provider's electronic system (hereinafter referred to as the "order delivery confirmation"). If necessary, any additional information regarding the Customer's order may be sent to the Customer's email address.

2.3. The Order Acknowledgement contains information that the Provider has received the Order and is also an acceptance of the proposal to enter into the Contract (hereinafter referred to as "Order Acceptance").

2.4. The order acceptance contains information on the name and specification of the service, the provision of which is the subject of the Contract, further data on the amount of the remuneration (price), data on the expected delivery time of the service -the time of making the service available, data on the provider (business name, registered office, registration number in the commercial register, etc.). The notification may also contain other necessary data.

2.5. The conclusion of the Contract shall take place upon receipt of the acceptance of the order in electronic or written form.

2.6. The Provider has informed the Customer in a clear, unambiguous, comprehensible and unmistakable manner about pre-contractual information concerning claims, payment, business and other conditions before sending the order, so that:

a) the main features and characteristics of the service, to the extent appropriate to the means of communication used and the service, are communicated on the relevant catalogue page of the provider's e-commerce website,

b) the business name and registered office of the Provider is informed on the relevant sub-page of the Provider's e-shop and in Article 1 of these Terms and Conditions of Business and Complaints, which are located on the relevant sub-page of the Provider's e-shop,

c) the telephone number of the Provider and other data relevant for the contact of the Customer with the Provider, in particular the e-mail address of the Customer, on the relevant sub-page of the Provider's e-shop and in Article 1 of these Terms and Conditions, which are located on the relevant sub-page of the Provider's e-shop,

d) the electronic mail address (or postal address) of the Provider at which the Subscriber may file a service complaint, lodge a complaint or any other complaint, as informed in Article 1 of these Terms and Conditions, which are located on the relevant sub-page of the Provider's e-commerce,

e) the total amount of the consideration (price) for the service(s), including value added tax and all other taxes or, if due to the nature of the service the price cannot be reasonably determined in advance, the manner in which it is calculated, as well as other costs and charges or, if these costs and charges cannot be determined in advance, the fact that the customer will be obliged to pay them, informed on the relevant catalogue page of the provider's e-shop,

f) the payment terms, the terms of access to the service, the time limit by which the provider undertakes to make the service available, information on the procedures for applying and handling complaints, complaints and complaints of the subscriber informed in the relevant articles of these terms and conditions, which are located on the relevant sub-page of the provider's e-shop,

g) information about the Subscriber's right to withdraw from the Contract, the conditions, time limit and procedure for exercising the right to withdraw from the Contract is provided in Article 10 of these Terms and Conditions, which are located on the relevant sub-page of the Provider's e-shop,

h) the provision of the withdrawal form in Article 10 and in the Annex to these Terms and Conditions, which are located on the relevant subpage of the Provider's e-shop; the Provider has also provided the withdrawal form itself in the Annex to these Terms and Conditions, which are located on the relevant subpage of the Provider's e-shop,

i) the information that if the Customer withdraws from the Contract, the Customer will not bear any potential costs associated with the disconnection of the Service,

j) the obligation of the Customer to pay the Provider the price for the performance actually provided pursuant to Section 10 (5) of the Act on Consumer Protection in Distance Selling, if the Customer withdraws from the Contract after having given the Provider the express consent pursuant to Section 4 (6) of the Act on Consumer Protection in Distance Selling informed in Article 10 of these Terms and Conditions, which are placed on the relevant sub-page of the Provider's e- shop,

k) the circumstances in which the customer loses the right of withdrawal informed in Article 10 of these Terms and Conditions, which are located on the relevant subpage of the Provider's e-shop,

l) the provider's liability for defects in the service according to the relevant provisions of the Civil Code informed in Article 8 of these terms and conditions, which are located on the relevant subpage of the provider's e-commerce,

m) the existence and details of the guarantee provided by the provider according to stricter principles than those set out in Section 502 of the Civil Code, if provided by the provider, as well as information on the existence and conditions of the assistance and services provided to the customer after the provision of the service, if such assistance is provided, informed on the relevant catalogue page of the provider's e- commerce.

n) the existence of the relevant codes of conduct to which the Provider has committed itself and the way the Subscriber may consult them or obtain their text on the relevant catalogue page of the Provider's e-commerce website,

o) the duration of the Contract, if it is a Contract concluded for a definite term; if it is a Contract concluded for an indefinite term or if it is a Contract for which its validity is automatically extended, the information on the terms of termination of the Contract is also informed on the relevant catalogue page of the Provider's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the Provider's e-shop,

p) the minimum duration of the Subscriber's obligations under the Contract, if the Contract implies such an obligation for the Subscriber, is informed on the relevant catalogue page of the Seller's e-shop and in these Terms and Conditions, which are placed on the relevant sub-page of the Provider's e-shop,

q) the obligation of the Customer to pay an advance payment or to provide other financial security at the request of the Provider and the conditions applicable to its provision, if the Contract implies such an obligation for the Customer, informed on the relevant catalogue page of the Provider's e-shop and in these terms and conditions, which are placed on the relevant sub-page of the Provider's e-shop,

r) the functionality, including the applicable technical protection measures for the security of the electronic content, if applicable, informed on the relevant catalogue page of the Provider's e-shop and in these terms and conditions, which are placed on the relevant subpage of the Provider's e-shop,

s) the compatibility of the Electronic Content with hardware and software known or reasonably expected to be known to the Provider, if applicable, on the relevant catalogue page of the Provider's eCommerce and in these terms and conditions, which are located on the relevant sub-page of the Provider's eCommerce,

t) the possibility and conditions of resolving the dispute out of court through an alternative dispute resolution system, if the provider has undertaken to use such a system, informed on the relevant catalogue page of the provider's e-shop and in these terms and conditions, which are placed on the relevant subpage of the provider's e-shop,

u) the necessary actions for the conclusion of the Contract by describing these necessary actions in these Terms and Conditions, which are located on the relevant subpage of the Provider's e-shop,

v) that the Contract will be stored electronically with the Provider and is available to the Subscriber after the Subscriber has requested it in writing on the relevant catalogue page of the Provider's e-shop and in these Terms and Conditions, which are located on the relevant sub-page of the Provider's e-shop,

w) that the language offered for conclusion of the Contract is the Slovak language informed on the relevant catalogue page of the Provider's e-shop and in these Terms and Conditions, which are placed on the relevant subpage of the Provider's e-shop.

2.7. If the Provider has not complied with its information obligation pursuant to clause 2.6(e) of these Terms and Conditions, the Customer shall not be obliged to pay such additional costs or charges.

3. Provider's rights and obligations

3.1. The Provider is obliged to:

a) in the case of order confirmation in the form of acceptance and payment of the consideration (price) by the customer, the provider is obliged to make available (provide) the service in the agreed quantity, time and quality,

b) ensure that the service provided complies with the applicable legislation of the Slovak Republic,

c) send confirmation of the conclusion of the Contract in a durable medium, such as by electronic mail. The confirmation must be sent without delay and must contain all the information set out in 2.6, including the form for Contract withdrawal,

d) no later than together with making the service available, to hand over to the Subscriber in electronic form all necessary documents - data related to making the service available and intended for the use of the service made available and other documents prescribed by the applicable legislation of the Slovak Republic,

(e) that the service meets all the characteristics guaranteed by the provider throughout the period of making the service available.

3.2. The Provider has the right to proper and timely payment of the remuneration (price) by the Subscriber for the made available service.

3.3. In case of unavailability of the provided service due to technical reasons, if the Provider is not able to make the service available to the Customer within the period agreed in the Contract, specified in these Terms and Conditions, the Provider is obliged to provide the Customer with information about the reasons for the unavailability - unavailability of the service and its expected duration, or about the possibility of cancellation of the Contract for the Customer (cancellation of the order). Contract Withdrawal or cancellation of the order is possible by sending an e- mail to the Subscriber. In the event that the Provider does not make the Service available or the Subscriber is unable to subscribe to the Service for the first time, in accordance with the provisions of clause 5.2 of these Terms and Conditions, the Subscriber may withdraw from the Contract. In the event of payment of the consideration (price) by the Subscriber or a part thereof, the Provider is obliged to refund the consideration (price) already paid or a part thereof within 14 days from the date of receipt of the email of withdrawal from the Contract or cancellation of the order to the Subscriber to the account specified by the Subscriber, unless the Parties agree otherwise.

3.4. The Provider is entitled to change the audiovisual works made available on the Service, but while maintaining similar content. Such a change shall be made in order to improve the audiovisual works in terms of content or technical aspects. At the same time, the provider shall maintain access to the replaced audiovisual works for the subscriber, and the provider shall inform the subscriber, as appropriate, where they will be available to him.

4. Subscriber's rights and obligations

4.1. The Provider has notified the Customer of the obligation to pay the consideration (price). This obligation is part of the order.

4.2. Subscriber's rights: The Subscriber shall be entitled to the services in the quantity, quality, time and place agreed by the Parties.

4.3. Obligations of the Subscriber: a) to pay the agreed remuneration (price) to the Provider within the agreed due date, b) to observe the copyrights related to the provided service.

4.4. The Subscriber acknowledges that the audiovisual works made available on the Service contain instructional exercises which are not intended to cure diseases and deformities, but are of a preventive nature. The Subscriber also acknowledges that the Provider is not responsible for the accuracy of the exercises performed by the Subscriber according to the audiovisual works, and the Subscriber performs the exercises at his own risk. The Subscriber further acknowledges that, before commencing the exercise, the Subscriber should consult with his/her physician as to the appropriateness of the exercise with respect to the Subscriber's diagnoses.

4.5. Since the subject of the Contract is the provision of services, the Customer acknowledges and has been informed that it does not have the right to withdraw from the Contract without giving a reason pursuant to Section 7(6) of Act No.102/2014 Coll. on consumer protection in distance selling. The Customer also acknowledges that by entering the Contract, he agrees to be provided with the selected service and is aware that by providing the service he loses the right to withdraw from the Contract according to the above provision.

5. Terms of providing (making available) the service and payment terms

5.1. For each service on the e-commerce website, the characteristics of the specific service are listed. To use the service, it is necessary that the Subscriber has an internet connection.

5.2. The Provider is obliged to make the service available to the Subscriber immediately, no later than within 24 hours from the date of conclusion of the Contract and payment of the consideration (price) for the provision of the service by the Subscriber in case of payment by payment card and no later than within 3 working days in case of payment by bank transfer, unless otherwise agreed in the Contract. If the Provider has not fulfilled this obligation, the Subscriber may request the Provider to make the service available within a reasonable additional period specified by the Subscriber. If the service is not made available even within this additional reasonable period, the Customer shall be entitled to withdraw from the Contract. In the event of payment of the consideration (price) by the Subscriber or a part thereof, the Provider shall be obliged to refund the consideration (price) already paid or a part thereof within 14 days from the date of receipt of the email of withdrawal from the Contract or cancellation of the order to the Subscriber to the account designated by the Subscriber, unless otherwise agreed by the Parties.

5.3. The display of the Service on any e-commerce website operated by the Provider is not for illustrative purposes only. The characteristics and detailed description of the Service, which are contained in the Provider's catalogues, brochures and other documents placed on the Provider's e-commerce website, are given by the Provider and the Provider is responsible for their accuracy.

5.4. The Provider shall make the service available to the Subscriber electronically by sending login data to the Subscriber's email address, on the basis of which the Subscriber shall log in to the website designated by the Provider, where the service shall be made available to the Subscriber. The subscriber is entitled to use the service only in an online environment and is not entitled to download audiovisual works to a hard or other disk.

5.5. If the Subscriber is unable to log in to the Service using the login details provided in the above clause, the Subscriber shall contact the Provider by sending an e-mail and inform the Provider accordingly. The Provider shall rectify the problem without undue delay. If the Provider fails to rectify the problem even within 7 working days, the Subscriber is entitled to withdraw from the Contract and the Provider is obliged to refund 50% of the paid fee (price) to the Subscriber within 14 days from the moment of receipt of the withdrawal from the Contract, if the Subscriber has had access to the service for less than 3 months. The funds shall be transferred to a bank account designated by the Subscriber.

5.6. In the event of failure to provide the service by the Provider despite the created and paid order, the Subscriber is entitled to withdraw from the Contract within the period specified in clause 3.3. of these Terms and Conditions and the Provider is obliged to return the already paid remuneration (price) or its part to the Subscriber within 14 days from the moment of delivery of the withdrawal from the Contract. The funds shall be transferred to a bank account designated by the Subscriber.

6. Remuneration (price) for the provision of the service

6.1. The remuneration (price) for the provision of the service, which has been agreed in the Contract between the Customer and the Provider, is specified in the Order Acceptance. If the consideration (price) indicated in the order acceptance is higher than the price for the identical service indicated in the e-commerce offer at the time of sending the order by the Subscriber, the Provider shall deliver an electronic message to the Subscriber informing him/her of the offer of a new amount of consideration (price), which shall be deemed to be a proposal by the Provider for the conclusion of a new Contract, which must be expressly confirmed by the Subscriber by e-mail or in writing in order for the valid conclusion of the Contract to take place.

6.2. The Subscriber is obliged to pay the Provider the remuneration (price) for the provision of the Service by wire transfer to the Provider's account specified in the order acceptance or on the Provider's website at the time before the Service is made available or by credit card.

6.3. In case of payment of the remuneration (price) by wire transfer to the Provider's account, the date of payment shall be deemed to be the moment when the full amount of the remuneration (price) has been credited to the Provider's account. For the avoidance of doubt, a payment made by credit card shall be deemed to have been credited to the Provider's account on the date of payment and a payment made by wire transfer shall be deemed to have been credited to the Provider's account on the third business day following the date of payment.

6.4. The Customer is obliged to pay the Provider the remuneration (price) for the provided service within the time limit according to the Contract. The Provider shall not make the Service available to the Subscriber before the full amount of the consideration (price) has been credited to the Provider's account.

6.5. The Provider is entitled to refuse to provide the service to the Customer if the Customer fails to pay the Provider the full amount of the consideration (price).

7. Provider's copyright

7.1. The Subscriber does not acquire the ownership right to the audiovisual works made available on the Service, he is only granted a non-exclusive license to use the work.

7.2. The Subscriber is entitled to use the audiovisual works made available on the Service only for personal, non-commercial use in strict compliance with copyright law. The Subscriber is not entitled to modify, publicly display, perform, distribute or otherwise use these works in any way for public or commercial purposes. Unauthorized use of the audiovisual works made available on the service constitutes an infringement of copyright, with the attendant civil and criminal consequences.

7.3. The Subscriber is not entitled to copy or distribute the audiovisual works made available on the Service and to exploit the works for profit.

7.4. The Subscriber is not entitled to provide his/her login details to any third party.

7.5. In the event of a breach of any provision of this clause, the Provider reserves the right to block the Subscriber's service.

8. Complaints procedure (warranty, liability for defects, claims)

8.1. The Customer is entitled to have a technical defect removed free of charge, in a timely and proper manner, insofar as it is a technical defect in the Service that can be removed. The Provider is obliged to remove the technical defect without undue delay.

8.2. If there is a technical defect in the Service which cannot be remedied and which prevents the Service from being used properly, the Customer shall have the right to withdraw from the Contract. The same rights shall apply to the Customer if the defect is remediable, but the Customer is unable to use the Service properly due to multiple recurrences of the defect. Multiple recurring defects shall be deemed to exist if any technical defects in the service have occurred at least five times in one calendar month. The Provider is obliged to refund 50% of the consideration (price) paid to the Customer within 14 days from the moment of receipt of the withdrawal from the Contract if the Customer has had access to the service for less than 3 months.

8.3. The Subscriber is obliged to lodge a complaint with the Provider or a designated person. The Provider shall be liable for defects in the service within the meaning of the applicable legislation of the Slovak Republic.

8.4. The complaints handling is governed by the valid complaints procedure of the provider, i.e. Article 8 of these Terms and Conditions. The Subscriber was duly informed of the Complaints Procedure and informed of the conditions and method of claiming the Service, including details of how to claim, at the time prior to the conclusion of the Contract by placing these Terms and Conditions on the relevant sub-page of the Provider's eshop and the Subscriber had the opportunity to read them at the time prior to placing the order.

8.5. Services purchased by the Customer from the Provider in the form of e- commerce on the Provider's e-commerce website are subject to the Complaints Procedure.

8.6. If the Service has defects for which the Provider is responsible and was purchased from the Provider, the Customer has the right to claim liability from the Provider for technical defects of the Service in accordance with clauses 8.1. and 8.2.

8.7. If the Service is defective, the Subscriber has the right to make a claim by sending an e-mail to the Provider in which the Subscriber describes the defects in the Service, in particular the extent, type and duration of the technical defect (hereinafter referred to as the "Notice of Claim").

8.8. After notification of the claim, the Provider shall notify the Customer of the acceptance of the claim without undue delay, but no later than within 24 hours by sending an email, stating the reasons for the service defect, the estimated time required to remove the defect and, if the defect is irremediable, the possibility of withdrawing from the Contract.

8.9. The Provider is obliged to remove the technical defect without undue delay, if it is a significantly complicated technical defect of the service, no later than within 7 working days from the date of notification of the claim. In the event that even after the expiry of the period referred to above the Provider does not remove the technical defect of the service and this technical defect results in the service not being accessible or being accessible in a quality that is significantly worse than agreed, the Customer shall have the right to withdraw from the Contract. The Provider is obliged to refund the Subscriber 50% of the paid fee (price) within 14 days from the moment of receipt of the Contract withdrawal if the Subscriber has had the service available for less than 3 months.

8.10. The Subscriber shall not be entitled to claim liability for defects in the Service of which the Provider was notified at the time of conclusion of the Contract or of which, having regard to the circumstances under which the Contract was concluded, the Subscriber should have known.

8.11. The Provider reserves the right to replace the defective service (defective audiovisual work) with another faultless service (new audiovisual work) with the same or better content and technical parameters, if this does not cause the Subscriber serious difficulties.

8.12. The Provider is not liable for defects in the service:

• if the service is not displayed or is displayed incorrectly due to missing software or hardware on the subscriber's side,

• if the service is not displayed or displayed incorrectly due to incorrect settings on the subscriber's side,

• if the service is not displayed or displayed incorrectly due to missing updates or add-ons on the subscriber's side,

• if the service is not displayed or displayed incorrectly due to the use of an incompatible internet browser on the subscriber's side,

• if the service is not displayed or displayed incorrectly due to a faulty or weak internet connection on the subscriber's side.

8.13. The Provider is obliged to settle the complaint and terminate the complaint procedure in one of the following ways: a) by removing the technical defect of the service, b) by replacing the service with a new service (new audiovisual work), c) in the case of an irremediable defect, by a proposal for withdrawal from the contract, d) by a reasoned rejection of the complaint of the goods.

8.14. The Provider will inform the Customer of the result of the complaint immediately after the completion of the complaint procedure by telephone or e-mail and will also receive a proof of the complaint settlement via e-mail.

8.15. The warranty period is unlimited in time and is valid for the entire period of making the service available.

8.16. If the Customer withdraws from the Contract in accordance with the provisions of clause 10.10 of these Terms and Conditions and the Service has not yet been made available or the Customer was not able to log in to the Service for the first time and withdraws from the Contract, the Customer shall be entitled to a refund of 100% of the fee (price) paid to the Provider. In the event that the Subscriber withdraws from the Contract in accordance with the provisions of clause 10.10 of these Terms and Conditions within 3 months from the date of making the Service available, the Subscriber shall be entitled to a refund of 50% of the value of the consideration (price).

8.17. The handling of the claim shall apply only to the defects specified in the Notice of Claim and in the confirmation of the claim of the service according to these Claims and Terms and Conditions.

8.18. For the purposes of a claim, the occurrence of a single repetitive remediable defect at least five times in one calendar month shall be deemed to be a repetitive remediable defect.

8.19. The Customer's right to make a claim for a service defect is exhausted after the Customer has exercised its right and requested the Provider to remedy the service defect pursuant to clause 8.1 of these Complaints and Terms and Conditions and, regardless of the outcome of the claim, the Customer is not entitled to make a claim again for the same unique defect (not a defect of the same type).

8.20. The provisions of Article 8 of these Complaints and Terms and Conditions, which have the character of consumer rights, expressly do not apply to entities that do not meet the definition of a consumer as set out in Section 2(a) of Act No.102/2014.

9. Personal data and data protection

9.1. The Parties agree that the Subscriber, if he is a natural person, is obliged to notify the Provider in the order of his name and surname, permanent address including postal code, telephone number and e-mail address.

9.2. The Parties agree that the Customer, if it is a legal entity, is obliged to notify the Provider in the order of its business name, registered office address including postal code, ID number, telephone number and e-mail address.

9.3. The Subscriber, who has registered before sending the order, can at any time check and change the personal data provided by logging on to the e-commerce website in the section https://nopainoffice.com/customer/login

9.4. The Provider hereby notifies the Subscriber that pursuant to Act No. 18/2018 Coll. on the protection of personal data and on amendment and supplementation of certain acts, as amended (hereinafter referred to as the "PDPA"), the Provider as the controller will process the personal data of the Subscriber in the process of concluding the Contract without the Subscriber's consent as a data subject, since the processing of the Subscriber's personal data will be carried out by the Provider in pre-contractual relations with the Subscriber and the processing of the Subscriber's personal data is necessary for the performance under the Contract, in which the Subscriber acts as one of the contracting parties.

9.5. The Subscriber may, by ticking the relevant box before placing an order, express his/her consent within the meaning of the PDPA to the Provider processing and storing his/her personal data, in particular those listed above and/or which are necessary for the Provider's activities related to sending information about new products, discounts and promotions on the services offered and processing them in all its information systems related to sending information about new products, discounts and promotions on the services offered.

9.6. The Provider undertakes to treat and handle the personal data of the Subscriber in accordance with the applicable legislation of the Slovak Republic.

9.7. The Provider declares that, in accordance with PDPA, personal data will be collected exclusively for the purpose stated in these terms and conditions.

9.8. The Provider declares that, in accordance with the PDPA, it will collect personal data for purposes other than those specifically mentioned in these terms and conditions and will ensure that the personal data is processed and used only in a manner that is appropriate to the purpose for which it was collected and that it will not combine it with personal data that was collected for other purposes.

9.9. The Subscriber grants the Provider consent pursuant to Clause 9.5 of these Complaints and Terms and Conditions for a definite period of time until the purpose of processing the Subscriber's personal data is fulfilled. The Provider shall ensure the immediate destruction of the Subscriber's personal data after the purpose of the processing has been fulfilled. The consent to the processing of personal data may be revoked by the Customer at any time in writing. The consent shall expire within 1 month of the receipt of the withdrawal of consent by the subscriber to the provider.

9.10. The Subscriber will be asked to confirm, by ticking the box before sending the order, that the Provider has given sufficient, clear and unmistakable notice to the Subscriber:

a) your identification data, which are specified in Article 1 of these Terms and Conditions,

b) the purpose of the processing of personal data, which is the conclusion of the Contract between the Provider and the Subscriber,

c) that it will process the personal data of the customer in the scope of name and surname, permanent address including postal code, telephone number and e-mail address if the customer is a natural person and in the scope of business name, registered office address including postal code, registration number, telephone number and e-mail address if the customer is a legal person,

(d) that the requested personal data must be provided by the customer,

9.11. The Provider declares that it will process personal data in accordance with good morals and will act in a manner that does not contradict the PDPA or other generally binding legal regulations and will not circumvent them. The Provider declares that the consent of the data subject will not be enforced or conditioned by the threat of refusal of a contractual relationship, service or obligation imposed on the Provider.

9.12 The Subscriber shall have the right, upon written request from the Provider, to require:

(a) confirmation of whether or not personal data concerning him or her are being processed,

(b) the purpose of the processing of personal data,

(c) in a generally comprehensible form, information on the processing of their personal data in the information system and on its status to the extent:

(I) the identity of the provider and the provider's representative, if appointed,

II) the identification data of the processor; this does not apply if the provider does not proceed in accordance with § 34 of the PDPA when obtaining personal data,

(d) in a generally intelligible form, precise information about the source from which he obtained his personal data for processing,

(e) in a generally intelligible form, a copy of his or her personal data which are the subject of the processing,

(f) additional information which, taking into account all the circumstances and conditions of the processing of personal data, is necessary for the customer to safeguard his rights and legitimate interests, in particular to the extent that

I) an instruction on the voluntariness or the obligation to provide the requested personal data; if the provider obtains the personal data of the subscriber on the basis of the subscriber's consent pursuant to the PDPA, it shall also notify the subscriber of the period of validity of the consent, and if the subscriber's obligation to provide personal data results from a directly enforceable legally binding act of the European Union, an international treaty to which the Slovak Republic is bound or a law, the provider shall notify the subscriber of the legal basis which imposes this obligation and shall inform the subscriber of the consequences of refusal to provide the personal data,

(II) information about third parties where it is foreseen or apparent that personal data will be disclosed to them,

(III) the range of recipients where it is foreseen or apparent that personal data will be disclosed to them,

(IV) the form of disclosure, if personal data are to be disclosed, to third countries where it is foreseen or apparent that a transfer of personal data will take place to those countries,

(g) the rectification of inaccurate, incomplete or outdated personal data subject to processing,

(h) the destruction of his or her personal data where the purpose of the processing has been fulfilled; where official documents containing personal data are the subject of the processing, he or she may request their return,

i) the destruction of his/her personal data subject to processing if there has been a breach of the PDPA or other applicable Slovak law.

9.13. The Subscriber has the right to object to the following upon free written request to the Subscriber: the processing of his/her personal data which he/she believes is or will be processed for direct marketing purposes without his/her consent and to request its destruction, the use of personal data referred to in § 31 for direct marketing purposes in postal mail, or the provision of personal data referred to in § 31 for direct marketing purposes.

9.14. The Subscriber has the right to object to the processing of personal data in cases pursuant to Section 31 of the Personal Data Protection Act by submitting legitimate grounds or evidence of unjustified interference with his/her rights and legally protected interests which are or may be harmed by such processing of personal data in a particular case, based on a free of charge written request to the Provider; unless prevented by lawful grounds and the customer's objection is proven to be justified, the provider is obliged to block and destroy the personal data whose processing the customer has objected to without undue delay as soon as the circumstances permit.

9.15. The Subscriber, upon written request or in person if the matter cannot be delayed, shall furthermore have the right to object to the Provider at any time and not to submit to a decision of the Provider that would have legal effects or significant impact on him, if such decision is made solely on the basis of automated processing of his personal data. The Subscriber shall have the right to request the Provider to review the decision issued by a method other than automated processing, and the Provider shall comply with the Subscriber's request, with the Authorized Person having the decisive role in the review of the decision; the Provider shall inform the Subscriber of the method of review and the result of the finding within the time limit set out in paragraph 9.18 of these Terms and Conditions. The Subscriber shall not have this right unless a specific law providing for measures to safeguard the Subscriber's legitimate interests so provides, or the Provider has decided granting the Subscriber's request within the framework of the pre-contractual relationship or during the existence of the contractual relationship, or the Provider has taken other appropriate measures to safeguard the Subscriber's legitimate interests on the basis of the contract.

9.16. If the customer exercises his/her right in writing and the content of his/her request shows that he/she exercises his/her right, the request shall be deemed to have been made in accordance with the PDPA; a request made by e-mail or fax shall be delivered in writing by the customer within three days of the date of its dispatch at the latest.

9.17. If the Subscriber suspects that his/her personal data is being processed unlawfully, he/she may submit a notification to the Data Protection Authority. If the Subscriber lacks full legal capacity, his/her rights may be exercised by a legal representative.

9.18. The Provider is obliged to deal with the Customer's request in writing pursuant to this Article of these Terms and Conditions or to comply with the Customer's requirements pursuant to the PDPA and to inform the Customer in writing no later than 30 days after receipt of the request or requirement.

9.19. Restriction of the Subscriber's rights under the PDPA shall be promptly notified in writing by the Provider to the Data Subject and the Office for Personal Data Protection.

9.20. The Provider hereby notifies the Subscriber that, in accordance with the PDPA, when processing the Subscriber's personal data, it is assumed that the Subscriber's personal data will be disclosed and made available to third parties, respectively to a range of recipients: the person responsible for the processing of the Provider's accounting and the person responsible for the Provider's IT support. At the request of the Customer, the Provider will communicate the exact details of these persons, as they may change over time.

10. Contract Withdrawal

10.1. If it becomes impossible for the Provider to fulfil its obligations under the Contract due to serious technical reasons or force majeure, or if the Provider is not able to provide the service to the Customer within the time limit specified in these Terms and Conditions, even after making all efforts that can be fairly required of it, the Provider is obliged to immediately inform the Customer of this fact and at the same time it is obliged to offer the Customer an alternative performance or the possibility for the Customer to withdraw from the Contract (cancel the order). If the Customer withdraws from the Contract for the reasons set out in this clause of these Complaints and Commercial Terms and Conditions, the Provider is obliged to refund to the Customer the deposit already paid for the provision of the service agreed in the Contract within 14 days of the notification of withdrawal from the Contract by transfer to the account designated by the Customer.

10.2. The Customer is not entitled to withdraw from the Contract without giving any reason pursuant to § 7 et seq. 102/2014 Coll. on Consumer Protection in Distance Selling (hereinafter referred to as the "Act on Consumer Protection in Distance Selling"), since according to the provisions of § 7 (6) of the Act on Consumer Protection in Distance Selling, the consumer may not withdraw from the Contract, the subject of which is the provision of a service, if the provision of the service has begun with the consumer's express consent and the consumer has declared that he/she has been duly instructed that by expressing this consent he/she loses the right to withdraw from the Contract after the full provision of the service, and if the service has been provided in full.

10.3. Contract Withdrawal is required in writing, in a manner that does not give rise to any doubt that the withdrawal has been made in error or in the form of a notation on another durable medium, or using the form attached as Annex 1 to these Terms and Conditions.

10.4. Contract Withdrawal pursuant to the preceding clause of these Terms and Conditions must contain the information required in the Contract withdrawal form, which forms Annex 1 to these Terms and Conditions, in particular the identification of the Customer, the number and date of the order, the exact specification of the service, the manner in which the Provider is to return the performance already received, if the right to its return has arisen.

10.5. In the event of withdrawal from the Contract by the Customer, any supplementary contract related to the Contract from which the Customer has withdrawn shall also be cancelled from the outset. No costs or other payments may be claimed from the Subscriber that are related to the cancellation of the supplementary contract, except for the costs and payments referred to in § 10 (5) of the Act on Consumer Protection in Distance Selling and the price for the service.

10.6. The Provider shall terminate the Subscriber's access to the provided Services without undue delay after receipt of the notice of withdrawal from the Contract, within 24 hours at the latest, provided, however, that the withdrawal from the Contract is valid and for the reasons set out in these Terms and Conditions.

10.7. The Provider is obliged to return to the Customer without undue delay, no later than within 14 days from the date of receipt of the notice of withdrawal from the Contract, all payments received from the Customer under or in connection with the Contract, if the Customer is entitled to their return under those terms and conditions.

10.8. The Provider is obliged to refund to the Subscriber the consideration (price) for the service in the same way as the Subscriber used for his/her payment, unless the Provider agrees with the Subscriber on a different method of refunding the payments without charging the Subscriber any additional fees in this regard.

10.9. The Subscriber is entitled to request the Provider to cancel his/her access to the provided service at any time without giving any reason. In such case, the Contract shall be terminated. However, the Subscriber shall not be entitled to a refund of any consideration paid.

10.10. The Customer has the right to withdraw from the Contract in cases where:

a) the Provider does not make the Service available for the first time within the time limits set out in clause 5.2 of these Terms and Conditions (further T&C);

b) the service is unavailable for more than 7 working days pursuant to clause 5.5 of these T&C;

c) the Service has a defect which cannot be remedied and which prevents the Service from being used properly in accordance with clause 8.2 of T&C;

d) the service has multiple repeated defects as per clause 8.2. of these T&C;

e) the Provider fails to rectify the technical defect even within 7 working days pursuant to clause 8.9 of these T&C.

11. Payment methods

Payment methods are listed on this subpage: https://nopainoffice.com/page/payment-options

12. Final provisions

12.1. If the Contract is in writing, any modification of the Contract must be in writing.

12.2. The Parties agree that communication between them shall be in the form of e-mail messages (electronic mail).

12.3. Relationships not regulated by these terms and conditions are subject to the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling.

12.4. These Terms and Conditions shall become effective against the Customer upon the conclusion of the Contract.

12.5. Before sending the order, the Customer will be asked to confirm by ticking the box that he/she has read and understood these terms and conditions and agrees to them in their entirety.

13. Alternative Dispute Resolution

13.1. The Subscriber shall have the right to seek redress from the Provider if the Subscriber feels that the Provider has violated the Subscriber's rights or has failed to deal with the complaint in accordance with the law. If the provider does not respond to the request within 30 days or responds to it in a negative manner, the consumer - subscriber may submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter referred to as ADR entity) pursuant to Act 391/2015 Coll. Pursuant to §3 of Act 391/2015 Coll. the ADR entities are authorities and authorized legal persons. The consumer may submit a proposal in the manner specified under §12 of Act 391/2015 Coll. The application may also be submitted online through the alternative dispute resolution platform RSO.

13.2. Alternative Dispute Resolution is reserved exclusively for consumers of natural persons, not entrepreneurs. Dispute resolution takes place between a consumer and a provider who have concluded a distance contract and whose dispute has a value of more than EUR 20. The maximum fee that ARS can charge is EUR 5 from the consumer, to cover costs.