III. Information security and protection

The Seller hereby informs the Buyer that, for the purposes of the provisions of the Personal Data Protection Act, it will process the Buyer's personal data in the process of concluding the sale-purchase contract without the Buyer's consent as the data subject, since the processing of the Buyer's personal data will be carried out by the Seller in pre-contractual relations with that Buyer, and the processing of the Buyer's personal data is necessary for the performance of the sale-purchase contract, in which the Buyer acts as the contracting party.

Also, if the delivery of the object of the purchase will be through a third party / supplier, the Seller will ensure that it complies with the rules through data security and processing of personal data.

The buyer can at any time check and modify the personal information provided, as well as cancel his/her registration after logging in to the online shop website in the "My Account" section.

The Buyer may, by ticking the relevant box before sending the order, express his consent within the meaning of the provisions of the Personal Data Protection Act, for the Seller to process and store his personal data, in particular the aforementioned and/or, which are necessary for the Seller's activity in order to send information about new products, discounts and promotions on the goods offered and to process them in all its information systems, related to the sending of information about new products, discounts and promotions on the goods offered.

The Buyer grants this consent to the Seller for a fixed period until the purpose of processing the Buyer's personal data has been fulfilled. The Seller shall, after the purpose of the processing has been fulfilled, ensure the immediate disposal of the Buyer's personal data. The purchaser may withdraw his consent to the processing of personal data at any time in writing. Consent expires within 1 month of delivery of the withdrawal of consent by the Buyer to the Seller.

By granting any consent by the Buyer to the Seller, the Buyer agrees that such consent includes third parties who may have access to its personal data and for which the Seller assumes responsibility for the performance of its obligations hereunder.

The seller declares that all personal data are confidential and will not be made public, provided to third parties, etc. except in connection with distribution or payment, relating to the goods ordered (notification of name, account number and delivery address). The seller shall act in such a way that the data subject's rights, in particular the right to preserve human dignity, are not violated and shall also ensure protection against unauthorised interference with the data subject's private and personal life. Personal data are collected, processed and stored in accordance with the applicable laws of Romania, in particular with the law on the protection of personal data, as amended and supplemented. The buyer has the right to access and correct his/her personal data (via the contact form quoted, including the right to request explanations and removal of non-compliant status and other legal rights to such data).

The purchaser, on the basis of a free written request, has the right to object to the processing of personal data in accordance with the provisions of the law on the protection of personal data by invoking legal grounds or by submitting evidence of unauthorized interference with his rights and protected interests, which are, or may be affected in a concrete case by such processing of personal data, unless there is a legal ground and it is established that the Buyer's objection is justified, and the Seller is obliged to block and liquidate the personal data, the processing of which the Buyer has objected to, without undue delay, as soon as circumstances permit.

The Seller hereby informs the Buyer that, in accordance with the provisions of the law on the protection of the Buyer's personal data, it is assumed that the Buyer's personal data will be provided and made available to the following third parties, resp. circle of beneficiaries:

Cargus S.R.L., with registered office in Bucharest, Str. 11 Iunie nr. 14, sector 4, CUI RO3541906, registered at the Trade Register under no. J40/4892/2022.

Dynamic Parcel Distribution S.A., with registered office in Comuna Mogoșoaia, Str. Buiacului, nr. 2, Corp A - Unit A1 and A2, Ilfov County, Romania, CUI RO9566918, registered at the Trade Register under no. J23/409/08.02.2010.

Fan Courier Express S.R.L., with registered office in Bucharest, Șos. Fabrica de Glucoză, nr. 11C, sector 2, CUI RO13838336, registered at the Trade Register under no. J40/4014/2001, RO13838336

As part of the complaint procedure, the following information is requested from customers: name, surname, address, telephone number, e-mail and signature or digital signature. All personal data obtained in this way shall be processed solely for the purposes necessary to resolve the complaint and in accordance with the Personal Data Protection Act, as amended and supplemented.

The buyer has the right to access and rectify his personal data, including the right to request clarification and removal of erroneous status and other legal rights relating to such data.

The seller may still, if consent is given, process so-called "cookies" in order to facilitate the provision of information society services in accordance with the provisions of the (EU) Directive on the protection of personal data for the purpose of "cookies" or similar tools, and ensures that users are aware of the information that is stored on the terminal equipment. Users have the option to refuse to have cookies or similar tools stored on their terminal devices, e.g. by running anonymous browser functionality.

In order to prevent crime and minimize damage, Seller reserves the right to refuse Buyer an order created from a blacklisted IP address. In case of problems with the order, the Buyer may contact the Seller by e-mail at shop@sense4fit.com.

1. Opening hours

Order via the internet or through the sales staff:

Pray:

Automatic order confirmation: Monday - Sunday: 00-24h

e-mail, phone: Monday - Friday: 08:00-17:00

In the event of computer system failure or force majeure, the Seller shall not be liable for failure to comply with the hours of operation.

Customers will be informed about the opening hours for public holidays on www.shop.sense4fit.com

1. Prices

All prices are contractual. On the web platform of the online shop the prices are always current and valid. Prices are final and include VAT, where applicable, and any other taxes and fees that the consumer must pay to obtain the goods, this does not refer to freight and similar charges.

Promotional prices are valid while stocks last, with mention of the number of pieces of the goods on promotion or for a specific period of time.

Initial price means the price of the product/service/license at which Sense4FIT has offered the product/service/license in question without taking into account the total of possible bonuses, marketing campaigns to support sales and other discount promotions within the Sense4FIT online shop.

1. Order

The buyer receives the goods at the price valid at the time of the order. The natural person buyer has the possibility to know the total price, including VAT and all other taxes (Green Stamp Duty etc.) before placing the order. This price will be mentioned in the order and in the message confirming receipt of the order. The individual buyer can find out how long the offer or price is valid before placing an order.

You can order in the following ways:

• via the SENSE4FIT SHOP online shop

The Buyer acknowledges that there may be cases in which no contract is concluded between the Seller and the Buyer, especially if the Buyer orders the goods for a price published in error due to a malfunction of the Seller's internal computer system. In such a case, the Seller shall inform the Buyer of this fact and shall have the right to withdraw from the contract.

The Seller reserves the right to declare the sale-purchase contract invalid if personal data has been misused, the card has been misused, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.

The Buyer acknowledges that in the above cases the sale-purchase contract cannot be validly concluded.

The order will be honoured to the Buyer at the price valid at the time of the order.

VII. Withdrawal from contract

Withdrawal from the contract by the Buyer who is a natural person

In accordance with the provisions of the Consumer Protection Act on the sale of goods or the provision of services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises, as amended and supplemented by certain laws, the Buyer has the right to withdraw from the contract concluded in this way without giving a reason within 14 days of the date of receipt of the goods or the conclusion of the contract for the provision of services, in which case it is necessary within this period to send the Seller a letter or notice on another durable medium (e-mail) of withdrawal from the contract. The Buyer has this right even if the goods ordered via the Internet were picked up personally at the Seller's place of delivery.

For information on the address to which you will need to send the withdrawal form and products, please contact us at shop@sense4fit.com

The buyer is entitled within this period to unpack the goods after taking delivery and to test them in the same way as is customary in a conventional shop, to the extent necessary to establish the nature, characteristics and functioning of the goods. The goods must be returned by the Buyer as a natural person, complete with full documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which the goods were taken. The buyer is only liable for the diminished value of the goods resulting from the handling of the goods beyond what is necessary to establish the characteristics and functioning of the goods. The natural person buyer is not liable for the reduction in the value of the goods if the Seller has not complied with the duty to inform the consumer of his right to withdraw from the contract under the law on consumer protection in the case of distance selling.

If the goods are complete, including the original packaging, intact and show no signs of use, the Seller shall extend the aforementioned period of 14 days for the return of the goods to 30 calendar days from the date of receipt of the goods.

In accordance with the above mentioned law and taking into account the nature of the assortment being sold, goods sold in the NUTRITIVE SUPPLEMENTS and PROTEINS section cannot be returned if they have been unpacked, used or show signs of use.

The money for the returned goods will be returned to the natural person Buyer no later than 14 days after receipt of the notice of withdrawal from the contract.

Unless withdrawal is expressly agreed, the consumer cannot withdraw from contracts:

1. (a) in the case of the provision of a service, if its provision has been initiated with the express consent of the consumer and the consumer has declared that he has been properly informed that by giving such consent he loses the right to withdraw from the contract after the provision of the full service, and if the service has been provided in full,
2. b) in the case of the sale of goods or the provision of services, the price of which depends on price fluctuations on the financial market, which the Seller cannot control and which may occur during the period of withdrawal from the contract,
3. (c) in the case of the sale of goods made to the specific requirements of the consumer, personalised goods or goods specifically intended for a particular consumer,
4. (d) in the case of the sale of rapidly deteriorating or perishable goods,
5. (e) in the case of the sale of goods sealed in protective packaging which are not suitable for return for reasons of health or hygiene and whose protective packaging has been damaged,
6. (f) in the case of the sale of goods which, by their nature, may be inseparably mixed with other goods after delivery,
7. g) in the case of the sale of alcoholic beverages, the price of which has been agreed at the time of conclusion of the contract, the delivery of which may be made not earlier than 30 days and the price of which depends on fluctuations in market prices, which the Seller cannot influence;
8. h) in the case of urgent repairs or maintenance which the consumer has explicitly requested from the Seller; this shall not apply to contracts for the provision of services and contracts for the sale of goods other than spare parts for repair or maintenance if they were concluded during the Seller's visit to the consumer and the consumer has not ordered these services or goods in advance,
9. (i) in the case of the sale of audio recordings, video recordings, audio-visual recordings, books or software sold in protective packaging if the consumer has unwrapped the packaging,
10. (j) in the case of the sale of periodicals, except for subscription sales and the sale of books, which are not supplied under protective cover,
11. k) in the case of the provision of accommodation services, other than accommodation, transport of goods, car hire, provision of catering services or provision of services related to leisure activities and under which the Seller undertakes to provide such services at the agreed time or within the agreed time,
12. (l) in the case of the supply of electronic content, other than on tangible material, where the supply of the electronic content has begun with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses his right to withdraw from the contract by giving such consent.

If the Buyer decides to withdraw from the contract within the specified period, in order to speed up the settlement of the withdrawal, we recommend to deliver the goods to the Seller's address together with the covering letter, a possible reason for withdrawal (not necessary), the purchase document number and the bank account number stating whether the amount will be paid in cash or spent on the next purchase.

The Buyer acknowledges that, if he withdraws from the contract, he shall bear the cost of returning the goods to the Seller and, if he withdraws from the contract remotely, the cost of returning the goods, which by their nature cannot be returned by post.

The Buyer acknowledges that, if gifts are supplied together with the goods, the gift agreement between the Seller and the Buyer is concluded on the condition that, if the consumer's right of withdrawal from the contract is exercised, the gift agreement shall lose its validity and the Buyer shall be obliged to return the goods and the gifts supplied together with them. If not returned, these values will be perceived as an unjust enrichment of the Buyer.

If all of the above conditions for the return of goods are met, the Buyer is entitled to a refund of the amounts paid for the returned goods, which will be returned to the Buyer no later than 14 days after withdrawal from the contract. The Seller is obliged to return to the Buyer the purchase price for the goods in the same manner as the Buyer has used for payment, unless the Buyer has agreed with the Seller to another method of return, without any further charge to the Buyer.

Withdrawal from the contract by the Buyer who is a legal person

If the Buyer is a legal entity, it may be offered a substitute withdrawal from the purchase contract, depending on the condition of the returned goods, the lost security and the current price of the returned goods. The condition of the goods is assessed by the Seller. If mutually acceptable terms are not agreed, the goods will be returned at the Seller's expense. The Seller shall be entitled to charge the Buyer for any additional costs incurred.

In order to protect the Buyer's rights, if the Buyer is a legal entity and will request the return of the overpaid money for the corrected invoice directly to the shop, the amount due will only be paid to persons authorised to act on behalf of the legal entity in question, i.e. the statutory body or a person, who presents an officially certified power of attorney.

The contract withdrawal form can be downloaded here.

VIII. Payment conditions

The seller accepts the following payment terms:

1. cash payment of up to 5000 LEI for legal entities and up to 10000 LEI for natural persons at the pick-up point,
2. advance payment by bank transfer,
3. payment via payment terminal when goods are picked up at the pick-up point (by bank card),
4. payment via the banking platform (online by card),
5. cash payment on delivery, up to 5000 LEI for legal entities and up to 10000 LEI for individuals (cash is taken from the customer by the carrier),

The goods shall remain the property of the Seller until full payment and takeover, and the risk of damage to the goods shall pass to the Buyer upon takeover.

Buyer's billing information cannot be retroactively changed after an order has been placed.

1. Invoice

In addition to the goods, each package contains an accompanying notice. The accompanying document does not serve as a tax document. We deliver the tax invoice in electronic format within 14 days of receipt of payment. The invoice is attached in the email, informing you that payment for the goods has been received.

1. Delivery conditions

Personal takeover:

Goods may only be taken back by the Buyer. This person must be properly identified by showing a valid ID card or passport.

Delivery by courier - Romania:

Goods may be sent to the Buyer by courier services. Individual transport modes are offered according to the current availability of individual services and taking into account capacity and coverage area. In the event of force majeure or failure of the Sense4Fit computer system, Sense4Fit is not liable for late delivery of goods. The shipping price is based on the current price list on the day of the order.

The buyer is obliged to check with the carrier immediately the condition of the shipment (number of packages, integrity of the company logo tape, damage to the box) according to the enclosed delivery note. If damage to the shipment is found, the Buyer is obliged to draw up a report with the carrier's representative on the extent and nature of the damage. On the basis of this finding, the Buyer may subsequently refuse to take delivery of the delivered goods which are not in conformity with the contract of sale, refuse to take delivery of the defective goods or confirm delivery of the defective goods and subsequently lodge a complaint about the defects of the goods with the Seller. If the Buyer notices damage or other irregularities after receipt of the shipment, he is obliged to contact the Seller immediately. If he fails to do so, he will only be entitled to claim the defect if he can prove that the goods were already defective at the time they were taken over.

An incomplete or damaged shipment must be reported immediately by e-mail to shop@sense4fit.com, prepare the damage report with the carrier and send it without undue delay by e-mail or courier to the Seller. Subsequent claims for incomplete shipment or external damage to the shipment do not deprive the Buyer of the right to make a claim, but give the Seller the opportunity to demonstrate that there is no dispute regarding the sales contract.

1. Guarantee conditions

Warranty conditions for goods are governed by the Seller's Warranty and Return Policy and applicable law. The purchase document serves as a guarantee certificate.

XII. Final provisions

Under the Consumer Alternative Dispute Resolution Act, the consumer has the right to contact the Seller with a request for redress if they are dissatisfied with the Seller's handling of their complaint or if they believe the Seller has violated their rights.

The consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity if the Seller has rejected the request or has not responded to it within 30 days from the date of dispatch.

Link to the ADR (Alternative Dispute Resolution) platform through which the consumer Seller reserves the right to modify the General Terms and Conditions without prior notice.