General Terms & Conditions

GTC – General Terms and conditions

March 2023

Martiny´s Fitness – Yolanda Norma Martin
643a Nkuna Street, Ext 5
1852 Johannesburg, South Africa
Email: martinysfitness@gmail.com
Phone: +27 82 726 5044

The address of my website is https://martinys-fitness.com. Responsible for the content of this page is Yolanda Norma Martin. You can find more information about me on the About-Me page.

layout, text and design:
BUSSE Computer NOVOTECH South Africa (Pty) Ltd.
Tom Busse
https://westkap-suedafrika.de
Email: tom@westkap-suedafrika.de
Phone: +27 (72) 152 8570 | +49 (291) 321 9009

§1 Contractual partners and scope of application

  1. Contractual partner within the scope of the following terms and conditions is Yolanda Norma Martin (hereinafter referred to as “MARTINY’s FITNESS”) and the client (hereinafter referred to as “CLIENT”).  Further information about the communication data and the legal representation of MARTINY’s FITNESS can be found in the imprint.
  2. For all orders and contracts via this web site by end users and corporate CLIENTs, the following GTC apply. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his independent professional activity. An enterprise(r) is a natural or legal person or a legally responsible association, which acts with conclusion of a legal transaction in practice of its commercial or independent vocational activity. For enterprises, these General Terms and Conditions shall also apply to future business relations without having to refer to them again. If the enterprise uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if MARTINY’s FITNESS expressly agreed to them in writing. Contracts for services and products, which were concluded in person or by commissioned third parties on site or during a face-to-face consultation are expressly not affected by this.
  3. Contract language is English.

§2 Contract conclusion

  1. The presentation of products and services on this website does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products into the shopping cart of the booking site without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the booking and order process. By clicking the book now button (“Order” button) you place a binding order for the services or goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after we receive it. The confirmation of receipt does not yet constitute acceptance of the contract. MARTINY’s FITNESS is entitled to accept this offer within a period of seven calendar days by sending a making an appointment, shipping confirmation or sending the ordered goods. A service or sales contract is only concluded when MARTINY’s FITNESS ships the ordered product to you and confirms the appointment or shipment to you with a second email. After fruitless expiration of the deadline, the offer is considered rejected.
  2. Should the order confirmation or any other legally binding statement from MARTINY’s FITNESS contain typographical or printing errors or should the price determination be based on transmission errors, MARTINY’s FITNESS is entitled to contest the statement on the grounds of error. In this case, any payments received will be refunded immediately.
  3. The contract text is saved and send to you with the order data by e-mail. You can view and download the general terms and conditions at any time here on this website at https://martinys-fitness.com/gtc/.

§3 Terms of payment and reservation of right of withdrawals

  1. Payments are made either by prepayment (bank transfer in advance) or PayPal. For selected CLIENTS, there is the possibility of a purchase on account with a payment term or exchange for another product or service. A claim to this payment method does not exist. Not even if these have already been granted to the customer in the past.
  2. For special offers, such as promotion courses, B-goods products, used equipment or special offers, as well as orders by phone, the payment methods are limited.
  3. MARTINY’s FITNESS reserves the right, after the result of a credit check, to exclude certain payment methods, not to accept the customer’s purchase offer or to withdraw from the contract, if the receivent of the purchase price is at risk.
  4. The payment amount shown on the invoice must be paid in full to MARTINY’s FITNESS, regardless of the method of payment. Deductions of transaction fees and the like, which arise, for example, when payment is made through international banks, will not be accepted by MARTINY’s FITNESS.
  5. Trainings will start as soon as the money reflects on my account.
    IMPORTANT NOTE: All sessions need to be completed within 30 days after payment.
    .

§4 Cancellations and Refunds

  1. Should the CLIENT take few sessions off from training due to various reasons (holidays, personal time etc.) MARTINY’s FITNESS cannot guarantee that the time slot will be available upon the CLIENTS return. If the CLIENT wants to reserve the slot upon return, a retaining fee of 50% of the session price agreed upon, must be paid up front. This payment is done on a monthly basis for the period of absence.
    Ten CLIENT has to ensure to inform MARTINY’s FITNESS with adequate notice (30 days) of such leave. If, for any reason, MARTINY’s FITNESS needs to cancel an appointment, a complimentary session on a day and time suitable for both parties will be provided. It is the CLIENT’s responsibility to confirm his/her sessions with MARTINY’s FITNESS. Clients not confirming sessions and is a no show, the session is automatically cancelled.

  2. Should the CLIENT miss more than 6 (SIX) workout sessions in a month, the CLIENT can take 2 (TWO) make up sessions in a month. Make up sessions will not be rescheduled. MARTINY’s FITNESS requests a 6-hour cancellation notice. Failure to do so will result in the CLIENT being charged the full session rate. If the CLIENT is unable to continue a scheduled personal training sessions due to medical reasons, the CLIENT will be required to provide a letter from a doctor as an evidence restricting exercise; the sessions will then be frozen up to 30 days until the CLIENT is able to resume the missed sessions. Sessions cancelled due to long term health issues or travel will not be refunded.

§5 Tardiness

  1. Should a CLIENT be late for her/his session, there will be a reduction in the session length equal to the time the CLIENT was late. The CLIENT will be billed at the scheduled rate. If the CLIENT is more than 30 minutes late, the session may be cancelled and the CLIENT will be billed for the session.

§6 Disclaimer

  1. MARTINY’s FITNESS is not medically certified to prescribe treatment for any kind of injury, diseases or other medical condition. It is the CLIENTS responsibility to ensure that she/he is physically fit to exercise. If there are any doubts, the CLIENT should seek medical advice before embarking on a new training programme with MARTINY’s FITNESS.

    Prior to, or during the course of training, should an injury occur we may need to seek further input from a medical doctor, physiotherapist or other health professionals.

    MARTINY’s FITNESS are not qualified nutritionists, we may however, give tips on more healthy lifestyle. Please note that those advises do not come with additional cost.