GENERAL TERMS AND CONDITIONS
We would like to inform you that you, as a buyer (consumer), by using the website available at http://my.fitnexx.hu or http://www.fitnexx.hu, declare that you know and accept the following, the Civil Code. (Act V of 2013) 6: 77-6: 81.
If you wish to be a customer or an active user of the possibilities offered by http://my.fitnexx.hu or http://www.fitnexx.hu, please read our General Terms and Conditions carefully and use them only in that case. our services, if you agree with all its points and consider them binding on you.
The contract concluded on the basis of this document will not be registered, it will not be considered a written contract, it will be concluded exclusively electronically, it will be written in Hungarian, it will not refer to a code of conduct. In case of any questions that may arise in connection with the operation of the website, the ordering or subscription process, we are at your disposal at the given contact details.
The scope of these GTC covers the legal relations on the Service Provider's website (http://my.fitnexx.hu, http://www.fitnexx.hu) and its subdomains. These GTC are always available on the following website: http://my.fitnexx.hu and can be downloaded and printed there.
Service Provider: A natural or legal person or organization providing a service related to the information society, who provides a service to the User, who enters into a contract with the User.
User: Any natural or legal person or organization that uses the services of the Service Provider enters into a contract with the Service Provider.
Business User: Any person who is acting in the course of his or her profession, self-employment or business.
Consumer: A User who is a natural person acting outside his or her profession, self-employment or business.
Service: Providing the User with the information and access necessary for the purchase and use of the services placed on behalf of or by the Service Provider through the website.
1. SERVICE PROVIDER:
Company name: Sportmedicina Szolgáltató Korlátolt Felelősségű Társaság
Headquarters: 7623 Pécs, Jászai Mari u. 2-4.
Electrokius contact: firstname.lastname@example.org
Company registration number: 02 09 084421
Tax number: 26748560102
Name of the authority registering in the register: Baranya County Registry Court
Phone number: +36 20 539 00 00
Language of the contract: Hungarian
The operator is hereinafter referred to as the service provider in these general terms and conditions.
2. CONTACT DETAILS OF THE STORAGE SERVICE PROVIDER
Company name: DotRoll Kft.
Headquarters: 1148 Budapest, Fogarasi út 3-5.
Company registration number: 01 09 882068
Tax number: 13962982242
Name of the representative: Zsolt György Komáromi Position: Data Protection Officer
Postal address: 1148 Budapest, Fogarasi út 3-5.
Email address: email@example.com
Phone number: + 36-1-432-3232
Data Management Policy of the hosting provider: https://dotroll.com/wp-content/uploads/2020/01/adatkezelesi-szabalyzat.pdf
2. BASIC PROVISIONS
2.1. Issues not regulated in this document, as well as the interpretation of these Regulations, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code (“Civil Code”) and Act 2001 on Certain Issues of Electronic Commerce Services and Information Society Services. CVIII of the year. (Elker. Act) and Act No. 45/2014 Coll. On the detailed rules of contracts between consumers and businesses. (II. 26.) Government Decree. The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.
2.2. This document is effective as of March 19, 2020, and will remain in effect until revoked. The Service Provider is entitled to unilaterally amend the Regulations (circumstances giving rise to the amendment: change in legislation, business interest, changes related to the company). The Service Provider publishes the changes on the website, and informs the previously purchasing and / or registered Users about the change by e-mail - on the basis of which the User is entitled to withdraw from the contract or terminate it. The changes do not affect previously concluded contracts, so the amendment does not have retroactive effect.
2.3. The Service Provider reserves all rights with regard to the website, all its details and the displayed content, as well as the distribution of the website. Downloading, electronically storing, processing and selling the content on the website or any part thereof without the written consent of the Service Provider is strictly prohibited.
2.4. It is the User's responsibility to provide the Internet connection and the necessary tools to access and operate the service.
2.5. Users are solely responsible for all activities that occur under their account. Users are obliged to fully inform the Service Provider about any unauthorized use of their account or other acts endangering security. The Service Provider shall not be liable for any damage resulting from the unauthorized use of passwords or accounts, with or without the knowledge of the Users. However, the User is liable for damages caused to the Service Provider or other third parties by unauthorized use of his own password or account.
3. RANGE OF SERVICES AVAILABLE FOR PURCHASE
10 suitable (2 months) subscriptions for pre-recorded and occasionally “live” fitness training for sports training videos
30-day (monthly) subscription to pre-recorded fitness training, sports training videos
1 suitable (daily) subscription for pre-recorded and occasionally “live” fitness workout training videos
3.1. The services on the website can be ordered online. The prices for the services are in HUF and include VAT.
3.2. The Service Provider fully informs the Users about the introduction of a possible special price about the details of the promotion and its exact duration.
3.3. On the website, the Service Provider displays the content of the service and its name in detail.
3.4. If, despite all the efforts of the Service Provider, an incorrect price is displayed on the website, especially with regard to obvious errors, e.g. for a price of “0” HUF or “1” HUF that is significantly different from the generally accepted price of the service, possibly due to a system error, the Service Provider is not obliged to offer the service at the wrong price, but may initiate sales at the correct price. Customer may revoke his decision regarding his intention to purchase.
3.5. In the event of an incorrect amount or price, there is a striking disproportion between the actual and the indicated price of the service, which an average consumer needs to perceive immediately. Pursuant to Act V of 2013 on the Civil Code (Civil Code), the contract is concluded by mutual and unanimous expression of the will of the parties. If the parties are unable to reach a decision on the terms of the contract, ie there is no statement presenting the arguments of the parties in a coherent and reciprocal manner, we cannot speak of a valid and actual contract where rights and obligations may arise.
The images shown on the services data sheet may differ from the actual ones, in some cases only as illustrations.
Participating in fitness workouts allows everyone to perform the sports concepts displayed in the videos at their own risk, depending on their own health and fitness.
Certain tasks can be performed with special attention and caution in a pregnant state, in case of a health problem or illness.
In case of an existing health problem or pregnancy, the opinion of the doctor is decisive in all cases.
The consumer expressly acknowledges that the download and sharing of all content videos and other audio and video materials available on the website http://my.fitnexx.hu and http://www.fitnexx.hu is prohibited!
4. REGISTRATION, PURCHASE
4.1. The user is obliged to provide and use his own real data during registration / purchase. In case of unrealistic or personal data provided during registration / purchase, the resulting electronic contract will not be used. The Service Provider shall not be liable if it possibly uses its services in another name, with the name or data of another person.
4.2. The Service Provider shall not be liable for any delay or other problems that can be traced back to the data provided incorrectly and / or inaccurately by the User.
4.3. The Service Provider shall not be liable for any problems arising from the fact that the User does not remember his / her password or it becomes accessible to unauthorized persons due to any error not attributable to the Service Provider.
5. ORDERING PROCESS
5.1. After registration, the User logs in and then, by clicking on the selected service, chooses to press the “OK” button. If the user may not have a ticket for the service, you can enter the required information and purchase the service in the “My Tickets / Purchase” interface.
5.2. Method of payment: Online by credit card: The User has the opportunity to pay the amount of the order online by credit card using the secure payment system of the financial service provider used by the Service Provider.
In case of payment by bank card, it is possible for the holders of the following valid and effective bank cards: maestro, mastercard, Visa, through the payment system operated by Barion Payment Zrt., To which the Foundation does not have access.
Barion Payment Zrt. Handles the personal data provided during the payment in accordance with the regulations in force.
More information https://www.barion.com/hu/
5.3. Payment will be made according to the desired date, after the successful payment signal.
5.4. If there is an error on the website regarding payment services or prices, we reserve the right to correct the error. In such a case, following the identification or correction of the error, we will immediately inform the customer of the new data. The User may then confirm the order once more or withdraw from the contract.
5.5. The invoice is sent electronically by the Service Provider.
5.6. With the order, the User acknowledges that his payment obligation arises.
5.7. Correcting data entry errors: The User can always go back to the previous section where he can correct the entered data before closing the registration.
6. SPECIAL PROVISIONS FOR USERS
6.1. The User acknowledges and declares that he / she participates in the training at his / her own risk.
6.2. If the User is aware of an illness that may make it dangerous to participate in the training, please do not decide to participate!
6.3. There is no possibility to cancel the season ticket or refund the deposit.
7. RIGHT OF WITHDRAWAL / TERMINATION
7.1. Directive 2011/83 / EU of the European Parliament and of the Council and Regulation 45/2014 on the detailed rules for consumer-business contracts. (II.26.) Of the Government of the Republic of Hungary, the consumer may not exercise the right of withdrawal with regard to digital data content provided on intangible data carriers (eg electronically provided training, provision of a training surface) if the business has started with the consumer's express prior consent performance and the consumer has given his consent at the same time as acknowledging that he will lose his right of withdrawal once the performance has commenced.
7.2. 45/2014 on the detailed rules of contracts between a consumer and a business. (II.26.) Government Decree is available here.
7.3. Directive 2011/83 / EU of the European Parliament and of the Council is available here.
8.1. If the service does not meet the quality requirements set out in the contract or legislation at the time of the given performance, the debtor will perform incorrectly. If the rightholder was aware of the error at the time of concluding the contract, or should have been aware of the error at the time of concluding the contract, the debtor will not perform incorrectly.
8.2. A clause in a contract between a consumer and a business which derogates from the provisions of this Chapter relating to the warranty and guarantee of supplies to the detriment of the consumer shall be void.
8.3. Multiple warranty rights only apply to Users who qualify as consumers under the Civil Code.
9.1. The User may enforce his or her warranty claim against the Service Provider.
9.2. In the event of faulty performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
9.3. The User may request a replacement or repair, unless it is not possible to meet the demand chosen by the User or it would entail a disproportionately higher cost for the business compared to the fulfillment of another demand.
9.4. If the replacement or repair has not been requested or may not have been requested, the User may request a proportionate reduction of the costs of the consideration or the fault may be repaired or repaired by the User at the company's expense or, in the end, the contract may be withdrawn. You may transfer from your chosen supply warranty right to another, however, the cost of the transfer shall be borne by the User, unless it was justified or given by the company.
9.5. The User is obliged to inform the service provider about the error immediately and fully after noticing it, but not later than within two months from the discovery of the error. However, we would like to draw your attention to the fact that you will no longer be able to exercise your warranty rights beyond the limitation period of two years (1 year in the case of a company) from the performance of the contract.
9.6. Within six months of the performance, there are no conditions other than the notification of the error to enforce your warranty claim if the User proves that the service was provided by the company operating the website. However, after the expiration of six months from the performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.
10. PROCEDURE FOR SUPPLY WARRANTY
10.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the Regulation to the detriment of the consumer.
10.2. It is the consumer's responsibility to prove the conclusion of the contract with an invoice or receipt.
10.3. The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider (Section 6: 166 of the Civil Code).
10.4. The Service Provider is obliged to keep a record of the consumer's warranty or guarantee claim notified to him.
10.5. A copy of the report shall be made available to the consumer without delay and in a verifiable manner.
10.6. If the Service Provider is unable to declare the fulfillment of the consumer's warranty or guarantee claim at the time of its notification, it must notify the consumer of its position, the reason for the rejection and the possibility to turn to the conciliation body within five working days.
10.7. The Service Provider is obliged to keep the report for three years from the date of its collection and to present it at the request of the audit authority.
10.8. The Service Provider shall endeavor to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the consumer about the expected duration of the repair or replacement. The information shall be provided with the consumer's prior consent, by electronic means or by any other means suitable for the consumer's receipt.
11. MISCELLANEOUS PROVISIONS
11.1. The Service Provider is entitled to use a contributor to fulfill its obligations. He bears full responsibility for his unlawful conduct, as if he had committed the unlawful conduct himself.
11.2. If any part of these Rules becomes invalid, unlawful or unenforceable, it will not affect the validity, legality and enforceability of the remaining parts.
11.3. The Service Provider and the User try to settle their disputes amicably.
11.4. The parties state that the Service Provider's website operates in Hungary and is also maintained here. As the site can also be visited from other countries, the users expressly acknowledge that the applicable law in relation to the user and the Service Provider is Hungarian law. If the user is a consumer, then Pp. Pursuant to Section 26 (1), the court of the defendant's (consumer's) domicile shall have exclusive jurisdiction over the consumer in disputes arising from this contract.
11.5. If the Service Provider does not exercise its right under the Regulations, the failure to exercise the right shall not be considered a waiver of the given right. A waiver of any right is only valid if expressly stated in writing. The fact that the Service Provider does not strictly adhere to any of the essential conditions or stipulations of the Regulations does not mean that it waives its strict adherence to the given condition or stipulation at a later date.
11.6. The Service Provider shall not apply different conditions to the payment transaction for the reasons related to the User's citizenship, residence or place of establishment, place of payment account, place of establishment of the payment service provider or place of issue of the cash substitute payment instrument within the Union. .
11.7. The Service Provider does not apply different general access conditions for access to the services on the website for reasons related to the User's citizenship, residence or place of establishment.
11.8. The service provider shall comply with the measures against unjustified territorial content restrictions and other forms of discrimination based on the nationality, place of residence or place of establishment of the buyer within the internal market, as well as Regulations (EC) No 2006/2004 and (EU) 2017/2394 and 2009/22. / EC REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
12. COMPLAINT HANDLING PROCEDURE
12.1. The goal of our facility is to fulfill all orders / subscriptions in the right quality, with the complete satisfaction of the customer. If the User still has a complaint regarding the contract or its performance, he / she may submit his / her complaint to the above telephone, e-mail address or by letter.
12.2. The Service Provider will immediately investigate the verbal complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes of the complaint and its position and provide a copy to the customer.
12.3. You will respond to the Service in writing within 30 days. It shall state the reasons for rejecting the complaint. The Service Provider shall keep the record of the complaint and a copy of the response for five years and present it to the inspection authorities upon request.
12.4. Please note that if your complaint is rejected, you may initiate an official or conciliation procedure with your complaint, as follows:
12.5. The Consumer may file a complaint with the consumer protection authority: Fgytv. 45 / A. § (1) - (3) and 387/2016 on the designation of the consumer protection authority. (XII. 2.), the government office acts as a general consumer protection authority: http://www.kormanyhivatal.hu/hu/elerhetosegek
In the event of a complaint from the Consumer, he has the opportunity to contact a conciliation body, the contact details of which can be found here:
Bács-Kiskun County Conciliation Board: Address: 6000 Kecskemét, Árpád krt. 4., Telephone number: (76) 501-525, (76) 501-500, Fax number: (76) 501-538, Name: Mátyus Mariann, E-mail address: firstname.lastname@example.org;
Baranya County Conciliation Board: Address: 7625 Pécs, Majorossy Imre u. 36., Mailing address: 7602 Pécs, Pf. 109., Telephone number: (72) 507-154, Fax number: (72) 507-152, Name: Dr. József Bodnár, E-mail address: email@example.com ;
Békés County Conciliation Board: Address: 5601 Békéscsaba, Penza ltp. 5., Telephone number: (66) 324-976, 446-354, 451-775, Fax number: (66) 324-976, Name: Dr. László Bagdi, E-mail address: firstname.lastname@example.org;
Borsod-Abaúj-Zemplén County Conciliation Board: Address: 3525 Miskolc, Szentpáli u. 1., Telephone number: (46) 501-091, 501-870, Fax number: (46) 501-099, Name: Dr. Péter Tulipán, E-mail address: email@example.com;
Budapest Conciliation Board: Address: 1016 Budapest, Krisztina krt. 99., Telephone number: (1) 488-2131, Fax number: (1) 488-2186, Name: Dr. György Baranovszky, E-mail address: firstname.lastname@example.org;
Csongrád County Conciliation Board: Address: 6721 Szeged, Párizsi krt. 8-12., Telephone number: (62) 554-250 / 118 extension, Fax number: (62) 426-149, Name: László Dékány, Zoltán Jerney, E-mail address: email@example.com;
Fejér County Conciliation Board: Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Telephone number: (22) 510-310
Győr-Moson-Sopron County Conciliation Board: Address: 9021 Győr, Szent István út 10 / a., Telephone number: (96) 520-202; 520-217, Fax number: (96) 520-218, Name: László Horváth, E-mail address: firstname.lastname@example.org;
Hajdú-Bihar County Conciliation Board: Address: 4025 Debrecen, Petőfi tér 10., Telephone number: (52) 500-749, Fax number: (52) 500-720, Name: Dr. Zsolt Hajnal, E-mail address: email@example.com;
Heves County Conciliation Board: Address: 3300 Eger, Faiskola út 15., Mailing address: 3301 Eger, Pf. 440., Telephone number: (36) 416-660 / 105 extension, Fax number: (36) 323-615, Name: Pintérné Dobó Tünde, E -mail address: firstname.lastname@example.org;
Jász-Nagykun-Szolnok County Conciliation Board: Address: 5000 Szolnok, Verseghy park 8., Telephone number: (56) 510-610, Fax number: (56) 370-005, Name: Dr. Lajkóné dr. Judit Vígh, E-mail address: email@example.com;
Komárom-Esztergom County Conciliation Board: Address: 2800 Tatabánya, Fő tér 36., Telephone number: (34) 513-010, Fax number: (34) 316-259, Name: Dr. György Rozsnyói, E-mail address: firstname.lastname@example.org;
Nógrád County Conciliation Board: Address: 3100 Salgótarján, Alkotmány út 9 / a, Telephone number: (32) 520-860, Fax number: (32) 520-862, Name: Dr. Pongó Erik, E-mail address: email@example.com ;
Pest County Conciliation Board: Address: 1119 Budapest, Etele út 59-61. 2. em. 240., Telephone number: (1) -269-0703, Fax number: (1) -269-0703, Name: dr. Károly Csanádi, E-mail address: firstname.lastname@example.org, Website address: www.panaszrendezes.hu
Somogy County Conciliation Board: Address: 7400 Kaposvár, Anna utca 6., Telephone number: (82) 501-000, Fax number: (82) 501-046, Name: Dr. Ferenc Novák, E-mail address: email@example.com;
Szabolcs-Szatmár-Bereg County Conciliation Board: Address: 4400 Nyíregyháza, Széchenyi u. 2., Telephone number: (42) 311-544, (42) 420-180, Fax number: (42) 311-750, Name: Görömbeiné dr. Katalin Balmaz, E-mail address: firstname.lastname@example.org;
Tolna County Conciliation Board: Address: 7100 Szekszárd, Arany J. u. 23-25., Telephone number: (74) 411-661, Fax number: (74) 411-456, Name: Tibor Mátyás, E-mail address: email@example.com;
Vas County Conciliation Board: Address: 9700 Szombathely, Honvéd tér 2., Telephone number: (94) 312-356, Fax number: (94) 316-936, Name: Dr. Zoltán Kövesdi, E-mail address: firstname.lastname@example.org
Veszprém County Conciliation Board: Address: 8200 Veszprém, Budapest u. 3., Telephone number: (88) 429-008, Fax number: (88) 412-150, Name: Dr. László Óvári, E-mail address: email@example.com
Zala County Conciliation Board: Address: 8900 Zalaegerszeg, Petőfi utca 24., Telephone number: (92) 550-513, Fax number: (92) 550-525, Name: dr. Csaba Koczka, E-mail address: firstname.lastname@example.org
12.7. The Conciliation Body is responsible for resolving consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute, if this is not feasible, to decide on the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body shall advise on the rights and obligations of the consumer.
12.8. In the case of a cross-border consumer dispute related to an online sales or online service contract, only the conciliation body operating under the auspices of the Budapest Chamber of Commerce and Industry has jurisdiction.
12.9. In the event of a consumer complaint, you can use the EU online dispute resolution platform. Using the platform requires a simple registration in the European Commission's system by clicking here. After registration, the consumer can submit his complaint via the online website at: http://ec.europa.eu/odr
12.10. The Service Provider is obliged to cooperate in the conciliation board proceedings. In this context, it shall send its reply to the conciliation body and ensure the participation of the person authorized to reach an agreement at the hearing. If the registered office or premises of the company are not registered in the county of the chamber operating the territorially competent conciliation body, the obligation of the company to cooperate includes offering the possibility of concluding a written agreement according to the needs of the consumer.
13.1. Since http://www.fitnexx.hu and http://my.fitnexx.hu, as a website, are considered copyrighted works, it is prohibited to download the content appearing on the website or any part of it, to re-transmit it to the public, to use it in any other way. use, electronic storage, processing and sale without the written consent of the Service Provider. However, the User may download the GTC without any conditions or restrictions, and store them in any form.
13.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them and the Internet advertising space.
13.4. Adaptation or decryption of the content or parts of the website http://www.fitnexx.hu and the website http://my.fitnexx.hu is prohibited; unfair use of user IDs and passwords; use any application that allows you to modify or index the websites or any part of them.
13.5. The name fitnexx.hu and the name my.fitnexx.hu are protected by copyright, their use is possible only with the written consent of the Service Provider, except for the reference.
13.6. The User acknowledges that in case of use without a license, the Service Provider is entitled to a penalty. The amount of the penalty is HUF 60,000 gross per image and HUF 20,000 gross per word. The user acknowledges that this penalty clause is not excessive and browses the site aware of this. In the event of a copyright infringement, the Service Provider uses a notarized fact certificate, the amount of which is also passed on to the infringing user.
14. DATA PROTECTION
The data management information of the website is available on the following page: (the data protection policy related to the use of the service is available on the following page: http://www.fitnexx.hu/adatkezelesi-tajekoztato/
15. OTHER PROVISIONS
In matters not regulated in these general terms and conditions, the Civil Code (Act V of 2013), Decree 45/2014 on distance contracts concluded in the case of consumer contracts. the provisions of a government decree shall prevail.
Pécs, March 25, 2021