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General Terms and Conditions

Agreement is in force: from 15.02.2020

1. Scope of Agreement

1.1. Present general terms and conditions (hereinafter: T&C) includes the conditions in which Justfit Technology Kft. (herenafter: Provider) gives access to the products and services available on the website www.emsfitness.store  to the User.

1.2. Contact information of the Provider is the following:

Name: Justfit Technology Kft

Headquarters: 14/A Levente st. Csomád, 2161

Email address: info@justfitart.com

Telephone: +36 70 666 9988

Company registration number: 13-09-196285

Registry court: Registry Court of Budapest Environs Regional Court

Tax number: 23271676-2-13

Public Tax ID number: HU23271676

Account holding financial institution:  Raiffeisen Bank Rt.

Bank Account number:

HUF:12010453-01568992-00100005

EUR: 12010453-01568992-00200002

1.3. Provider ensures the following services to User on the websites:

Registration on the websites

Signing up for promotion newsletters

Purchasing products offered on the websites

1.3. The price of the products indicated on the websites includes the VAT according to applicable legislation, but does not include the shipping costs. The amount signed upon delivery (based on the order summary) includes all expenses.

1.4. Provider uses an intermediary service provider for the following service:  Hosting Service. The contact information of the Hosting Service company is the following:

ShopRenter.hu Kft.

4028 Debrecen, Kassai út 129.

info@shoprenter.hu

1.5. Definition of terms:
General Terms and Conditions (hereinafter T&C): The document defining the conditions of the legal relationship between the User and the Provider regarding the services of the website, Which is defined by Provider unilaterally without the contribution of User and is not discussed individually by the parties (present document)

Contract: The document defining the contractual terms of the legal relationship between User and Provider, which consists of the following documents:

  • T&C (Present document)
  • The registration form of User
  • The email sent by Provider to the User, in which the data given upon registration, and the terms and conditions of agreement are confirmed
  • The reply email in accordance with point no.3 with the activating link which the User clicks on to access and accept present T&C
  • The Email the Provider sends to User in order to confirm the conclusion of the contract.

 

Regulation: 45/2014. (II. 26.) Government regulation on detailed rules between Consumer and Enterprise.

Intermediary Service Provider: Provider of one, or more of the following electronic commerce services, and Provider of information society services defined in the law on information society services (2001. (Ektv.) 2. § l) :

  • Simple data input and giving access to data
  • Caching
  • Hosting Service
  • Search Service
  • Application service

 

2. The procedure of placing an order

2.1. An order can be placed providing User is at the age of 18 or older at the moment of registration.

2.2. The contract is created online, electronically between the Parties.

2.3. After registration in order to create the contract the following technical steps are necessary:

User chooses the product to be ordered. The chosen item can be put in the cart by clicking on “add to cart” button. User can proceed to order by clicking on “check-out” where they can choose to purchase as an individual, or as a company.  After this  User can give their personal, or company data and the address of delivery on the check-out page. When User finished placing the order, they can send it by chosing Barion or PayPal payment system and clicking on the selected payment method to the Provider.

Pre-transfer can also be chosen by User:

Account owner: Justfit Technology Kft.

Account number: HU19 1201 0453 0156 8992 0020 0002

Bank: Raiffeisen Bank

After completing the order Provider confirms the data given upon registration, and – providing User has sent an order – the order in accordance with point one immediately, or within 48 hours at the latest.

2.4. When filling the registration form the system checks whether the format of the inserted data is appropriate, the mistakes are identified and the user will be warned to correct the mistake. User can abort the ordering procedure any time before sending the order.

2.5. The Order becomes valid when the order confirmation email is successfully sent to the email address given by the User. If the confirmation email does not appear in the mailbox of User within 48 hours after completing the order, User shall be exempt from the bidding obligation.

2.6. By entering into present contract User claims to know and accept the T&C and recognizes its content as mandatory.

2.7. Present registration and ordering procedure is considered an electronic contract. The electronic contracts are given an ID number and stored electronically. Provider ensures access to the contractual terms by sending an email which includes the terms and conditions according to the point 2.3 , furthermore present T&C is constantly available on the website of Provider.

2.8. The contract is created in Hungarian and English language.

 

3. Conditions of payment, available payment method, shipping, deadline of delivery

3.1 Conditions of payment

3.1.1. User pays the purchase price indicated on the website (hereinafter: purchase price) to Provider for purchasing the product.

3.1.2. User can pay the purchase price online by credit, or debit card through Barion or PayPal payment system. Provider shall send an electronic invoice containing the full purchase price via email within 30 minutes after payment .

3.2 Payment method

3.2.1. Online bank card payments are executed via the Barion system. The merchant does not get and store bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013. 

3.2.2. Online bank card payments can also be executed via the PayPal as payment service provider (hereinafter: Payment Service Provider). 

3.2.3. User irrevocably contributes to proceed the abovementioned payment. Payment Service Provider informs the User of successful payment through the same channels as in case of an ordinary credit, or debit card payment.

3.2.4. Pre-transfer can also be chosen by User:

Account owner: Justfit Technology Kft.

Account number: HU19 1201 0453 0156 8992 0020 0002

Bank: Raiffeisen Bank

Provider shall send an electronic invoice containing the full purchase price via email within 30 minutes after payment.

3.2.5. Provider shall not be obliged to pay for wrongly or unlawfully initiated payment transactions by User.

3.2.6. Payment is considered completed when the amount is credited to the account of Provider.

3.3. Shipping

Provider shall take care of delivering the products. Provider assigns UPS Magyarország Kft. (Headquarters: 154 Lőrinci st. Vecsés, 2220, Airport City, Logistic Park, building A. for shipping.

3.4. Delivery deadline

Products shall be delivered within 4 weeks after the purchase price is credited on the account of Provider.

 

4. Rights and obligations of contracting parties

4.1. Provider shall ensure an interface protected by login name and password, which guarantees that the User’s data can only be accessed with the login name chosen by the User and a password which can be changed at any times.

4.2. The person using login name and password jointly shall be considered authorized to make statements.

4.3. User is obliged to inform the Provider of any changes made in the personal data given upon registration and entering the contract within 5 days. Provider is not responsible for any damage caused by content inaccuracy, or failing to notify Provider of data changes.

4.4. Provider shall not oblige User to pay Deposit, or any other financial assurance.

4.5. Provider shall inform User that the behaviour codex in accordance with the law on prohibition of unfair trading against consumers is not available.

4.6. Provider has taken the necessary protecting measures to protect the data stored on the servers operated by Provider. Provider shall apply relevant encryption methods in order to protect personal data of the User. User’s personal data shall be transferred through secured channel between Provider and Provider’s Subcontractor for data processing.

4.7 The software serving the website is compatible with all standard browsers.

4.8. In order to make a complaint User can contact Provider via email or post using the following email address: support@justfitart.com, or postal address: Szentmihályi út 137. 1152 Budapest, Hungary, Europe.

The complaint shall contain the following information:

  • Name, Address, and email address of User
  • Exact name of the product concerned
  • Date and time of registration
  • Time of fault reporting
  • Description of fault
  • The customer’s claim to be enforced

4.9. Provider shall reply to the complaint in written form within 30 days after receiving it. Providing the complaint is not considered legitimate, Provider shall justify their position.

4.10. In case of a complaint User can turn to Conciliation Body. The competent Conciliation Body according to Provider’s headquarters is:

Budapesti Békéltető Testület (Budapest Conciliation Body)

Address: 99 Krisztina krt. Budapest 1016

Mailing address: Hungary 1253 Budapest, Pf.: 10.

Email address: bekelteto.testulet@bkik.hu

Fax: +36 1 488 2186

Telephone: +36 1 488 2131

4.11. If User chooses to make a complaint regarding the service received, they can use online dispute resolution by clicking on the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

 

5. Limitation of liability

5.1. User needs appropriate internet connection to use the website.

5.2. User is responsible for treating their login name and password confidentially. Furthermore User is responsible for any activities that happened using their login name and password, or other user access given by User. User shall inform Provider immediately of any illegal usage of their account, or other security breach.

5.3. User shall set a password of adecquate strength and modify it at appropriate intervals.

5.4. User shall take care of operating their own equipment free from viruses and other malicious softwares, and protecting it from unauthorized intruders (eg.: Firewall) Provider takes no liability for any damage occurring due to malicious programs on the client-side equipment.

5.5. Provider shall take no liability out of their scope, or damages caused by errors limitating usage of the Software.

Scope of Provider:

  • Central system of website
  • Online interface provided for the User

Especially out of Provider’s scope:

  • Degradation or errors caused by quality of internet and Local network, bandwidth, overload caused by other systems (eg. Network, software)
  • Power supply
  • Hardwer misfunction
  • Client side workstation, local network
  • Improper use
  • Misfunction of operating systems and other system softwares (eg.: Database)

These scopes define the delimination points for contractual performance between parties, or establishing liability for breach of contract

5.6. Upon delivering the product user will verify delivery by signing the order summary. User shall check the wrapping of the product upon delivery. Providing the product, or its wrapping is damaged, the quantity of delivered products does not comply with the order, the complaint should be recorded. Without the record subsecquent complaint shall not be accepted by the Provider.

5.7. By sending the order User acknowledges that placing and order entails payment obligation.

 

6. Cancellation of contract

6.1. According to the regulation, User can cancel the contract within 15 days after delivering the product without justification and send the product back to Provider.

6.2. User can exercise his right of cancellation by making a clear statement. Right of cancellation is only valid, if User sends their statement within the 15 days after delivery.

6.3. User shall pay the costs of returning the product. User acknowledges that the product shall not be sent back via post.

6.4. Provider is obliged to refund the purchasing price promptly, but no later than 30 days after making the statement, if User exercises their right of cancellation.

 

7.  Error reporting, Helpdesk service

7.1. User can report errors regarding the operation of service via email, or other electronic error reporting surface provided in Hungarian language (customer service email address: support@justfitart.com)

  • The error report must contain the following information:
  • Name of affected user
  • Time of detecting the error
  • Login name
  • Detailed description of the error

Provider performs troubleshooting on weekdays between 8:30AM-5:00PM. In case of an error report during working hours, Provider shall reply to the error report within 24 hours.

If the error report happens out of working hours, the deadline for reaction is 24 hours from 8:30 on the next working day. Provider shall give information on possible reasons of the error, and the expected time of starting and completing troubleshooting, or asks for further details in order to identify, reproduce and fix the error.

For safety and data protection reasons only clearly identified person can give information or accept error reporting.

7.2. User shall investigate in case of any problems occurring regarding the service whether the error is in the scope of the User, or the third party required for using the service. User shall only report an error after they get assurance that the error happened in the scope of the Provider.

7.3. Provider shall only accept liability for malfunctioning if User informs Provider of the error via email (using the email address indicated in point 7.3) or using the error reporting surface provided in details so that Provider can define the error clearly.

User shall acknowledge that for quality assurance reasons electronic error reporting and the emails sent regarding the error may be restored until the claim expires. The time of error reporting is when user reports the error in a clear and definable way.

7.4. It is not considered a delay, if Provider is not able to keep the deadline for reasons beyond their scope.

7.5. Provider continuously develops services of the website and commissions it in the time marked electronically. In case of an acute error, Provider can modify the system without prior notice and release an update.

 

8. Right of use

8.1. User acknowledges the fact that Provider enjoys complete copyright protection regarding the software of the webshop. After delivery Provider shall give access and right of use to User on the website. The right of use is limited and not exclusive. User can only use their access to their own purposes, they are not entitled to copyright or broader usage rights.

8.2. Trademarks, logos, graphics, photos, animations, videos and texts under copyright or industrial property constitute Provider’s intellectual property, Provider is entitled to use and permit each usage. User is entitled to share contents including these artworks, but is not allowed to use them in any other forms.

 

9. Implied warranty

9.1. User is entitled to enforce implied warranty claim against Provider in case of defective performance according to the Civil Code.

9.2. User can require repair or replacement, except for situations when it is impossible to fulfill the request chosen by the User, or it would mean disproportionate additional costs comparing to other options. If User did not, or was not entitled to require repair or replacement of the product, they can choose to be compensated proportionately, or have the product repaired, or repair it themselves at the Provider’s expense. In extremis User can decide to cancel the contract

9.3. User can change from their chosen implied warranty to another option. However in this case the expenses of this change are to be paid by the user, except from justifiable cases, or if the Provider gave rise to the change.

9.4. User is obliged to inform the Provider of the defect immediately, but no later than 2 months after detecting it. User cannot validate implied warranty rights after the two-year limitation period.

9.5. Within six months after performance request for implied warranty has no other condition than reporting defect, if User can prove that the product was provided by Provider. If the defect is reported more than six months after performance, User is obliged to prove that the detected fault existed at the time of performance.

9.6. User can claim warranty by sending a letter via post or via email to Provider. The written report shall contain the followings:

  • Name, address and email address of User
  • Name of the product covered by warranty claim
  • Time of registration
  • Time of reporting defect
  • Description of defect
  • Warranty claim to be enforced by User

 

10. Product Warranty

10.1. In case of a defect User can choose to enforce implied warranty or product warranty.

10.2. As a product warranty claim User can only request repairing or replacing the defected product.

10.3. A product is considered defected, if it does not comply with the quality requirements in force at the time of placing on the market, or if it does not have the features that are in the description of the manufacturer.

10.4. User can claim product warranty within two years after placing the product on the market. After this period User loses this eligibility.

10.5. Product warranty can only be claimed from the manufacturer or distributor of the product. In case of claiming product warranty User has to prove the defect of the product.

10.6. Manufacturer (distributor) shall only be exempt from liability of product warranty, if they can prove that: the product was not manufactured and distributed within their business activity, and the defect could not be recognized according to the current state of science and technology, or the defect of the product was caused by applying an official regulation.

10.7. To be exempt from liability manufacturer (distributor) shall prove one of the abovementioned reasons.

10.8. User cannot enforce to claim implied warranty and product warranty in the same time for the same defect. However after successfully validating their product warranty claim and having the product repaired or replaced User can claim implied warranty for the repaired or replaced product against the Manufacturer.

 

11. Guarantee

11.1. Provider shall take one year guarantee for electronic equipment and six months for any other product.

11.2. User can require repair or replacement, except for situations when it is impossible to fulfill the request chosen by the User, or it would mean disproportionate additional costs comparing to other options. If User did not, or was not entitled to require repair or replacement of the product, they can choose to be compensated proportionately, or have the product repaired, or repair it themselves at the Provider’s expense. In extremis User can decide to cancel the contract

11.3. User can change from their chosen implied warranty to another option. However in this case the expenses of this change are to be paid by the user, except from justifiable cases, or if the Provider gave rise to the change.

11.4. guarantee claim can be inforced within the guarantee period. If Provider does not fulfill their obligation upon the User’s request within appropriate deadline, the guarantee claim can be enforced in court even if the guarantee period has expired. Failing to comply with this deadline will result in forfeiture.

11.5. Provider can only be exempt of the guarantee obligation if they prove that the cause of defect was generated after performance.

11.6. User shall not enforce implied warranty and guarantee claim in the same time for the same product. However User is entitled to the rights rising from guarantee independently from implied warranty or product warranty authorizations.

 

12. Data management, Data protection

12.1. Provider shall inform User of the followings:

12.1.1. Regarding the User’s personal data stored in emsfitness.store user database Justfit Technology Kft. (14/A Levente st. Csomád, 2161) is considered data manager, and Barion and PayPal payment system is considered data processor.

12.1.2. Regarding the credit/debit card information given while using Barion and PayPal payment service the bank is considered data manager. Provider does not deal with the User’s credit/debit card information.

12.2. When initiating a payment User declares that they acknowledge that the personal data stored in justfitart.com database by Justfit Technology Kft (Headquarters: 14/A Levente st. Csomád, 2161 ) are forwarded to Barion payment service or PayPal as data processor. The data manager forwards the following data:

  • Name
  • Shipping address
  • Telephone number
  • Email address

 

The nature and purpose of data processing activity can be viewed on the following link:

https://www.paypal.com/hu/webapps/mpp/ua/privacy-full

or

https://www.barion.com/en/privacy-notice/

in accordance with chosen payment method.

12.3. Provider treats the data given upon registration, signing up for promotional newsletter , and uploaded, saved or generated after the registration confidentially, ensures their safety. Provider forwards personal data to third party only under the conditions set in Provider’s data protection statement. Provider shall acts with utmost care when restoring and managing data. For this Provider uses hardware and software technologies with high operational and data security, checks their regarding features frequently and updates or replaces them if necessary.

12.4. Provider shall not take liability for damages, or missed profit caused by unforeseen partial or complete loss of data, providing it happened due to unpredictable, event, which is beyond the control of Provider. (Vis maior)

12.5. Provider shall restore the personal data given by User (data-sheet, questionnaire, database, settings until the termination of contract, or delete initiated by User, except when the regulations oblige Provider to restore personal data, in which case Provider shall restore data during the time period set by the regulations. 

12.6. Providers employees, subcontractors and agents are obliged to act in accordance with the same data protection and obligation of confidentiality as the Provider.

12.7. To ensure data protection the computer systems handling personal data can only be operated by persons with appropriate access permissions. Appropriate access permission means that the access each person gets is limited to the extent that is indispensable for their work. Besides only employees who manage or process data can get access. Provider shall review access permissions and their use frequently.

12.8. By accepting present T&C User contributes that Provider shall deal with their personal data in accordance with the terms set in the Data Protection statement. 

 

13. Final provisions

13.1. The working days mentioned in the contract mean official workdays published by the Hungarian Republic according to Central European Time (CET)

13.2 Each dispute arising from this contract, executing it, breaching it, terminating it, or regarding its validity or interpretation shall be settled in a peaceful way. Parties may only turn to court if they failed to settle the dispute in a peaceful manner. Hungarian courts are authorized to act in case of disputes arising from present contract.

13.3. Regarding questions not regulated by present T&C shall be decided by the provisions of statue no. V. 2013 (Hungarian civil code)