Terms and Conditions and Privacy Policy

GENERAL TERMS AND CONDITIONS

 

This document contains the general terms and conditions (hereinafter: ‘GTC’) regarding the customers of tickets and services sold via the https://gymprove.online website (hereinafter: ’User’) operated by Gymprove Limited Liability Company as the service provider (hereinafter: ’Service Provider’).

The GTC contains the conditions for the order of the service (hereinafter: ’Service’) and the Products (hereinafter: ‘Products’) available on the https://gymprove.online website (hereinafter: ’Website’) by the User.

These GTC apply to all the Service Provider’s services and products available to the User on the Website and are valid.

The technical information required for the use of the Website, which is not included in these GTC, is provided by other information available on the Website.

The language of the contract is Hungarian. 

The contract is not qualified as a written contract, they are not registered by the Service Provider, so it cannot be accessed and not viewed afterwards.

The Service Provider is not subject to the provisions of any code of conduct.

By using the Website and using the Service, the User acknowledges and accepts the following:

• THE SERVICE PROVIDER

Name: Gymprove Ltd.

Seat: Hungary 1086 Budapest, Bauer Sándor utca 3-5, 2. floor 10.

European Registration number: HUOCCSZ.01-09-408078

European Tax number: HU32128174

Account holding financial institution: Unicredit Bank Hungary

Account number: HU60-10918001-00000120-37670013

E‐mail: info@gymprove.online

 

Hosting provider details: 

Name: WordPress Hosting

Website: WordPress.org

 

• DEFINITIONS

User: A natural person who take an order for the Service.

Consumer: A natural person acting outside the scope of his/her profession, self-employment or business.

• Using the Website

1. 1. 1. The User may use the Website by voluntarily starting to use the Website and thereby concluding a contract for the use of the Service electronically. There is no need to pre-registration to use the Website – exclude to buy video trainings, that need the registration – . 

• Buying Products

The purchase is not subject to registration. 

1. Selecting the Products

By clicking on the product categories on the Website, you can select the desired product family and the individual Product within it. By clicking on each product, you will find the photo, item number, description, and price of the Product. Upon purchase, you must pay the price indicated on the website.

1. Adding Products to the cart

After selecting the Product, you may place items, in the desired quantity, in your cart by clicking on the “Add to cart” button, without the obligation to purchase or pay, as adding Products to the cart does not qualify as an offer.

We recommend that you place the Products in the cart even if you are not sure whether you want to buy the particular Products or not, because this will give you an overview of the items you selected at the given moment and you may display and compare them on your screen by a single click. The content of the cart can be modified freely until the order is finalized – until clicking on the “Submit order” button –, that is, you may remove items from or place additional items into the cart at will, or you may modify the quantity of the items.

If you do not wish to select any more items, please klick on the “Go to cart” button. 

1. Viewing the cart

During the use of the Website, you can check the content of your cart at any time by clicking on the “Your cart” button at the top of the page. This gives you the opportunity to remove items from your cart or change the desired quantity. After clicking on the “Update cart” button, the system displays the information corresponding to the data you have changed, including the price of the Products added to your cart. 

If you do not wish to select any more items, you can carry on with your purchase by clicking on the “Proceed to checkout” button.

1. Providing customer data

After clicking on the “Proceed to checkout” button, the content of the cart will be displayed, as well as the full purchase price to be paid in the case you purchase the selected Products. 

You can enter your email address in the “User details” text box, and your full name, address, and phone number in the “Billing details” text box. In the “Delivery details” text box, the system will automatically store the data provided in the “Billing details” box. If you request delivery to a different address, please un-tick the appropriate box. You can enter further details in the “Notes” text box.

If you want to buy video training, you must register on the Website during the purchase process.

After the first successful Purchase Transaction, the personal registration account can be accessed through the Website. At the time of the first login, the User is obliged to set his/her own password for the account, which he/she chooses without the participation of the Service Provider. The Service Provider expressly recommends that the User regularly change his/her password and do not pass it on to anyone or store it in a place accessible to others. The Service Provider’s system sends an automatic confirmation of the password change by e-mail. If the User forget or lose his/her password, he/she can set a new password within the Service by requesting a new password.

The User can change the personal data provided during registration through his/her personal registration account (Profile menu).

 

1. Finalizing the order (making an offer)

If you have made sure that your cart contains the Products you wish to purchase and that your data have been entered correctly, you may finalize your order by clicking on the „ Place order” button. Information entered on the Website do not qualify as an offer made by the Service Provider to conclude a contract. In the case of the orders under this GTC, you qualify as an offeror. 

By clicking on the „ Place order” button, you expressly acknowledge that your offer is to be considered made, and your statement, provided that it is confirmed by the Service Provider in accordance with this GTC, entails a payment obligation. You will be bound by your offer for a period of 48 hours. If your offer is not confirmed by the Service Provider in accordance with this GTC within 48 hours, the binding period of your offer will expire. 

1. Processing the order, conclusion of the contract

Orders are processed in two steps. You can place your order at any time. You will first receive an automatic confirmation of the order, which only records the fact that your order has been received via the Website, but this confirmation does not qualify as an acceptance of your offer. If you notice that your details (e.g., name, delivery address, phone number, etc.) are incorrectly indicated in the automatic confirmation email, then you have an obligation to notify us of this fact, along with providing the correct data, by email without delay. If you do not receive an automatic confirmation email within 24 hours of placing your order, please contact us, as it is possible that your order was not received by our system due to technical reasons.

After sending your offer, the Service Provider will confirm your offer in a second email. The contract will be concluded at the time when this confirmation email sent by the Service Provider becomes available to you in your email system (second confirmation).

• Order the Services

1. 1. Selecting the Products

The User can see the details of the services (for example: the content of the service and the price) through the “Services” menu.

1. Providing customer data

There are two ways to finalize your order depend on the type of service. 

• Purchase directly: You can add some types of service directly to the cart. 
• Request form: Some types of service have just request form where you can sign to Service Provider the interest in the service. 

1. Finalizing the order (making an offer)

The direct purchase ordering process is the same as you can buy a Product. 

If you use a Request form, you must use “Send to us a request” button. After that you can fill the Request form and you can send us the request with the ‘Send request’ bottom.

1. Processing the order, conclusion of the contract

Orders are processed in two steps. You can place your order at any time. You will first receive an automatic confirmation of the order, which only records the fact that your order has been received via the Website, but this confirmation does not qualify as an acceptance of your offer. If you notice that your details (e.g., name, delivery address, phone number, etc.) are incorrectly indicated in the automatic confirmation email, then you have an obligation to notify us of this fact, along with providing the correct data, by email without delay. If you do not receive an automatic confirmation email within 24 hours of placing your order, please contact us, as it is possible that your order was not received by our system due to technical reasons.

After sending your offer, the Service Provider will confirm your offer in a second email. The contract will be concluded at the time when this confirmation email sent by the Service Provider becomes available to you in your email system (second confirmation).

• DESCRIPTION OF SERVICES

Service provider is one of the organizers of the 2022 European Men’s Handball Championship. 

On the Website the Service Provider allows the purchase:

• of tickets for the European Championship matches in Hungary, as well as the purchase
• of services and products available to the User in Hungary through the purchase of Coupon. 

The coupon entitles the User to use the service specified in the coupon from the Partner within the time limits indicated in the coupon.

• COMMON RULES

The contract shall be deemed to be concluded by electronic means, for which Act V of 2013 on the Civil Code and the Act CVIII of 2001 on certain issues of electronic commerce activities and information society services provisions shall prevail. The contract, if concluded with a Consumer, is subject to Government Decree No. 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses.

The material condition for using the Service is that the User shall have an Internet access and a working e-mail.

The User can correct the entered data. If the data has been entered incorrectly and the registration despite of this has been finalized, the data can be modified by sending an electronic message to the Service Provider.

The User is entitled to cancel his registration at any time by sending a message to the e-mail address of the Service Provider. After received the message, the Service Provider shall ensure the cancellation of the registration. 

The User undertakes to change the data provided during registration within a maximum of eight (8) days from the date of their occurrence, in order to make them timely, complete and realistic.

The Service Provider shall not be liable for any problems or errors that can be traced back to the data provided by the User incorrectly and/or inaccurately.

• LIABILITY FOR THE PERFORMANCE OF THE SERVICE

The Service Provider perform the Service with the contribution of their subcontractor. The Service Provider is fully responsible to the subcontractor professional suitability. 

Service provider is not responsible for the service providing in accordance with the law of the Consumer.

The Service Provider does not take responsibility for the activities of the payment service provider and the billing service provider, in particular, for the success of the payment, the failure of the payment, or the misuse of the card payment, in particular, shall not be liable for any errors, deficiencies, inoperability, downtime, security, or incorrect debits of the payment solution used. Service provider does not store credit card data.

The User is solely responsible for keeping the user access data (especially the password) confidential. If the User becomes aware that the password provided during registration may have been accessed by an unauthorized third party, he/she is obliged to change his/her password immediately, and if it is suspected that the third party misuses the password in any way, he/she is obliged to notify the Service Provider at the same time.

• Special rules to the video training Service

The video training service contains training videos these can help for the Users to improve their skills. 

The User can use under this copyright notice the videos:

• the user gets a non-transferable licence to use the videos without geographical and with time limit,
• the licence contains the right of use,
• the licence doesn’t contain the following rights:
  • right to modification,
  • right to sublicence,
  • right to broadcasting.

 

• Special rules to the Mental and Physical Health Service, Choreography Service, Training Service, workshops

The Service Provider and their Subcontractor are responsible for:

• the professional quality of the service, 
• their own all permission and authorization that is necessary to perform the Service – according to the rules of the home state of the performing partner of the Service -.

The Service Provider and their Subcontractor are not responsible for:

• the hidden expectation of the User,
• the successful of the use, 

the Service can reach the goal that the User want.

Service Provider inform the User that the Services isn’t substitute the competitive training program, the Services just can complete the main training program of the User. 

• Special rules to the Music Service

If the User send a music to the Service Provider to prepare a high-quality competition song, the User must own all related copyright law for this Service. The perform this Service is needed the right to use and the right of modifying the music. 

The User must exempt the Service Provider from all legal consequences. 

The Service Provider must make one version from the music. If the User doesn’t like with this music, the Service Provider pay back the fee of the Service, but in this case the User can’t use this music.  

The User can use under this copyright notice the accepted Music:

• the user gets a non-transferable licence to use the music that made the Service Provider without geographical and time limit,
• the licence contains the following rights:
  • right to broadcasting to the public,
  • right to copying.
• the licence doesn’t contain the following rights:
  • right to modification,
  • right to sublicence.

• Special rules to the Music Service

The Service Provider must make one version from the Leotard design. If the User doesn’t like with this Leotard design, the Service Provider pay back the fee of the Service, but in this case the User can’t use this Leotard design.  

The User can use under this copyright notice the Leotard design:

• the user gets a non-transferable licence to use the Leotard design that made the Service Provider without geographical and time limit,
• the licence contains the following rights:
  • right to broadcasting to the public,
  • right to copying.
• the licence doesn’t contain the following rights:
  • right to modification,
  • right to sublicence,
  • right to commercialization (for example: use the leotard design on merchandise products)

• FEES PAYMENT METHOD

The User is obliged to pay a fee to the Service Provider for the use of the Service and for the Products.

The full fee is indicated on the Website.

The Service Provider hands over the invoice for the service fee to the User.

The Service Provider does not take responsible for the price indicated in a manifestly incorrect manner despite its care and/or due to an error in the IT system.

In particular, the following prices shall be considered as incorrectly indicated prices:

• 0 HUF price, 
• price reduced by a discount, but incorrectly indicating the discount (e.g.: in the case of a product with a HUF 1,000 price, a product offered for HUF 500 with the indication of a 20% discount).

In case of indicating an incorrect price, the Service Provider offers the possibility to purchase the service at a fair price, in the possession of which information the User may decide to order the service at a fair price or cancel the order without any adverse legal consequences.

The Service Provider always displays the currently available offer on the Website, at the current prices, the purchase transaction can be initiated in the light of the current offer and does not provide a basis for conclusions about the future offer of the Service Provider.

If the payment later becomes invalid for any reason and the consideration is refunded from the Service Provider, the Service Provider cancels the sent ticket and coupon and is entitled to resell it.

The User may use the following payment methods to settle the value of the Purchase Transaction:

• direct bank transfer,
• Paypal

The User expressly acknowledges that the financial document generated during the purchase does not automatically create any service or any other legal relationship between him/her and the Service Provider beyond the Service Provider’s own service. 

• CORRECTION OF DATA ENTRY ERRORS

At any stage of the order and until the order is sent to the Service Provider, the User has the opportunity to correct data entry errors on the Website at any time by modifying the form.

If the User has finalized his/her order and discovers an error in the provided data, he/she has to initiate the cancellation or modification of the order as soon as possible. The User may notify the Service Provider of the cancellation of the wrong order by sending a letter from the e-mail address provided at the time of ordering/registration or make a phone call.

• validity of offer, CONFIRMATION

The contract shall be deemed to be concluded by electronic means, for which Act V of 2013 on the Civil Code and the Act CVIII of 2001 on certain issues of electronic commerce activities and information society services provisions shall prevail. The contract, if concluded with a Consumer, is subject to Government Decree No. 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses and bearing in mind the provisions of Directive 2011/83/EU of the European Parliament and the Council on consumer rights.

• SALES ABROAD

The Service Provider does not distinguish between users inside and outside Hungary during sales.

The provisions of these GTC shall also apply to purchases outside Hungary together with the provisions of the relevant Regulation 2018/302/EU.

During foreign sales, the language of communication and purchase is English, the Service Provider is not obliged to communicate with the user in the language of the User’s Member State.

The Service Provider is not obliged to comply with the non-contractual requirements specified in the national law of the User’s Member State in relation to the given service or ticket, such as labelling or sector-specific requirements, or to inform the User about these requirements.

The Service Provider applies the Hungarian VAT to all Products, if the sales amount of the product does not exceed the sales amount of EUR 10,000. Above the indicated value limit, the Service Provider charges VAT according to the User’s Member State.

The user can use his/her legal remedies possibilities according to these GTC.

Payment is made in the currency specified by the Service Provider.

The Service Provider may withhold the transfer of the Service or ticket until it is satisfied that the price of the Service or ticket has been successfully paid using the electronic payment solution (including the case when the User pays the purchase price in the currency of the Member State in case of the product paid by bank transfer and the Service Provider does not receive the full amount of the purchase price due to the exchange and bank commissions and costs). If the price of the service/ticket has not been fully paid, the Service Provider may call the User to supplement the purchase price. In order to hand over the Service or the ticket, the Service Provider also provides the handover possibilities due to Hungarian customers to non-Hungarian customers.

After the payment of the delivery fee, the Service Provider fulfils the order, if the User does not pay the delivery fee to the Service Provider or does not solve its own delivery by the agreed date, the Service Provider terminates the contract and refunds the prepaid purchase price to the User.

• Information on the right of termination by natural person Buyers

Pursuant to item 3 of paragraph (1) of section 8:1 of the Civil Code of Hungary, only natural persons acting outside the scope of their profession, occupation, or business activity qualify as consumers, thus, legal persons are not entitled to exercise the right of withdrawal without justification.

Pursuant to section 20 of Government Decree 45/2014 (II. 26.), consumers have the right of withdrawal without justification. Consumers may exercise their right of withdrawal within a certain time limit, which commences

1. a) in the case of contracts for the sale of Products,
2. aa) at the date when the Product,
3. ab) in the case of the sale of more than one Product, where each Product is delivered at a different time, when the Product last delivered

is received by the consumer or a third person, other than the carrier, designated by the consumer, where such time limit is 14 day.

The time limit for withdrawal laid down in Government Decree 45/2014. (II. 26.) is 14 days, and the additional time limit for withdrawal is undertaken voluntarily by the Service Provider in this GTC, in addition to the time limit prescribed by law.

The provisions in this section are without prejudice to the consumer’s right to exercise their right of withdrawal laid down in this section also within the period between the day of the conclusion of the contract and the day of the receipt of the Product.

If the offer for concluding a contract was made by the consumer, the consumer shall have the right to withdraw from the offer, which terminates the binding period of the offer for the conclusion of the contract.

• Statement of withdrawal, exercising the consumer’s right of withdrawal or termination

The consumer may exercise their right under section 20 of Government Decree 45/2014 (II. 26.) by a clear statement in such regard or by using the sample declaration which can be downloaded also from the Website.

• Validity of the consumer’s statement of withdrawal

The right of withdrawal is to be considered timely exercised if the statement is sent by the consumer within the appropriate time limit. The time limit is: 14 nap.

In the case of written withdrawal or termination, it is sufficient to send the withdrawal or termination statement within 14 days.

The time limit for withdrawal laid down in Government Decree 45/2014. (II. 26.) is 14 days, and the additional time limit for withdrawal is undertaken voluntarily by the Service Provider in this GTC, in addition to the time limit prescribed by law.

The burden of proving that the consumer has exercised their right of withdrawal in accordance with this provision rests with the consumer.

After its receipt, the Service Provider is obliged to confirm the Buyer’s statement of withdrawal on an electronic data medium. 

• The Service Provider’s obligations in the event of the consumer’s withdrawal

The Service Provider’s obligation to refund

If, in line with section 22 of Government Decree 45/2014 (II. 26.), the consumer withdraws from the contract, the Service Provider shall refund the full amount paid by the Buyer as consideration within 14 days, including the costs incurred in connection with the performance, such as the delivery fee. Please note that this provision does not apply to additional costs incurred as a result of choosing a delivery option other than the least expensive standard mode of delivery.

The manner of fulfilling the Service Provider’s refund obligation

In the event of withdrawal or termination exercised in line with section 22 of Government Decree 45/2014 (II. 26.), the Service Provider refunds the amount repayable to the consumer by using the same payment method that was used by the consumer. With the express consent of the consumer, the Service Provider may use a different payment method, but the consumer may not be charged any additional fees as a result. The Service Provider will not be liable for any delay arising from the incorrect and/or inaccurate indication of the bank account number or mailing address by the consumer.

Additional costs

If the consumer has expressly chosen a delivery option other than the least expensive standard mode of delivery, the Service Provider will not be obliged to refund the costs incurred as a result of that choice. In such cases, our refund obligation will only include the indicated standard delivery fees. 

Right to withhold performance

The Service Provider may withhold the amount payable to the consumer until the consumer has returned the Product of proven beyond doubt that they have returned it; out of these two dates, the earlier is to be taken into account. We are unable to accept consignments sent by cash on delivery or addressee pays service. 

The consumer’s obligations in the event of their withdrawal or termination

Returning the Product

If, in line with section 22 of Government Decree 45/2014 (II. 26.), the consumer withdraws from the contract, they are obliged to return the Product, or to hand the Product over to the Service Provider or to the person designated by the Service Provider to accept Products, without delay but no later than within fourteen days of giving notice of the withdrawal. The return obligation is to be considered fulfilled timely if the consumer dispatches the Product before the expiry of the time limit.

Bearing the direct costs incurred in connection with the return of the Product

The direct costs of returning the Product are borne by the consumer. The Product is to be sent to the Service Provider’s address. If, after the beginning of the performance, the consumer terminates the contract for the provision of services concluded off-premises or as a distance contract, they are obliged to pay the Business a fee commensurate with the service performed up to the date of giving notice of the termination. Such commensurate amount payable by the consumer is to be determined based on the total amount of consideration set out in the contract by adding the applicable taxes. If the consumer proves that the total amount determined in such a way is excessively high, the commensurate amount is to be calculated based on the market value of the services performed up to the date of the termination of the contract. Please note that we are unable to accept consignments sent by cash on delivery or addressee pays service.

Consumer liability for depreciation

The consumer is liable for the depreciation resulting from any use exceeding the use necessary to determine the nature, properties and operation of the Product.

The right of withdrawal cannot be exercised in the following cases

The Service Provider expressly notes that you may not exercise your right of withdrawal in the cases listed in paragraph (1) of section 29 of Government Decree 45/2014 (II.26.):

1. after the full performance of the service, however, if a payment obligation is established by the contract for the consumer, this exception may only be relied on if, prior to the commencement of the performance, the consumer expressly consented to and acknowledged the fact that they will lose their right of withdrawal as soon as the contract is fully performed by the Business;
2. with regard to Products or services the price or fee of which depend on the fluctuation of the financial market which cannot be influenced by the Business and which is possible even during the time limit set for the exercise of the right of withdrawal;
3. in the case of non-premanufactured Products that have been produced based on the instructions and express request of the consumer, or in the case of Products that clearly have been tailored to the consumer;
4. in the case of perishable Products or Products with short durability;
5. in the case of Products with closed packaging, which cannot be returned once opened after delivery due to health protection or hygienic reasons;
6. in the case of Products which, due to their nature, are inseparably mixed with other Products after delivery;
7. in the case of alcoholic beverages whose actual value depends on the fluctuation of the financial market which cannot be influenced by the Business, and whose price was agreed upon by the parties when the sales contract was concluded, but the contract will only be performed after the thirtieth day from the conclusion of the contract;
8. in the case of contracts for services where the Business contacts the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
9. with regard to the sale and purchase of audio and video recordings in sealed packaging, or copies of computer software, if the consumer has opened the packaging after delivery;
10. with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
11. in the case of contracts concluded at a public auction;
12. with the exception of housing services, in the case of contracts for the provision of accommodation, transport, car rental, catering services or for services related to leisure activities, if a deadline or time limit was set for the performance in the contract;
13. with regard to digital content provided on a non-physical data carrier, if the Service Provider has commenced its performance with the express, prior consent of the consumer, and if the consumer, simultaneously with giving that consent, acknowledged the fact in a statement that they will lose the right of withdrawal as soon as the performance is commenced, and the Business has sent a confirmation to the consumer.

 

Pursuant to Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, a User who qualifies as a consumer may exercise his/her right of termination within fourteen days from the date of concluding the contract in the case of a contract for services.

The Consumer is not entitled to the right of termination under

• section 29 (1) a) of the Government Decree No. 45/2014 (II.26.): in the case of a contract for services, after performance of the service as a whole, where the business has commenced 
• performance with the consumer’s express prior consent and the consumer has acknowledged that he/she loses his/her right of termination after performance of the service as a whole.

• WARRanty for material defects

In the event of default of performance by the Service Provider (default is the performance, especially if the Service suffers from a quality or quantity defect), the User may assert a warranty claim against the Service Provider. In the case of a consumer contract, the User may assert his/her warranty claims for defects in the product and service that already existed at the time of delivery of the product during the 2-year limitation period from the date of receipt. After the two-year limitation period, the User can no longer enforce his/her warranty rights.

In the case of a non-consumer contract, the right-holder may assert his/her warranty claims within a limitation period of 1 year from the date of receipt.

The User, subject to his/her choice, may claim repair or replacement, unless the performance of the chosen remedy for breach of warranty for material defects is impossible, or if it would result in disproportionate additional costs to the Service Provider compared to satisfying a different claim for warranty for material defects. If the repair or replacement has not been requested or could not be requested by the User, may claim the pro rata reduction of the consideration or may repair the defect him/herself or have it repaired by somebody else at the Service Provider’s expense, or may cancel the contract in the last case. 

An insignificant defect shall not give rise to cancellation. 

The User may switch from the chosen remedy for breach of warranty for material defects to another remedy. The User shall pay the costs caused to the Service Provider by the switch, unless the Service Provider caused the switch, or the switch was otherwise justified.

Following the detection of the defect, the User shall be required to communicate the defect to the Service Provider without delay, but no later than within two months following the detection of the defect.

The User may enforce his/her warranty claim directly against the Service Provider. 

Within six months of the performance of the contract, there are no conditions other than the notification of the defect to enforce the warranty claim, if the User proves that he/she has purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice). In such a case, the Service Provider is only released from the warranty if it rebuts this presumption, that is, it proves that the defect of the product occurred after the delivery to the User. If the Service Provider can prove that the cause of the error was caused by a reason imputable to the User, it is not obliged to accept the warranty claim made by the User. However, six months after the performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.

If the User asserts his warranty claim in respect of the part that can be separated from the product – in terms of the indicated defect -, the warranty claim shall not be deemed valid for the other parts of the product.

The warranty rights related to the services included in the Coupon may be enforced by the User directly against the Partner, considering that a legal relationship has been established between the Partner and the User for the use of the service.

• Legal remedies

• PLACE, TIME, METHOD OF COMPLAINT HANDLING

In the event of a complaint, claim or data entry error that may arise during the use of the Service, the User may contact the Service Provider at one of the indicated contact details. The Service Provider’s complaint handling is free of charge in all cases.

Complaints will be investigated in all cases. The Service Provider shall, if possible, remedy the oral complaint immediately. If it is not possible to remedy the oral complaint immediately, due to the nature of the complaint, or if the User does not agree with the handling of the complaint, the Service Provider shall keep a record of the complaint, which it shall keep for five years together with its substantive response to the complaint. In the case of an oral complaint communicated by the Service Provider by telephone or other electronic communication service, the User shall send a copy of the record at the latest at the same time as the substantive reply. In all other cases, the Service Provider shall act in accordance with the rules applicable to written complaints.

The Service Provider will respond to the complaint received in writing within 30 days. The measure means delivery by post within the meaning of this contract. If the complaint is rejected, the Service Provider shall inform the User of the reason for the rejection.

• Other legal remedies

If any legal dispute between the Service Provider and the User is not settled during negotiations with the Service Provider, the User is entitled to:

•  complain to the consumer protection authority,
• initiate an Arbitration Board procedure – if the Consumer is a Hungarian buyer – .

Contact details of the Arbitration Boards:

Baranya County Arbitration Board, Address: 7625 Pécs, Majorosy Imre u. 36. Mailing Address: 7602 Pécs, Pf. 109., Phone number: (72) 507-154, Fax number: (72) 507-152, President: Dr. Bodnár József, E-mail: bekelteto@pbkik.hu.

Bács-Kiskun County Arbitration Board, Address: 6000 Kecskemét, Árpád krt. 4. Phone number: (76) 501-525, (76) 501-500, Fax number: (76) 501-538, President: Dr. Horváth Zsuzsanna, E-mail: bekeltetes@bacsbekeltetes.hu

Békés County Arbitration Board, Address: 5600 Békéscsaba, Penza ltp. 5., Phone number: (66) 324-976, 446-354, 451-775, Fax number: (66) 324-976, President: Dr. Bagdi László, E-mail: bekeltetes@bmkik.hu; bmkik@bmkik.hu

Borsod-Abaúj-Zemplén County Arbitration Board, Address: 3525 Miskolc, Szentpáli u. 1., Phone number: (46) 501-091, 501-870, Fax number: (46) 501-099, President: Dr. Tulipán Péter, E-mail: bekeltetes@bokik.hu

Budapest Arbitration Board, Address: 1016 Budapest, Krisztina krt. 99. Phone number: (1) 488-2131, Fax number: (1) 488-2186, President: Dr. Baranovszky György, E-mail: bekelteto.testulet@bkik.hu

Csongrád County Arbitration Board, Address: 6721 Szeged, Párizsi krt. 8-12. Phone number: (62) 554-250/118 extension, Fax number: (62) 426-149, President: Dr. Horváth Károly E-mail: info@csmkik.hu

Fejér County Arbitration Board, Address: 8000 Székesfehérvár, Hosszúséta tér 4-6. Phone number: (22) 510-310, Fax number: (22) 510-312, President: Dr. Vári Kovács József, E-mail: fmkik@fmkik.hu; bekeltetes@fmkik.hu, 

Győr-Moson-Sopron County Arbitration Board, Address: 9021 Győr, Szent István út 10/a. Phone number: (96) 520-202; 520-217, Fax number: (96) 520-218, President: Horváth László, E-mail: bekelteto@gymskik.hu

Hajdú-Bihar County Arbitration Board, Address: 4025 Debrecen, Petıfi tér 10. Phone number: (52) 500-735, Fax number:(52) 500-720, President: Dr. Hajnal Zsolt E-mail: hbkik@hbkik.hu

Heves County Arbitration Board, Address: 3300 Eger, Faiskola út 15. Mailing Address: 3301 Eger, Pf. 440., Phone number: (36) 416-660/105 mellék Fax number: (36) 323-615, President: Dr. Gordos Csaba E-mail: hkik@hkik.hu

Jász-Nagykun-Szolnok County Arbitration Board Address: 5000 Szolnok, Verseghy park 8. Phone number: (56) 510-610, Fax number: (56) 370-005, President: Dr. Lajkóné dr. Vígh Judit E-mail: kamara@jnszmkik.hu

Komárom-Esztergom County Arbitration Board Address: 2800 Tatabánya, Fő tér 36., Phone number: (34) 513-010, Fax number: (34) 316-259, President: Dr. Rozsnyói György E-mail: kemkik@kemkik.hu

Nógrád County Arbitration Board, Address: 3100 Salgótarján, Alkotmány út 9/a Telefonszám: (32) 520-860, Fax number: (32) 520-862, President: Dr. Pongó Erik, E-mail: nkik@nkik.hu

Pest County Arbitration Board, Address: 1055 Budapest Kossuth tér 6-8. Phone number: (1)-474-7921, Fax number: (1)-474-7921, President: dr. Csanádi Károly, E-mail: pmbekelteto@pmkik.hu

Somogy County Arbitration Board Address: 7400 Kaposvár, Anna utca 6. Phone number: (82) 501-000, Fax number: (82) 501-046, President: Dr. Novák Ferenc E-mail: skik@skik.hu

Szabolcs-Szatmár-Bereg County Arbitration Board Address: 4400 Nyíregyháza, Széchenyi u. 2. Phone number: (42) 311-544, (42) 420-180, Fax number: (42) 420-180, President: Görömbeiné dr. Balmaz Katalin E-mail: bekelteto@szabkam.hu

Tolna County Arbitration Board, Address: 7100 Szekszárd, Arany J. u. 23-25. Phone number: (74) 411-661, Fax number: 411-456, President: Dr. Gáll Ferenc, E-mail: kamara@tmkik.hu

Vas County Arbitration Board, Address: 9700 Szombathely, Honvéd tér 2. Phone number: (94) 312-356, Fax number: 316-936, President: Dr. Kövesdi Zoltán, E-mail: vmkik@vmkik.hu

Veszprém County Arbitration Board Address: 8200 Veszprém, Budapest u. 3. Phone number: (88) 429-008, Fax number: (88) 412-150, President: Dr. Vasvári Csaba, E-mail: info@bekeltetesveszprem.hu

Zala County Arbitration Board, Address: 8900 Zalaegerszeg, Petőfi utca 24., Phone number: (92) 550-514, Fax number: 550-525, President: Dr. Molnár Sándor, E-mail: zmkik@zmkik.hu; zmbekelteto@zmkik.hu

• initiate court procedure

• Online dispute resolution

In the event of a cross-border consumer dispute related to an online contract of sale, the Consumers can electronically settle their cross-border disputes related to online purchases at https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show&reload=false 

accessible through an electronic complaint filed through an online platform.

In Hungary, the Budapest Arbitration Board deals with disputes between cross-border consumers and merchants related to online sales contracts.

• Unilateral Amendment of the General Terms and Conditions

Service Provider is entitled to unilaterally modify this General Terms and Conditions in addition to informing Users on the Website. The modified provisions will become effective upon User’s first use of the Website after its entry into force and will apply to any matter initiated after the modification.

The Service Provider also reserves the right to make any changes or repairs on the Website at any time without prior notice. The Service Provider also reserves the right to move the Website under another domain name.

• Copyrights

The entire Website, its graphic elements, text and technical solutions, and the elements of the Service are protected by copyright or other intellectual property rights. Service Provider is the authorized user of all content, any copyrighted work or other intellectual property displayed on the Website and in the provision of the services available through the Website (including, but not limited to, all graphics and other materials, layout, editing, software and other solutions used, implementation of the Website).

The content of the Website and some of its contents may not be copied or printed on a physical or other storage medium with the prior written consent of the Service Provider.

In addition to the rights expressly set forth in these GTC, the application, the use of the Website or any provision of the GTC do not grant the User the right to use or utilize any of the trade names or trademarks on the Website. In addition to the display associated with the intended use of the Website, the temporary duplication required for this purpose, and private copying these intellectual works may not be used or utilized in any other form without the prior written permission of the Service Provider. 

The Service Provider reserves all rights to all elements of its service, in particular the domain name, the subdomains belonging to it, all other domain names occupied by the Service Provider, its subpages and the Internet advertising space. All activities aimed at listing, organizing, archiving, hacking, decrypting the source code of the Service Provider’s database are prohibited, unless the Service Provider grants special permission to do so. 

It is forbidden to modify, copy, place new data or overwrite existing data in the Service Provider’s database by bypassing the interface or search engines provided by the Service Provider without a separate agreement or use of the service for this purpose. 

These General Terms and Conditions are for an indefinite period of time, the effective date of which is: 01.01.2023. In the event of an amendment to the GTC, the Service Provider shall notify the User of the changes by publishing them on the Service’s website, the amendment shall take effect upon publication.

 

A downloadable version of this document is available by clicking on the following link:

GENERAL TERMS AND CONDITIONS

PRIVACY POLICY

Date of acceptance: 01/01/2023

• Information about the data controller

Data Controller

Name: Gymprove Ltd.

Registered seat: Hungary 1086 Bauer Sándor utca 3-5, 2nd floor 10

E-mail: info@gymprove.online

Website: www.gymprove.online

 

Hosting service provider

Name: GoDaddy Inc

Contact available a:t https://www.godaddy.com/en-uk/contact-us

• Description of the data processing activities carried out in the course of the operation of the webshop

This document contains all relevant data processing information regarding the operation of the webshop in accordance with General Data Protection Regulation (2016/679) of the European Union (hereinafter: Regulation or GDPR) and Act CXII of 2011 (hereinafter: Privacy Act).

• Information on the use of cookies

What is a cookie?

Upon visiting the website, the Data Controller uses cookies. A cookie is an information package consisting of letters and numbers sent to your browser by our website with the purpose of saving certain settings, facilitate the use of our website and help us collect relevant, statistical information of our visitors.

Some cookies do not contain personal information and are not suitable for identifying individual users, but some cookies contain a unique identifier, that is, a secret number sequence generated randomly, which will be stored by your device and therefore will ensure your identification. The operational duration of each cookie is included in the relevant description.

Legal background and legal grounds of cookies:

The legal basis of processing is your consent pursuant to Article 6(1)(a) of the Regulation.

Main characteristics of the cookies used by the website

The data controller’s website only uses the default cookies of WordPress. Regarding WordPress cookies the customer should keep in mind that:

“If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.” (WordPress.org)

If you do not accept the use of cookies, certain functions will not be available to you. You can find further information about deleting cookies at the following links:

• Internet Explorer:  http://windows.microsoft.com/en-us/internet-explorer/delete-manage-cookies#ie=ie-11
• Firefox:  https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
• Mozilla: https://support.mozilla.org/hu/kb/weboldalak-altal-elhelyezett-sutik-torlese-szamito
• Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
• Chrome: https://support.google.com/chrome/answer/95647
• Edge: https://support.microsoft.com/hu-hu/help/4027947/microsoft-edge-delete-cookies

• Data processed for the purpose of concluding and performing the contract

In order to conclude and performing the contract, several cases of data processing may occur. We hereby inform you that data processing related to complaint management and administration related to guarantee rights will only be carried if you exercise one of the said rights.

If you do not purchase via the webshop but arrive only as a visitor, then the provisions on data processing for marketing purposes may apply to you if you give consent to us for marketing purposes.

Data processing activities for the purpose of concluding and performing the contract in detail are:

• Registration on the website

The registration is mandatory if you want to order video training on the Website. In another case you can’t make registration on the Website. 

Data processed

The goal of the registration we handle your name and email address.

Period of the data processing

Until the withdraw of the consent.

Legal basis for the data processing

Your voluntary consent given to the Data Controller by the registration. [Data processing pursuant to Article 6(1)(a) of the Regulation]

The courier service participates in delivering the ordered product based on its contract concluded with the Data Controller. The courier service processes the data provided to it in accordance with the privacy policy available on its website.

• Processing the order

Data processing activities in the course of order management required for the purpose of performing the contract. 

Data processed

If you place an order in the Website, the data processing and the provision of the data is inevitable for the performance of the contract. 

We process the date of the order, the type of the service. 

The Data Controller works together with subcontractor. The Service Provider must share the basic data of you with our subcontractor, that means in some case the Service Provider must send the data outside the European Union.

You can share necessary data with our subcontractor during the perform of the services. The subcontractor will be the data controller person. The subcontractor must fit with the rules of the Regulation 

The exact list of our subcontractor: 

Name of subcontractor	Related Service	Contact
Alix Croop	Sport Performance and Psychology consultation	aecroop@gmail.com
Sofia Pappa	Sport Nutrition consultation	sofiap97@yahoo.gr
Fanni Mazács	Sport Pharmacy and Doping Prevention consultation	mazacsf@gmail.com
Davide Donati	Choreography, Physical and Technical Coaching	davidednt94@gmail.com
Pedro Augusto Resende Amorim	Physical and Technical Coaching	pet.edfisufmg@gmail.com
Deborah Greenbaum	Sport Pharmacy and Doping Prevention consultation	deborahgreenbaum@gmail.com
Paola Mariani	Ballet classes	paola.mariani22@gmail.com
Kata Hajdú	Leotard design	katah49@gmail.com
Grafko-Caspar d.o.o.	Cloth production	info@caspar-design.com
A.G.M S.r.l. Medysport	Leotard production	info@medysport.it

The subcontractor will give exact information about their activity and their data handling according to the rules of the Regulation.

Period of the data processing

We handle the data 5 years. 

Legal basis for the data processing

The performance of the contract. [Data processing pursuant to Article 6(1)(b) of the Regulation]

The legal basis with regard to international data transmission is the performance of the contract [Data processing pursuant to Article 49(1)(b) of the Regulation]

• Issuing the invoice

The data processing is carried out for the purpose of issuing an invoice in compliance with the law and fulfilling the obligation of retaining the accounting document. Pursuant to paragraphs (1)-(2) of section 169 of the Accounting Act, economic organisations must retain accounting documents directly and indirectly supporting the accounting records.

Data processed

We handle the following data: name, email address, seat, tax number. 

Period of the data processing

Pursuant to paragraph (2) of section 169 of the Accounting Act, the issued invoices must be retained for 8 years of the issuing. 

Legal basis for the data processing

Pursuant to paragraph (1) of section 159 of Act CXXVII of 2007 on value added tax, issuing an invoice is mandatory and, pursuant to paragraph (2) of section 169 of the Accounting Act, the issued invoices must be retained for 8 years. [Data processing pursuant to Article 6(1)(c) of the Regulation] 

Data processing related to product delivery

The data processing is carried out for the purpose of delivering the ordered product.

Data processed

Name, address, e-mail address, phone number.

The delivery of the products performs the subcontractor of the Data Controller.

Period of the data processing

The data processing is carried out for the purpose of delivering the ordered product.

Legal basis for the data processing

The performance of the contract. [Data processing pursuant to Article 6(1)(b) of the Regulation]

• Additional data processing activities

If the Data Controller intents to carry out any further data processing activities, it will provide prior information on the actual circumstances of the data processing (legal background and legal basis of the data processing, the scope of the processed data, the period of the data processing).

• Recipients of personal data

The Data Processor carries out personal data storage on the basis of a contract concluded with the Data Controller. The Data Processor is not entitled to access the personal data.

• Your rights in the course of the data processing

Within the period of data processing, you are entitled to the following rights pursuant to the provisions of the Regulation:

• right to withdraw consent
• access to personal data and information related to data processing
• right to rectification
• restriction of data processing,
• right to erasure
• right to object
• right to data portability.

If you wish to exercise your rights, it will involve your identification, and the Data Controller must necessarily communicate with you. Therefore, for the purpose of identification, it will be necessary to provide personal data (but only your data already processed by the Data Controller can serve as the basis of identification), and your complaints as regards data processing will be available in your email account within the period specified in this Privacy Notice regarding complaints. If you have been our customer and you wish to identify yourself for the purpose of complaint handling or guarantee management process, please enter your order ID as well for identification. That way we can identify you as our customer.

The Data Controller will respond to complaints as regards data processing within 30 days at the latest.

• Right to withdraw consent

You have the right to withdraw your consent to data processing at any time, in which case the data provided will be erased from our system. However, please note that in the case of an order that has not yet been fulfilled, the withdrawal of consent may result in us not being able to complete the delivery of your order. In addition, if the purchase has already been completed, based on the accounting regulations, we cannot erase the date related to invoicing from our systems, and if there is any remainder amount unpaid by you to us, we can process your data even in the event of the withdrawal of your consent based on the legitimate interest in debt collection.

• Access to personal data

You have the right to obtain from the Data Controller confirmation as to whether your personal data are being processed, and where that is the case, you have the right to:

• a gain access to the processed personal data, and
• a receive information from the Data Controller on the following:
  • the purposes of data processing;
  • the categories of your personal data processed;
  • information on the recipients or categories of recipients to whom the personal data have been or will be disclosed;
  • the envisaged period of the processing of personal data or, if that is not possible, the criteria used to determine that period;
  • the existence of your right to request from the Data Controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

The purpose of exercising these rights may be aimed at establishing and verifying the lawfulness of data processing, therefore, in case of multiple requests for information, the Data Controller may charge a fair fee in exchange for providing the information.

Access to personal data is ensured by the Data Controller by sending you the processed personal data and information by email after your identification. If you have registered, we provide access so that you can view and check your personal data by logging into your user account.

Please indicate in your request that you ask for access to personal data or information on data processing.

• Right to rectification

You have the right to obtain from the Data Controller without delay the rectification of inaccurate personal data concerning you.

• Right to the restriction of data processing

You have the right to obtain from the controller restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by you, for a period enabling the Data Controller to verify the accuracy of the personal data, and if the accurate data can be immediately established, then no restriction will take place;
• the data processing is unlawful and you oppose the erasure of the personal data for any reason (for example because the data are necessary for the possible assertion of a claim) and requests the restriction of their use instead;
• the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims, or
• if you have objected to the data processing but the legitimate interest of the Data Controller may also serve as grounds for it, the data processing must be restricted until it can be established whether the legitimate grounds of the Data Controller override the legitimate grounds referred to by you.

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

You will be informed by the Data Controller before the restriction of processing is lifted (at least 3 business days before the restriction is lifted).

• Right to erasure – right to be forgotten

You have the right to obtain from the Data Controller the erasure of personal data concerning you without undue delay where one of the following grounds applies:

• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed by the Data Controller;
• you withdraw your consent on which the processing is based and there is no other legal ground for the processing;
• you object to the processing based on legitimate interest and there are no overriding legitimate grounds (that is, legitimate interest) for the processing,
• the personal data have been unlawfully processed by the Data Controller where that was established on the basis of the complaint,
• the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Data Controller is subject.

Where the Data Controller, based on any lawful ground, has made the personal data public and is obliged to erase the personal data due to any of the above grounds, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other data controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The erasure shall not apply to the extent that processing is necessary:

• for exercising the right of freedom of expression and information;
• or compliance with a legal obligation which requires processing by Union or Member State law to which the Data Controller is subject (data processing in the framework of invoicing is one of those cases, as the retaining of the invoice is prescribed by law), or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;
• for the establishment, exercise or defence of legal claims (e.g., if the Data Controller has any claims against you which has been not fulfilled yet, or there is undergoing complaint management process).

• Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on legitimate interests. In such case, the Data Controller shall no longer process the personal data unless the Data Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

• Right to data portability

If the data processing is carried out in an automated way or if the data management is based on your voluntary consent, you have the right to ask the Data Controller for the data you provided to the Data Controller, which the Data Controller will send in xml, JSON or csv format at your disposal, and, if this is technically feasible, you can request that the Data Controller forward the data in this form to another data controller.

• Automated decision-making

You have the right not to be subject to a decision which is based solely on automated processing (including profilin) and which produces legal effects concerning you or similarly significantly affects you. In these cases, the Data Controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

The above shall not apply if the decision:

• is necessary for the conclusion and performance of the contract between you and the Data Controller;
• is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
• is based on your explicit consent.

• Data security measures

The Data Controller declares that it has taken appropriate security measures in order to protect personal data against unauthorized access, alteration, transmission, disclosure, deletion or destruction, as well as against accidental destruction and damage, as well as against becoming inaccessible due to changes in the technology used.

The Data Controller will do everything within its organizational and technical capabilities to ensure that its Data Processors also take appropriate data security measures when working with your personal data.

• Remedies

If, in your opinion, the Data Controller has violated a legal provision relating to data processing or has not fulfilled any of your requests, then in order to terminate alleged unlawful data processing, you can initiate the investigative procedure of the Data Protection Authority.

We would also like to inform you that in the event of a violation of the legal provisions on data processing, or if the Data Controller has not fulfilled any of your requests, you may file a civil lawsuit against the Data Controller in court. 

• Amendment of the Privacy Policy

The Data Controller reserves the right to modify this data management information in a way that does not affect the purpose and legal basis of data processing. By using the website after the amendment enters into force, you accept the amended Privacy Notice.

If the Data Controller wishes to carry out further data processing in relation to the collected data for a purpose other than that of their collection, it will inform you, before commencing any further data processing, of the purpose of the data processing and the information on the following:

• the envisaged period of the processing of personal data or, if that is not possible, the criteria used to determine that period;
• the existence of your right to request from the Data Controller access to, rectification or erasure of personal data or restriction of processing of personal data concerning you, or to object to such processing in the case of data processing on the grounds of legitimate interest, or to request ensuring data portability in the case of data processing on the grounds of consent or contractual relationship;
• in the case of data processing on the grounds of consent, that you may withdraw your consent at any time,
• the right to lodge a complaint with a supervisory authority;
• whether the provision of personal data is based on legislation or a contractual obligation or is a prerequisite for concluding a contract, as well as whether you are obliged to provide personal data, and what possible consequences the failure to provide data may have;
• the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

The data processing may only be commenced thereafter, and, in the case of data processing on the grounds of consent, your consent will also be required to the data processing in addition to the provision of the above information.