- effective from 2023.01.01. -
Subject of the Contract
The content of the General Terms and Conditions (GTC) provides general guidelines to the conditions, rights and compliance between Service Provider, Dankuline Gazsovics Edit, and User. These also apply to the use of www.babamozgato.hu known also as www.fittbaby.com (English version), all free and subscription materials accessible on these webpages.
2. Service Provider and Impressum
Name: Edit Dankuliné Gazsovics, sole proprietor
location, business headquarters and address for complaints: 1223 Budapest, Rózsakert u. 41.
contact: phone: +36 1 3625969, +36 30 4133843
court of registration, company registration number: Belügyminisztérium Nyilvántartások Vezetéséért Felelős Helyettes Államtitkárság (EVNY - egyéni vállalkozók nyilvántartása)
entrepreneur’s card number: EV-665252
Court of registration provider details:
Országos Kórházi FőigazgatóságHumánerőforrás-fejlesztési Igazgatóság, Nyilvántartási és Továbbképzési Főosztály
headquarters: Budapest, VIII. ker., Horánszky u. 24. földszint 010.
contact numbers: +36 1 4111146, +36 1 4111147
Operating licence: 48805
Operating Tax number: 57086530-1-43
Hungarian Chamber of Health Care Professionals (Magyar Egészségügyi Szakdolgozói Kamara), membership number: 3116593
Magyar Gyógytornász-Fizikoterapeuták Társasága
The provider’s qualification, academic and scientific degree achieved at:
1990 Orvostovábbképző Egyetem Egészségügyi Főiskolai Kar (Miskolc, Magyarország), gyógytornász
1997 OTE Egészségügyi Főiskola (Budapest, Magyarország), DSGM szakgyógytornász
Professional code of conduct in accordance with: www.gyogytornaszok.hu
name of data processor: ATEDIN Bt.
headquarters: 1126 Budapest, Kiss János altábornagy u. 11.
court of registration of data processor: Company Registry Court of Budapest-Capital Regional Court; Reg. Number: 01-06-761918; contact details: phone: +36 70 3662073
m) Media provider’s Members state jurasdiction: Hungary
n) Procedural scope over infrindgment of media governance:: Nemzeti Média- és Hírközlési Hatóság, 1015 Budapest, Ostrom u. 23-25.; firstname.lastname@example.org; tel: (+36 1) 457 7100
3. Definition of terms
GTC: Content of current General Terms and – Along the mandatory – it further defines the content of contract between You and the Provider, more specifically the rights and obligations of both parties. The conditions of establishing contract, delivery and payment deadlines, rules of liability, as well as withdrawal and termination rights and conditions;
Provider: the person named under point 2. of current GTC;
User: You – the person whose details are provided during the registration process; as well as any person browsing the webpage without;
Webpage: Hungarian www.babamozgato.hu and it’s English version www.fittbaby.com;
Services: services provided on the Website for the viewing of educational articles or for making audiovisual content available on the Internet for individual download, including free services and services subject to the payment of a subscription fee;
Parties: The Provider and the User;
User, You: a natural person either identified by the data provided during registration or browsing the Website without registration;
Contract: the contract concluded between You and the Service Provider for the use of the Services of the Website upon acceptance of the GTC;
Donor: the User who wishes to give the subscription as a gift;
Recipient: the User to whom the Subscription has been donated by the Donor;
Digital services (a 373/2021. (VI. 30.) Korm. rendelet 4. § 4. pont értelmében):
ka) any service that enables the user to access, create, manage, store digital data. digital data; or
kb) any services that enables the user or the service itself to access, share or interact with data shared by other service users;
Digital: all data created or provided on the page ( in accordance with: a 45/2014. (II. 26.) Korm. rendelet 4. § 1.)
functionality: the ability of either/or digital content and services to fulfill their appropriate function (in accordance with a 373/2021. (VI. 30.) Korm. rendelet 4. § 7.);
integration: the connection of the digital content, provision and any component of the digital data, in order to fulfill all contractual (In accordancw tih 373/2021. (VI. 30.) Korm. rendelet 4. § 9.);
interoperability: the ability of the digital content and/or service that enables it to work with other hardware and software different from what it is generally used with ( in accordance with a 373/2021. (VI. 30.) Korm. rendelet 4. § 10.);
compatibility: the ability of the digital content and/or service -without the need for adjustment – to work with any hardware or software that is the same that it is genrally used with (In accordance with 373/2021. (VI. 30.) Korm. rendelet 4. § 12.)
4. Essential features of the Service
The audiovisual content called „Fitbaby” contains excercise regimes, that if followed appropriately, it enables the correct development of your baby’s physiologically movement and neurological maturation. The Fitbaby excercise system is from birth to walking is divided into 12 months of exercise packages, in accordance to the average developmental rate of babies.
However, babies often develop at a different rate from the average, therefore this distribution is not a distribution according to the biological age of your baby. The Service Provider draws your attention to the need to carefully monitor your own baby’s given level of motor development and rate of progress, and chose and parctice the appropriate month of excercise package accourding to this.
You can find useful help to determine your baby's level of mobility under "Mobility development": when the baby has reached the level of physical development set for a given month, only then should the exercise set for the following month be started. (In view of this, it is often the case that the exercises set for a given month have to be done for more than a month before you can move on to the next month's exercises.)
The Service Provider draws your attention to the fact that if you exercise your baby with exercises that are not appropriate for his/her level of mobility, this may cause overuse or injury.
If you are unsure about your baby's level of physical development, please contact www.babamozgato.hu or www.fittbaby.com before choosing a starter package or switching to a specific exercise for the following month.
The Service Provider draws your attention to the imporance of not only watch the video, before starting the Fitbaby exercises, but it is also necessary to acquire the written and photographic information in order to be prepared to do the exercises.
First of all, study the written introduction to the progress made during the month, the pictures of each exercise and the description of the pictures! Next, be sure to read the section on "Potential pitfalls in the exercises ", and then watch the video demonstrating the exercise! If you are unsure of the correct way to perform the Firbaby exercises, please contact the Service Provider at www.babamozgato.hu or www.fittbaby.com.
In addition to audiovisual content, the website also contains informative and educational articles, images and graphics.
5. Establising Contract
5.1. Creation of a Contract for the Services subject to registration
The Contract between the Parties for the Services subject to registration is concluded for an indefinite period of time by the User's electronic acceptance of the Services before clicking on the "Registration" icon during registration.: The User „By registering, I accept the GTC and the DATA PROTECTION DECLARATION ” by ticking the box in front of the text, the User expressly declares that he/she has read and accepts the provisions of these GTC and the Privacy and Data Protection Policy., and consents to the processing of his/her data under the conditions set out in these GTC and in the Privacy and Data Protection Policy.
5.2. Establishment of the Contract for the Services to which the subscription relates
The Contract for the Subscription Services is concluded between the Parties upon confirmation of the order in accordance with Clause 10.6, for a fixed term.
By clicking on the "OK, I subscribe" icon during the subscription process, the User accepts the following by electronically accepting (by ticking the corresponding box) the provisions of these GTC and the Privacy and Data Protection Policy. At the same time, the User expressly declares that he/she is familiar with the provisions of these GTC and the Privacy and Data Protection Policy and that he/she accepts to be bound by them, and consents to the processing of his/her data under the conditions set out in these GTC and the Privacy and Data Protection Policy.
5.3. Entering into a Contract for Services that are available free of charge by browsing the Website
In the absence of registration, the Contract between the Parties for the Services available free of charge by browsing the Website is also concluded by browsing the Website as an implied act, for an indefinite period. By doing so, the User accepts the provisions of these GTC and the Privacy and Data Protection Policy as binding on him/her and consents to the processing of his/her data under the conditions set out in these GTC and the Privacy and Data Protection Policy.
6. Form of the Contract, language, question of registration
The Contract between the Service Provider and the User is not a written contract, but is concluded electronically.
The contract is concluded in Hungarian on the babamozgato.hu website. The contract is concluded on the English-language fittbaby.com website with a contract in Hungarian and in English, in the event of a discrepancy between the two versions, the Hungarian version prevails.
The Service Provider does not file the Contract, is not obliged to register it, and it cannot be retrieved later. The Service Provider informs the User that the current version of the General Terms and Conditions is available on the Website, where it can be viewed and printed (by selecting the text or by printing the entire https://www.babamozgato.hu/hu/altalanos-szerzodesi-feltetelek subpage).
7. Duration of the Contract
The Contract between the Parties is concluded for an indefinite period of time, excluding the Contract for Subscription Services, which is for a limited period of time as set out in clause 10.3.
8. Technical conditions for using the Service
A minimum internet bandwidth of 5 Mbps is required to view the informative articles and other written information and images on the Website in a suitable quality.
A minimum internet bandwidth of 15 Mbps is required to view the audiovisual content on the Website in a suitable quality.
The Service Provider recommends the use of the following Internet browser programs to use the Website: Google Chrome, Mozilla Firefox. For subscription-based Services, the subscription fee is paid by credit card via an online payment system, which requires the User's internet browser to support SSL encryption.
9. Registration, data management rules, user account
The Service Provider may make the use of the Services provided on the Website subject to registration or, at her own discression, may make certain Services available without registration. All Services subject to a fee are subject to registration. In the case of Services that require registration, the User can access the Service by logging into his/her registered user account. The User Account is provided by the Service Provider free of charge to the registered User.
To use the free Services, the User is required to provide the following information during registration: name, e-mail address.
In order to use the Services subject to the payment of the subscription fee, the User must provide the following billing information at the time of subscription (or add to existing data): számlázási name, billing address.
Mandatory fields are marked with the * symbol, and if the mandatory fields are not filled in, a warning is displayed and the incomplete field(s) are marked in red. The User's country is automatically identified by the system.
The Service Provider may process the data specified in this section for the purposes of creating, defining the content of, amending, monitoring the performance of, billing the fees arising from, and enforcing claims in connection with this contract, as well as for the provision of the Service and for the duration necessary for the provision of the Service, as follows:
Purpose of Data Management:
creating, defining the content of, amending, monitoring the performance of the Contract, enforcing claims in connection therewith, providing the Services, maintaining contact with.
providing the Services, invoicing the fees payable for the Services, maintaining contact; enforcing claims relating to the Services
billing of fees for the Services, maintaining contact; enforcing claims for the Services
billing, contacting and claiming fees for the Services
The User may provide a telephone number to facilitate contact.
The User may prohibit the processing of the data under this point at any time during registration and thereafter during the provision of the Service, to this end the Service Provider shall ensure in particular the possibility of deleting the data concerned from the user account and prohibiting their use for the purposes under this point, as well as the possibility to unsubscribe from electronic advertisements and newsletters.
By ticking the box before the "Registration" icon "By registering, I accept the GTC and DATA PROTECTION Declaration", the User expressly declares, that s/he has read and accepts the provisions of the GTC and the Privacy and Data Protection Policy, and consent to the processing of his/her data under the conditions set out in these GTC and the Privacy and Data Protection Policy; s/he further acknowledges that s/he has read and taken note of the information provided by the Service Provider pursuant to § 14 of Government Decree 45/2014 (II. 26.).
During registration, the Service Provider provides a review of the data entered in order to identify data entry errors, after which the User is entitled to correct the errors by clicking on the "X" icon, or to make a declaration to conclude a contract by clicking on the "Registration" icon and complete the registration.
After registration, the Service Provider will send an automatic e-mail confirmation to the User that the registration was successful. A confirmation email of successful registration will include:
the acceptance of the registration;
the User's accepted e-mail address, which is also required to log in to the user account;
a password generated for the User to access the User Account and a warning that the password in the confirmation must be changed immediately in the User Account;
a link to the already accepted GTC during registration;
a link to the text of the Privacy and Data Protection Policy accepted during registration;
a link to the Service Provider's information pursuant to Article 14 of Government Decree 45/2014 (II. 26.).
The User shall immediately change the password provided in the e-mail confirmation in the user account.
If you do not receive the automatic confirmation e-mail after 1 (one) day, please contact the Service Provider, as it is possible that your registration intentions have not been received by the Service Provider's system due to technical reasons.
If the registration is successful, the User will receive his/her own user account, which contains the details of the registrant in the My details and Fitbaby/My details sections, and, in the case of Services subject to the payment of a subscription fee, the details of their use in the Fitbaby/My Subscription section (name of the Service, subscription fee, date of payment of the subscription fee, start and end of access).
The User is obliged to keep the email address and the access password confidential and not to disclose or make them available to anyone else. If the User forgets his/her password, the Service Provider will provide a new password upon his/her request by sending it to the e-mail address provided at the time of registration, and will also invalidate the previous password. The User shall immediately change the new password provided in the e-mail in the user account. If the User notices that his/her password has been made available to a third party or that his/her password has been misused, he/she shall immediately notify the Service Provider in writing and change his/her password without delay.
The User is obliged to transfer any changes to his/her data to the user account no later than 8 (eight) days after the change.
The User may at any time request the deletion of the user account in its entirety by sending an email to the Service Provider, on the basis of which the Service Provider will delete the user account within 5 (five) working days and will send you an email confirmation of the deletion. This shall constitute termination of the Contract and the Contract shall terminate without any further conditions. In such a case, the User may not claim further access to the Services subject to the payment of the subscription fee, or a refund of the subscription fee already paid. In the event of deletion, the User's data will be immediately removed from the system; however, this will not result in the deletion of data and documents related to orders already placed. Once the user account has been deleted, the data can no longer be restored, but the former User is entitled to re-register at any time.
If you do not receive a cancellation confirmation email after 5 (five) working days, please contact the Service Provider, as your cancellation request may not have been received by the Service Provider's system due to technical reasons.
The duration of data processing is from the moment you click on the "Register" icon during the registration process until the deletion of your user account, except for:
a) in the case of the use of Services subject to the payment of a subscription fee, the data contained in the invoices issued for the subscription fee, as the Service Provider is obliged to keep the invoices for 8 (eight) years pursuant to Article 169 (2) of Act C of 2000 on Accounting;
b) in the event of a dispute between the User and the Service Provider, the Service Provider is entitled to process the data necessary to enforce her rights until the dispute is resolved.
The data controller: only the Service Provider is entitled to process the User's data.
The hosting provider and the electronic payment service provider perform data processing activities in connection with the Service.
Data of the hosting provider (hereinafter referred to as "Hosting Provider"):
a) Name: ATEDIN Bt.
b) Headquarters: 1126 Budapest, Kiss János altábornagy u. 11.
c) court of registration, company registration number: Fővárosi Törvényszék Cégbírósága, Cg. 01-06-761918
d) Contact: phone: +36 70 3662073
e-mail address: email@example.com
Details of the payment service provider (hereinafter "Payment Service Provider"):
a) Name: Barion Payment Zrt.
b) Headquarters: 1117 Budapest, Infopark sétány 1. I. épület 5. emelet 5.
c) court of registration, company registration number Fővárosi Törvényszék Cégbírósága, Cg. 01-10-048552
d) Contact: phone: +36 1 4647070
The Service Provider has the right to know the data, the Service Provider shall treat them confidentially and shall not disclose or transmit them to third parties without the User's specific consent, unless this is necessary for the provision of the Service or the enforcement of her rights, or if required by law or a final court or official decision, in particular the Service Provider shall be entitled to transfer or make available to the Hosting Provider or the Payment Service Provider the data necessary for their activities.
If you have forgotten your login password, you can click on the "Forgot your password?" icon to enter your email address, to which the Service Provider will send a new login password. You must immediately change the password provided in the e-mail confirmation in your user account.
10. The subscription fee and how to pay it
10.1 Services included in the subscription
The Service Provider is obliged to clearly indicate on the Website if the viewing of an educational article or audiovisual content is subject to the payment of a fee. In this case, the use of the Service is subject to the prior payment of the subscription fee after registration.
10.2 The duration of the subscription
The Fitbaby Exercise System is divided into 12 (twelve) month exercise packages from birth to walking, based on the average developmental rate of babies. From these, the User chooses the first Fitbaby Exercise package to subscribe to, according to the level of mobility of his/her baby. The User can choose to subscribe to a one-month, two-month or three-month Fitbaby package.
The User has the right to use the
a) one month of the Fitbaby Exercise package for 8 (eight) weeks,
b) two months of the Fitbaby Exercise package for 16 (sixteen) weeks,
c) three months of the Fitbaby Exercise package for 24 (twenty-four) weeks
for 24 weeks. In this regard, the subscription is for a fixed term and the Contract for the Services subscribed to is for a fixed term.
The subscription fee entitles the User to view the exercise video(s) and educational articles included in the Fitbaby package selected by the User, from the subscription start date until the subscription expiry date. Within this period, the User may view the selected Fitbnaby package an unlimited number of times and the Service Provider shall make it available on a continuous basis. In the case of a subscription for several months, the User will also have access to the package(s) of gymnastics exercises following the first package selected, according to the length of the subscription.
10.3. Subscription start date and expiry date
The start date of the subscription shall be the date of payment of the subscription fee, provided that the User has requested the Service Provider to start the performance of the contract before the expiry of the withdrawal period under clause 10.4. If the User has not made such a declaration, the subscription will start on the day following the cancellation deadline in accordance with point 15.1.
The subscription will expire at the end of the day of the last week of the subscribed period corresponding to the starting calendar day. (For example: if your subscription starts on Friday 30 September, your 8-week subscription to the one-month Fitbaby package will expire on Friday 25 November at 23:59 59 seconds.)
10.4 Technical steps for subscription, procedure in case of incorrectly indicated charges
The User can initiate the subscription by clicking on the "Subscribe only", "Subscribe to Fitbaby Exercises" or "I want to subscribe" icon. When doing so, you must provide the following billing information (or add to existing information): billing name, billing address. If the mandatory fields are not filled in, a warning will be displayed and the field(s) will be marked in red. The User's country is automatically identified by the system.
When subscribing, the User selects how many months of Fibaby packages he wishes to subscribe to and which should be the first package, and the Service Provider displays the corresponding subscription fee and the subscription period.
The Service Provider's service is currently exempt from VAT. The Service Provider is subject to the special tax on businesses that charge a tax on expenditure (KATA). The subscription fee shown includes the amount of VAT, if any, payable under Hungarian law and any charges for the billing period. The subscription fee shown is therefore the total monthly cost (excluding the cost of payment of the subscription fee by credit card, which is borne by the User).
It is considered a clearly misstated fee:
a) a subscription fee of HUF 0,
b) a subscription fee reduced with a discount but incorrectly indicating the discount (e.g. a subscription offered for HUF 500 with a 20% discount for an initial fee of HUF 1000).
In the event of an incorrect subscription fee, the Service Provider will offer the possibility to purchase the Service at the real price, in the knowledge of which the User may decide whether to order the Service at the real price or to cancel the subscription order without any adverse legal consequences.
By ticking the appropriate box before clicking on the "OK, subscribe" icon, you expressly agree that the Service Provider may start the performance of the Contract for the provision of the Service before the expiry of the 14-day withdrawal period pursuant to Article 20 (2) of Government Decree No. 45/2014 (26.II.) and in this case you expressly acknowledge that after the Service has been performed in its entirety, i.e. after access to the subscribed Service has been provided, you lose your right of withdrawal and termination pursuant to Section 15.1. By providing access to the subscribed Service, the Service as a whole shall be deemed to be completed pursuant to Section 17 (2) b) of Government Decree 373/2021 (30.VI.).
After clicking on the "One month subscription" or "Two months subscription" or "Three months subscription" button, a window will pop up showing the User's name, the amount to be paid, the subscription start and expiry dates and the Service to be subscribed.
The User may then click on the "X" icon to modify the subscribed amount or correct any data entry errors, or click on the "OK, I subscribe" icon to make a contractual declaration of subscription and initiate payment of the subscription fee. The Service Provider reminds you that it is your responsibility to ensure that the information you provide is entered accurately, as the Service will be performed and billed based on the information you provide. The Service Provider draws your attention to the fact that an incorrectly provided e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract. If the User has finalized the subscription order and discovers an error in the data provided, he/she must initiate the modification of the incorrect data as soon as possible. You may notify the Service Provider of a change to an incorrect subscription order by sending an e-mail to the e-mail address you provided when ordering the subscription or by calling the Service Provider.
10.5. Binding nature of the offer
The information provided on the Website does not constitute an offer by the Service Provider to enter into a Contract. For orders covered by these GTC, you shall be deemed to be the contractor.
By clicking on the "OK, subscribe" button, you expressly acknowledge that your offer is deemed to have been made and that your declaration - in the event of confirmation of the subscription order by the Service Provider - will entail payment obligations. You are bound by your offer for a period of 48 (forty-eight) hours.
If the Service Provider does not confirm acceptance of your offer within 48 (forty-eight) hours of sending your subscription order, you are released from your obligation to accept the offer, i.e. you are no longer obliged to purchase the Service.
10.6. Confirmation of the subscription order, conclusion of the Contract for the Services subscribed
The Service Provider is obliged to confirm the receipt of the User's subscription order to the User by electronic means without delay, but within 48 hours at the latest.
If you do not receive the confirmation e-mail within this period, please contact the Service Provider, as your subscription order may not have been received by the Service Provider's system due to technical reasons.
The Contract between the Parties for the Subscribed Services is concluded upon confirmation of the order, for a limited period of time, when an email sent by the Service Provider confirming acceptance of the order becomes available to you in your mail system.
If the confirmation of the order is not received by the User's registered e-mail address within 48 hours, the User is no longer bound by the offer, i.e. he/she is not obliged to purchase the Services.
The subscription order acceptance email contains:
the details of the subscription resulting from the accepted order;
the text of these GTC in force at the time of sending the subscription order;
a link to the text of the Privacy and Data Protection Policy in force at the time the subscription order is sent;
a link to the Payment Service Provider's payment information;
a link to the Service Provider's Information Notice pursuant to Section 14 and Section 15 (1) of Government Decree No. 45/2014 (II. 26.);
the information notice on the right of withdrawal or termination and the model text of the withdrawal or termination notice;
if the User has requested in accordance with Section 10.4 that the Service Provider commence performance of the contract before the expiry of the withdrawal period in accordance with Section 15.1, and has acknowledged by an express declaration that he/she will lose the right of withdrawal and termination in accordance with Section 20 of Government Decree 45/2014 (26.II.), the Service Provider's confirmation of this declaration.
The Service Provider is entitled to combine the contents of the email confirming the acceptance of the subscription order pursuant to this clause and the email confirming the payment of the subscription fee pursuant to clause 10.8 into one email and send it to you as such.
10.7. Payment of the subscription fee
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.
The subscription fee is paid electronically by credit card using the online payment system of Barion Payment Zrt. as an external payment service provider ("Payment Service Provider"). The User will be redirected to the Payment Service Provider's online payment website by clicking on the "OK, subscribe" icon.
The system uses a secure channel and is automatic. The Payment Service Provider does not receive any information from the Service Provider about the personal data related to the order and the content of the purchase, nor does the Service Provider receive information about the data content of the payment website, in particular the credit card data, which are not stored by the Service Provider.
The amount paid as the total amount of the order will be reserved immediately on the User's current account. The Payment Service Provider provides detailed information on how to pay by credit card on the payment website. The cost of payment by credit card shall be charged to the User.
The subscription fee is considered paid when it is credited to the Service Provider's bank account.
To the extent permitted by applicable law, the Service Provider hereby excludes their liability for any breach of contract or non-contractual damages caused by a technical failure for which the Payment Service Provider is responsible or otherwise in the Payment Service Provider's interest.
10.8 Acknowledgement of payment of the subscription fee, provision of access to the subscribed Service, deadline for performance
The Service Provider shall confirm the successful payment of the subscription fee via the Payment Service Provider to the User by e-mail within 3 (three) working days at the latest, informing the User of the expiry date of the subscription and that access to the subscribed services has been activated in the User's account, provided that the User has requested the Service Provider to start the performance of the contract before the expiry of the withdrawal period under clause 15.1, in accordance with clause 10.4.
If the User has not made such a declaration, the subscription will start on the day following the cancellation deadline under clause 15.1 and therefore the User will only have access to the subscribed services on that subscription start date.
The Service Provider shall send the User an electronic invoice for the paid subscription fee together with the confirmation.
If you do not receive the confirmation e-mail within 3 (three) working days, please contact the Service Provider, as it is possible that the Payment Provider's confirmation has not been received by the Service Provider's system due to technical reasons.
If, for technical or other reasons, the receipt of the subscription fee by the Service Provider fails, the Service Provider is entitled to suspend the User's access until the fee is received.
The User can view the free audiovisual material included in the subscribed Fitbaby package(s) and the free audiovisual material in the Fitbaby/Baby-exercise section of the user account.
11. Gifting a subscription, technical steps of gifting
You as the Gift Donor have the option to gift a subscription to a third person you designate as the Gift Recipient, in the "Gift a Baby Moving Package" section.
In this case, for the purposes of these GTC, both you as the Donor and the Gift Recipient who actually uses the Service are considered Users and both are subject to the terms and conditions of these GTC, with the exception that the Donor is solely responsible for the payment of the fees.
The provisions of these GTC shall apply to subscriptions by way of gift, subject to the exceptions set out in clauses 11.2 to 11.7 below.
In the case of a gift, points 9.2 and 10.4 apply with the following exceptions:
You as the Donor must provide your name, email address, billing address and telephone number.
If the mandatory fields are not filled in, a warning will be displayed and the field(s) will be marked in red. The User's country is automatically identified by the system.
The Service Provider may process the data specified in this section for the purposes of creating, defining the content of, amending, monitoring the performance of, billing the fees arising from, and enforcing claims in connection with this contract, as well as for the provision of the Service and for the duration necessary for the provision of the Service, as follows:
Purpose(s) of Data processing:
creating, defining the content of, amending, monitoring the performance of the Contract, enforcing claims in connection therewith, providing the Services, maintaining contact with
Donor’s email address
billing, contacting and claiming fees for the Services
billing, contacting and claiming fees for the Services
When subscribing, you as the Donor indicate how many months of the Baby Exercise package you wish to gift, and the Service Provider will display the corresponding subscription fee and subscription duration. The first package must be specified when the gift subscription is activated.
The subscription fee shown includes the amount of VAT, if any, payable under Hungarian law and any charges for the billing period. The subscription fee shown is therefore the total monthly cost (excluding the cost of paying the subscription fee by credit card, which is borne by you as the `Donor`).
After clicking on the "One Month Subscription" or "Two Month Subscription" or "Three Month Subscription" button, a pop-up window will appear showing the name of the Donor, the email address of the Donor and the Service to be subscribed.
The Donor is then entitled to click on the "X" icon to modify the subscribed quantity or correct any data entry errors, or click on the "OK, I am giving a subscription" icon to make a contractual declaration of subscription and initiate payment of the subscription fee.
By clicking on the "OK, I am gifting a subscription" icon, the Donor expressly agrees that the Service Provider may start the performance of the Contract for the provision of the Service before the expiry of the 14-day withdrawal period pursuant to Article 20 (2) of Government Decree No.45/2014 (26.II.) and in this case expressly acknowledges that after the performance of the Service in its entirety, i.e. the provision of access to the subscribed Service, the Donor loses his/her right of withdrawal and termination pursuant to clause 15.1.
In the case of a gift, for the purposes of Clause 10.5, the Donor is deemed to be the Offerer and makes its offer by clicking on the "OK, I'm gifting a subscription" icon.
For the purposes of clauses 10.6 and 10.7, in the case of a Gift, the Gift Donor shall be deemed to be the User.
In the case of a gift, point 10.8 applies with the following exceptions:
The Service Provider is obliged to confirm the successful payment of the subscription fee via the Payment Service Provider to the Donor by e-mail within 3 (three) business days at the latest, and to inform the Donor by e-mail that the Giftee's access to the Subscribed Services is
a) the Gift Donor must forward the confirmation email to the Gift Recipient;
b) the Recipient must register and select the first package of the Service;,
c) the Gift Recipient must email his/her email address and confirmation email to the Service Provider.
The Service Provider shall activate the subscription (provide access to the subscribed Services) within 24 (twenty-four) hours after the fulfilment of these conditions.
The Gift Recipient's completion of the registration and selection of the first package shall be deemed to constitute acceptance of the Gift.
The Service Provider will send an electronic invoice to the Donor for the paid subscription fee together with the confirmation.
Point 9 shall apply to the process of registration and processing of the Recipient's data.
The Donor and the Recipient shall ensure that the email required for the activation of the gift subscription in the mailing system of the Donor and the Recipient in accordance with clause 11.5 is not accessible to unauthorised third parties, in particular that it is not forwarded to unauthorised third parties. The Service Provider excludes their liability for any damage caused by a breach of this clause or otherwise caused by an error or malfunction (including, without limitation, phishing, data loss, virus attack) in the operation of the mailing system of the Gift Donor and the Gift Recipient. If the email confirming the gifted subscription in the mail system of the Donor and the Gift Recipient, as referred to in clause 11.5, is accidentally deleted, please contact the Service Provider.
12. for use of the Service, copyright protection
The User acknowledges that the educational articles or audiovisual content available or made available on the Website are protected by copyright, and therefore the User is entitled to use the Service only under the conditions provided in these GTC.
The User acknowledges that he/she is entitled to view both the free Service and the Service subject to a subscription fee. In particular, the User is not entitled to
a) reproduce it, including downloading it to any medium, saving it on any medium;
b) distribute or retransmit in any way, including by giving, sending or making available the Service or the user email address or name and password that provide access to the Service or the Service, or by sharing subscription content, to any third party, free of charge or in return;
c) adaptation, translation into other languages;
d) transfer their rights of use to another third party (not including the gift of a subscription under point 11).
The User acknowledges that the Service is provided by the Service Provider under the terms and conditions set out in these GTC exclusively to private individuals for private use. Individuals for non-private purposes, legal entities or other organisations are entitled to use the Services, in particular to use educational articles or audiovisual content or parts thereof, in any form, printed or digitalised, as educational material for the training of physiotherapists, physiotherapists, physiotherapists or other professionals, as educational material for parent training or for other educational purposes, only on the basis of a separate, individual contract of use concluded with the Service Provider and on the basis of individual remuneration.
Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the Website is a copyright work, and therefore all parts of it are protected by copyright. The Copyright Act (Szjt. Pursuant to Article 16(1) of the Website, it is prohibited to use the graphics, software or computer programs contained on the Website without the prior written permission of the copyright owner, or to use any application that may modify the Website or any part thereof. Any material from the Website and its database may be reproduced, even with the written consent of the copyright holder, only with reference to the Website and with acknowledgement of the source. The rights owner: the Service Provider.
13. Limitation of liability for unprofessional use of knowledge
The Service Provider draws the attention of the User to the fact that the educational articles and audiovisual content on the Website are presented according to the age of the children and offer gymnastic exercises according to the level of development of movement generally typical for the age of the child. However, in the practical use of the educational articles and audiovisual content on the Website, special attention should be paid to the developmental level of the child and to the individual differences in his/her movement skills. If the User's child has not yet reached the normal developmental milestones for his/her age (e.g. head lifting, head turning, turning sideways and turning belly to back, back to belly, crawling, climbing, standing up, etc.), the exercises should be used according to the child's developmental level, not their age.
The Service Provider draws the User's attention to the fact that incorrectly chosen exercises or incorrectly executed exercises may in some cases cause muscle or joint strain.
Therefore, if the User is unsure about the correct use of the exercises or if the child resists, suspend the use of the exercises and seek the help of a physiotherapist to choose and teach the exercises correctly.
The Service Provider excludes, in all cases and to the maximum extent permitted by the legislation in force, their liability for any damage caused by failure to comply with this clause.
14. Warranty, technical protection measures, limitation of liability for website malfunctions
14.1 The summary of defective performance
Defective performance shall be deemed to exist if the Service does not comply with the quality requirements set out in this Contract or in the legislation at the time of performance, in particular in Article 5 and Articles 19-21 of Government Decree 373/2021 (30.VI.). The Service Provider is liable for defective performance.
14.2. General requirements for contractual performance for Users who are Consumers
Pursuant to Article 5 of Government Decree No. 373/2021 (30.VI.), the general requirements for the contractual performance of the Contract by a User who is a Consumer are:
For performance to be deemed to be in conformity with the contract, the Service must:
meet the description, quantity, quality, type, functionality, compatibility, interoperability and other characteristics specified in the Contract;
be fit for any purpose specified by the Consumer and brought to the Supplier's attention by the Consumer at the latest at the time of the conclusion of the Contract and accepted by the Supplier;
have all the accessories and instructions for use specified in the Contract, including activation instructions, installation instructions and after-sales support -; and
provide the updates specified in the Contract.
For performance to be deemed to be in conformity with the contract, the Service must:
be suitable for the purposes specified in the relevant code of conduct for the same type of service in the absence of a legal provision, technical standard or technical standard;
it must have the quantity, quality, performance and other characteristics which the Consumer could reasonably expect, in particular in terms of functionality, compatibility, availability, continuity and security, which are normal for the same type of service, taking into account any public statement, in particular in advertising or on a label, by the Supplier, its representative or any other person in the distribution chain, concerning the specific characteristics of the Service;
have the accessories and instructions that the Consumer could reasonably expect, including packaging and installation instructions -; and
comply with the characteristics and description of the service presented by the Service Provider as a sample, model or trial version prior to the conclusion of the contract.
The Service does not have to comply with the above public statement if the Service Provider proves that
did not know and did not need to know about the public statement;
the public statement has already been duly corrected by the time the contract is concluded; or
the public statement could not have influenced the Consumer's decision to enter into the contract.
14.3. Specific contractual performance requirements for the supply of digital content or the provision of a digital service in the case of a User who is a Consumer
Pursuant to Article 17 of Government Decree No. 373/2021 (30.VI.), the requirements for contractual performance in the case of a User who is a Consumer in the case of the supply of digital content or digital services are:
The Service Provider shall provide the Service to the Consumer without undue delay after the conclusion of the contract, in the latest version available at the time of conclusion of the contract..
The Service is deemed to be completed if
the digital content or any solution for accessing or downloading it has been delivered to the Consumer or to a physical or virtual device chosen by the Consumer for that purpose; or
the digital service has been made available to the consumer or has been made available to a physical or virtual device chosen by the consumer for that purpose.
The Service Provider shall be liable for any failure to comply with them. The Service Provider is liable to prove that the digital content was provided or the digital service was provided in accordance with this.
The Service Provider must ensure that the Consumer is notified of and receives any updates to the digital content or digital service, including security updates, that are necessary to maintain the digital content or digital service in conformity with the contract.. The Service Provider shall ensure that the update is made available for the duration of the provision of the digital content or digital service under the contract. Contractual performance must be guaranteed throughout the duration of the contract.
If the Consumer does not install the updates provided by the Service Provider within a reasonable period of time, the Service Provider shall not be liable for the failure of the Service if it is solely due to the failure to apply the relevant update, provided that
a) the Service Provider has informed the Consumer of the availability of the update and the consequences of the Consumer's failure to install it; and
b) the failure of the Consumer to install the update or the incorrect installation of the update by the Consumer is not due to a lack of installation instructions provided by the Service Provider.
Defective performance cannot be established if, at the time of conclusion of the Contract, the Consumer was specifically informed that a particular feature of the digital content or digital service deviates from the requirements set out in Article 5(3) or Article 17(3) and (4) of Government Decree 373/2021 (30.VI.) and the Consumer specifically and expressly accepted this deviation at the time of conclusion of the Contract.
14.4. Defective performance of the contract in supplying digital content or the provision of a digital service, in the case of a User who is a Consumer
The Service Provider shall be deemed to have failed if the digital content service or the digital service provision fails due to the improper integration of the digital content service or the digital service provision into the Consumer's digital environment, provided that
the integration of the digital content or digital service was carried out by the Service Provider or under the responsibility of the Service Provider; or
the digital content or digital service is to be integrated by the Consumer and the improper integration was caused by the lack of integration instructions provided by the Service Provider.
The Service Provider is liable for an error in the digital content or digital service if the error occurs or becomes apparent during the period specified in the Contract.
It is the Service Provider’s responsibility to prove that the Service affected by the defect detected during the Contract Period was in conformity with the Contract during the period of contractual performance of the Service.
The Service Provider is not held liabile if s/he proves that the Consumer's digital environment is not compatible with the technical requirements of the digital content or service and has informed the Consumer of this in a clear and comprehensible manner prior to the conclusion of the Contract.
The Consumer is obliged to cooperate with the Service Provider in order to enable the Service Provider to ascertain, using the means technically available to the Consumer and requiring the least intervention, that the cause of the fault is the Consumer's digital environment. If the consumer does not comply with the obligation to cooperate, after having been clearly and intelligibly informed of this obligation by the Supplier prior to the conclusion of the contract, the burden of proof that the Service affected by the defect discovered during the contractual period was not in conformity with the contract during the period of contractual performance of the Service shall lie with the Consumer.
14.5. General warranty claims
On the basis of his/her warranty claim, the User may, at his/her option and subject to the features of the Service and the limited rights of use under clause 12.2.
request repair or replacement, unless it is impossible to fulfil the chosen warranty or if it would result in disproportionate additional costs to the Service Provider, -in comparison to another warranty claim; or
may request a proportionate reduction of, or withdraw from the contract if the Service Provider has not undertaken the repair or replacement of the goods, cannot fulfil its obligation within a reasonable period of time, or if the rightful claimant's interest in the repair or replacement has ceased.
14.6. Specific rules for accessory warranty claims in the case of supplying digital content or digital services by a User who is a Consumer; the Obligations of the Service Provider and the Consumer in relation to Subsidiary Liability
A User who is a Consumer is entitled to request a proportionate reduction in the price or to terminate the Contract for the Service, depending on the seriousness of the breach of contract, if
a) repair or replacement is impossible or would result in disproportionate additional costs for the Service Provider;
b) the Service Provider has not fulfilled their contractual obligations;
c) there is a repeated failure of performance, despite the Service Provider's attempts to bring the goods into conformity with the contract;
d) the defect in performance is of such gravity as to justify immediate price reduction or immediate termination of the Contract; or
e) the Service Provider has not undertaken to render the Service in conformity with the contract, or it is clear from the circumstances that the Service Provider will not render the Service in conformity with the contract within a reasonable time or without significant detriment to the Consumer.
In the event of the exercise of the right to repair or replacement, the Service Provider shall, without significant inconvenience to the Consumer, and taking into account the nature and purpose of the Service, make the performance free of charge and in conformity with the contract within a reasonable time after the Consumer has notified the Supplier of the defect..
When exercising the right to repair or replacement, the Service Provider may, depending on the technical characteristics of the Service, choose the method of making the digital content or digital service contractually compliant.
The reduction shall be proportionate if it is equal to the difference between the value of the Service actually provided to the Consumer and the value of the Service due to the Consumer in case of contractual performance.
As the Contract is for the provision of a continuous service for a certain period of time, the pro-rata reduction must relate to the period during which the Service was not in conformity with the Contract.
If the Consumer wishes to terminate the contract on the grounds of defective performance, it is the Service Provider’s responsibility to prove that the defect is insignificant.
If the Supplier provides or undertakes to provide digital content or a digital service and the consumer provides or undertakes to provide only personal data to the business, the consumer is entitled to terminate the contract even if the defect is insignificant, but may not claim a proportionate reduction of service provision.
The right of the Consumer to terminate the Contract may be exercised by means of a legal declaration addressed to the Service Provider expressing the decision to terminate the Contract.
If the Service Provider fails to fulfil its obligation to perform, the Consumer is obliged to request the Service Provider to perform. If, despite the Consumer's request, the Supplier fails to supply or provide the Service without delay or within a period of grace agreed by the Parties, the Consumer may terminate the contract.
The Consumer may terminate the Contract without notice to the Service Provider for performance if
a) the Service Provider has not undertaken to provide the Service or it is clear from the circumstances that it will not provide the Service; or
b) it is evident from the agreement of the Parties or from the circumstances in which the contract was concluded that it is essential for the Consumer to perform within the time limit and the Service Provider fails to do so.
In the event of termination of the Contract, refund is to be paid in relation to the period of non-performance and any fees that have been pre-paid in advance by the Consumer that would have been due for the remaining duration of the Contract in the event of non-termination of the Contract.
If the Consumer has the right to a proportionate reduction of fees or termination of the Contract, the Service Provider shall fulfil its obligation to refund without delay, but no later than fourteen days after becoming aware of the exercise of this right.
The Supplier will refund the amount refunded to the Consumer in the same way as the payment method used by the Consumer. Upon the express consent of the Consumer, the Service Provider may use another method of payment for the refund, but the Consumer shall not be charged any additional fee. The Service Provider is liable for any addtional costs.
In the event of termination of the Contract, the Service Provider may prevent the Consumer from continuing to use the Service, in particular by making the Service inaccessible to the Consumer or by disabling the Consumer's user account. The blocking of the account does not affect the Consumer's right under Article 15(3) of the General Data Protection Regulation to request a copy of the content that constitutes his/her personal data from the Service Provider, which must provide the Consumer with the opportunity to do so within a reasonable time.
In the event of termination of the Contract, the Consumer shall refrain from using the Service and making it available to third parties.
The Consumer shall pay a fee for the use of the Service for the period prior to the termination of the Contract in proportion to the Service contractually provided.
14.7. Time limit for claiming the guarantee
Users may assert their warranty claims within the limitation period of 1 (one) year from the date of performance, and Users who are Consumers may assert their warranty claims within the limitation period of 2 (two) years from the date of performance. The User shall notify the Service Provider of the error without delay upon discovery of the error; the User is liable for any damage resulting from the delay in communication.
14.8. Warranty and guarantee
The User acknowledges that the Service Provider has no product warranty or guarantee obligation.
14.9. Technical protection measures, limitation of liability for website malfunctions
The Service Provider shall take all reasonable measures to ensure the continuous and virus-free operation of the Website and the continuous and virus-free viewing of the content uploaded to the Website.
The availability of the servers providing the data displayed on the Website is above 99.9% per year. Regular backups of all data are made so that in the event of a malfunction, the original data can be restored. The data displayed on the Website is stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, encrypted by hardware support built into the processor.
The User acknowledges that he/she may use the Website exclusively at his/her own risk and accepts that the Service Provider excludes, in all cases and to the maximum extent permitted by the legislation in force, its liability for any defects in the proper functioning of the Website and any damage caused by the improper functioning of the Website, in particular loss of data or virus attacks. In the event of data loss, virus infection or other circumstances indicating such, the Service Provider is entitled to suspend the operation of the Website, suspend or block the User's access, suspend the performance of the Contract in order to prevent further damage.
15. The consumer's right of withdrawal and how to exercise it
Pursuant to Section 8:1(3) of Act V of 2013 of the Civil Code, a natural person acting outside the scope of his/her profession, self-employment or business activity is a Consumer. The User, being the Consumer, may withdraw from the Contract concluded under these GTCs within 14 (fourteen) days from the date of conclusion of the Contract without giving any reason. If the Consumer has requested the commencement of performance in accordance with clause 10.4 and performance has commenced, the Consumer shall have the right to terminate the Contract without notice within 14 days of the conclusion of the Contract.
By way of derogation from clause 15.1, and also with regard to Article 4(1) and Article 29(1)(m) of Government Decree No.45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses, since the subject matter of the Service is digital data content provided on a non-tangible medium, the User who is a Consumer may not validly exercise his right of withdrawal after the commencement of performance, provided that the provisions of clause 10.4. (or in the case of a gift, the Donor in accordance with Section 11.2), the Consumer has expressly requested the Service Provider to commence performance before the expiry of the withdrawal period pursuant to Section 20 (2) of Government Decree 45/2014 (26.2.2014) and has expressly acknowledged that he/she loses his/her right of withdrawal and termination pursuant to Section 15.1 after the Service has been performed in its entirety, i.e. after access to the subscribed Service has been provided. By providing access to the subscribed Service, the Service as a whole shall be deemed to be completed in accordance to Section 17 (2) b) of Government Decree 373/2021 (30.VI.).
A User who is a Consumer may exercise his right of withdrawal and termination subject to Section 15.1 by means of a clear declaration of withdrawal or by using the model declaration set out in Annex 2 of Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses. The right of withdrawal or termination shall be deemed to have been exercised in due time if the User who is a consumer sends the declaration of withdrawal or termination to the Service Provider within the time limit set out in point 15.1. The User who is the Consumer is liable of proving that the right of withdrawal or termination has been duly exercised.
If the Consumer User has validly withdrawn from the contract in accordance with Clauses 15.1 and 15.3, the Service Provider shall refund the full amount of the subscription fee paid by the Consumer User, including the costs incurred in connection with the performance, without undue delay, but no later than 14 (fourteen) days from the date of its knowledge of the withdrawal.
16. Amendment, termination, right of termination, right to develop content
The Service Provider shall be entitled at any time to initiate a modification of the GTC or the subscription fees, including for the Contract already concluded, by sending an offer for the modification of the GTC or the subscription fee, indicating the date of entry into force of the modified GTC or the modified subscription fee.
Any modification of the GTC or of the subscription fees, including those already included in the contract, shall be made by mutual agreement, as follows:
a) If you expressly accept the amendment to the GTC or the subscription fee, the amended Contract will enter into force on the date indicated..
b) If you have not accepted or opted out of the offer to amend the GTC or the offer to amend the subscription fee, the Contract will remain in force (but the Service Provider may terminate the Contract for free Services under clause 16.2 and terminate the Contract for free or subscription Services under clauses 16.4 and 16.6).
Either party, i.e. both you and the Service Provider, may terminate the contract for the Free Services at any time without giving any reason by written notice to the other party. You can initiate the termination by sending an email to the Service Provider or by sending it to the Service Provider as set out in section 18.2. The Service Provider shall send the notice of termination to you in accordance with clause 18.2.
The fixed term Contract for the Subscribed Services may not be terminated by either party, but shall terminate at the end of the current subscription period, except in the cases of termination under Sections 16.4 - 16.6.
In justified cases, the Service Provider is entitled to suspend the provision of the Service, or to cancel the registration or block the User's access, in particular
in the event of the detection of a virus infection or of circumstances suggesting such an infection;
if the information provided is false or incomplete;
in the event of any misuse of the personal data of the Service Provider, the right holder and/or other users, the Service system or the Service.
The Service Provider is obliged to inform the User of the reason for the suspension or cancellation or blocking. The Contract shall terminate without any further conditions upon cancellation of the registration for the Services subject to registration, or otherwise by blocking the User's access. In the event of cancellation or blocking for reasons not attributable to the User, the Service Provider shall refund the paid subscription fee to the User within 14 (fourteen) days of the cancellation or blocking.
The Service Provider is entitled to continuously update the content uploaded to the Website in order to improve professional development, updating, virus protection and protection against unauthorized use. In this case, the Provider shall ensure that the User has access to the latest version of the content subscribed to on the basis of the subscription fee paid. The Consumer will not incur any additional costs in connection with the content change.
Prior to the modification of the content, the Service Provider shall inform the Consumer in a reasonable time, on a durable medium, about the characteristics and the time of the modification, the possibility of exercising the right of termination under this Clause 16.5 and if the Consumer has the possibility to request not to modify the content.
The Consumer has the right to terminate the Contract free of charge within thirty days of receipt of the information or of the modification of the content of the Service, if the performance of the Contract under the modified conditions adversely affects his /heraccess to or use of the Service, unless the adverse effect of the modification is minor. In the event of termination, the rules of Section 14.4 on the termination declaration and the Service Provider's obligation to refund the subscription fee on a pro rata basis shall apply. This right of termination may not be exercised if the Service Provider ensures that the Consumer can keep the Service without modification at no additional cost, provided that the performance remains contractual without modification.
16.6. The Service Provider shall be entitled to terminate the availability of certain content uploaded to the Website at any time without giving any reason, or to terminate the operation of the Website without giving any reason, and the Contract between the Parties shall terminate in whole or in part without any further conditions. With regard to subscribed content, the Service Provider shall inform the User thereof at least 7 (seven) days prior to the termination of availability and shall notify the User of the termination of the content concerned or the Website as a whole, unless the Service Provider is obliged to remove the content earlier by law or by a court or official decision. With regard to subscription-related content, the Service Provider is obliged to refund the paid subscription fee to the User on a pro rata basis within 14 (fourteen) days of the termination of availability.
17. Complaints handling, enforcement
17.1. Complaint to the Service Provider
The Consumer may submit complaints or objections regarding the Service or the Service Provider's activities to the following contact details:
Dankuliné Gazsovics Edit Sole Proprietor
place of complaint, postal address: 1223 Budapest, Rózsakert u. 41.
The Consumer's complaint may relate to the conduct, activity or omission of the Service Provider or of a person acting in the Service Provider's interest or on the Service Provider's behalf directly related to the marketing or sale of the service to consumers.
The verbal complaint should be investigated immediately and remedied as necessary. If the Consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take a record of the complaint and its position and shall provide a copy of the record.
a) in the case of an verbal complaint made in person, to the Consumer on the spot,
b) in the case of an verbal complaint made by telephone or other electronic communication service, to the Consumer, at the latest at the same time as the substantive reply, in other cases, it shall proceed in accordance with the rules applicable to written complaints.
The Service Provider shall assign a unique identification number to any verbal complaint made using the electronic communications service.
The record of the complaint must include the following:
a) User’s name and address,
b) The location, time and mode the complaint was lodged,
c) a detailed description of the Consumer's complaint, a list of the documents, records and other evidence presented by the Consumer,
d) a statement of the Service Provider's position on the Consumer's complaint, if an immediate investigation of the complaint is possible,
e) the signature of the person who took the minutes and, except in the case of an verbal complaint made using an electronic communications service, the signature of the Consumer,
f) the location and time the minutes were taken,
g) in the case of an verbal complaint made using an electronic communications service, the unique identification number of the complaint.
Unless otherwise provided by a directly applicable legal act of the European Union, the Service Provider shall reply to the written complaint in writing within thirty days of receipt and shall take measures to communicate the complaint. A shorter deadline may be set by law, and a longer deadline by statute. The Service Provider shall give reasons for rejection of the complaint..
The Service Provider shall keep the record of the complaint and a copy of the reply for five years and shall present it to the supervisory authorities upon request.
If the complaint is rejected, the Service Provider shall inform the Consumer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the telephone and Internet contact details and postal address of the competent authority or conciliation body of the Consumer's place of residence or stay.. The information must also include whether the Service Provider will use the conciliation procedure to settle the consumer dispute.
17.6. Enforcement options
In the event that any consumer dispute between the Service Provider and the Consumer is not resolved during the negotiations, the following enforcement options are available to the Consumer:
a) Consumer protection procedures
Complain to the consumer authorities. If you are a Consumer and you consider that your consumer rights have been infringed, you have the right to lodge a complaint with the consumer protection authority in your place of residence. Once the complaint has been dealt with, the authority will decide whether to proceed with the consumer protection procedure. The first-level consumer protection authorities are the government offices of the capital and county where the Consumer resides, a list of which can be found here: http://www.kormanyhivatal.hu/
b) Court proceedings
Any User is entitled to enforce his/her claim arising from the dispute, the Consumer is entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
c) Conciliation Body procedure
If you are a Consumer, you may have a consumer complaint against the Service Provider. If your consumer complaint has been rejected by the Service Provider, you also have the right to apply to the conciliation body at your place of residence.
The conciliation body is competent to settle consumer disputes out of court. The role of the conciliation body is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, to make a decision about the case in order to ensure the simple, quick, efficient and cost-effective enforcement of consumer rights.
The conciliation body shall, at the request of the Consumer or the Service Provider, give advice on the rights and obligations of the Consumer.
To initiate the conciliation procedure, the Consumer must attempt to settle the dispute directly with the concerned Provider.
The conciliation procedure is initiated at the request of the Consumer. If the Consumer so requests, the conciliation body designated in the Consumer's application shall conduct the procedure.
The Service Provider is obliged to cooperate in the conciliation procedure. This includes the obligation for the Service Provider to send a response to the conciliation body's request and the obligation to appear before the conciliation body ("to ensure the attendance of a person authorised to negotiate a settlement at a hearing"). If the registered office or place of business of the Service Provider is not registered in the county of the Chamber of Commerce operating conciliation body, the Service Provider's obligation to cooperate shall include offering the possibility of a written settlement in accordance with the Consumer's request. In the event of a breach of the duty of cooperation, the consumer protection authority has decision making powers.
More information on the conciliation procedure is available here: http://www.bekeltetes.hu
For more information on the local Conciliation Boards, click here: https://bekeltetes.hu/index.php?id=testuletek
tact details for each regional Conciliation Board:
Baranya Megyei Békéltető Testület
Address: 7625 Pécs, Majorossy I. u. 36.
E-mail: firstname.lastname@example.org; email@example.com
Bács-Kiskun Megyei Békéltető Testület
Address: 6000 Kecskemét, Árpád krt. 4.
Phone: 06-76-501-500; 06-76-501-525, 06-76-501-523
E-mail: firstname.lastname@example.org; email@example.com
Békés Megyei Békéltető Testület
Address 5600 Békéscsaba, Penza ltp. 5.
Borsod-Abaúj-Zemplén Megyei Békéltető Testület
Address: 3525 Miskolc, Szentpáli u. 1.
Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Csongrád Megyei Békéltető Testület
Address: 6721 Szeged, Párizsi krt. 8-12.
Fejér Megyei Békéltető Testület
CAddressím: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Győr-Moson-Sopron Megyei Békéltető Testület
Address: 9021 Győr, Szent István út 10/a.
Hajdú-Bihar Megyei Békéltető Testület
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Heves Megyei Békéltető Testület
Address: 3300 Eger, Faiskola út 15.
Jász-Nagykun-Szolnok Megyei Békéltető Testület
Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306.
Phone: 06-56-510-621, 06-20-373-2570
Komárom-Esztergom Megyei Békéltető Testület
Address: 2800 Tatabánya, Fő tér 36.
Nógrád Megyei Békéltető Testület
Address: 3100 Salgótarján, Alkotmány út 9/A.
Pest Megyei Békéltető Testület
Address: 1119 Budapest, Etele út 59-61. II. emelet 240.
Levelezési cím: 1364 Budapest, Pf.: 81
Somogy Megyei Békéltető Testület
Address: 7400 Kaposvár, Anna u.6.
Szabolcs-Szatmár-Bereg Megyei Békéltető Testület
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Tolna Megyei Békéltető Testület
Address: 7100 Szekszárd, Arany J. u. 23-25. III. emelet
Vas Megyei Békéltető Testület
Address: 9700 Szombathely, Honvéd tér 2.
Veszprém Megyei Békéltető Testület
Address: 8200 Veszprém, Radnóti tér 1. földszint 116.
Zala Megyei Békéltető Testület
Address: 8900 Zalaegerszeg, Petőfi u. 24.
d) Online dispute resolution platform
The European Commission has set up a website where consumers can register and settle their online shopping disputes by filling in an application form, avoiding court proceedings. This allows consumers to enforce their rights without, for example, being prevented by distance.
If you want to raise a complain about a product or service you bought online and don't necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader you have raised a complained against can jointly choose the dispute resolution body you want to deal with your complaint. The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
e) Reporting and complaints about media services
In the event of a violation of the media administration rule, anyone may file a complaint with the National Media and Infocommunications Authority (1015 Budapest, Ostrom u. 23-25.; postal address: 1525. Pf. 75; e-mail: firstname.lastname@example.org), pursuant to Article 145 of Act CLXXXV of 2010. You can also register your complaint via the registration form at https://nmhh.hu/tart/report/2.
In the event of the detection of conduct related to the provision of a media service that does not constitute a breach of a rule on media administration or electronic communications and does not fall within the competence of the Media Council, the President of the National Media and Infocommunications Authority or the Office of the National Media and Infocommunications Authority, but which causes or is likely to cause damage to the legitimate interests of users, subscribers, consumers, viewers, readers or listeners of the media service,
a) eone who has suffered harm or is in imminent danger of suffering harm, or
b) the association representing the interests of consumers, subscribers, users or viewers, listeners, readers
may lodge a complaint with the Office of the Media and Infocommunications Commissioner pursuant to Article 140 of Act CLXXXV of 2010.
18. Other provisions
The Service Provider has not signed up to the Code of Conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers, and no such code is available with the Service Provider.
The statements and notifications required under these GTC shall, unless otherwise specified
– must be made in writing and delivered personally, by registered letter with acknowledgement of receipt, by post, by courier or by e-mail to the address of the Service Provider as specified in point 2 or to the address provided by the User during registration. Statements and notices under these GTC shall be deemed to have been served on:
in the case of personal delivery or delivery by courier service, on the date of signature or refusal of signature of the acknowledgement of receipt (courier service record) by the addressee;
in the case of a postal item sent by registered letter with acknowledgement of receipt, on the date of receipt indicated on the acknowledgement of receipt or, in the absence of receipt, on the fifth working day after the attempted delivery of the item;
in the case of a declaration sent by e-mail, where the reading of the e-mail has been confirmed by the recipient by means of an automatic confirmation or a separate e-mail.
The Service Provider shall not discriminate between Hungarian and non-Hungarian Users, and shall provide the Service to all Users on the terms and conditions set forth in these GTC, in accordance with Hungarian law. The language of communication and purchase is primarily Hungarian, secondarily English, the Service Provider is not obliged to communicate with the User in the language spoken by the User. The subscription fee is payable by the non-Hungarian User in Euro, US Dollars or Hungarian Forint, at the User's choice, and the cost of bank conversion of the transfer initiated in a foreign currency is the liability of the User. If the User has not paid the full amount due to a difference in the exchange rate of the transfer initiated in a foreign currency or due to the deduction of bank charges, the User shall pay the difference immediately upon the Service Provider's request.
The invalidity of any provision of these GTC shall not affect the validity of the other provisions of this Agreement, unless the Parties would not have entered into this Agreement without the invalidated provision.
In matters not regulated in these GTC, the provisions of Hungarian law, in particular the provisions of Act V of 2013 on the Civil Code, shall prevail.
19. Relevant legislation
2013. évi V. Act on the Civil Code
1997. évi CLV. law on consumer protection
2001. évi CVIII. Act on certain aspects of electronic commerce services and information society services
45/2014. (II.26.) government decree on detailed rules for contracts between consumers and businesses
Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
Act LVII of 1996 on the Prohibition of Unfair Market Behaviour and Restriction of Competition l
Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers
Act LXXVI of 1999 on Copyright
2Act CXX of 2011 on the Right to Informational Self-Determination and Freedom of Information
REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation, GDPR)
Act CIV of 2010 on Freedom of the Press and the Fundamental Rules of Media Content
Act CLXXXV of 2010 on Media Services and Mass Communications
Dankuliné Gazsovics Edit