GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS (GTC)
This GTC describes how the Service Provider (Hereinafter referred to as: “Service Provider”, “Consultant”, “We” “Us” or "Data Controller”) as a life and health counselling consultant service provider provides organizes, conducts and coordinates and elaborates training plan suitable for the Customer's lifestyle and the related diet ("Personalized training plan package") providing the opportunity to conclude the agreement by means of distance contract though its’ webpage with the Customer (hereinafter also referred to as : “Customer”, “Consumer”, “Customer”, or “You”).
The contract may be concluded on counterparts and it is subject to this GTC which is governed by Hungarian law.
I. THE SERVICE PROVIDER:
Name of the Service Provider: Canoeing Solutions Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Registered seat of the service provider (which is at the same time the place of complaint handling): H-1149 Budapest, Beckó utca 20. 2. fl. 3.
Contact information of the service provider, which is at the same time its electronic address used regularly to communicate with the customers: firstname.lastname@example.org
Company registration number: Cg. 01-09-375085 registered in Hungary with the Metropolitan court of company registry
Tax number: 28811411-2-42
EU Tax number: HU28811411
Phone number: +36 30 285 20 96 / +36 70 318 36 65
Language of the contract: English
II. GENERAL PROVISIONS:
1. For issues not regulated in this GTC and for the interpretation of this GTC, the Hungarian laws shall apply, with special regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”) provided that the conflict of laws shall not be applied. The binding provisions of the relevant laws are applicable to the parties without separate agreement.
2. This GTC is entered into effect as of 23.10.2020, and remains effective until withdrawal. The Service Provider has the right to modify the GTC unilaterally to the extent permitted by law. The Service Provider publishes the modifications on the websites 15 (fifteen) days prior to their effective date.
3. By ordering the consultancy services offered by the Service Provider accepts this GTC as binding.
4. The Service Provider maintains all rights regarding the website, any of its details and the contents displayed, and also the distribution of the website. It is prohibited to download, electronically store, process and sell the contents displayed on website or any of their details, without the written consent of the Service Provider.
2. The Customer's order shall be regarded as accepted once both the Service Provider and the Customer have signed the relevant purchase order indicating the details of the ordered service and its price.
3. Performance schedule and other details of the consultancy services will be specified in the confirmation by the Service Provider.
4. In case the Service Provider does not perform its obligations undertaken in the contract, because the service defined in the contract is not available for any reason, the Service Provider shall inform the Customer and shall reimburse the sum paid by the Customer immediately, but no later than within 30 days. The Service Provider shall not be liable for any damage of the Customer and it shall not be obliged to reimburse any further costs of the Customer in that case.
5. The Service Provider is not liable for the modifications of the technical information not notified previously and made due to the supplier or reasons beyond its control. The Service Provider maintains its right to partially or completely refuse the orders already confirmed. Partial performance may be applied only after consulting with the Customer.
6. During purchasing, the Customer is obliged to provide their and any relevant third party's own and real data. The Customer acknowledges that the Service Provider needs at least  days to process the data provided by the Customer and that the Service Provider cannot start the performance of the ordered services until the Customer delivers the relevant data requested by the Service Provider. The Customer is responsible for the correctness of the provided data and the Customer shall be exclusively liable for any loss arising in connection with the provision of any false data and the Service Provider excludes any liability for such damage or loss. The Service Provider is not liable for any delay, or other problem or failure, which can be traced back to data wrongly or incorrectly provided by the Customer.
7. The Customer declares that it concludes the contract within its profession therefore it shall not be regarded as consumer ("fogyasztó") under the terms of the Civil Code.
IV. SERVICES AVAILABLE FOR PURCHASE
1. The displayed prices related to the services shall be interpreted in EUR, they include VAT prescribed by law (as applicable).
2. In case incorrect price is displayed on the surface of the Website despite the Service Provider’s due diligence, with special regard to manifestly incorrect prices such as prices significantly different from the publicly known, generally accepted or estimated price of the service, the Service Provider is not obliged to provide the service on the incorrect price, but may offer to deliver at the right price, knowledge of which price the Client may withdraw from the purchasing intent.
3. Based on Act V of 2013 on the Civil Code (Civil Code), the contract is concluded upon the mutual and consistent expression of the parties’ agreement. In case the parties cannot agree on the contractual terms, i.e. there is no statement mutually and consistently expressing the parties’ agreement, there is no valid contract, from which rights and obligations can be derived. Based on this, the confirmation of order on wrong/incorrect price shall be considered as a null and void contract.
4. The Service Provider has the professional competency to provide the consultancy services and it shall provide the services with due care and in a professional way subject to this GTC and to the other terms and conditions of the order.
V. PAYMENT OF SERVICE PRICE
1. The price for the services ordered by the Customer will be calculated on monthly and annual basis and determined based on the listed prices indicated on the website. Prices for broken month of periodic services will be set on a daily basis. If the Customer pays the entire annual price within 30 days calculated from the conclusion of the underlying contract the Service Provider will grant a monthly fee discount from the total amount of the annual price.
2. The Customer may perform the service price by bank transfer or through Western union to the Service Provider's bank account indicated on the invoice issued by the Service Provider within the deadline indicated therein. The price for periodic services shall be paid until the 7th of current month.
3. The Service Provider is not obliged to start to provide the ordered services until the total amount of the due monthly price has been fully paid. Further the Service Provider is entitled to suspend the periodic services if the Customer does not pay the due monthly prices until 15th of the current month.
VI. TERM OF THE CONTRACT, TERMINATION RIGHT
1. The Customer shall have the right to withdraw from the contract prior to the performance of the price within 15 days calculated from the conclusion of the Contract.
2. The contract shall be concluded for a definite period of a season (from [1 October] until [30 September] of the next year) provided that either party may terminate the contract by a minimum one month termination notice by the end of the month coming after the month in which the termination notice is delivered to the other party.
3. Otherwise none of the Parties shall have the right to terminate the Contract on any other title.
VII. WARRANTY RIGHTS
1. In case the Service Provider commits a fundamental breach of the Contract, the Customer may claim for warranty against the company in accordance with terms specified herein.
2. The Customer shall have option to choose from the following warranty claims: the Customer can claim for repair or replacement, unless compliance with the warranty right chosen by the Customer is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy. When the Customer does not or cannot claim for repair or replacement, the Customer may ask for a commensurate reduction in the consideration. The Customer shall not switch from the warranty right they have selected to another.
3. The Customer shall notify the failure immediately but no later than within 5 business days following the detection of the failure.
4. The costs incurred in connection with the fulfilment of warranty obligations shall be borne by the Service Provider (Civil code 6:166 §).
5. The Service Provider shall notify the Customer about its position regarding the alleged breach of contract within 5 business days.
VIII. MISCELLANEOUS PROVISIONS
1. In case any part of this GTC becomes invalid, unlawful or unenforceable, this does not affect the validity, lawfulness or enforceability of the remaining parts.
2. The Service Provider may employ subcontractors or agents for fulfilling its obligations. The Service Provider is liable for the conduct of that person as if itself had carried out the unlawful act.
3. If the Service Provider does not exercise its rights to which it is entitled based on the GTC, the failure of not exercising the rights cannot be deemed as waiver of those rights. Waiver of any rights is valid only in case of a related expressed written statement to the extent permitted by law.
4. The fact that the Service Provider once does not strictly insist on any essential part or clause of the GTC, does not mean that it has waived the right to later insist on the strict compliance with the given condition or clause.
5. The Service Provider and the Customer try to settle their disputes in a peaceful and amicable manner.
6. For the purpose of calculating deadlines and determining holidays Central European Time zone and the location of Hungary shall be applicable.
IX. INTELLECTUAL PROPERTY RIGHTS
1. The Service Provider's website, the logos and signs and the content of the consultancy services provided by the Service Provider is considered as a copyright work, it is prohibited to communicate again to the public, use in any other way, electronically store, download ,reproduce, process the contents or any of their details, without the express written consent of the Service Provider.
3. The Service Provider retains every rights to all elements of its service, domain name, secondary domain names generated with them and its internet advertising spaces.
X. DATA PROTECTION PROVISIONS
Conclusion of the contract and provision of the service specified in the GTC covers the provision of technical infrastructure for the data processing performed by the data controller and its data processor(s) listed in the Privacy Notice of the Service Provider (typically in the form of website storage, display and email service.
XI. DISPUTE RESOLUTION
The customer is entitled to enforce his/her claim arising from a consumer dispute in court in civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. Consumer complaints may be addressed to the district offices, and the Pest County Government Office acts with national jurisdiction in second instance cases.
□ – I give my explicit consent to the processing of my personal data concerning health
□ – I give my explicit consent to the subscription of newsletter service and direct marketing communications related and relevant to the provision of Personalized training plan package.
□ – I give my explicit consent to the processing of my anonymised personal data concerning health will be used for statistical purposes.
□ – I have read, understood, and accept the General Terms and Conditions.