General Terms and Conditions of Use
These General Terms and Conditions (hereinafter: GTC ) determine the terms and conditions of the sales contracts and related legal relationships (hereinafter: Contract) concluded between (Do Pilates Kft) (hereinafter: Service Provider ) and the customer (hereinafter: User ) ordering any product available in the web store through the web store available on the website ( dopilates.eu ).
If the User orders from the web store, he/she expressly accepts the provisions of these GTC.
- Service provider details
Company name: Do Pilates Ltd.
Headquarters: 3980 Sátoraljaújhely, Magyar Kálvária köz 6.
Tax number: 32671036-2-05
Electronic contact: info@dopilates.eu
Telephone contact: 06704314735
- The service provider operates the web store available on the website (dopilates.eu).
- Products sold by the service provider
- The Service Provider offers products including sports equipment, sports clothing and other sports items in the web store it operates.
- Scope and subjects of the general terms and conditions
- These GTC apply to the services available on the website, the use of the website, and the sale and purchase of products that can be ordered in the online store operating on the website.
- Parties to the Contract:
- The Service Provider identified above, as the operator of the website and seller of the products.
- User, as a buyer ordering a product from the webshop, as well as a person visiting the website. A user can be any – with regard to point 2.2. – legally capable natural or legal person, or an economic organization without legal personality, including foreign legal entities, if they accept the contractual terms and conditions set out here and recognize them as binding on them. The Contract to be concluded within the framework of these contractual terms and conditions may be concluded by an incapacitated person or a person with limited legal capacity in accordance with the provisions of Act V of 2013 on the Civil Code.
- The terms and conditions are effective from the time they are posted on the website and are valid for an indefinite period.
- For contracts concluded electronically between absent parties
general information regarding
- The language of the contract is Hungarian.
- Orders placed on the website are considered a legal statement made in the form of a referral. The content of the Contract concluded between the Service Provider and the User is determined by these GTC. The concluded Contract does not qualify as a written contract, it is not filed by the Service Provider, and it will not be accessible in writing later.
- It has not submitted itself to a service provider code of conduct, so it is not available to it.
- The information provided on the website does not constitute an offer to conclude a Contract on the part of the Service Provider. The User makes an offer by sending the finalization of the order. The User is bound by his offer for a period of 48 hours. The Service Provider is obliged to confirm the receipt of the order electronically without delay. If the confirmation does not reach the User within 48 hours, the User is exempted from the offer.
- The purchase prices indicated for the products are gross consumer prices, so for each product the total amount of the purchase price to be paid plus tax is shown. The prices indicated on the website are in HUF and do not include shipping costs. By concluding the Contract, the User also agrees to pay the shipping costs. The Service Provider does not charge packaging costs.
- The prices displayed on the website are for informational purposes only, and the Service Provider reserves the right to change prices.
- The Service Provider reserves the right to correct any incorrect price or other parameter in the order confirmation upon detection of the error, of which the Service Provider shall immediately notify the User after the correction. In this case, the User may accept the amended terms and conditions or withdraw from the Contract without any further consequences.
- The Service Provider retains ownership of the product until the purchase price of the product is paid, but the risk of damage passes to the User upon delivery of the product.
- How and steps to place an order
- The User can find out about the essential features of the products that can be ordered in the web store and the current prices of the products on the page describing the features of the given product before placing the order.
- The User can place the product in a virtual basket by clicking on the shopping cart icon on the product data sheet. If the User wishes to order multiple products, they can place multiple products in the basket as described above.
- The user can place their order online in the web store. Registration on the website is not a prerequisite for placing an order.
- After selecting products and placing them in the cart, the user can view the contents of the cart by clicking on the shopping cart button located at the header of the website.
- On the page showing the contents of the cart, the User has the option to modify the quantity of the selected products by retyping the number to the desired quantity, or to remove the given product from the cart by clicking on the "Remove Item" icon.
- After that, by clicking the "Proceed to payment" button, you must enter your name, billing and shipping address, phone number, and email address.
- Before submitting the order, the user will receive information about the current shipping fees and possible shipping restrictions, as well as possible payment methods, during the ordering steps.
- Tools provided to identify and correct data entry errors before sending the contractual statement:
- When entering incomplete or obviously incorrect data, a warning message will appear during the ordering process.
- The registered User can modify his/her personal data regarding the order during the ordering process. After entering the website, he/she can modify his/her registration data on his/her personal profile page, which can be accessed by clicking on the profile icon and then on the “Edit Account” inscription.
- The contents of the cart, order data and parameters can be checked, changed or even deleted at any time until the order is sent, by modifying or re-entering the data on the pages that appear as above during the ordering process, as described in the previous sections of this chapter of the GTC.
- After checking the above order data and correcting any data entry errors, the user can validly place their order by checking the declaration of acceptance of these GTC and clicking the button labeled "Send Order".
- After receiving the order, the Service Provider immediately confirms it to the User via automatic e-mail to the e-mail address provided by the User during the online order. The confirmation includes all costs to be paid by the User. The confirmation is considered to have been received by the User when it becomes available to him, i.e. it appears in the User's e-mail account. The confirmation of the order written here does not yet create a contract for the purchase of the product, this confirmation does not yet count as acceptance of the order by the Service Provider.
- After the start of processing the order, the Service Provider – if the order is accepted – informs the User about the acceptance of the order by e-mail. The contract for the purchase of the product is concluded upon the receipt of the e-mail message from the Service Provider to the User.
- The Service Provider draws the User's attention to the fact that the content of the confirmation of receipt of the order and the confirmation of acceptance of the order must be checked. If the content of either confirmation differs from the content of the order and the ordering User does not object to the discrepancy within 24 hours of receiving the confirmation, the content of the confirmation shall govern the contract. After notifying the Service Provider of the differing content of the confirmation, the Service Provider shall examine the indication and, if justified, correct the order.
- If the User wishes to change an order that has already been placed or has provided incorrect information, they must notify the customer service as soon as possible. It is important to do this immediately so that the Service Provider can correct the order before the start of fulfillment.
- If the order is corrected, the Service Provider will send a new confirmation of the order with the modified content, according to which the purchase contract will be created in accordance with the modification, or - in the case of a previously accepted incorrect order - will be modified.
- Payment terms
- When making a purchase in the web store, the user can fulfill their payment obligation by paying in advance online with a bank card.
- Prepayment via the online payment service provider selected by the User during the order submission process. The online credit card payment service is provided by the WooCommerce commercial platform. When using the service, the User can pay by credit card.
- When paying by bank card, the User provides the bank card details used for payment directly and exclusively to the WooCommerce commercial platform, the payment process is not redirected to another page. The WooCommerce commercial platform entrusts the Stripe payment service provider to transfer the amount paid for the purchase to the Service Provider's bank account within 8 days, which bank account is managed by Erste Bank Hungary Zrt.
- The payment service provider's terms and conditions provide additional terms and conditions for online payment, which the User can review prior to payment on the payment service provider's interface, to which they will be redirected during the ordering process.
- Delivery time and delivery conditions
- The ordered product will be delivered primarily by the contractual partner of the Service Provider distributing it to the delivery address provided by the User during the order within the deadline specified in the Service Provider's confirmation of acceptance of the order. Alternatively, the User may choose the option of personal collection at the following address:
Pick-up point name: do Pilates Club
Collection point address: 1136 Budapest, Hegedűs Gyula utca 8. 4th floor, 2
- The order processing takes a maximum of 2 business days, after which the ordered product is handed over to the carrier, who will deliver it within 3-5 business days within Hungary.
- If the Service Provider's contractual partner is unable to fulfill the order within the above deadline and the Service Provider becomes aware of this, the Service Provider will notify the User of the obstacle to fulfillment immediately after it arises.
- The User is entitled to determine the receipt of the product by the carrier at a parcel machine or by the User receiving the product at the collection point specified in Section 7.1.
- Only the Service Provider is entitled to choose the carrier.
- The User can find out the gross amount of the delivery fee to be paid by the User before sending the order, under the "Delivery information" menu item on the website.
- Parcel machine:
FoxPost Private Limited Company
Abbreviated name: Foxpost Zrt.
Company registration number: 10-10-020309
Tax number: 25034644-2-10
Headquarters: 3300 Eger, Maklár Street 119.
Phone: +36 1 999 0369
E-mail: foxpost_igazgatosag@foxpost.hu
Website: https://www.foxpost.hu/
Foxpost Zrt. will deliver the ordered product to the selected parcel machine within 3-5 working days of posting. Further information regarding delivery is contained in the “General Terms and Conditions” document available on the Foxpost Zrt. website (https://www.foxpost.hu/altalanos-szerzodesi-feltelek/).
- If the User does not receive the product ordered by him/her at the time of delivery without reason – including when the User is not available despite the Carrier’s repeated attempts to deliver, thus the delivery fails –, the Service Provider is entitled to sell the ordered goods to a third party. In this case, if the product is returned to the Service Provider’s contractual partner, the Service Provider will refund the purchase price paid in advance by the User – after deducting the transaction costs. The delivery fee is not included in the purchase price, in such a case – which does not qualify as exercising the right of withdrawal – it will not be refunded.
- The quantity, integrity and the existence of the necessary documents (invoice, user manual) of the ordered product(s) shall be checked by the User at the place and time of delivery, upon receipt, and any damage, shortage or other deviation shall be reported to the carrier. If the User experiences any damage or deviation to the delivered product upon delivery, the carrier shall be obliged to hand over the goods item by item at the User's request and to record this and any deviations or damages experienced on site. The carrier shall be primarily responsible for any damage to the product during transport, but the Service Provider shall bear the risk related to this until the time the product is handed over to the User. However, the User's failure to carry out the inspection upon receipt shall not affect the User's warranty rights or right of withdrawal without justification, which may be exercised in the same way in this case as described in point 8.
- Defective performance, warranty, guarantee, right of withdrawal
- Incorrect performance:
- The service provider performs defectively if the product does not meet the quality requirements established in the contract or by law at the time of performance.
- The Service Provider shall not perform defectively if the User was aware of the defect at the time of conclusion of the contract or should have been aware of the defect at the time of conclusion of the contract.
- In the case of a purchase by a User who is a consumer, it must be presumed that the defect recognized by the User within six months of the performance already existed at the time of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect. In practice, this means that in the case of a defect recognized within six months, the burden of proof lies with the Service Provider.
- Warranty:
- In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider based on the provisions of Act V of 2013 on the Civil Code.
- The user may – at his/her choice – make the following warranty claims:
- You may request repair or replacement, unless the fulfillment of the request chosen by the User is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of another request.
- If you did not or could not request the repair or replacement, you may request a proportional reduction in the consideration or the User may repair the defect at the Service Provider's expense, or have it repaired by someone else, or you may withdraw from the contract.
- You may switch from your chosen warranty right to another, but the cost of the switch will be borne by the User, unless it was justified or the Service Provider gave a reason for it.
- A User who is a consumer is obliged to notify the defect immediately after its discovery, but no later than within two months of the discovery of the defect. (In the case of a contract between a consumer and a business, a defect notified within two months of the discovery of the defect shall be deemed to have been notified without delay. The entitled party is liable for any damage resulting from the delay in notification.) At the same time, the Service Provider draws the User's attention to the fact that he/she may no longer enforce his/her warranty rights beyond the two-year limitation period from the performance of the contract.
- In the case of a purchase by a User who is a consumer, there is no other condition for asserting a warranty claim within six months of delivery, other than notification of the defect, if the User proves that the product or service was provided by the Service Provider. However, after six months from delivery, the User is obliged to prove that the defect recognized by the User already existed at the time of delivery.
- In the case of products with a shorter warranty period due to their nature, the above rights apply until the warranty period indicated on the product.
- Product warranty:
- In the event of a defect in a movable item (product), the User, who is considered a consumer, may – at his/her choice – assert the above-mentioned right to a warranty or a product warranty claim.
- As a product warranty claim, the User may only request the repair or replacement of the defective product.
- A product is defective if it does not meet the quality requirements in force at the time of its release to the market or if it does not have the properties specified in the description provided by the manufacturer.
- The User may assert his/her product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this deadline, he/she loses this right.
- The User may exercise his product warranty claim exclusively against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove the defect of the product.
- The manufacturer or Service Provider is only exempt from its product warranty obligation if it can prove that:
- the product was not manufactured or placed on the market as part of its business activities, or
- the defect was not detectable at the time of placing on the market, based on the state of science and technology, or
- the product defect results from the application of a law or mandatory official regulation.
- The manufacturer or Service Provider only needs to prove one reason to be exempted.
- The user cannot assert a warranty claim and a product warranty claim simultaneously due to the same defect. However, if the product warranty claim is successfully asserted, the user may assert a warranty claim against the manufacturer for the replaced product or repaired part.
- In the case of products with a shorter warranty period due to their nature, the above rights apply until the warranty period indicated on the product.
- Mandatory warranty:
- The Service Provider does not distribute products subject to mandatory warranties imposed by law, nor does it voluntarily assume any warranties.
- Right of withdrawal
- A User who is a consumer has the right to withdraw from this contract within 14 days without giving any reason.
- The withdrawal deadline
- in the case of a contract for the sale of a product: it expires 14 days from the day on which the User or a third party designated by the User, other than the carrier, takes possession of the product;
- in the case of the provision of multiple products: it expires 14 days from the day on which the User or a third party designated by the User, other than the carrier, takes possession of the last product;
- when providing a product consisting of several items or pieces: where the User or a third party designated by the User, other than the carrier, takes delivery of the last item or piece;
- In the case of points a), b), and c), the User may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
- If the User wishes to exercise his/her right of withdrawal, he/she must send a clear statement of his/her intention to withdraw to one of the Service Provider's contact details. The statement of withdrawal can be made in any way, either verbally or in writing.
Standard withdrawal form
If the User wishes to withdraw from the contract, he can do so using the following form:
Email: info@dopilates.eu
I/We* hereby notify you that I/we will cease to purchase the following products/services:
Ordered:
Order number:
Product name:
Name of buyer(s):
Buyer(s) address:
Signature of the Buyer(s) (only if the notification is made in paper form)
Date
(*) Delete as necessary.
- The User exercises his right of withdrawal within the deadline if he sends his written declaration of withdrawal before the expiry of the deadline specified above, or announces it verbally on the last day of the deadline. The User bears the burden of proving that he exercised his right of withdrawal in the manner and within the deadline specified here.
- The exercise of the right of withdrawal is not precluded by the fact that the packaging has been opened and the use necessary to determine the nature, properties and functioning of the product.
- The User is responsible for arranging and paying for the return of the product. The product can also be returned in person, after arranging a prior appointment with customer service.
- After the withdrawal is accepted and the goods are returned, the settlement will take place, no later than 14 days from the acceptance of the withdrawal. In the event of withdrawal, the Service Provider is obliged to refund the purchase price of the product affected by the withdrawal and the delivery costs to the User.
- The Service Provider expressly draws the User's attention to the fact that the User may not exercise his right of withdrawal:
- in the case of a product in sealed packaging that cannot be returned after opening after delivery for health or hygiene reasons,
- in respect of an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the undertaking, and whose price was agreed upon by the parties when concluding the sales contract, however, the performance of the contract will only take place after the thirtieth day from the conclusion.
- Legal effects of withdrawal:
- If the User withdraws from the contract, the Service Provider shall immediately, but no later than 14 days from the receipt of the User's declaration of withdrawal, refund all consideration paid by the User, including the cost of transporting the product to the User (except for the additional costs that arose because the User chose a method of transport other than the cheapest standard method of transport offered by the Service Provider.) During the refund, the Service Provider shall use the same payment method as the payment method used during the original transaction, unless the User expressly consents to the use of another payment method, and the User shall not incur any additional costs as a result of the use of this refund method. In the case of a contract for the sale of a product, the Service Provider may withhold the refund until the product has been received back or the User has proven that he has returned it: whichever is the earlier.
- The User is obliged to return or hand over the product to the Service Provider without undue delay, but no later than 14 days from the date of receipt of the withdrawal notice. The deadline is deemed to have been met if the product is sent before the 14-day deadline has expired. The User bears the direct cost of returning the product.
- The user can only be held liable for any depreciation in the product if it has occurred due to use exceeding that necessary to establish the nature, properties and operation of the product.
- disclaimer
- The Service Provider is not legally obligated to conclude a contract. It freely decides whether to accept or reject the User's order. The Service Provider excludes liability for any resulting damages.
- The Service Provider does not guarantee that the product is suitable for any intended use by the User. The information in the product descriptions and instructions is the guideline for use, but the Service Provider is not liable for any deviations resulting from specific usage conditions.
- The Service Provider assumes no liability for direct or indirect damages resulting from the use of the website in bad faith or the unavailability of the Internet service provider. The Service Provider cannot be held liable for technical disruptions, such as electrical or computer network outages. Given that the Internet is an open network that cannot be considered secure, the Service Provider is not liable for damages resulting from the destruction, late arrival, or other errors of messages and orders transmitted electronically for reasons beyond the control of the Service Provider.
- The Service Provider may terminate the use of the website at any time, without giving any reason, for individual Users or for all Users by terminating the operation of the website. In this case, it will fulfill orders already validly placed and other requests of the User, but will not be liable for any other possible consequences.
- The images of the products and services displayed on the website may differ from the actual ones, in some cases they are included as illustrations. The Service Provider is not responsible for any deviations resulting from any changes to the product descriptions due to reasons beyond its control, such as changes made by the manufacturer or supplier without prior notice.
- The Service Provider excludes liability for delays, other problems, errors, and damages resulting from order data provided incorrectly and/or inaccurately by the User.
- The content downloaded by following external links on the website is not under the control of the Service Provider. If requested by the person entitled to do so, the link will be deleted or modified by the Service Provider. The Service Provider is not liable for any content displayed or downloaded using such a link.
- Modification of Terms and Conditions
- The Service Provider reserves the right to unilaterally modify the terms and conditions of the contract at any time without prior notice or separate notification. The modification of the terms and conditions of the contract shall become effective upon publication on the website.
- Contracts concluded based on individual orders are always subject to the terms and conditions in force at the time the given order is placed.
- governing law, legal disputes
- The contracting parties declare that they will act in good faith and honesty and in mutual cooperation when exercising the rights and fulfilling the obligations arising from these contractual terms and conditions.
- The contracting parties shall cooperate with each other in order to resolve any disputes out of court, through negotiation, in the shortest possible time and at the lowest cost. If this does not lead to a result, the User may also initiate legal proceedings at the court of the registered office of the Service Provider, the Pest Central District Court.
- The following Hungarian laws shall govern any issues not settled in these terms and conditions.
- complaint handling, legal enforcement,
supervision over the service provider
- Complaint handling:
The User may contact the Service Provider by letter, telephone or e-mail with a complaint regarding the Service Provider's service, the conduct, activity or omission of a member, employee or person acting in the interest or benefit of the Service Provider directly related to the distribution or sale of the goods to consumers, or the quality of the goods at the following contact details:
Alexandra Dudas
Address: 3980 Sátoraljaújhely, Magyar Kálvária köz 6.
Phone number: +36-70/431-4735
Email address: info@dopilates.eu
The Service Provider will immediately examine the oral complaint and, if necessary, immediately remedy it. If this is not possible, or if the User does not agree, and if the complaint is submitted in writing, the Service Provider will respond in writing within thirty days at the latest.
- Possibility of contacting a conciliation board:
A User who is a consumer may also request a free procedure from a conciliation board regarding the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties.
If the User has a place of residence or residence in Hungary, the conciliation body operating under the county (capital city) chambers of commerce and industry of this place of residence or residence is competent. The contact details of the conciliation bodies can be found at http://www..bekeltetes.hu/index.php?id=testuletek.
In this regard, the consumer may specify a conciliation body other than the above in his request.
In the absence of the User's place of residence and residence in Hungary:
In Hungary, the Budapest Arbitration Board, which operates under the Budapest Chamber of Commerce and Industry, is also authorized to act in cross-border disputes between consumers and traders related to online sales or service contracts.
The service provider is obliged to cooperate in the conciliation board procedure.
The conciliation board is an independent body operating under the county (capital city) chambers of commerce and industry. Its mandate includes the out-of-court settlement of consumer disputes on the above-mentioned topics: for this purpose, attempting to reach an agreement and, if this is unsuccessful, making a decision on the case in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights.
The conciliation body provides advice on the rights and obligations of the consumer at the request of the consumer or the business.
- Possibility of contacting a consumer protection authority:
The User may contact the district office of the county seat competent for his/her place of residence in Hungary, as the consumer protection authority, with a complaint regarding the quality of the goods, the conduct, activity or omission of the Service Provider (its member, employee) or a person acting in his/her interest or benefit, the quality of the service, or the application of liability rules.
The User may also file a complaint with the consumer protection authority at the Service Provider's registered office:
Sátoraljaújhely District Office
Address: 3980 Sátoraljaújhely, Kossuth Square 5.
Phone: +47/795-099
e-mail: tothne.andrea@borsod.gov.hu
- Data processing supervision:
The user may exercise his rights in court based on Act V of 2013 on the Civil Code and the GDPR Regulation, and may contact the National Data Protection and Freedom of Information Authority:
National Data Protection and Freedom of Information Authority
Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c.
Postal address: 1530 Budapest, P.O. Box: 5.
Phone: +36 1 391 1400
Fax: +36 1 391 1410
E-mail: ugyfelszolgalat@naih.hu
Website: www.naih.hu
If the court is chosen, the lawsuit can also be initiated - at the choice of the affected User - before the court of the affected User's place of residence or residence, as the adjudication of the lawsuit falls within the jurisdiction of the court.
- Data management, data protection
- The document entitled "Data Processing Information" provides information about the data processing conducted by the Service Provider.
Budapest, 2024. 11.06.
Alexandra Dudas
Do Pilates Ltd.