which is Georgina Baráth self-employed (Register No .: 51184317; Tax ID: 68075149-1-41; bank account number: 11773384-00932662-00000000) as the operator and service provider (hereinafter referred to as “the Service Provider”) of the website “thegeorganicmethod.com”, “georganicmethod.com” and “georginabarath.com” (hereinafter referred to as “the Website”), on the other hand the natural or legal person who is visiting the Website or is ordering a service, as a customer of the service (hereinafter referred to as “the Customer”) and the contents of which are known to Customer and are recognized as compulsory by themselves. These General Terms and Conditions enter force upon approval of an order electronically affixed to the Website; with such order Customer hereby declares that he / she has acknowledged, accepted, and has complied with these Terms and Conditions (hereinafter TC), which are part of the contract between him / her and the Service Provider. The Service Provider reserves the right to unilaterally amend the TC, what can be accessed by the Customer on the Website. If Customer disagrees with the TC of the Service Provider and their modified contents are not accepted, they may terminate the contract.
1. Legal Basis of Activity:
- Act V of 2013 on the Civil Code;
- In accordance with the CVIII Act of 2001 on certain aspects of electronic commerce services and information society services, law;
- Act CXII of 2011 on the right to information self-determination and freedom of information; law;
- 19/2014 on the Rules of Procedure for the Management of Warranty and Warranty Claims for Goods Sold under a Contract of Consumer and Entrepreneurship. (IV.29.) NGM Regulation;
- the 1997 CLV Act on Consumer Protection; law;
- 45/2014 on the detailed rules for contracts between consumers and businesses. (II.26.) Government Decree;
2. The establishment of a service contract
2.1. Customer may subscribe to the Services presented on the Website (e.g. online training and personal training) by subscribing to the Foundation package or Skype package, thereby creating a contract between the Service Provider and the Customer. Customer will become eligible for services after Service Provider received the service fee. The language of the contract is English. The contract is not a written contract; the Service Provider does not file it.
2.2. In the case of payment of the service fee by credit card or transfer, the compliance of the contract is subject to the payment of the service fee to the Service Provider’s account.
3. Payment of the service fee
3.1. The purchase price of the product can be paid by credit card payment, PayPal application and bank transfer. The transfer information and service fees are included in the e-mail message confirming the online order. If the service fee is not credited to the 3rd (third) banking day following the order on the Service Provider’s bank account, the Service Provider is entitled to cancel the contract unilaterally.
3.2. The Service Provider reserves the right to change the price of the services on the Website. If the Service Provider determines that she cannot fulfill the order after the process of online order, after the evaluation of the questionnaire, she will inform the Customer in writing (by e-mail) without delay.
The total amount of consideration includes all charges for the billing period.
3.3. The Service Provider strives for professionalism regarding the content on the Website, but excludes the liability of the content and the lack of inaccuracy. If you find incorrect or false information when using this Website, please report it to the host’s central e-mail address.
The Service Provider excludes any liability for incorrect data on the Website, including erroneous service charges, as a result of erroneous data collection and “mishap”. If any error (such as a malformed price) occurs during the processing of the order, the Service Provider will notify Costumer of this. In such cases, the Customer has the right to cancel the order. The Service Provider shall exclude any damages or other liability in connection with the defective data on the Website.
3.4 If the information given by the Customer in the process of order are not correspondent to the reality or collides with a condition of the TC, the Service Provider may cancel the order without justification.
4. Compliance of the service
After the purchase, Costumer will have to complete a questionnaire exploring the physical state and health status of the client, sports history and illnesses, eventual sports injuries. Based on this information, the Service Provider will compile a personalized workout plan. The videos featuring exercises, the nutrition and lifestyle plan will be sent to the Customer by the Service Provider via e-mail or Service Provider will provide online access within 5 working days from the date of purchase.
5. Right of withdrawal
In view of the fact that the provision of a service provided under this contract is not performed by delivering digital content provided on tangible media, and by sending it the whole service is fulfilled, and that the service (product) is tailored to the Costumer at its explicit request, you cannot practice 45/2014. Korm. Pursuant to § 20.
The Service Provider reserves the right to cancel the execution of the order without any justification, with the reimbursement of the service fee.
The Service Provider draws attention to the third parties that are contracted to it that the 45/2014. (II.26.) Government Order no. applies to contracts concluded between the Customer and the undertaking (consumer contracts).
6. Limitation of Liability
Customer acknowledges that, in view of the nature of the online service, the Service Provider cannot verify the accuracy of the given data and the performance of the exercises. The Service Provider excludes any liability for damages resulting from possible damage to health or damage caused by the inaccuracy of the answers given to the questionnaire or the inaccuracy of the information contained in the questionnaire completed after the purchase. It also excludes the liability of the Service Provider in the event of incorrect or inappropriate rest periods, in the event of any damages arising of the exercises carried out using unsafe equipment or not using the equipment designated.
7. Other provisions
7.1. Customer’s potential customer complaints may be validated in writing by the Service Provider at the above-mentioned contact details. E-mails sent to the e-mail address provided by the Client in complaint handling are accepted by the parties as legally binding. In the case of a rejection of a complaint by the Customer, the Customer may address the National Consumer Protection Authority (mailing addresses) or initiate the procedure of a conciliation body (mailing addresses) operating in the territorial trading and chambers of commerce.
7.2. No registration is required to browse the Website. Ordering on the Website is subject to voluntary registration. During registration, Customer will provide his / her personal data and entitle the Service Provider to store and manage them. The Customer hereby authorizes the Service Provider to register his / her personal data. The Customer may at any time modify the information provided at registration or request a cancellation in writing by e-mail addressed to firstname.lastname@example.org.
7.3. When registering, Customer will choose a password that he / she is required to keep it carefully. The Customer is responsible for the order placed on the Website with the Customer’s login details.
7.4. The Customer is responsible for the accuracy, completeness and reality of the information provided during registration. If the Operator becomes aware of the credible fact that the information provided is incorrect, it may promptly initiate verification of the authenticity of the information. In the event of a failure to do so, the Service Provider is entitled to cancel the order given by the registered Customer and to partially or totally restrict the access.
7.5. By signing up, the Customer agrees that the Service Provider will contact the Customer, informing him / her occasionally about changes to the Website and important information. The Customer automatically accepts the registration of the newsletter by registering, but at any time Customer can unsubscribe from this link at the end of the newsletter.
7.6. The content published by the Service Provider (articles, photos, graphics and other copyrighted material, the appearance, design, editing principle, codes of the Website, software and other solutions, ideas, implementation, trademarks, logos, trade names and, in particular, photographs of the Service Provider) are the intellectual property of the Operator and are protected by privacy rights.
The use of the content of the third party’s intellectual property (e.g. quotes, photos, graphic content, trademarks, logos, domain names, etc.) published by the Operator is solely the use of the LXXVI. Act XI of 1997 on the Protection of Trademarks and Geographical Indications and the photographs of the Service Provider shall be solely with the prior written consent of the Service Provider. It is strictly forbidden to duplicate, copy, publish or modify any content on or through the Website by any means, including by means of electronic device procedures. This prohibition applies in particular to the text, graphics, logo, logo, photo and video content on the Website. It is strictly forbidden to create or make any material or work based on or resulting from the Website’s content.
You may save or print some of the contents of the Website solely for your own use, but in this case, you are not authorized to continue to use, distribute, store, download or commercialize the copy of this page. Unauthorized use will result in criminal and civil law consequences.
7.7. The Operator reserves the right to modify the Terms and Conditions unilaterally. The amendment becomes effective on publication on the Website. Retrospective modification is not possible.
7.8. Any disputes arising may be subject to the law of the Budapest II. and III. District Court is designated as competent.
8. Data protection provisions
8.1. As a Data Controller, the Service Provider undertakes to comply with the provisions of the Civil Code, Act CXII of 2011 on Freedom of Information and the copyright laws concerning matters not covered by this contract.
The Service Provider undertakes to retain its obligations to prevent the integrity of the personal data, unauthorized access and unauthorized data processing, in particular through the discontinuance of the processing of personal data on the basis of the withdrawal of the consent, in this case the deletion of the data concerned, regular, but at least yearly review.
The Service Provider treats the information she has received in connection with the contract as a business secret, does not disclose it to a third party and refrain from any conduct that would allow it to become unauthorized.
8.2. The Service Provider’s data management is based on a voluntary contribution. If the Customer does not provide his / her personal data, it is his / her duty to obtain the consent of the person concerned.
8.3. The Service Provider does not record the personal data of the visitors to the Website, but the Customer’s IP address is recorded. During the online shopping, Customer will provide personal information. The purpose of the data management is to fulfill the order, to contact; and its legal basis is created by the consent of the concerned party. The range of data managed: name, e-mail address, address, phone number, date, and health and physical state data provided by the Customer to personalize the service. The duration of the data processing is 6 years and is to handle the client’s possible later complaints, to verify the validity of the claim and to re-verify the data provided at the time of the contact.
8.4. The Operator uses the so-called cookies on the Website, which means the placement and read-out of a data. To do so, Customer agrees with the order. The purpose of this operation is to identify, differentiate, record a visit, and perform analytical operations. The data management period is 2 years. You can disable cookies on your web browser.
8.5. The data provided through this Website is handled at the headquarters of the data controller and the data processors. In handling personal data, the Operator operates IT tools that ensure that unauthorized access to data and data retention cannot be preserved.
Data security is secured by a server-level security solution, the home engine protects the client’s password by BCrypt encryption. During automatic data processing, the HTTP protocol uses a SSL / TLS encrypted version of the site.
8.6. In the execution of the orders, the Service Provider does not purchase a data processor. The Service Provider reserves the right to use an additional data processor, in which case it is obliged to inform the Customer by electronic means at the latest at the commencement of processing.
8.7. The Customer may request information on the processing of his / her personal data by e-mail, request the correction or deletion of his / her data. The Service Provider deletes personal data on request, in other cases, if the data handling is illegal, if the data is incomplete or incorrect, cannot be corrected, or if the purpose of the data is terminated, its deadline has expired or if it is ordered by an authority or a court, Customer can seek customer remedies before the National Data Protection and Information Authority. (Budapest, Erzsébet Szilágyi fasor 22c, 1125)