General terms and conditions

Service Provider's general terms and conditions for the reseller sale of products manufactured by others

1. Concepts:

  • 1.1. Data Management Policy: means the Service Provider's data management policy.
  • 1.2. GTC (General Terms and Conditions): means these terms and conditions.
  • 1.3. Ekertv.: Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society.
  • 1.4. User: a business organization or natural person over the age of 18 who has successfully completed the registration process on the Site.
  • 1.5. Consumer: a natural person acting outside the scope of their profession, independent occupation or business activity.
  • 1.6. Economic organization: a business association, a European limited liability company, a partnership, a European economic association, a European territorial association, a cooperative, a housing cooperative, a European cooperative, a water management association, a forest ownership association, a state enterprise, another state economic body, a company of certain legal persons, a joint venture, a bailiff's office, a notary's office, a law firm, a patent attorney's office, a voluntary mutual insurance fund, a private pension fund, a sole proprietorship, and a sole proprietor. The provisions relating to economic organizations shall also apply to the civil law relations related to the economic activities of the state, local government, budgetary body, association, public body, and foundation.
  • 1.7. Visitor: a person who uses the Site without registering.
  • 1.8. Page: the website www.golyosport.com.
  • 1.9. Registration: the process described in sections 3.1-3.2 of these GTC.
  • 1.10. Business: A natural person or legal entity that is not a consumer.
  • 1.11. Customer: A Consumer or Business who purchases a Product through the Site.
  • 1.12. Product: Goods that can be purchased through the Site.
  • 1.13. Intellectual Property Rights: intellectual property rights relating to the entire content of the Site, including, without limitation, accounts, computer code, illustrations, design and graphic elements, animations, sound effects, musical compositions and recordings, know-how, and any other product subject to intellectual or copyright protection.
  • 1.14. Copyright Act: Act LXXVI of 1999 on Copyright.
  • 1.15. Month: a period of time corresponding to a calendar month.
  • 1.16. Civil Code: Act V of 2013 on the Civil Code.
  • 1.17. Service provider: Nagy Tamás EV. (registered office: 2011 Budakalász, Diófa u.27., Registration number: 58632828, tax number: 48324771-2-33,
  • 1.18. Supplier: Company name: Magyar Posta Private Limited Company Registered office: 1138 Budapest, Dunavirág utca 2-6.
    Company registration number: Cg. 01-10-04246
  • 1.19. Service: a service relating to the sale of products by the Service Provider on the Site.

2. General provisions

  • 2.1. These GTC include the reseller sale of Products manufactured by the Service Provider in the online store available on the Site.
  • 2.2. By using the Site, the Visitor acknowledges and accepts the contents of these GTC. These GTC and the information available on the Site, as well as other information, comprise the entire content of the contract between the Service Provider and the User.
  • 2.3. Through the Site, the Service Provider sells products manufactured by others and sells its services commercially.
  • 2.4. The Services available on the Site may only be used by natural persons and Business Organizations with legal capacity. By using the Service, including, but not limited to, creating a user account, by Registration or by ordering the Service, the User acknowledges that he is a natural person with full legal capacity or a Business Organization that is acting through its authorized representative. During Registration, the User is obliged to provide real data that can be linked to him. If the Service Provider becomes aware that the data provided by the User is not or not completely real, it is entitled to partially or completely restrict the User's access or to exclude the User from using the Site by deleting the user account. During successful Registration, the Service Provider creates the User's user account. The User is fully responsible for any incorrect, incomplete or inaccurate data provision, and the Service Provider fully excludes any liability for the events and consequences arising from this.
  • 2.5. The username chosen during Registration cannot be:
    • 2.6.1. containing tasteless, obscene expressions;
    • 2.6.2. sexually suggestive;
    • 2.6.3. Name of a politician or party from the 20th-21st centuries, or something related to politics;
    • 2.6.3. Name of a politician or party from the 20th-21st centuries, or something related to politics;
    • 2.6.4. names of war criminals, terrorists, mass murderers;
    • 2.6.5. committing or inciting a crime or violation;
    • 2.6.6. referring to religious views;
    • 2.6.7. offensive to others;
    • 2.6.8. advertising;
    • 2.6.9. capable of deception.
  • 2.6. By starting to use the Site, or by creating a user account, during Registration, or by making an express declaration when ordering Services, the Visitor accepts and acknowledges the provisions of these GTC and the Data Management Policy that form part of it as binding on him/her, and undertakes to comply with the GTC.
  • 2.7. All Visitors and Users may use the Site solely at their own risk and responsibility.
  • 2.8. The Service Provider is not liable for any delivery delays or other problems arising from incorrect data provided by the User or Customer.

3. The purchase process

  • 3.1. Registration is an unexpressed condition for making a purchase on the Site. If the Visitor wishes to register, he can do so by clicking on the “Registration” menu item, filling out the registration interface, and then clicking on the “Go” button on the Site. The following data must be provided to the Service Provider on the registration interface:
    • 3.1.1. In the case of a natural person Visitor:
      • Name;
      • Email address;
      • Password;
  • 3.2. To submit the registration, the Visitor must accept the content of these GTC and the Data Processing Policy by checking the checkbox on this interface. The Service Provider will inform the Visitor about the success of the registration by e-mail.
  • 3.3. After successful registration, the User can log in to the Site by entering their login details (e-mail address, password) under the "Login" menu item on the Site.
  • 3.4. The User has the right to cancel his/her registration at any time by emailing webgolyosport@gmail.com by a message sent to the e-mail address. After receiving the message, the Service Provider is obliged to immediately ensure the deletion of the registration. The user's user data will be removed from the system immediately after deletion; however, this does not affect the preservation of data and documents related to orders already placed, and does not result in the deletion of this data. After removal, there is no longer any possibility to restore the data.
  • 3.5. The User is solely responsible for keeping the user access data (in particular the password) confidential. If the User becomes aware that an unauthorized third party has gained access to the password provided during Registration, he is obliged to change his password immediately, and if it can be assumed that the third party is misusing the password in any way, he is obliged to notify the Service Provider at the same time. The User undertakes to update the personal data provided during Registration as necessary in order to ensure that they are up-to-date, complete and true.
  • 3.6. Through the Site, the User or Visitor can order the products advertised by the Service Provider on the Site. By clicking on the cart icon, the Site navigates the User or Visitor to the cart interface. On the cart interface, the User or Visitor can view and check the list of products placed in the cart in detail, their gross price, and the total amount of the order at the bottom of the summary table.
  • 3.7. After clicking the "Secure payment" button, the User or Visitor can finalize their order. On the displayed interface, the User or Visitor must enter the desired payment and delivery method, as well as the following personal, delivery and billing information.
    • Name;
    • Phone number;
    • Shipping address;
    • Billing address.
  • 3.8. If you, as a User or Visitor, wish to order the selected product or products as a legal entity, you must provide the following information.
    • Company name;
    • Tax number.
  • 3.9. On the summary interface, the User or Customer has the opportunity to check their order, in particular the data provided by them, the product they wish to order, its price, the payment and delivery method they have chosen, and, if applicable, the cost of delivery.
  • 3.10. To finalize the purchase, the User or Visitor must accept these GTC and the Data Protection Policy by checking the checkbox on this interface.
  • 3.11. The Customer has the option to choose between two payment methods. The Customer can choose to pay for the product they want to order upon delivery, which is the so-called “Cash on Delivery”. The Customer also has the option to pay for the product or products they want to order by bank card, in which case a purchase contract is concluded between the Service Provider and the Customer. A purchase contract is also concluded between the Customer and the Service Provider on the interface. The Service Provider is obliged to immediately confirm the receipt of the Customer’s order to the Customer electronically. If this confirmation does not reach the Customer within the expected deadline, depending on the nature of the service, but no later than 48 hours after the Customer’s order is sent, the Customer is released from the offer or contractual obligation, and the Service Provider is obliged to immediately refund the transferred amount to the Customer. The confirmation email contains the data provided by the Customer during the purchase (billing and shipping information), the order ID, the order date, the list of ordered products, quantity, product price, shipping cost and the total amount.
  • 3.12. The purchase price of the products displayed on the Site is indicated including general sales tax and other public charges (gross). The purchase price indicated next to the products does not include the cost of delivery. The price of the products is indicated in Hungarian forints (HUF). The total amount to be paid includes all costs, including the delivery fee, based on the order summary and confirmation letter. The Service Provider does not assume liability for a price displayed incorrectly, despite its diligence and/or due to a system error, in a way recognizable to anyone, or for an obviously incorrect, unrealistic price significantly different from the well-known price of the product/service (e.g.: 0 HUF). In such cases, the Service Provider is not obliged to provide the product at the price displayed incorrectly on the Site, and the contract will not be concluded between the parties. In the event of an incorrect price, the Service Provider, in the order confirmation or afterwards, offers the option of purchasing the product at the real price, with which information the Customer can decide whether to order the product at the real price or not.
  • 3.13. The Service Provider will send an invoice for the ordered products to the Customer, as proof of payment, to the email address provided during the purchase process.
  • 3.14. The order is considered an electronically concluded, Hungarian-language, non-written contract, which is governed by Hungarian law, in particular the provisions of the Civil Code and the Economic and Social Protection Act. If the Customer is a Consumer who buys, orders, receives, uses, or makes use of goods, as well as the recipient of commercial communications and offers related to the goods, the contract falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules for contracts between consumers and businesses, taking into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

4. Assignment and transfer of rights

  • 4.1. The Service Provider is entitled to transfer its rights and obligations arising from the contract concluded on the basis of these GTC to another party. The Customer may continue to rely on those objections and offset those counterclaims that arose on the legal basis that already existed at the time of notification of the transfer. The Customer is not entitled to transfer its rights and claims arising from the contract concluded on the basis of these GTC without the written consent of the Service Provider.

5. Intellectual property provisions

  • 5.1. The Service Provider is the sole owner of the Intellectual Property Rights, and no third party has any right that could restrict the Service Provider from using them properly or hinder their use. Any copying, reproduction, processing, adaptation or distribution of the Site and the Intellectual Property Rights in whole or in part, in particular graphic elements and ideas, is prohibited without the prior written consent of the Service Provider.

6. Delivery of products

  • 6.1. After clicking the Finalize Order button, both the Buyer and the Service Provider will receive a notification email containing the exact content of the order and the data provided during the order.
  • 6.2. In order to deliver the Product to the Customer, the Service Provider uses the cooperation of the Supplier. Accordingly, the Service Provider forwards the data provided during the order to the Supplier.
  • 6.3. The delivery of the products is carried out by the Supplier.

7. Right of withdrawal (in case of a contract concluded with a consumer)

  • 7.1. The provisions of this section apply exclusively to Customers who are Consumers. In accordance with Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer is entitled in the event of a contract for the sale of a product
    • 7.1.1. the product,
    • 7.1.2. when buying and selling multiple products, if the individual products are provided at different times, the last product provided shall prevail.
    • 7.1.3. in the case of a product consisting of several lots or pieces, the last lot or piece delivered,
    • 7.1.4. if the product must be provided regularly within a specified period, the first service shall be provided by the Consumer or a third party designated by him, other than the carrier,
    • withdraw from the contract without giving any reason within fourteen (14) days from the date of receipt.
  • 7.2. The Consumer may exercise the right of withdrawal within fourteen days from the date of conclusion of the contract in the case of a contract for the provision of services.
  • 7.3. The Consumer has the right to 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 Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw [which statement can also be prepared by filling in the sample statement in Annex 2 of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses] in writing, by post, to the Service Provider at the registered office specified in Section 1.17 of these GTC. The Consumer is responsible for proving that he exercised his right of withdrawal in accordance with the provisions set out in this section.
  • 7.4. In the event of withdrawal, it shall be deemed to have been made within the deadline if the Consumer sends his/her written declaration to the Service Provider by post within 14 calendar days (even on the 14th calendar day). The Consumer is obliged to send his/her letter by registered mail, in order to be able to credibly prove the date of posting.
  • 7.5. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address immediately, but no later than 14 days after the notification of his/her withdrawal. The deadline is deemed to have been met if the Consumer sends (posts or hands over) the product before the 14-day deadline. The cost of returning the product to the Service Provider's address is borne by the Consumer, unless the Service Provider has agreed to bear these costs. However, the Service Provider does not undertake to handle the return delivery or its costs from the Consumer. The Service Provider is not in a position to receive the package returned by cash on delivery. Apart from the cost of returning the product, the Consumer is not charged any other costs in connection with the withdrawal.
  • 7.6. If the Consumer withdraws from the contract, the Service Provider shall immediately, but no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal, reimburse all payments made by the Consumer, including the cost of transport (delivery), with the exception of additional costs incurred because the Consumer chose a method of transport other than the cheapest standard method of transport offered by the Service Provider. The Service Provider is entitled to withhold the refund until the Consumer has received the product back or has provided credible evidence that it has been returned: the Service Provider shall take into account the earlier of the two dates. During the refund, the Service Provider shall use the same payment method as the one used in the original transaction, unless the Consumer expressly consents to the use of another payment method; The Consumer will not incur any additional costs as a result of using this refund method.
  • 7.7. The Consumer may only be held liable for any depreciation in the value of the product if it has occurred due to use exceeding that necessary to establish the nature, properties and functioning of the product. The Service Provider may therefore demand reimbursement of any depreciation in value or reasonable costs resulting from use exceeding that necessary to establish the nature, properties and functioning of the product.
  • 7.8. The consumer is not entitled to the right of withdrawal:
    • in respect of a product whose price or fee is subject to possible fluctuations in the financial market that cannot be influenced by the undertaking, even during the period open for exercising the right of withdrawal;
    • for products that are perishable or have a short shelf life;
    • in respect of a product in sealed packaging that cannot be returned after opening after delivery for health or hygiene reasons;
    • in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
  • 7.9. The text of the model notice on withdrawal is contained in Annex 1 of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.

8. Warranty

  • 8.1. In the event of defective performance by the Service Provider, the Customer may assert a warranty claim against the Service Provider. In the event of the purchase of an unused product purchased under a contract concluded with a consumer, the Customer may assert his warranty claims within a 1-year limitation period from the date of receipt, for product defects that already existed at the time of delivery of the product. The Customer may no longer assert his warranty rights beyond a one-year limitation period. In the event of a contract concluded with a non-consumer, the entitled party may assert his warranty claims within a 1-year limitation period from the date of receipt.
  • 8.2. The Customer may – at his/her choice – request a replacement, unless the fulfillment of this request is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of his/her other requests. If the Customer did not request or could not request the replacement, he/she may request a proportional reduction in the consideration or the defect at the expense of the Service Provider. The Customer may withdraw from the contract. There is no right to withdraw due to an insignificant defect. The Customer may also switch from the chosen warranty right to another, but he/she must bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
  • 8.3. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the Customer of the expected date of completion of the repair or replacement. The notification may also be made electronically.
  • 8.4. The Customer is obliged to notify the defect immediately after its discovery. If the Customer is a Consumer, a defect notified within two months of the discovery of the defect shall be deemed to have been notified without delay. The Customer may assert his warranty claim directly against the Service Provider.
  • 8.5. In the case of a Customer who is a consumer, there is no other condition for asserting a warranty claim within six months of the performance of the contract, other than the notification of the defect, if the Customer proves that he purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice). In such a case, the Service Provider is only exempt from the warranty if it rebuts this presumption, i.e. proves that the defect in the product occurred after the delivery to the Customer. If the Service Provider can prove that the cause of the defect arose for a reason attributable to the Customer, it is not obliged to grant the warranty claim made by the Customer. However, after six months from the performance, the Customer is obliged to prove that the defect recognized by the Customer already existed at the time of performance. If the Customer asserts his warranty claim regarding a part of the product that can be separated from the indicated defect, the warranty claim for other parts of the product is not considered to be asserted.

9. Product warranty

  • 9.1. In the event of a defect in the product (movable property), the Buyer, who is a Consumer, may – at his/her choice – assert the right specified in the Warranty or a product warranty claim. However, the Buyer is not entitled to assert a warranty claim and a product warranty claim simultaneously and in parallel for the same defect. However, in the event of a successful assertion of a product warranty claim, the Buyer may assert a warranty claim for the replaced product against the manufacturer.
  • 9.2. As a product warranty claim, the Buyer may only request the replacement of the defective product. In the event of a product warranty claim, the Buyer must prove the defect of the product. A product is considered defective if it does not meet the quality requirements in force at the time of its release or if it does not have the properties specified in the description provided by the manufacturer.
  • 9.3. The Buyer may assert his product warranty claim within two years from the date of placing the product on the market by the manufacturer. After this deadline, he loses this right. The Buyer is obliged to notify the manufacturer of the defect without delay after discovering the defect. A defect notified within two months of discovering the defect shall be deemed to have been notified without delay. The consumer is liable for any damage resulting from the delay in notification. The Buyer may exercise his product warranty claim against the manufacturer or distributor of the movable property.
  • 9.4. The manufacturer or distributor is only exempt from its product warranty obligation if it can prove that:
    • 9.4.1. the product was not manufactured or placed on the market as part of its business activities, or
    • 9.4.2. the defect was not detectable at the time of placing on the market, according to the state of science and technology, or
    • 9.4.3. the product defect results from the application of a law or mandatory official regulation.
  • 9.5. The manufacturer or distributor only needs to prove a reason to be exempted.

10. Warranty

  • 10.1. In the case of a Consumer, if the product purchased from the Service Provider falls under the scope of Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods, the Customer may exercise his warranty claim in accordance with the provisions of the Government Decree. The deadline for asserting the warranty claim may vary depending on the price of the Product,
    • 10.1.1. From 10,000,- HUF to -100,000,- HUF the warranty period is 1 year;
    • 10.1.2. From 100,000,- HUF to -250,000,- HUF the warranty period is 2 years;
    • 10.1.3. Above 250,000 HUF, the warranty period is 3 years.

    Failure to meet the deadline will result in loss of rights. The warranty period begins on the day the consumer product is handed over to the Consumer, or if the installation is carried out by the company or its agent, on the day of installation.

  • 10.2. If the Buyer, who is a Consumer, puts the consumer product into operation more than 6 months after delivery, the starting date of the warranty will be the date of delivery of the Product.
  • 10.3. In the event that a Product covered by the warranty needs to be repaired within the warranty period, the warranty period will be automatically extended by the time the Buyer, who is a consumer, was unable to use the Product.
  • 10.4. The Buyer cannot assert a warranty claim or a product warranty claim at the same time, in parallel, due to the same defect.
  • 10.5. The Service Provider is entitled to issue the warranty certificate to the Consumer, also electronically, no later than the day following the delivery or commissioning of the Product. In this case, the Service Provider is obliged to indicate the electronic signature of the person acting on its behalf. In the event that the warranty certificate is not delivered electronically, the paper-based warranty certificate must contain the Service Provider's stamp and the signature of the person acting on its behalf.
  • 10.6. In certain cases, the Service Provider is obliged to replace the Product that is considered a durable consumer product, or if this is not possible, to refund the purchase price. These cases are as follows:
    • 10.6.1. If during the first repair of the Product it is found that it cannot be repaired and the Buyer, who is a consumer, does not provide otherwise.
    • 10.6.2. If during the warranty period the Product fails again after three repairs and the Buyer, who is a consumer, does not provide otherwise, and does not request a reduction in the purchase price or repair.
    • 10.6.3. If the Product is not repaired within 30 days of notification of the claim.
  • 10.7. The service provider is obliged to arrange for the replacement or refund within 8 days of the notification of the request.

11. Legal remedies

  • 11.1. The Customer may submit consumer complaints regarding the product or the Service Provider's activities to the contact details indicated in Section 1.17, under the definition of the Service Provider.
  • 11.2. The Service Provider shall respond to the complaint received in writing within 30 days. This action shall mean sending it by post within the meaning of this contract.
  • 11.3. If the complaint is rejected, the Service Provider will inform the Customer of the reason for the rejection.
  • 11.4. These GTC and all legal relationships arising from them, in particular the contract between the Service Provider and the Customer, are governed by Hungarian law. The Customer and the Service Provider shall primarily attempt to resolve any dispute arising from these GTC by means of an amicable settlement between the Customer and the Service Provider, or, if this fails, by contacting a conciliation body if the Customer is a Consumer. In the event of failure to resolve the dispute amicably, the parties submit to the exclusive jurisdiction of the Pest Central District Court for the resolution of any dispute arising from or in connection with these GTC, its breach, termination, validity or interpretation.

12. Invalidity of certain provisions of the general terms and conditions

  • 12.1. If any provision of these GTC is deemed invalid, it shall not result in the invalidity of the contract concluded under these GTC, and the other provisions of the contract shall remain in force. The provisions of the contract that remain in force shall be interpreted in a manner that best reflects the original will of the Service Provider and the User.

13. Miscellaneous provisions

  • 13.1. The Service Provider reserves the right to unilaterally amend these GTCs, in addition to informing the Users on the Site. The Service Provider shall publish the amended GTCs on the Site no later than the tenth (10th) day before the entry into force of the amended GTCs. Upon the entry into force of the GTCs, the User must expressly declare that he accepts the amended GTCs. If the User does not agree to this, he will no longer be able to use the Services on the Site.
  • 13.2. Assistance to the User in connection with these GTC is provided by the designated person responsible for complaint handling at the Service Provider at webgolyosport@gmail.com via email address.
  • 13.3. The Service Provider excludes liability for any delay, non-performance or damage resulting from causes beyond its scope of operation, in particular for damage caused by force majeure events, force majeure, war, terrorism, riot, embargo, measures of civil or military authorities, fire, flood, accident, work stoppage or shortage of means of transport, fuel, energy, labor or materials.
  • 13.4. The Service Provider informs Consumers that a code of conduct under the Act on the Prohibition of Unfair Commercial Practices Against Consumers is not available.
  • 13.5. The Service Provider does not apply a code of conduct.