GTC

GENERAL TERMS OF AUTHORSHIP

General Terms and Conditions (EndoShop Trade service and online appointment booking system) 

I. THE SERVICE PROVIDER

The online shop www.endoblog.hu/eshop is operated by Endoblog.hu (hereinafter referred to as "Service Provider").
The business name of the Service Provider is Árvai Nóra Egyéni Vállárdozó (hereinafter referred to as the Service Provider).
The registered office of the Service Provider is 1138 Budapest Tomori köz 3.
The Service Provider's postal address is 1138 Budapest Tomori köz 3.
The registration number of the mail order business issued by the Mayor's Office (Commercial Department) of the Municipality of the XIII. district of Budapest:
Contractor registration number 33254488
Tax number:66266053141
Data protection registration number of the Service Provider: XIII/12725/2016/B
Service provider's statistical number: 66266053-8690-231-01
List of areas of operation: all countries in the world
Form of commercial activity: mail order parcel services
Type of trading activity: retail trade

The Website Operator is the sole owner of the Website. No legal or natural person is entitled to use the term "EndoBlog" in any way without the express prior written consent of the Website Operator.

I. USE OF THE SERVICE

You must accept these Terms of Use before using the Service.

If you do not accept the Terms of Use, you will not be entitled to use the Service. The contract is governed by Hungarian law. 

2. The Service may only be used by natural persons who do not have limited contractual capacity to enter into contracts of a similar nature.

The exercises and relaxations are at everyone's own risk. We do not recommend the exercises for people with psychiatric illnesses, especially psychotic conditions, suicidal thoughts, If in doubt, consult your doctor. You use the service at your own risk!

3. Orders can only be placed in the endoblog.hu/eshop online shop electronically via the Internet at the above web address. Orders placed by phone, fax, e-mail or letter are not accepted. The Service Provider will also send information on orders to users electronically. Placing an order is subject to registration. Once the product(s) have been added to the shopping cart, a method of delivery and payment must be selected. By clicking on the "finalise order" button, the customer makes an offer, which creates a payment obligation, for which an automatic confirmation is sent within 48 hours of the order being placed. In all cases, the confirmation will include the chosen method of receipt and payment, the value of the order, the delivery terms, the product name and quantity, and the customer's details. If the confirmation, which includes the terms and conditions of the order, is not received, the consumer is released from the obligation to make an offer. Before placing the order, the user has the possibility to modify the data provided at the time of registration by overwriting and fixing the modified data. The language of the contract is Hungarian. The order is considered as a contract concluded on the Internet, but not signed, the content of which is filed, archived and subsequently accessible and retrievable. The filing number is in all cases the identification number of the order. Prices are in HUF.

4. The Service Provider shall do its utmost to deliver the products ordered by the customers within the time limit specified in the order. Every effort is made to ensure the accuracy of the information on the website and to update stock information. If the ordered product is not available, the Service Provider will immediately inform you of this and return any amount paid in advance online to your payment card within 14 days of being informed. The Customer shall not incur any additional costs in connection with the cancellation transaction.

According to Government Decree 45/2014 (26.II.), the customer may withdraw from the purchase without giving any reason within 14 days of receipt (acceptance of the product). The purchaser may exercise his right of withdrawal by sending a clear declaration to this effect by e-mail (contact@endoblog.hu) or by using the declaration form in Annex 2 to Government Regulation No. 45/2014 (26.II.).

The buyer may exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the goods.

The date of receipt (receipt of the product) is the date of receipt of the order in the case of receipt at the receiving point, or the date of receipt from the courier in the case of delivery to the customer's home. These can be evidenced by a receipt/invoice or a receipt from the courier. Personal delivery does not exclude the right of withdrawal.
Delivery charges will be refunded in the event of cancellation of the entire order. In the event of cancellation, the customer will only be liable for the cost of returning the product(s). We will only be able to refund the purchase price of the product(s) and the delivery costs (or the amount paid by the customer as consideration) if the customer has returned the product(s) or has proved beyond doubt that he/she has returned the product(s) within 14 days of the date of the notice of cancellation, whichever is the earlier.
The refund will be made using the same payment method as the original transaction, unless you have explicitly agreed to a different payment method. In the event that a different refund method is used, the Buyer shall not be charged any additional costs.
We cannot accept parcels returned by post.
The buyer may not exercise the right of withdrawal in the case of the provisions of Article 29 of Government Decree 45/2014, in particular- in respect of downloadable audio material
- in respect of digital content provided on a non-tangible medium, if the Service Provider has commenced performance with the express prior consent of the customer and the customer has declared at the same time that he/she has acknowledged that he/she will lose his/her right of withdrawal / termination after the commencement of performance.
The Supplier may claim compensation for damages resulting from the improper use of the goods.

If the Customer has concluded a contract for the provision of services in our online shop, he/she is entitled to terminate the contract instead of withdrawing. In the case of a contract for the provision of a service, the right of withdrawal may be exercised within 14 days from the date of conclusion of the contract. In the case of a contract for the provision of a service, the right of withdrawal may not be exercised after the service has been fully performed if the Supplier has begun performance with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the service has been fully performed.
EndoShop includes a calendar system that allows you to book appointments for face-to-face or online consultations. It is possible to cancel a booked appointment up to 48 hours before the date, otherwise the consultation fee will be charged.

In the event of defects in the ordered products, the Customer may assert a warranty claim against the Service Provider under the provisions of Act V of 2013 on the Civil Code. When asserting a claim under the warranty of convenience, the Customer may request the repair or replacement of the defective product, unless the repair or replacement is impossible or would involve disproportionate additional costs for the Service Provider. If the Customer did not or could not request the repair or replacement, the Customer may claim a proportionate price reduction, have the product repaired or replaced at the Supplier's expense, or withdraw from the contract if the repair or replacement was not undertaken or could not be carried out by the Supplier or if the interest in the repair or replacement has ceased. The burden of proving the loss of interest lies with the Customer. There shall be no right of withdrawal for minor defects. The Customer may transfer the right of warranty of his choice to another, but he shall bear the costs of such transfer, unless it was justified or the Service Provider gave a reason for it. The customer shall notify the supplier of the defect immediately after its discovery, but no later than 2 months after the discovery of the defect. He may no longer assert a warranty claim after the expiry of the 2-year limitation period from the date of performance of the contract. Within 6 months from the date of performance of the contract, no other conditions are required for the assertion of a claim for a guarantee other than the notification of the defect and the presentation/submission of the invoice or a copy thereof. However, after the expiry of 6 months from the date of performance, the Buyer shall be obliged to prove that the defect existed at the time of performance.

Instead of a warranty for accessories, the Buyer may also assert a product warranty claim against the manufacturer or distributor. In the case of a product warranty, the Customer may only claim the replacement (repair) of the defective product. A product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer. In this case, the Buyer must prove that the product is defective. A product warranty claim may be made within 2 years of the date of placing on the market. The manufacturer/distributor is only exempted from the product warranty obligation if he proves that the product was not manufactured or placed on the market in the course of his business; or that the defect was not detectable according to the state of science and technology at the time of placing on the market; or that the defect in the product results from the application of a legal or regulatory provision. The manufacturer/distributor need only prove one cause.
In the case of defects in consumer durables defined in the Annex to Government Decree 151/2003 (IX. 22.), you may assert a warranty claim against the Service Provider within 1 year of receipt (provided you are a consumer within the meaning of this Government Decree). The Service Provider shall be exempted from the warranty obligation only if it proves that the cause of the defect arose after the performance. The Customer may assert his warranty claim as explained in the warranty for accessories, with the exception that in the case of a defect in a consumer durable product, in the event of a replacement claim within 3 working days of receipt, the product will be replaced if the defect prevents the intended use (if the product is available in the Service Provider's shop / warehouse), and in the event of a claim made after this period, we will endeavour to repair or replace the product within 15 days. You can also make your repair request directly to the warranty service (repair service) indicated on the warranty ticket. You may not make a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time. However, the Buyer's rights under the warranty shall be independent of his rights under the accessories warranty and the product warranty.

The Service Provider will make every effort to ensure that the information displayed on its pages (price, availability, description, etc.) is as accurate as possible. A price of HUF 0 or 1, which is obviously incorrect due to a system error, does not constitute an invitation to tender. Exceptions to this rule are gift products advertised as part of promotions. The images displayed next to the products are illustrations, in all cases the product description contains the product characteristics. The liability of the Service Provider for any errors that may occur is governed by the provisions of Government Decree 45/2014 (26.II.) and the Civil Code.

Limitation of liability: the Service Provider is not liable for any damages in the following cases:
- In the event of a malfunction that prevents the Customer from accessing the Service Provider's website to place an order.
- for any failure of the Buyer's computer due to any hardware or software defect or for any damage caused by a loss of Internet connection.
Please protect yourself against viruses and so-called worms that spread online to ensure safe use of the internet.

III. OTHER PROVISIONS

The Service Provider's system may collect data on the activity of users, which cannot be linked to other data provided by users at the time of registration, nor to data generated by the use of other websites or services.
The Service Provider is entitled to send a newsletter to the user, provided that the user has given his/her prior, clear, explicit and voluntary consent to this by providing the relevant data at the time of registration. The Service Provider shall not be obliged to verify that the data provided by the user at the time of registration or when giving his/her consent are true or correct.
The user has the right to withdraw his/her voluntary consent referred to in point III.2 at any time. In this case, the Service Provider shall not send the user any more newsletters or other advertising mailings after the withdrawal, and shall delete the user's data from the data of the users subscribed to the newsletter.
The Service Provider is bound by the Code of Ethics of the Hungarian Advertising Association and the Association of Hungarian Content Providers.
Reviews and other related opinions about the products always reflect the users' point of view, and the Service Provider is not responsible for their content. The Service Provider reserves the right to delete any reviews that are contrary to public taste, business interests or the law.
If you have any questions or comments regarding your order, please contact the Customer Service staff at the Service Provider's headquarters at contact@endoblog.hu.
Consumer complaints can be made in writing via the customer service at contact@endoblog.hu
You may initiate the procedure of a conciliation body for the simple, quick, out-of-court settlement of disputes (consumer disputes) with the Service Provider.

Valid from 23 February 2020 until revoked and/or amended. Its provisions shall apply only to contracts concluded after its entry into force; earlier contracts shall be governed by the provisions of the general terms and conditions of contract prior to its entry into force.

Online booking and consultations

1. The Service Provider owns the website www.endoblog.hu and www.endoblog.hu/eshop (hereinafter referred to as the "Website"), through which it provides psychological counselling, perinatal counselling and coaching services (hereinafter referred to as the "Service").

The service provided by the Service Provider is solely mental health assistance, and the professional and life coaching provided is not psychotherapeutic and is not a substitute for medical and health care.

2.Users may be any natural person who has the capacity to act. In the case of a minor with limited legal capacity (over 14 years of age), the consent of his/her legal representative is required. However, in the event that, despite the User's declaration - and the false age given by him - the User has not yet reached the age of 18, the Service Provider cannot assume any liability. Incapacitated persons may not use the Service.

3. The use of the Site presumes that the User is of full mental capacity, does not have a mental illness, and can take responsibility for his/her own fate and decisions. Should the consultation reveal otherwise, we recommend consulting a psychiatrist. The User acknowledges that the articles and blog posts on the website specified in this section do not constitute a professional opinion, given that each situation and problem is unique and therefore requires individual assessment, which is the responsibility of the User.

The contracting parties stipulate that the User, by using the website referred to in point 1, or by using the individual menu items on the website, acknowledges and accepts with his/her express consent that the above activities create a contractual relationship between the User and the Service Provider, which is governed by the provisions of these General Terms and Conditions, as well as the current General Terms and Conditions of the website referred to in point 1, and the provisions of which are binding on the contracting parties. It shall constitute a contract even if it is not signed. In the event of using this service, the User expressly acknowledges that, once the appointment has been booked, his declaration to use the service shall be subject to the payment of a fee. The total amount of the consideration (fee) shall include all charges for the billing period.

Use of the service

1. The use of the service provided by the Service Provider by the User shall be as follows:

The User makes an appointment with the Service Provider through the appointment booking system on the website indicated in point 1. In the case of online consultation, payment is made in advance by bank transfer, and in the case of a personal appointment, payment can be made in cash or by bank transfer. By using the service, the User accepts that the Service Provider is entitled to request the necessary data (such as postal address) to issue the invoice. Online psychological counselling is provided by Skype/Viber/Facetime call at a time selected by the User and agreed with the Service Provider (this can be deviated from by prior arrangement).

Reservations can be made - and cancelled - at least 48 hours in advance. If the cancellation or modification is made within 48 hours before the booked appointment, the User shall be liable to pay the fee even if the online consultation is not used.

2.The User acknowledges that neither the personal nor the online consultation is considered as medical care, in case of mental problems the Service Provider recommends the use of medical care. The User acknowledges that in case of emergency or suicide risk, the Service Provider recommends the use of a free telephone psychological helpline or admission to a psychiatric ward.

The Service Provider declares, and the User acknowledges and accepts by using the service, that the User is responsible for the truthfulness of all data and information provided by the User, and the Service Provider shall not be liable for the content thereof.

Value for money of the service

You expressly acknowledge that the Service is a fee-based service. The use of the Service is subject to payment of a fee and prior appointment.

Payment methods

Payment for the service may be made by the following methods, at the User's choice:

- Payment can be made by bank transfer to the account number indicated on www.endoblog.hu/kapcsolat, by indicating the User's name in the notice or, in special cases, by agreement, in cash or via PayPal.

Liability provisions

The User undertakes and warrants to use the services under this Agreement in a proper and lawful manner, in full compliance with the applicable legal provisions and these General Terms and Conditions. The User hereby undertakes to reimburse the Service Provider, upon request and within the time limit specified in the request, for all damages, fines and any other costs claimed by the competent authorities, courts or third parties against the Service Provider for the violation of the applicable legislation and/or these General Terms and Conditions by the User or the consequences thereof. On the basis of the above, within the legal framework, the User shall be liable directly against the rightful party (instead of the Service Provider), and on the basis of this, shall pay the fine imposed, the damages assessed, the costs to the imposing, assessing authority, court, third party. If the Service Provider has already paid the above, the User shall have an immediate obligation to pay compensation to the Service Provider.The Service Provider shall not be liable for any consequences arising from the incompleteness of the data provided by the User (including information on the User's health) or subsequently modified data, or from incorrectly provided data.

The Service Provider will make every effort to ensure the continuity of its service, but shall not be liable for errors and their consequences due to causes beyond its control, in particular, but not limited to, outages in the Internet network, other technical errors, downtimes, behaviour that violates the security of information systems, errors and consequences caused by destructive applications, programs, viruses installed by others.

Consulting a psychologist does not absolve the individual from personal responsibility for his or her own fate and life. In certain rare cases, the psychologist or perinatal counsellor may refer you to other professionals, such as a psychiatrist (in case of mental illness, need for medication) or a general practitioner (e.g. in case of suspected somatic illness). V of the Civil Code of 2013, § 6:152, in addition to the liability for intentionally caused damage to human life, bodily injury or health, the Provider excludes all liability for damages and the Customer waives any such claims.

Subject to the provisions of these General Terms and Conditions, the User acknowledges that the Service Provider's liability for any damages is limited to actual direct damages and the Service Provider expressly excludes any liability for indirect, consequential or exemplary damages, including, but not limited to, loss of profits, costs and non-material damages. The User acknowledges and expressly agrees that any claim for damages against the Service Provider shall be limited to the amount of the service fee affected by the claim.

Copyright provisions

By reading the contents of the Website, the User acquires the right to use the contents of the Website for the purpose of obtaining his/her own personal information. The aforementioned contents are the intellectual property of Nóra Ávai, and the author does not consent to their use for commercial purposes or to their unchanged or largely similar reproduction or other use. In exceptional cases, where the author consents to the use of the content, the author's written permission and acknowledgement of the source is required. In case of violation, a penalty of HUF 25,000 per day per copied article and HUF 120,000 per day per copied page will be charged to the unauthorised user. Copied page content is deemed to be copied if the copy contains more than 20% of the total page content of the said text copied without permission. By the receipt, the user expressly accepts this penalty agreement. Notarized content certification will be used to prove this at the expense of the infringer. The user also submits to the Hungarian copyright law.

If the Service Provider detects any unlawful conduct on the part of the User or any conduct in violation of the General Terms and Conditions, the Service Provider shall be entitled - after prior notification of the User - to exclude the User from using the service without any obligation to pay compensation.

Data protection

Details of the data protection provisions are set out in the privacy notice.

Complaints handling

1. The User may communicate any complaint regarding the service to the Service Provider verbally, using the form under the Service Provider's Contact Us menu item, or by e-mail to habismelinda@gmail.com, who will handle the complaint in accordance with the provisions of Act CLV of 1997 on Consumer Protection.

2. The User may submit a complaint to the following authority:

Budapest Conciliation Board
1016 Budapest, Krisztina krt. 99. III. floor. 310.
mailing address: 1253 Budapest, Pf. 10.
E-mail address: bekelteto.testulet@bkik.hu
Phone: 06/1/488-2131.
Otherwise, in accordance with the provisions of Act CLV of 1997 on Consumer Protection
are the guidelines.

Valid from 23 February 2020 until revoked and/or amended. Its provisions shall apply only to contracts concluded after its entry into force; earlier contracts shall be governed by the provisions of the general terms and conditions of contract prior to its entry into force.

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