EFFECTIVE: January 1, 2022.
These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of Ildikó Pásztor EV. (hereinafter: Service Provider) and the Customer (hereinafter: Customer) using the electronic commerce services provided by the Service Provider through the dikofitt.com website (Service Provider and Customer hereinafter collectively: Parties).
The GTC applies to all legal transactions and services that take place through the dikofitt.com website, regardless of whether they are performed from Hungary or abroad, by the Service Provider or its collaborators.
Service Provider Details:
1.1. The scope of these GTC covers all electronic commercial services provided in Hungary via the dikofitt.com website (hereinafter referred to as the Website) and the electronic store located there (hereinafter referred to as the Web Store).
Furthermore, the scope of these GTC extends to all commercial transactions in the territory of Hungary that are concluded between the Parties specified in this contract. Purchases in the Online Store are regulated by Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society (“Elkertv”).
1.2. Purchases in the Online Store are possible by placing an order electronically, as specified in these GTC.
1.3. A significant part of the Web Store’s services is available to all users, even without registration. However, some services require registration (and then login), which anyone is entitled to, as stated in the GTC.
1.4. After placing the order, the contract can be modified or cancelled freely and without consequences until its fulfillment. This can be done by e-mail.
The contract concluded between the Parties in Hungarian upon the purchase of the goods is considered a written contract, and the Service Provider files it and keeps it for 5 years after its conclusion.
1.5. The language of the contract is Hungarian.
1.6. The Service Provider is not subject to the provisions of any code of conduct.
1.7. Customer service contact details
• Customer service opening hours: 9am-3pm, weekdays
• Internet address: dikofitt.com
• E-mail: dikofitness@gmail.com
2.1. The essential properties and characteristics of the goods or services to be purchased, as well as instructions for the use of the goods, can be found on the information page of the specific item.
The Service Provider shall be deemed to have performed in accordance with the contract if the product has more favorable or advantageous properties than the information provided on the website or in the instructions for use.
If you have any questions about the product before purchasing, our customer service is ready to help.
If you need more information about the quality, basic properties, use, or usability of any goods on the Website than what is provided on the website, please contact our customer service, whose details and contact information can be found in Section 1.7.
2.2. The purchase price is always the amount indicated on the page of the selected product, which, if not separately indicated, already includes VAT.
The purchase price of the products does not include the cost of delivery, unless otherwise stated on the final payment page.
2.3. The Service Provider reserves the right to change the prices of products that can be ordered from the Website, provided that the modification enters into force simultaneously with its publication on the Website.
The modification will not adversely affect the purchase price of products already ordered. When initiating an online payment by credit card, we are unable to refund money in the event of a price decrease between the sending of the electronic payment notification and the receipt of the product.
The security check of the online payment transaction takes a minimum of 24 hours, and the product can only be received after this time.
2.4. If, despite all due care by the Service Provider, an incorrect price is displayed on the Website, especially with regard to an obviously incorrect price, e.g. a price of “0” HUF or “1” HUF that is significantly different from the well-known, generally accepted or estimated price of the product, or that may appear due to a system error, then the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, in the knowledge of which the Customer may withdraw from his intention to purchase.
The product images published on the website are in some cases only illustrations and may differ from reality.
2.5. The Service Provider accepts orders not only from registered Customers via its Website, but all fields relating to the Customer’s data must be completely filled in for the order. (If the Customer fills in any field incorrectly or incompletely, the Service Provider will receive an error message.)
The Service Provider is not liable for any delivery delays or other problems or errors attributable to incorrect and/or inaccurate order data provided by the Customer.
The Customer can order the selected products by using the “Order” button on the product details page that appears after clicking on each product.
The order is placed and the offer is sent after clicking on “Send order” (in case of transfer or cash on delivery) or “Continue to payment” (in case of online bank card payment). This creates a payment obligation for the Customer.
4.1. The Service Provider shall confirm the receipt of the offer (order) sent by the Customer without delay, via an automatic confirmation e-mail, no later than within 48 hours, to the Customer, which confirmation e-mail shall contain:
-data provided by the Customer during purchase or registration (e.g. billing and shipping information),
-the order ID,
-the date of the order,
-the list of elements belonging to the ordered product, their quantity, and the price of the product,
-shipping costs if the product requires shipping
-and the total amount to be paid.
This confirmation email only informs the Customer that their order has been received by the Service Provider.
4.2. The Customer is exempt from the binding offer if he does not receive a separate acceptance e-mail from the Service Provider regarding his submitted order without delay, i.e. within 48 hours.
4.3. If the Customer has already sent their order to the Service Provider and notices an error in the data in the confirmation email, they must notify the Service Provider within 1 day.
4.4. The order is considered a contract concluded electronically, which is governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on electronic commerce services and certain issues of services related to the information society.
The contract is subject to Government Decree 45/2014 (II.26.) on the detailed rules for contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
5.1. Payment by bank transfer is possible based on the details sent after ordering.
The order is placed via a form, to which the data necessary to complete the order is received in a response message.
The provisions of this section apply exclusively to natural persons acting outside their trade, profession or business activity who purchase, order, receive, use or make use of goods, as well as to recipients of commercial communications and offers related to the goods (hereinafter referred to as “Consumer”).
Consumer is entitled in the case of a contract for the sale of a product
a) the product,
b) when providing multiple products, the last product provided,
c) in the case of a product consisting of several items or pieces, withdraw from the contract without giving any reason within fourteen (14) days from the date of receipt of the last item or piece delivered by the Consumer or a third party designated by the Consumer other than the carrier.
The consumer has the right to exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
The consumer is not entitled to the right of withdrawal – in the case of the sale of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery; – in the case of a non-prefabricated product that was produced on the basis of the consumer’s instructions or at his express request, or in the case of a product or service that was clearly tailored to the consumer.
6.1.1. If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (for example, by post or by electronic mail) to the Service Provider using the contact details provided at the beginning of these GTC.
The Consumer exercises his right of withdrawal within the deadline if he sends his declaration of withdrawal to the Service Provider before the expiry of the deadline specified above.
6.1.2. The Consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with the provisions set out in point 7.
6.1.3. In both cases, the Service Provider shall immediately confirm receipt of the Consumer’s withdrawal statement by email.
6.1.4. In the event of withdrawal in writing, it shall be deemed to have been validated within the deadline if the Consumer sends his/her declaration to the Service Provider within 14 calendar days (even on the 14th calendar day).
6.1.5. In the event of notification by post, the Service Provider takes into account the date of posting, and in the event of notification by e-mail, the time of sending the e-mail or the e-mail, for the purpose of calculating the deadline.
The Consumer shall post his/her letter as registered mail so that the date of posting can be credibly proven.
6.1.6. In the event of withdrawal, the consumer is obliged to return the ordered product to the Service Provider without undue delay, but no later than 14 days after the notification of his/her withdrawal.
6.1.7. The deadline is deemed to have been met if the Consumer sends the product (posts it or hands it over to the courier ordered by him) before the 14-day deadline expires.
6.1.8. The cost of returning the product to the Service Provider’s address shall be borne by the Consumer, unless the Service Provider has agreed to bear these costs.
6.1.9. The Service Provider is not able to accept 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.
6.1.10. If the Consumer withdraws from the contract, the Service Provider shall immediately, but no later than within 14 days of receipt of the Consumer’s declaration of withdrawal, refund all payments made by the Consumer, including the shipping (delivery) costs, except for additional costs incurred due to the Consumer choosing a shipping method other than the cheapest standard shipping method offered by the Service Provider.
The Service Provider is entitled to withhold the refund until the product has been returned.
6.1.11. During the refund, the Service Provider uses the same payment method as the payment method used during 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 the use of this refund method.
6.1.12. The consumer can only be held liable for the decrease in value of the product if it occurred due to use exceeding the use necessary to establish the nature and properties of the product.
6.1.13. The Service Provider may demand reimbursement of the depreciation or reasonable costs resulting from use exceeding the use necessary to establish the nature, properties and operation of the product – if the performance of a contract for the provision of services has begun at the express request of the Consumer before the expiry of the deadline and he exercises his right of termination.
7.1. Mandatory warranty
7.1.1. The Service Provider is subject to a warranty obligation for its products pursuant to the Civil Code and Government Decree 151/2003. (IX. 22.), which means that during the warranty period it is only exempt from liability if it proves that the defect is attributable to improper use of the product.
7.1.2. The warranty period (the warranty period) begins with the actual performance, i.e. the handover of the product to the Customer, or if the installation is carried out by the Service Provider or its agent, the date of installation.
Durable consumer goods are the products listed in the annex to Government Decree 151/2003. (IX.22.) on the mandatory warranty for certain durable consumer goods, for which the law stipulates a mandatory warranty period of one year. The (subject matter) scope of the decree applies only to products sold under a new consumer contract concluded in the territory of Hungary and listed in the annex to the decree.
The warranty does not cover a defect if its cause occurred after the product was delivered to the Customer, for example, if the defect was
– improper installation (except if the installation was carried out by the Service Provider or its agent, or if the improper installation is due to an error in the user manual)
– caused by improper use, disregard of the instructions for use and handling, – caused by improper storage, improper handling, or damage.
In the event of a defect covered by the warranty, the Customer:
– primarily – at his/her choice – may demand repair or replacement, unless the fulfillment of the chosen warranty claim is impossible or if it would result in disproportionate additional costs for the Service Provider compared to the fulfillment of the other warranty claim, taking into account the value of the product in flawless condition, the severity of the breach of contract and the harm caused to the Customer by the fulfillment of the warranty claim.
– if the Service Provider has not undertaken to repair or replace the product, cannot fulfill this obligation within the appropriate deadline, while protecting the interests of the Consumer, or if the Customer’s interest in the repair or replacement has ceased, the Customer may – at his/her choice – request a proportional reduction of the purchase price, repair the defect himself/herself at the expense of the Service Provider or have it repaired by someone else, or withdraw from the contract. There is no right to withdraw from the contract due to an insignificant defect.
If the Customer submits a replacement request within three working days of purchase (installation) due to a product defect, the Service Provider is obliged to replace the product, provided that the defect prevents its intended use.
The repair or replacement must be carried out within a reasonable time frame, taking into account the characteristics of the product and its intended purpose by the Customer, and in the best interests of the Customer. The Service Provider must strive to carry out the repair or replacement within a maximum of fifteen days.
During repair, only new parts may be installed in the product.
The warranty period does not include the part of the repair period during which the Customer cannot use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period starts anew for the replaced (repaired) product (part of the product) and for the defect arising as a result of the repair.
7.1.3. The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider.
7.1.4. The Service Provider is only exempt from its warranty obligation if it proves that the cause of the defect occurred after performance.
7.1.5. However, the Customer is not entitled to assert a warranty claim and a warranty claim, or a product warranty claim and a warranty claim, simultaneously and in parallel for the same defect. Notwithstanding these limitations, the Customer shall be entitled to the rights arising from the warranty regardless of the rights specified in points 9.1 and 9.2.
7.1.6. The warranty does not affect the Customer’s enforcement of his/her rights arising from the law, in particular those relating to warranty of materials and products, and compensation for damages.
7.1.7. If a legal dispute arises between the parties that cannot be settled amicably, the Client may initiate arbitration proceedings, based on the provisions of Section 12.2.
7.2. Voluntary guarantee
7.2.1. The Service Provider undertakes a warranty (guarantee) for the products it sells for the period specified on the Website in the Product description, which may be longer than the period specified in the government decree. The Service Provider communicates the warranty period for each product at the latest through the data included in the warranty card (warranty card) given upon receipt of the product by the Customer.
8.1. Warranty of accessories
8.1.1. The Customer may assert a warranty claim against the Service Provider in the event of defective performance by the Service Provider. In the case of a consumer contract, the Customer may assert warranty claims within a 2-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 its warranty rights beyond the two-year limitation period.
8.1.2. In the case of a contract concluded with a non-consumer, the entitled party may assert their warranty claims within a limitation period of 1 year from the date of receipt.
8.1.3. The Customer may, at his/her choice, request repair or replacement, unless the fulfillment of the request chosen by the Customer is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of his/her other request.
If the Customer did not or could not request the repair or replacement, he/she may request a proportional reduction in the consideration or the Customer may repair the defect at the Service Provider’s expense, or have it repaired by someone else, or – as a last resort – may withdraw from the contract. There is no right to withdraw due to an insignificant defect.
8.1.4. The Customer may switch from the chosen warranty right to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
8.1.5. The Customer is obliged to notify the Service Provider of the error immediately after its discovery, but no later than within two months of the discovery of the error.
8.1.6. The Customer may assert his warranty claim directly against the Service Provider.
8.1.7. Within six months of the performance of the contract, there is no other condition for asserting a warranty claim other than reporting 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 it was delivered to the Customer. If the Service Provider can prove that the defect was caused by 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 date of performance, the Customer is obliged to prove that the defect he has identified already existed at the time of performance.
8.1.8. If the Customer asserts a warranty claim with respect to a part of the product that can be separated from the specified defect, the warranty claim shall not be deemed to have been asserted for other parts of the product.
8.2. Product warranty
8.2.1. In the event of a defect in the product (movable property), the Customer, who is a consumer, may – at his/her choice – enforce the right to a warranty or a product warranty claim specified in point 9.1.
8.2.2. However, the Customer does not have the right to assert a warranty claim and a product warranty claim simultaneously and in parallel due to the same defect.
However, in the event of a successful product warranty claim, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.
8.2.3. As a product warranty claim, the Customer may only request the repair or replacement of the defective product. In the event of a product warranty claim, the Customer must prove the defect of the product.
8.2.4. A product is considered 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.
8.2.5. The Customer 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 Customer is obliged to notify the manufacturer of the defect without delay after discovering the defect.
A defect notified within two months of its discovery shall be deemed to have been notified without delay. The consumer shall be liable for any damage resulting from the delay in notification.
8.2.6. The Customer may exercise his product warranty claim against the manufacturer or distributor of the movable property (Service Provider).
8.2.7. According to the Civil Code, the manufacturer and distributor of the product is considered a manufacturer.
8.2.8. The manufacturer, distributor (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 according to the state of science and technology, or
• the defect in the product results from the application of a law or a mandatory official regulation.
8.2.9. The manufacturer, distributor (Service Provider) only needs to prove one reason to be exempted.
9.1. The information on the Website has been posted in good faith, however, it is for informational purposes only, and the Service Provider is not responsible for the accuracy or completeness of the information.
9.2. The Customer may use the Website solely at his own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from use, beyond the liability for breach of contract caused intentionally, with gross negligence or criminal act, or for damage to life, physical integrity or health.
9.3. The Service Provider excludes all liability for the conduct of users of the Website.
The Customer is fully and exclusively responsible for his/her own conduct, and in such cases the Service Provider fully cooperates with the relevant authorities to investigate any violations.
9.4. The pages of the service may contain links that lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers.
9.5. The Service Provider is entitled, but not obliged, to monitor any content made available by Customers while using the Website, and the Service Provider is entitled, but not obliged, to search for signs of illegal activity in relation to the published content.
9.6. Due to the global nature of the Internet, the Customer agrees to act in accordance with the provisions of applicable national laws when using the Website.
If any activity related to the use of the Website is not permitted under the law of the Customer’s country, the Customer shall be solely responsible for such use.
9.7. If the Customer notices objectionable content on the Website, he/she is obliged to immediately report it to the Service Provider. If the Service Provider finds the report to be well-founded in the course of its good faith proceedings, it is entitled to immediately delete or modify the information.
10.1. The Website is protected by copyright.
The Service Provider is the copyright holder or authorized user of all content displayed on the Website and in the course of providing services available through the Website: any copyrighted work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Website’s interface, the software and other solutions used, ideas, implementation).
10.2. Saving or printing the content of the Website and its parts on a physical or other data medium is permitted for private use or with the prior written consent of the Service Provider.
Use beyond private use – such as storage in a database, distribution, publication or download, commercial distribution – is only possible with the prior written permission of the Service Provider.
10.3. In addition to the rights expressly specified in these GTC, registration, use of the Website, or any provision of the GTC does not grant the Customer any right to use or exploit any trade name or trademark displayed on the Website.
Apart from the display, temporary reproduction and private copying required for the intended use of the Website, these intellectual works may not be used or exploited in any other form without the prior written permission of the Service Provider.
11.1. Complaints handling
The Customer may submit consumer complaints regarding the product or the Service Provider’s activities to the following contact details:
Customer Service (Customer Service)
• Email: dikofitness@gmail.com
The Customer may submit consumer complaints related to the product or its activities using the contact details set out in Section 12.1.
If the Customer does not agree with the handling of the complaint, or if an immediate investigation of the complaint is not possible, the Service Provider shall immediately record the complaint and its position on it, send it to the Customer by email at the latest together with the substantive response specified in the section on the written complaint, and shall proceed in accordance with the provisions regarding the written complaint.
The Service Provider is obliged to examine the written complaint and respond to it in substance within thirty days of its receipt and to ensure that the response reaches the Customer. If the Service Provider rejects the complaint, it is obliged to justify its position in its substantive response to the rejection.
The Service Provider is obliged to keep the minutes of the complaint and a copy of the response for five years.
The Service Provider accepts complaints submitted by the Customer via the direct contact details provided in Section 12.1 during customer service opening hours.
11.2. Other legal remedies
If any consumer dispute between the Service Provider and the Customer is not resolved during negotiations with the Service Provider, the following legal remedies are open to the Customer:
• Filing a complaint with consumer protection authorities.
If a Customer notices a violation of their consumer rights, they have the right to file a complaint with the consumer protection authority competent for their place of residence. After assessing the complaint, the authority will decide on the conduct of the consumer protection procedure.
• Conciliation board.
For the purpose of amicable out-of-court settlement of consumer disputes related to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings with the conciliation body operating under the professional chamber competent according to the registered office of the Service Provider.
For the purposes of the rules applicable to the Conciliation Board, a consumer is also a civil society organization, church, condominium, housing cooperative, micro, small and medium-sized enterprise under a separate law that buys, orders, receives, uses, or makes use of goods, or is the recipient of commercial communication or offers related to the goods.
Contact details of the Budapest Conciliation Board:
• 1016 Budapest, Krisztina krt. 99. III. em. 310.
• Mailing address: 1253 Budapest, Pf.: 10.
• E-mail address: bekelteto.testulet@bkik.hu
• Fax: 06 (1) 488 21 86
• Telephone: 06 (1) 488 21 31
– Court proceedings. The customer is entitled to enforce his claim arising from a consumer dispute before the court in civil proceedings in accordance with the provisions of Act IV of 1959 on the Civil Code and Act V of 2013 on the Code of Civil Procedure.
12.1. The dikofitt.com website is an information system based on Linux/PHP, its security level is adequate, its use does not pose any risk, however, we recommend that you take the following precautions: use virus and spyware protection software with a fresh database, install security updates for the operating system.
Purchasing on the Website assumes that the Customer is aware of the technical and technological limitations of the Internet and accepts the potential for errors inherent in the technology.
12.2. The Service Provider only serves orders for household quantities in its specialist stores and online store.
12.3. The Service Provider is entitled to unilaterally modify the terms of these GTC at any time. The Service Provider shall inform the users about the modifications by e-mail prior to their entry into force. When the modifications come into force, registered users must expressly accept them when logging in to the site in order to use the site.
