GENERAL TERMS AND CONDITIONS (GCF)
Balance Your Life
Welcome to our website! Please read this document carefully, because the content offered tomorrow (e.g. free professional articles, photos, other materials) by using or benefiting from a service You accept the content of the present General Terms and Conditions (hereinafter: GTC) in force!
1.1. The present GTC cover the use of all content and services that the user of the service (hereinafter referred to as "User") i) accesses free of charge on the website, or ii) initiates by placing an order with the Service Provider. By accepting these GTC, the Parties agree to a separate contract for the service selected (the "Contract") as set out in clause 8.3.
The provisions of the Contract and these GTC shall complement each other and shall apply jointly. The GTC shall govern generally in all matters not otherwise expressly provided for in the Contract.
1.2. If the User is a natural person, i.e. a consumer, the GTC contain the rules on information required by law in the case of distance contracts, the rules on liability and the right of withdrawal.
1.3. By displaying the GTC on the website, the Service Provider enables and makes available to the User the necessary information required by law when visiting the website - and before concluding the Contract. By ordering the Service, the User accepts and acknowledges the provisions of these GTC as binding upon him/her. The GTC shall also apply to users who are not consumers, except for the rights and obligations expressly granted to consumers.
Name: Beatrix Sudár self-employed
Seat: Allerheiligenstrasse 25. 4th floor li, Frankfurt am Main, 60313
Tax number: 014 873 04163
Email: [email protected]
Online shopping platform provider: Stripe, Inc.
Terms and conditions: a contractual term which has been unilaterally determined in advance by the user for the purpose of concluding several contracts, without the involvement of the other party, and which has not been individually negotiated by the parties.
Parties: Service Provider and User together.
User: any natural person, legal entity or unincorporated business entity who visits the website or uses the service free of charge.
Consumers: a natural person acting outside the scope of his or her profession, self-employment or business activity.
Consumer contract: a contract concluded between a consumer and a person (who) concludes the contract in the course of his economic or professional activity.
Website: the website indicated in these GTC (www.balanceyourlife.hu), which is the basis for the conclusion of the Contract.
Goodwill: the guarantee for the performance of the contract under the Civil Code, which the undertaking voluntarily assumes for the proper performance of the contract in addition to its statutory obligation or in the absence thereof.
Contract/service: Lifestyle or health programme (Lifestyle Survey, Lifestyle Survey+, Lifestyle Mentoring Programme, Lifestyle Survey+, Management Health Programme, Health Day), online appointment, provided by the Service Provider, which the User uses free of charge or free of charge and by which a contractual relationship is established between the Parties.
Service provider: an undertaking engaged in a service activity.
Contract between remote parties: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance selling system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract.
A device that enables communication between remote parties: an instrument which is capable of making a contractual declaration in the absence of the Parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in the press, catalogues, telephones, faxes and Internet access devices.
Business: a person acting in the course of his or her profession, self-employed occupation or business.
Purchase price: the consideration payable for the service.
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
373/2021 (30.VI.) Government Decree on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)
The trademarks, logos, content and other materials displayed on the website are protected by copyright. No third party may use, copy, distribute or publish the content of the website in any way or for any purpose without express prior written consent. You may not create any link to any other website without prior written consent. Any unlawful use may result in legal action.
Services can be purchased and are available without territorial restrictions.
You can request a 30-minute online chat by filling in the form on the website or by sending an email with the date and time. After submitting the form, the User will receive a confirmation of the booked appointment. The appointment can be cancelled or modified by contacting the Service Provider directly.
The survey covers five different areas Lifestyle Test starts by filling in. During the evaluation (which takes one hour), the results and any questions that arise are discussed with the Service Provider in an expert consultation.
The service also includes Smart plate service, which includes the design of a personalised dietary guide for the User to ensure optimal nutrient intake.
The Lifestyle Survey + service also includes Inflammation assessment test. The test is carried out by the user in his/her own home. A Evaluation of the blood test It will take place with the assistance of a service provider, for 60 minutes.
Lifestyle Test
Lifestyle test evaluation (1 hour)
Designing your smart plate
Blood test to assess inflammation
Blood test evaluation (1 hour)
Basic macrobiotic nutrition education (2 hours)
Nutrition diary (8-12 weeks)
Individual nutrition planner (1 week)
Setting trends for your lifestyle
Preparing your supplement portfolio
Tracking your supplement portfolio
Practical cooking lessons (3 times)
Ongoing mentoring (1 session per month)
Inflammation assessment control test
Control blood test evaluation (1 hour)
Supplementary food package (8 months)
7.1. The price indicated for the service that can be purchased through the website is in euros (EUR), the exact amount of which will depend on the current daily exchange rate. Prices are exclusive of VAT. The Service Provider shall indicate the approximate amount of the prices in HUF next to the prices in EUR for information purposes. The Service Provider reserves the right to modify the prices. The modification of prices shall not affect any Contract already concluded.
7.2. In case of incorrect price indication (price including 0 amount, discount in case of discounted price, incorrectly calculated discount), the Service Provider offers the possibility to order the service at the real price. The User shall be entitled to decide whether to order the service at the real price or to cancel the order, in which case the User shall not be subject to any adverse legal consequences.
7.3. The User acknowledges that the provisions of 6.2.-6.5. 6.6.2.1.2, the Service Provider reserves the right to refuse to provide the service if, based on professional criteria, it considers that it is not possible to fulfil the User's application or order, and the Service Provider shall inform the User of this in each case, stating the reasons for the refusal, and shall immediately return the amount paid to the bank account number provided by the User.
8.1. The User can order the selected service (program) through the payment portal provided by Stripe, Inc. and available through the Website.
8.2. Issuing an account
After the payment, the User will receive a confirmation of payment through the website's system, and the electronic invoice will be sent automatically through the Stripe payment system.
8.3. You can place your order at any time.
The Service Provider shall, no later than 72 hours after the order for the service. confirms by e-mail your offer, except in the case provided for in clause 7.3, together with the additional information which forms the basis of and forms part of the order and which is set out in these GTC. draft contract. The draft contract shall be considered an offer by the Service Provider, which shall be valid for two days from the date of its dispatch.
The Service Provider's obligation to provide the Service shall be deemed to have been fulfilled upon the conclusion of the Contract between the Parties (acceptance, signature and sending of the same to the Service Provider by the User and return of the signed copy by the Service Provider). The Parties accept the validity of the legal declarations made and the conclusion of the Contract by electronic means.
The consumer's right of withdrawal is set out in Government Decree 45/2014 (26.II.26.) (hereinafter: the Decree), which regulates the conditions and procedural rules applicable to the right of withdrawal. It follows from the definition of "consumer" that sole proprietors, sole proprietorships, partnerships, legal entities, unincorporated associations, condominiums are not considered consumers and therefore cannot exercise the right of withdrawal without giving reasons.
The Regulation also defines the cases in which the The consumer cannot exercise his right of withdrawal. The User shall not have the right of withdrawal in the case of a contract for the provision of a service after the service has been fully performed, if the Service Provider has given the User an express prior notice of withdrawal.
has commenced performance with the User's consent, and the User has acknowledged at the same time that he/she has lost his/her right of withdrawal after the commencement of performance.
By accepting these Terms and Conditions, the User agrees that the Service Provider may use the Withdrawal, Lifestyle Survey, Lifestyle Survey+, Lifestyle Mentoring Programme, Lifestyle Survey+, Management Health Programme, Health Day after the conclusion of the Contract for the Service, the User loses the right of withdrawal.
The obligor (Service Provider) shall be deemed to have performed defectively if the service does not meet the quality requirements laid down in the contract or by law at the time of performance. The obligor is not in default if the beneficiary (User) knew of the defect at the time of the conclusion of the contract or should have known of the defect at the time of the conclusion of the contract. In the event of a defect in the service, the Service Provider shall guarantee the warranty rights in accordance with the Civil Code and the Regulation, with the loss of the right of withdrawal under the Regulation in accordance with point 9. Any clause in a contract between a consumer and a business which derogates from the provisions of the Civil Code on the warranty of the consumer to the detriment of the consumer shall be null and void.
The Service Provider shall not be liable in the event that the User's personal computer or other portable device is not capable of opening and scanning the files (PDF) sent by the Service Provider due to the lack of the appropriate program or application.
The Service Provider shall provide the consumer information set out in this point on the basis of Annex 3 to the Regulation.
In which cases can you exercise your right to a warranty?
In the event of defective performance by the Service Provider, you may assert a claim against the Service Provider for ancillary liability in accordance with the rules of the Civil Code.
What rights do you have under a warranty claim?
You may, at your option, make the following warranty claims:You may request repair or replacement, unless the remedy of your choice is impossible or would impose disproportionate additional costs on the Service Provider compared to any other remedy. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or you may have the defect repaired or replaced at the Supplier's expense or, as a last resort, you may withdraw from the contract. You may transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the Service Provider gave a reason for it.
What is the time limit for you to claim your warranty?
You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should note that you cannot claim any rights to claim for defects beyond the two-year limitation period from the date of performance of the contract. If the subject of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year cannot be validly agreed.
Who can you claim against?
You may assert a warranty claim against the Service Provider.
What are the other conditions for enforcing your rights under the accessory warranty?
Within six months from the date of performance, you can assert a warranty claim on the basis of the defect, provided that you prove that the product or service was provided by the Service Provider. However, after six months from the date of performance, you must prove that the defect which you have discovered existed at the time of performance.
The mandatory legal warranty obligation does not apply to the services offered by the Service Provider.
11.1. Users of content (e.g. professional articles, photographs, other material) or services made available free of charge on the website for personal use only.
You may not do any of the following, nor may you encourage, assist or request anyone else to do any of the following:
11.2. The User is obliged to use the content and services in accordance with the regulations, otherwise the Service Provider is entitled to terminate the service and terminate the Contract with immediate effect. The User shall be liable for any damage resulting from incorrect or improper use. If the Service Provider becomes aware of any misuse or illegal use of the free content by the User, it may take legal action.
Use of the service in violation of this clause shall be considered a serious breach of the Contract at all times, and the Service Provider shall be entitled to terminate the service with immediate effect and terminate the Contract. In this case, the Service Provider is not entitled to refund the fee(s) paid by the User.
11.3. In the event of unlawful use of free content or infringement of the use of the service, the Service Provider is entitled - in addition to the above - to request a court to determine the infringement and may, among other things, claim:
11.4. In any case, the costs related to the application of the legal consequences shall be borne by the infringing User.
12.1. The Service Provider shall be liable for any damage, loss or expense arising from the use of the website or from its unavailability at any time, for any reason, for any period. accepts no liability. It also accepts no liability for for any changes to the data made by any unauthorised person, or as a result of delayed transmission of information, computer virus, line or system failure. The Service Provider reserves the right to modify the content of the website and to remove its availability. Furthermore, the Service Provider shall not be liable for any material created, transmitted or published by third parties which is linked to or referred to on the Website.
12.2. For information about the essential characteristics of the products and services that can be purchased through the website, please see the in the descriptions on the website and in these GTC, the Service Provider provides information on.. The Parties agree that The Service Provider accepts no liability for damages resulting from use of the products/services other than as described or in breach of the description.
12.3. As stated in the Privacy Notice, the User's consent is required for the processing of health data. The User is entitled to withdraw the consent already given at any time. However, if, due to the lack of data, any point(s) of the Contract cannot be fulfilled or can only be partially fulfilled, the Service Provider shall not be in breach of contract or in default of performance and shall not be liable. The withdrawal of consent shall not give rise to any obligation on the part of the Service Provider to refund the order price to any extent.
13.1. During the ordering of the service, before finalizing the order, the User has the possibility to continuously to correct or amend data. It is important that the User always takes care of the accuracy of the data, as the data provided by the User is the basis for billing and the provision of the service. The Service Provider expressly draws the User's attention to the fact that the e-mail address or the storage space of the mailbox prevent the conclusion of a Contract, in which case The Service Provider is not liable.
13.2. If the User discovers an error in the data provided after the service has been finalized, it is necessary to initiate the modification of the service request as soon as possible. You can notify the Service Provider of the modification of the service with an email sent from the email address provided when placing the order.
The User may submit a complaint regarding the conduct, activity or omission of the Service Provider or a person acting on behalf of the Service Provider directly related to the provision or sale of the service to the Service Provider in writing by electronic mail to the following contact details: [email protected]
The Service Provider is obliged to investigate and respond to the complaint in writing within 30 days of receipt. The Service Provider shall state the reasons for its decision to reject the complaint. If the complaint is rejected, the Service Provider must inform the Consumer in writing of the authority or conciliation body to which he or she may refer the complaint, depending on its nature. The information shall also include the headquarters, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the Consumer resides or is staying. The Service Provider shall inform the User who is a consumer whether or not to use the conciliation body procedure to settle the consumer dispute. In the event that any consumer dispute between the Service Provider and the Consumer cannot be settled amicably, the Consumer shall have the following enforcement options.
14.2. Consumer protection procedure
If you have any consumer protection problems, you can contact the consumer protection authority you can contact. The consumer protection authority shall act upon request or ex officio to investigate the Service Provider's market conduct from a consumer protection perspective. However, the consumer's individual case will be resolved by the conciliation body, i.e. the consumer protection authority will refer the applicant's case to the conciliation body. The consumer protection authority shall refer the case to the competent government office. The contact details of the consumer authority can be found at https://www.kormanyhivatalok.hu contact.
14.3. Court proceedings
The User is entitled to pursue his/her claim arising from a consumer dispute in court in accordance with the law.
14.4. Conciliation body
If the consumer User has a complaint about the service and is unable to settle it with the Service Provider, he/she may appeal to the conciliation body which has a fast, free and simple procedure. The conciliation body will try to reach an agreement between the Consumer and the Service Provider, failing which it will decide on the matter. It is important to note that the Consumer may only refer to the conciliation body in relation to the performance of his contract, i.e. his individual dispute, and not in relation to other matters falling within the competence of the consumer protection authority (e.g. misrepresentation, price indication, etc.), in which case the conciliation body will refer the matter to the consumer protection authority. The conciliation body is an independent body run by the county (metropolitan) chambers of commerce and industry. It has the power to settle consumer disputes out of court.
The Service Provider has a duty to cooperate, which means that the Service Provider is obliged to submit a reply to the conciliation hearing. A precondition for the initiation of conciliation proceedings is that the User must attempt to resolve the complaint directly with the Service Provider before the proceedings are initiated. If the direct settlement is unsuccessful, an application may be submitted to the conciliation body. The decision of the conciliation body shall not affect the Consumer's right to pursue his claim in court, even after the conciliation procedure has been completed.
The Service Provider does not have the legal status of an "Unfair Commercial Practices Act". code of conductel.
If any provision of these GTC is incomplete or invalid, this shall not affect the other provisions of these GTC. The ineffective or incomplete part shall be replaced by the contractual intention of the Parties and the purpose of the Contract, as well as by the provisions of the applicable legislation.
16.1. The present GTC shall be governed by the Civil Code. Book XV, Chapter XV, § 6:77, shall be deemed to be the general terms and conditions referred to in this Article and shall be treated as such.
16.2. The language of the GTC and of the Contract concluded on the basis thereof is Hungarian. The legal relationship between the Parties and these GTC shall be governed by the rules of Hungarian law. The Service Provider reserves the right to amend the GTC at any time. The amendment of the GTC shall not affect existing Contracts, and shall apply only to Contracts that enter into force after its publication. The Service Provider shall post the current version of the GTCs on its website.
16.3. By ordering the service and signing the Contract, the User acknowledges that he/she has read, understood and acknowledged the present GTC and accepts the provisions contained therein as binding, otherwise he/she is not entitled to use the service.
These GTC shall enter into force on 5 November 2024 and shall remain in force until revoked or amended.
Balance Your Life
