Terms and Conditions

Sportmonkey.hu
General Terms and Conditions

The contract concluded under this document shall not be filed (that is, it will not be available subsequently; the conclusion of the contract is evidenced by the ordering information); it is concluded only in electronic form, it is not considered to be a written contract, its original language is Hungarian, and it does not refer to a code of conduct. For any questions regarding the operation of the webshop, and the ordering or the shipping process, please contact us at the specified contact details.

This GTC applies to the legal relationships existing on the website of the Service Provider (https://sportmonkey.hu) and its subdomains. This GTC is continuously available (and can be downloaded, or printed at any time) from https://sportmonkey.hu/hu/aszf.

Definitions:

User: Any natural legal entity or organization, which uses the services of or enters into contract with the Service Provider.

Consumer: Any User who is a natural person acting outside his trade, self-employment or business activity.

Undertaking: A person acting in the course of his trade, self-employment or business activity.

Service Provider: A natural or legal entity or unincorporated organization providing information society-related services to and enters into a contractual relationship with User.

    1. SERVICE PROVIDER INFORMATION:
Name of Service Provider: Trimera Sports Hungary Kft.
Registered seat of Service Provider (as well as the location of complaint management): 1075 Budapest, Madách I. ú. 13-14. B. (complainant management: Nike Árkád: Árkád Budapest, Örs vezér tere 25/A, 1106)
Contact information of Service Provider, that is, the email address regularly used for communicating with Users: info@sportmonkey.hu
Company registry number of Service Provider: 0109975378 Tax identification number of Service Provider: 23724923-2-42
Name of registration authority/licensing authority and authorization number (if any): Trimera Sports Hungary Kft. 1075 Budapest, Madách I.ú. 13-14.B. / Court of registration: 1051 Budapest, Nádor u. 28.
Phone number of Service Provider: +36-70-771-6614 The original language of this contract: Hungarian
Name, address, email address of storage service provider:
Rackhost Zrt., 6722 Szeged Tisza Lajos krt.41. info@rackhost.hu Phone: +36-1-445-1200

    2. ESSENTIAL PROVISIONS:
        2.1. Issues not covered by this GTC and the interpretation of this GTC are governed by Hungarian law, in particular the relevant provisions of Act V of 2013 on the Hungarian Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and information society services; and with other pertinent regulations (“Electronic Commerce law”), as well as government decree 45/2014. (II. 26.) on the detailed rules governing contracts between consumers and businesses. The mandatory provisions of the relevant legislation shall continue to apply to the Parties without any restrictions.

        2.2. This GTC shall remain in force from October 20, 2020 until revoked. Service Provider shall be entitled to unilaterally amend the GTC (circumstances that may be the basis of the amendment: changes in legislation, business interest, company-related changes). The amendments shall be published by Service Provider on the website, as well as sent out via email to Users who have registered/made a purchase before, which allows the User to cancel or withdraw from the contract.

        2.3. Service Provider shall retain all rights regarding the website, any sections thereof and the content displayed there, as well as the distribution of the website. Downloading, electronically storing, processing, and selling the contents published on the website, or any parts thereof, without the written consent of the provider shall be prohibited.

    3. REGISTRATION/PURCHASE
        3.1. In the course of the registration/purchase, User is required to provide his or her own actual, real information. The electronic contract entered into based on information provided at the time of registration/purchase, which is false or linked to other persons, shall be null and void. Service Provider disclaims liability when User is using its services on behalf of, or using the information of a different person.

        3.2. Service Provider shall not be liable for any delays in delivery or any other problems resulting from data provided incorrectly and/or inaccurately by User.

        3.3. Service Provider shall not be liable for any damage resulting from User forgetting his or her password, or from the password becoming accessible for unauthorized persons for any reason not attributable to Service Provider (in case there is an existing registration on the site).

    4. AVAILABLE PRODUCTS AND SERVICES
        4.1. You can order displayed products from the online store online (in some cases by phone). The prices displayed for the products are gross prices provided in HUF (i.e. they include statutory VAT or, shall Service Provider be exempt from VAT, prices are the payable amounts), but they do not include shipping and payment processing fees. No additional packaging costs are charged unless User requests a decorative or other special packaging.

        4.2. Service Provider shall display the detailed name and description of the product in the webshop, together with a photograph of the products (that are in stock). The images displayed on the product data sheet may be different from reality and may only be provided as an illustration.

        4.3. In case a discount price is introduced, Service Provider shall provide comprehensive information to Users about the promotion and its exact duration.

        4.4. If, despite all the diligence of Service Provider, incorrect price is displayed in the webshop, particularly in the case of obviously incorrect prices, which are significantly different from the common, generally accepted or estimated price of the product, or prices of HUF “0” or “1” displayed due to a system error, Service Provider is not required to confirm the order at the incorrect price, but may decline the offer, and may offer to confirm the purchase with the correct price, allowing the User to cancel the purchase. A difference of at least 50% in either positive or negative direction from the market value of the product or service is considered to be significant, in accordance with domestic case law. However, Users shall be informed that gross disparity in the values exchanged (Civil Code 6:98) is not defined by law.

        4.5. The incorrect price defined in 4.4 means gross disparity in the values exchanged regarding the real and the displayed price of the product, which any User should immediately detect. Based on Act V of 2013 on the Hungarian Civil Code (“Civil Code”) this contract is concluded between the parties in accordance with their mutual intent. If the parties are unable to agree on the terms of the contract, that is, there is no declaration expressing the parties' mutual intent, no valid contract shall be concluded from which rights and obligations would arise.

    5. THE ORDERING PROCESS

        5.1. Following the registration, User shall sign in to the webshop, or User can begin shopping without registration as well. 

        5.2. User shall set the number of product(s) they want to buy.

        5.3. User shall place the selected product(s) into the cart. User may check the content of the cart at any time, by clicking on the “cart” icon.

        5.4. When User is finished with the shopping, and does not want to buy any more items, User shall check the number of products in the cart. User may delete items from the cart by clicking on the “X” icon. User shall use the "+” or “-” icon for finalizing the quantity.

        5.5. User shall provide the shipping address, and the preferred shipping/payment method, which can be selected from the following types:

            5.5.1. Payment methods:

Cash on delivery: If the order is delivered by courier service or to a parcelshop, User may pay the total amount of the order by cash or bank card to the courier or at the parcelshop upon receipt of the order(s).

Online by bank card: User has the option to pay for the total amount of the order online, by bank card, via the secure payments system of a financial service provider contracted by Service Provider.

Via PayPal:

Process of paying via PayPal:

The transaction details are displayed on the left side of the page, and there are two options on the right side:

    a) If you have a PayPal registration, and you enter your valid ID and password, you will see the partial information of the card you previously specified together with the payable amount. If multiple cards are registered, you must select the card you want to pay with; then you have to click on Pay Now, which completes the payment, and you are shortly redirected to the site of the webshop.

    b) If you do not have a PayPal registration, you can pay the amount via a Guest PayPal access after filling in a form, without having to register with PayPal. The form requests the following information (most of these are mandatory):

Country
Card number
Payment Types
Expiration date – expiration date of the card in MM/YY format
CSC – the three-digit security code on the back of the card (to the right from the signature field)
First name
Last name
Address line 1
Address line 2 (optional)
City
State/Province/Region
Postal code
Telephone – Please enter a real phone number, where your bank can reach you if necessary. Please enter the country code and the area code

Email address – You will receive confirmation of payment to the email address entered here. When you have completed all fields, press “Review and Continue” at the bottom of the page.
 Here you can double check the information you provided together with the amount to be paid and the order itself.

If everything is OK, confirm the transaction. You will receive an email notification of the successful transaction in a matter of seconds, and Service Provider will concurrently receive a notification of the successful payment and start processing your order.

5.5.2. Shipping costs (gross amounts):

Cash on delivery: HUF 1190
Payment by bank card or PayPal: HUF 790;
Free of charge for orders over HUF 30,000.

        5.6. In case an error or deficiency arises in the webshop regarding the products or the prices, we reserve the right to correct these. In such cases, we shall inform the buyer of the new data immediately after recognizing the mistake and making the necessary amendments. User can then confirm the order once again, or may withdraw from the contract.

        5.7. The total payable amount includes all charges based on the summary of the order and the confirmation email. Based on section 6:127 of the Civil Code, User must examine the received package without delay and preferably in front of the courier at the time of delivery. The delivery of the product(s) takes place on business days between 8:00 a.m. and 5:00 p.m.

        5.8. Once all data have been provided, User may submit his or her order by clicking on “Place My Order,” but User can also confirm all information provided once again, and may include a comment with the order, or compose an email to us that includes any additional requests regarding the order.

        5.9. By placing the order, User acknowledges that a payment obligation is created.

        5.10. Correction of incorrectly entered data: Before placing the order, User can always go back to the previous phase, where User can change the entered information. In particular: In the course of setting up the order, User may view or edit the contents of the cart; shall the quantity differ from the intended amount, User can enter the intended number of items to purchase into the data field, then press the “Refresh/Refresh Cart” button to confirm the new quantity. In case User wishes to delete products already in the cart, this can be done by pressing the “X” button. In the course of setting up the order, User always has the possibility to correct/delete the information entered.

        5.11. After placing the order, User shall receive and email confirmation. If this confirmation does not arrive to User within a reasonable time limit, depending on the nature of the service, but no later than 48 hours after User placing the order, User shall be exempt from any offer validity and contact obligations. The order and its confirmation may be considered to have arrived to Service Provider and User, respectively, when it becomes accessible for them. Service Provider disclaims confirmation liability if the confirmation is not received in time because User enters an incorrect email address during the registration or cannot receive a message due to the remaining storage space available in his or her account.

        5.12. User acknowledges that the confirmation specified in the previous section is only an automatic confirmation and does not generate a contractual relationship. The contract is concluded when, following the automatic confirmation specified in the previous section, Service Provider notifies User in a new email about the details of the order and its expected execution.

    6. THE PROCESSING AND EXECUTION OF ORDERS
        6.1. Orders are processed during business hours. Orders may be placed outside the hours specified for processing the orders; in case the order is placed outside of business hours, it shall be processed the following day. In all cases, Service Provider’s customer service shall send an electronic confirmation about the feasible execution date of the order.

        6.2. A general execution deadline shall apply, which is 2–8 business days from the date on which the contract was concluded.

        6.3. Based on the sale and purchase agreement, Service Provider is obliged to transfer ownership of the property, and User is obliged to pay the purchase price and receive the property. User may modify, cancel, or withdraw from the order, until it is not handed over to the shipping company, but User acknowledges that after this the intention of amendment or cancellation can only be enforced by applying the right of withdrawal.

        6.4. If the seller is an Undertaking and the buyer is a Consumer, and seller undertakes to deliver the property to the buyer, risk of property damage is transferred to the buyer when the buyer or a designated third person takes over the property. If the carrier service is ordered by the buyer, the risk of property damage is transferred to the buyer at the time of handing over the product to the carrier service, provided that the carrier service was not recommended by the buyer. 

        6.5. If the seller is an Undertaking and the buyer is a Consumer, unless otherwise agreed by the parties, the seller (in this GTC the “Service Provider”) is obliged to hand over the property to the buyer (User) without any delay after the conclusion of the contract, but within 30 days the latest.

        6.6. In the event of any delay by the Service Provider, User is entitled to set an extended deadline. If the seller fails to execute the order within the extended deadline set, buyer is entitled to withdraw from the contract.

        6.7. User is entitled to withdraw from the contract without setting an extended deadline, if
    a) Service Provider has refused to perform the contract; or
    b) the contract should have been performed as agreed by the parties or, by virtue of the recognizable purpose of the service, at the specified time of delivery rather than at other times.

        6.8. Should Service Provider not perform its contractual obligation because the product specified in the contract is not at its disposal, Service Provider is obliged to immediately notify User about this, and to promptly reimburse User for the amount already paid.

        6.9. Service Provider reminds Users that if they do not receive the products delivered in accordance with the contract (regardless of payment method), they will be in breach of contract. Based on section 6:142 of the Civil Code, a person causing damage to the other party by breaching the contract shall be required to compensate for it. He shall be exempted from liability if he proves that the breach of contract was caused by a circumstance that was outside of his control and was not foreseeable at the time of concluding the contract, and he could not be expected to have avoided that circumstance or averted the damage. Damage incurred in the subject of the service shall be compensated for by means of damages. In the event of intentional breach of contract, the entire amount of damage arising on the part of the Service Provider shall be compensated for.

That is, Service Provider shall enforce all damages related to the purchase and storage of the products, as well as the shipment cost (back and forth) against User, unless User indicates his or her intention to withdraw.

Service Provider reminds Users that it shall resort to the assistance of its lawyers to pursue its legal claims, so any other (legal) expenses resulting from the breach (including processing fees for warrants for payment) will also be charged on User.

    7. RIGHT OF WITHDRAWAL
        7.1. Under Directive 2011/83/EU of the European Parliament and of the Council, as well as government decree 45/2014. (II. 26.) on the detailed rules governing contracts between consumers and businesses, User may withdraw from the contract without giving any reason, within fourteen days of receiving the ordered product, and may return it to Service Provider. If Undertaking fails to inform User thereof, the 14 withdrawal period shall be extended by 12 months. If Service Provide provides this information after more than 14 days from receiving the product or concluding the contract, but within 12 months, the withdrawal period shall be 14 days starting from the day when this information was provided.

        7.2. User may enforce the right of withdrawal by making a relevant and clear statement, or by using the declaration template defined in Annex 2 of government decree 45/2014. (II. 26.).

        7.3. The period for exercising the right of withdrawal shall expire 14 days from the date on which Consumer, or a designated third party different from the courier, receives the product.

        7.4. Consumer may also exercise the right of withdrawal between the conclusion of the contract and receiving the product.

        7.5. The cost of returning the product shall be paid by Consumer; Undertaking has not accepted liability for paying this cost.

        7.6. In exercising the right of withdrawal, Consumer shall not be charged with any further expenses other than the cost of returning the product.

        7.7. The right of withdrawal shall not be granted to Consumer in the case of products, which had not been pre-manufactured, have been produced under the instructions or at the express request of Consumer, or in the case of products that have been clearly personalized to the Consumer.

        7.8. Consumer may also not exercise the right of withdrawal

    a. in the case of a service contract, following the full rendering of services, if the rendering of services was started by Undertaking based on the express, preliminary approval of Consumer, and Consumer had acknowledged that following the full rendering of the services the entitlement to the right of withdrawal would be lost;
    b. in the case of products or services, the price or fee of which depends on the fluctuation of the financial market, which is out of the Undertaking’s control, and may occur within the withdrawal period;
    c. in the case of products, which are liable to deteriorate or expire rapidly;
    d. in the case of sealed goods, which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
    e. in the case of products, which, according to their nature, become inseparably mixed with other items after delivery;
    f. in the case of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days from the time of conclusion of the contract, and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Undertaking;
    g. in the case of a contracting agreement, where Undertaking visits Consumer upon the express request of Consumer for the purpose of carrying out urgent repairs or maintenance;
    h. in the case of purchasing sealed audio or video recordings or computer software, if they are unsealed after delivery by Consumer;
    i. in the case of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
    j. in the case of contracts concluded at a public auction;
    k. in the case of providing accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
    l. in the case of digital content, which is not supplied on a tangible medium, if the performance begins with Consumer's prior express consent and with the concurrent declaration of acknowledgement by Consumer of losing the right to withdraw after the performance begins.

        7.9. In accordance with the above legislation, Service Provider shall reimburse the Consumer for the paid amount, including the shipping fee, promptly after receiving the withdrawal declaration, but no later than 14 days from the date on which Service Provider becomes aware of the withdrawal.

        7.10. The refund shall be made using the same method of payment as the one used for the original transaction, unless Consumer expressly agrees to use another method of payment; no additional cost shall be charged to Consumer as a result of applying a given method of reimbursement.

        7.11. Consumer is obliged to return the goods to the address of Service Provider without undue delay and in no case later than 14 days after the date on which the notice of withdrawal from the contract is sent to Service Provider.

        7.12. In the event of a withdrawal in writing, Consumer only has to send the withdrawal declaration within 14 days.

        7.13. Consumer shall comply with the deadline, if the product(s) are returned within the 14-day period. The return is considered to be completed in time, if Consumer sends the product before the deadline expires.

        7.14. Consumer shall only bear the direct cost of returning the product.

        7.15. Service Provider shall not be obliged to reimburse the Consumer for the incremental costs resulting from choosing a shipping method different from the cheapest, regular shipping method offered by Service Provider.

        7.16. Service Provider is entitled to withhold the reimbursement until the good(s) are received, or Consumer provides proof of having sent them back: out of these two events, the earlier shall be taken into account.

        7.17. If Consumer wishes to exercise the right of withdrawal, this can be indicated via any contact methods specified by Service Provider in writing (even using the supplied data sheet), on the phone and also in person. When the written notification is made by post, the date of the mailing is taken into account, and in the case of a phone call, the time of the call. The ordered product may be returned by Consumer to Service Provider by post or courier service.

        7.18. Consumer shall only be liable for any depreciation resulting from the use beyond what is necessary to establish the nature and characteristics of the product.

        7.19. Government decree 45/2014. (II. 26.) on the detailed rules governing contracts between consumers and businesses is available here.

        7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here.
        7.21. Consumer may also contact Service Provider with other complaints via the contact details provided in this GTC.

        7.22. The right of withdrawal shall be granted only to Users considered Consumers under the Civil Code.

        7.23. The right of withdrawal does not benefit an Undertaking, that is, a person acting in the course of his trade, self-employment or business activity.

        7.24. The process of exercising the right of withdrawal:

            7.24.1. If Consumer wishes to exercise the right of withdrawal, the intention to withdraw must be indicated via the contact details of Service Provider.

            7.24.2. Consumer shall exercise the right of withdrawal in a timely manner, if the withdrawal declaration is sent out before the expiry of the 14-day period from receiving the product. In the event of a withdrawal in writing, only has the withdrawal declaration has to be sent out within 14 days. If the declaration is sent by post, the date of postmark is taken into account, and in the case of notification by email or by fax, it is the time of sending out the email or fax.

            7.24.3. In the event of withdrawal, Consumer is obliged to return the ordered product to the address of Service Provider without delay but no later than within 14 days from stating the intent of withdrawal. The deadline is deemed to have been observed if Consumer sends out the product before the 14-day deadline (i.e. it does not have to arrive within 14 days). The customer shall bear the costs of returning the goods occurring as a result of exercising the right of withdrawal.

            7.24.4. However, Service Provider shall not be obliged to reimburse the Consumer for the incremental costs resulting from choosing a shipping method different from the cheapest, regular shipping method offered by Service Provider. Consumer may also exercise the right of withdrawal between the conclusion of the contract and receiving the product.

            7.24.5. If multiple products are involved in the transaction, and the delivery of each product takes place at a different time, Consumer may exercise the right of withdrawal within 14 days from receiving the last delivered product, or in the case of a product consisting of several items or pieces, within 14 days from receiving the last part or piece.

    8. Warranties
Defective performance

The obligor performs defectively if, at the time of performance, the service does not comply with the quality requirements laid down in the contract or by law. The obligor’s performance shall not be deemed defective if the obligee was aware of the defect at the time of the conclusion of the contract, or should have been aware of the defect at the time of the conclusion of the contract.

In the contract between Consumer and Undertaking, a clause that departs, to the detriment of the Consumer, from the provisions of this Chapter on warranty for material defects and on guarantee shall be null and void.

Undertaking User: an entity acting in the course of his trade, self-employment or business activity.

Warranty for material defects

        8.1. In which cases may User exercise his or her rights under the warranty for material defects?

User may raise a warranty claim for material defects against Service Provider in the case of defective performance in accordance with the rules of the Civil Code.

        8.2. What rights does the User have under his claim for warranty for material defects?

User may choose to claim the following: repair or replacement, unless the performance of the chosen remedy for breach of warranty for material defects is impossible, or if it would result in disproportionate additional costs to the Undertaking compared to satisfying a different claim for warranty for material defects. User may claim the pro rata reduction of the consideration; may repair the defect himself or have it repaired by somebody else at the undertaking’s expense, or may cancel the contract if the undertaking did not undertake repairing or replacement, or was unable to comply with this obligation. User may switch from the chosen remedy for breach of warranty for material defects to another remedy, but User shall pay the costs caused by the switch, unless the undertaking caused the switch or the switch was otherwise justified.

        8.3. What is the time limit for User to exercise his or her rights under the warranty for material defects?
Following the detection of the defect, User (when considered Consumer) shall be required to communicate the defect to the obligor without delay, but no later than within 2 months. Please note that Consumer’s claim of warranty for material defects shall lapse after two years (one year in the case of companies and previously used items) from the time of performance.

        8.4. Who can be subject to a warranty for material defects?

Service Provider shall be the subject of User’s warranty claim for material defects.

        8.5. What are the additional conditions of exercising User’s rights under the warranty for material defects (provided that User is Consumer)?

Within six months of the performance, there is no additional condition for exercising User’s rights under the warranty for material defects than communicating the defect, provided that User demonstrates that the product or service was provided by the undertaking operating the webshop. However, when more than six months pass after the performance, User is also obliged to demonstrate that the defect detected by User was already present at the time of performance.

Product warranty

        8.6. In which cases may Consumer exercise his or her rights under the product warranty?

In the event of a defect in movable thing (product) Consumer may, at his or her choice, make a claim for product warranty or warranty for material defects.

        8.7. What rights does the consumer have under the claim for product warranty?

Under the product warranty, the consumer may only demand the repair or exchanging of the product.

        8.8. When is a product considered to be defective?

A product is defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the producer.

        8.9. What is the time limit for User to exercise the right under the product warranty?

The producer shall be subject to product warranty for two years after producer placed the relevant product on the market. The expiry of this time limit shall cause the forfeiture of rights.

        8.10. Who can be subject to a product warranty claim and under what additional conditions?

Only the producer or distributor of the movable item shall be the subject of User’s product warranty claim. For product warranty claims, Consumer must demonstrate the defect of the product.

        8.11. In which case is the producer (distributor) exempted from the product warranty?
The producer (distributor) shall be exempted from the product warranty obligation if he proves that:
    • he has not produced or distributed the product within his business activities; or
    • the defect was not recognisable given the state of scientific or technical knowledge when the product was placed on the market; or
    • the product’s defect was caused by the application of a law or a mandatory authority provision. The producer (distributor) shall be able to demonstrate one reason to be exempted.
Please note that it is not possible to issue a claim of warranty for material defects and product warranty at the same time and in parallel. However, if the product warranty claim is successfully enforced, in the event of replacement, the producer shall be subject to an obligation of warranty for material defects with respect to the replaced product, and in the event of repair, with respect to the part of the product affected by the repair.

        8.12. Service Provider is not liable for providing remedies for damages that resulted from defective or negligent handling, excessive use, impacts other than those specified, and other, improper uses of the products, after the risk of property damage was transferred.

    9 WARRANTY CLAIM PROCEDURES (FOR CONSUMER USERS)
        9.1. The contract between Consumer and Undertaking may not deviate from the provisions of the relevant legislation to the detriment of Consumer.

        9.2. It is Consumer’s obligation to prove the conclusion of the contract (by means of providing the invoice or receipt).

        9.3. The costs related to the performance of the warranty obligation shall be borne by Service Provider (Civil Code 6:166).

        9.4. Service Provider is obligated to record the warranty or guarantee claim of Consumer reported to Service Provider.

        9.5. A copy of the recorded document must be handed over to the consumer promptly, and in a verifiable manner.

        9.6. If Service Provider is unable to declare the enforceability of Consumer's claim for warranty or guarantee at the time of the notification, Service Provider shall inform Consumer of his position in a verifiable manner within five business days; in the case of refusal, the grounds for refusal and the possibility of recourse to the conciliation body shall also be included in this notification.

        9.7. Service Provider is obliged to keep the record for three years from the date of its creation, and shall be able to present it upon request of the audit authority.

        9.8. Service Provider shall endeavour to ensure that the repair or replacement is carried out within fifteen days.

    10. MISCELLANEOUS
        10.1. For the performance of his obligations, Service Provider shall be entitled to request the services of a vicarious agent. Service Provider shall be responsible for any unlawful conduct of this agent, as if the unlawful conduct had been committed by Service Provider.

        10.2. Should any part of this GTC become void, unlawful or unenforceable, this shall not affect the validity, lawfulness, or enforceability of the remaining parts.

        10.3. Where Service Provider does not exercise the rights under this GTC, not exercising a given right shall not be deemed to be a waiver of that right. The waiver of any right shall be valid only in the case of an express written declaration to that effect. The fact that Service Provider does not adhere strictly to a material condition or clause of this GTC on one occasion does not imply that it forgoes to insist on strict adherence to the given condition or clause.

        10.4. Service Provider and User shall endeavour to resolve any disputes by amicable ways.

        10.5. Parties establish that the webshop of Service Provider operates in Hungary, and its maintenance is carried out here. As the site may be visited from other countries as well, Users expressly acknowledge that Hungarian law is the governing law for the relationship between User and Service Provider. If User is Consumer, an action brought against Consumer for the enforcement of a claim arising from a contractual relationship shall fall within the exclusive territorial jurisdiction of the court of the domicile in Hungary of the defendant (Consumer), based on Section 26 (1) of Act CXXX of 2016 on the Code of Civil Procedure.

        10.6. Regarding the access of products listed in the webshop, Service Provider shall not apply different general terms of accessibility on the basis of User’s citizenship, place of residence or establishment.

        10.7. Regarding the accepted methods of payment, Service Provider shall not apply different conditions for the payment transactions based on reasons related to User’s citizenship, place of residence or establishment, the place of account management of the payment account, the payment service provider’s place of establishment, or the Member State in which the non-cash means of payment has been issued.

        10.8. Service Provider shall comply with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.

    11. COMPLAINT HANDLING PROCEDURE (FOR CONSUMER USERS)
        11.1. Our webshop endeavours to deliver all orders in appropriate quality to the complete satisfaction of the customer. If User shall have any complaints regardless, regarding the contract or its performance, User can notify Service Provider of this complaint via phone, email or post, on the above contact information.
        11.2. Service Provider shall promptly investigate all oral complaints and provide remedy as necessary. If customer does not agree with the handing of the complaint, or the immediate investigation of the complaint is not possible, Service Provider shall promptly take a protocol of the complaint and Service Provider’s position, and hand over a copy to the customer.

        11.3. Written complaints shall be answered in writing by Service Provider within 30 days. In the case of rejection, the reason for the rejection shall be stated. Service Provider shall keep the copy of the record and the answer for five years, and present it to the audit authority upon request.

        11.4. Please note that if the complaint is rejected, you can initiate an administrative or arbitration procedure in accordance with the following:

        11.5. Consumer may lodge a complaint with the consumer protection authority:

Pursuant to Sections 45/A. (1)-(3) of Act CLV of 1997 on consumer protection and Government Decree No 387/2016. (XII.2.) on the designation of the consumer protection authority, the district office shall proceed at first instance: https://www.kormanyhivatal.hu/hu/elerhetosegek

        11.6. With any complaint, Consumer can turn to an arbitration board, the contact information of which are listed below:

Baranya Megyei Békéltető Testület Címe: 7625 Pécs, Majorossy Imre u. 36. Telefonszáma: (72) 507-154; (20) 283-3422
Fax száma: (72) 507-152 Elnök: Dr. Bércesi Ferenc
Honlap cím: www.baranyabekeltetes.hu
E-mail cím: info@baranyabekeltetes.hu; kerelem@baranyabekeltetes.hu

Bács-Kiskun Megyei Békéltető Testület Címe: 6000 Kecskemét, Árpád krt. 4. Levelezési cím: 6001 Kecskemét Pf. 228. Telefonszáma: (76) 501-525; (76) 501-532; (70) 702-8403

Fax száma: (76) 501-538 Elnök: Dr. Horváth Zsuzsanna
Honlap cím: www.bacsbekeltetes.hu

E-mail cím: bekeltetes@bacsbekeltetes.hu

Békés Megyei Békéltető Testület

Címe: 5600 Békéscsaba, Penza ltp. 5.

Telefonszáma: (66) 324-976

Fax száma: (66) 324-976 Elnök: Dr. Bagdi László Honlap cím: www.bmkik.hu
E-mail cím: bekeltetes@bmkik.hu

Borsod-Abaúj-Zemplén Megyei Békéltető Testület

Címe: 3525 Miskolc, Szentpáli u. 1.

Telefonszáma: (46) 501-091 (új ügyek); 501-871 (folyamatban lévő ügyek) Elnök: Dr. Tulipán Péter
Honlap cím: www.bekeltetes.borsodmegye.hu E-mail cím: bekeltetes@bokik.hu

Budapesti Békéltető Testület

Címe: 1016 Budapest, Krisztina krt. 99.

Telefonszáma: (1) 488-2131

Fax száma: (1) 488-2186 Elnök: Dr. Inzelt Éva Veronika
Honlap cím: https://bekeltet.bkik.hu/

E-mail cím: bekelteto.testulet@bkik.hu

Csongrád-Csanád Megyei Békéltető Testület

Címe: 6721 Szeged, Párizsi krt. 8-12. Telefonszáma: (62) 554-250/118 mellék Fax száma: (62) 426-149
Elnök: Dr. Horváth Károly

Honlap cím: www.bekeltetes-csongrad.hu E-mail cím: bekelteto.testulet@csmkik.hu

Fejér Megyei Békéltető Testület

Címe: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Telefonszáma: (22) 510-310
Fax száma: (22) 510-312 Elnök: Dr. Vári Kovács József
Honlap cím: www.bekeltetesfejer.hu
E-mail cím: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Győr-Moson-Sopron Megyei Békéltető Testület

Címe: 9021 Győr, Szent István út 10/a. Telefonszáma: (96) 520-217
Elnök: Dr. Bagoly Beáta

Honlap cím: https://gymsmkik.hu/bekelteto E-mail cím: bekeltetotestulet@gymskik.hu

Hajdú-Bihar Megyei Békéltető Testület

Székhelye: 4025 Debrecen, Petőfi tér 10.

Ügyintézés helyszíne: 4025 Debrecen Vörösmarty u. 13-15. Telefonszáma: (52) 500-710; (52) 500-745
Fax száma: (52) 500-720 Elnök: Dr. Hajnal Zsolt
Honlap cím: https://www.hbmbekeltetes.hu E-mail cím: bekelteto@hbkik.hu

Heves Megyei Békéltető Testület

Levelezési cím: 3300 Eger, Pf. 440. Ügyfélfogadás: 3300 Eger, Hadnagy u. 6. földszint
Telefonszáma: (36) 416-660/105 mellék Fax száma: (36) 323-615 Elnök: Dr. Gondos István
Honlap cím: www.hkik.hu/hu/content/bekelteto-testulet E-mail cím: bekeltetes@hkik.hu

Jász-Nagykun-Szolnok Megyei Békéltető Testület Címe: 5000 Szolnok, Verseghy park 8. III. emelet Telefonszáma: (20) 373-2570
Fax száma: (56) 370-005

Elnök: Dr. Lajkóné dr. Vígh Judit

Honlap cím: https://www.iparkamaraszolnok.hu/ugyintezes/bekelteto-testulet E-mail cím: bekeltetotestulet@iparkamaraszolnok.hu

Komárom-Esztergom Megyei Békéltető Testület

Címe: 2800 Tatabánya, Fő tér 36.

Telefonszáma: (34) 513-010

Fax száma: (34) 316-259 Elnök: Dr. Bures Gabriella
Honlap cím: www.kemkik.hu/hu/bekeltet-otilde-testulet E-mail cím: bekeltetes@kemkik.hu

Nógrád Megyei Békéltető Testület Címe: 3100 Salgótarján, Alkotmány u. 9/a Telefonszám: (32) 520-860
Fax száma: (32) 520-862 Elnök: Dr. Pongó Erik Honlap cím: www.nkik.hu E-mail cím: nkik@nkik.hu

Pest Megyei Békéltető Testület

Székhelye: 1119 Budapest, Etele út 59-61. II. emelet 240.

Levelezési cím: 1364 Budapest, Pf.: 81

Telefonszáma: (1)-269-0703

Fax száma: (1)- 269-0703 Elnök: Dr. Koncz Pál
Honlap cím: www.pestmegyeibekelteto.hu; www.panaszrendezes.hu E-mail cím: pmbekelteto@pmkik.hu

Somogy Megyei Békéltető Testület

Címe: 7400 Kaposvár, Anna utca 6.

Telefonszáma: (82) 501-000

Fax száma: (82) 501-046 Elnök: Dr. Csapláros Imre
Honlap cím: https://www.skik.hu/bekelteto-testulet-159 E-mail cím: skik@skik.hu

Szabolcs-Szatmár-Bereg Megyei Békéltető Testület

Címe: 4400 Nyíregyháza, Széchenyi u. 2.

Telefonszáma: (42) 420-180

Fax száma: (42) 420-180

Elnök: Görömbeiné dr. Balmaz Katalin Honlap cím: www.bekeltetes-szabolcs.hu E-mail cím: bekelteto@szabkam.hu

Tolna Megyei Békéltető Testület

Címe: 7100 Szekszárd, Arany J. u. 23-25. Telefonszáma: (74) 411-661; (30) 664-2130
Fax száma: (74) 411-456 Elnök: Mónus Gréta
Honlap cím: https://www.tmkik.hu/hu/bekelteto-testulet_2 E-mail cím: bekeltett@tmkik.hu; kamara@tmkik.hu

Vas Megyei Békéltető Testület

Ügyfélfogadás: 9700 Szombathely, Rákóczi Ferenc u. 23. Telefonszáma: (94) 312-356; (94) 506-645; (30) 956-6708
Fax száma: (94) 316-936 Elnök: Dr. Kövesdi Zoltán
Honlap cím: www.vasibekelteto.hu E-mail cím: pergel.bea@vmkik.hu

Veszprém Megyei Békéltető Testület

Címe: 8200 Veszprém, Radnóti tér 1.

Telefonszáma: (88) 814-121; (88) 814-111

Fax száma: (88) 412-150 Elnök: Dr. Herjavecz Klára
Honlap cím: www.bekeltetesveszprem.hu E-mail cím: info@bekeltetesveszprem.hu
Zala Megyei Békéltető Testület

Címe: 8900 Zalaegerszeg, Petőfi utca 24.

Telefonszáma: (92) 550-513

Fax száma: (92) 550-525 Elnök: Dr. Molnár Sándor
Holap cím: www.bekelteteszala.hu E-mail cím: zmbekelteto@zmkik.hu

        11.7. Arbitration boards are responsible for the out-of-court settlement of consumer disputes. It is the duty of the arbitration board to attempt to reach a settlement between the parties for resolving a consumer dispute, and should this attempt fail, to make a decision on the matter in order to ensure a simple, rapid, efficient and cost-effective enforcement of consumer rights. The arbitration board shall, at the request of the consumer or the Service Provider, advise the consumer on the rights and obligations of the consumer.

        11.8. In the event of a cross-border consumer dispute relating to an online sales or service contract, the competent arbitration board shall be the one operated by the chamber appointed by a decree of the minister for consumer protection affairs.

        11.9. Consumer can make use of the Eu’s Online Dispute Resolution (ODR) platform in the event of a complaint. The use of the platform requires a simple registration in the European Commission’s system by clicking here. Then, after signing in, Consumer can lodge a complaint via the website http://ec.europa.eu/odr

        11.10. Service Provider shall be subject to a cooperation obligation in the arbitration procedure. In this context, it shall send its answer to the arbitration board and provide for the participation of the person authorized to establish an agreement at the hearing. Where the registered office or site of the undertaking is not in the country of the chamber operating the competent arbitration board, the undertaking's cooperation obligation shall extend to offering the possibility of a written settlement in accordance with the consumer's request.

        11.11. Where the consumer does not refer the matter to an arbitration board, or where the procedure does not yield a resolution, the consumer may apply to a court of law in order to settle the dispute. The action must be brought to court by a statement of claim, which must include the following information:
    • the court seized;
    • the names, places of residence and litigation position of the parties and the representatives thereof;
    • the right to be enforced, by presenting the facts on which it is based and the evidence thereof;
    • the information from which the scope of authority and jurisdiction of the court can be established;
    • a firm request for a decision of the court.
The application must be accompanied by the document or a copy thereof, the content of which is to be referred to as evidence.

    12. COPYRIGHTS
        12.1. Whereas https://sportmonkey.hu, as a website, is considered to be a copyright work, the downloading (reproduction), communicating to the public, or any other use, electronic storage, processing and sale of the contents that appear on the https://sportmonkey.hu website or any parts thereof, without Service Provider’s written consent, is prohibited.

        12.2. Even in the case of a written consent, any material from the https://sportmonkey.hu website and its database may be taken over only with reference to that website.

12.3. Service Provider shall retain all rights to all elements of its service, its domain names, their secondary domain names and its online advertising spaces.

        12.4. Adaptation or decryption of the contents of the https://sportmonkey.hu website or any parts thereof; unfair generation of user IDs and passwords; use of any application that may be used for modifying or indexing the https://sportmonkey.hu website or any part thereof is prohibited.

        12.5. The name https://sportmonkey.hu is protected by copyright and may be used only with the written consent of Service provider, except for the URL.

        12.6. User acknowledges that Service Provider is entitled to liquidated damages in the case of unauthorized use. The amount of the damages is HUF 60,000 per images and HUF 20,000 per words. User acknowledges that this penalty clause is not excessive, and User shall browse the site in this knowledge. In the event of a copyright infringement, Service Provider shall use a notarial certificate of fact, the cost of which shall also be passed on to the infringer.

    13. DATA PROTECTION
The website’s Data Processing Policy is available at https://sportmonkey.hu/hu/adatvedelem Budapest, October 20, 2020.
Sample Declaration of Withdrawal
(complete and return it only if you wish to withdraw from the contract)

Recipient (name, postal address, email address, fax, phone number): Trimera Sports Hungary Kft., 1075 Budapest, Madách I. ú. 13-14.B. (complainant management: Nike Árkád: Árkád Budapest, Örs vezér tere 25/A, 1106), info@sportmonkey.hu, +36-70-771-6614

The undersigned hereby declares that I withdraw from the purchase transaction of the following goods:

Date of order/receipt:

Consumer(s) name:

Consumer(s) address:

Consumer(s) signature (only in case of a written notification):

 

For our webshop, Worldline – SIX Payment Services provides the possibility to accept your card. When you pay by card, at the time of making your payment you will be redirected to the service provider’s payment site – Saferpay – so the payment takes place directly on the site operated by the service provider in accordance with the regulations and safety requirements of the international card networks.

The webshop shall not receive your card information (e.g. number or expiry date) and the related bank account information in any form and shall have no access to these whatsoever.

Please prepare your card for making the payment. In order to pay by card, you will need the following information:

• Card number (13–19-digit number printed or embossed on the front of the card)

• Expiry date (mm/yy format number printed or embossed on the front of the card)

• Security code (the last three digits of the number sequence in the signature field on back of the card {CVV2 or CVC2}). (Some Maestro cards are not suitable for online purchase. In such cases, please contact the bank issuing your card.)

To further enhance the security of online card acceptance, Worldline – Six Payment Services introduced the 3D Secure, i.e. Verified by Visa/MasterCardSecure Code (VbV/MSC) service. Under this service, the bank issuing the card used for payment provides an additional means of authentication for the card holder, which is verified in the course of the transaction to unambiguously identify the person using the card.

If the VbV/MSC service is not available at the bank issuing your card, or you have not requested it, the payment process will not change. The webshop shall redirect you to the Saferpay site of Worldline – SIX Payment Services, where you shall provide your card information (card number, expiry date, security code).

If your card has the VbV/MSC service activated, the payment process will change. After you enter your card information (card number, expiry date, security code), the bank issuing your card will automatically redirect you to the appropriate site for completing the authentication procedure. Following the successful authentication, the payment transaction continues, you shall receive a notification of the successful transaction, and you shall be redirected to the webshop. In case the authentication cannot be carried out, the transaction shall fail.