General Terms and Conditions of Contract and Training
The present General Terms and Conditions (hereinafter referred to as “GTC”) define the rights and obligations arising from the legal relationship between Kalmár András e.v. (hereinafter referred to as “Service Provider”), the customer (hereinafter referred to as “Customer”) who pays for the online interface and the participant (hereinafter referred to as “Participant”) who participates in the service.
If the Participant is under 18 years of age, the Customer shall be the legal representative of the Participant only.
The Purchaser and the Participant are collectively referred to as the Purchasers (hereinafter referred to as “Purchasers”).
1: Service provider
Name: Kalmár András e.v.
Address: 1. 1/2. Kőporos utca, Miskolc, 3531, Hungary
Registration number: 53193548
Tax number: 69445394-1-25
Representative: András Kalmár
2. Scope and validity
These GTC are in force indefinitely from the date of their publication on the website and apply to the Service Provider and to the Participants enrolled in courses and sessions through the webshop operated by the Service Provider under the fullpotential.academy website, the services available on the website, the use of the website, the use of the services, the use of the website, the use of the services, the use of the webshop operated by the Service Provider and the Participants enrolled in courses and sessions through the webshop operated by the Service Provider.
By clicking on the “Order” button, the Customer accepts the terms and conditions of the GTC and simultaneously enters into a contract with the Service Provider, which is in English and constitutes an oral contract. The contract shall not be considered a written contract and shall not be registered by the Service Provider. The contract shall be deemed to be an electronic distance contract concluded by means of a device for communication at a distance.
The Service Provider reserves the right to unilaterally change the GTC on the website. Orders already placed and confirmed shall in any case be subject to the GTC in force at the time of confirmation of the order.
4. Products and services
The current prices of the products and services available for purchase can be found on the pages describing their characteristics. The purchase prices shown are gross consumer prices, i.e. for each product or service the total purchase price to be paid plus tax, expressed in Hungarian forints (HUF) or euros (EUR). In all cases, the actual consumer price to be paid is indicated when the order is confirmed.
If a special price is introduced, the Service Provider will fully inform the Customers on its website about the discount rate and the duration of the discount, and in case of a discount linked to the use of a coupon or a minimum order amount, about the conditions of its use.
The Supplier reserves the right to change the prices of the products displayed on the website. Any price change will not apply to the price of products already ordered and confirmed.
In the event that an incorrect price is indicated in the webshop or in the order confirmation, in particular in the case of a clearly incorrect price: e.g. 0Ft, 1Ft, 0€, 1€, etc., or a price significantly reduced compared to the average price but not indicated as a discount, the Service Provider is not obliged to sell the product at the incorrect price. The Service Provider shall offer the Customer the possibility to buy the product at the correct price after the order has been placed at the incorrect price. If the Customer does not accept this, the Supplier shall have the right to cancel the order.
5. How to buy
Buyers can find out about the essential features of a product on the product presentation page. If there are any questions about the product before placing an order, the Service Provider or a colleague will be happy to assist the Customers by using one of the telephone or e-mail contact details provided on the website or by clicking on the “Contact” button in the footer and filling in the form on the page accessible via the contact form and clicking on the “Submit” button.
The Customer may express his/her wish to purchase or participate by clicking on one of the “I am interested” or “I want to subscribe” buttons on the product pages.
On the purchase sub-pages that open from these buttons, the Customer can indicate if he/she has a coupon code and wishes to benefit from the associated discount by entering the coupon code in the field marked “Enter coupon code” and clicking on the button marked “Redeem coupon” next to it.
If the Customer has sufficient funds, the payment transaction will be made by clicking on the “PAYMENT” button, which constitutes a declaration of intent and finalises the purchase.
After the transaction, the Customer will be redirected back to the site operated by the Service Provider, where he will receive an electronic confirmation of the successful transaction.
The Service Provider will then start processing the order, which will take place every working day between 9 a.m. and 5 p.m. Central European Time. Orders received by the Service Provider outside the above time period shall be deemed to have been received by the Service Provider at the beginning of the first processing period following the date of receipt of the amount to be paid into the Service Provider’s bank account and shall be processed within 48 hours from that date.
The contract for the purchase of the product is concluded upon receipt by the Customer of an e-mail message from the Service Provider. The confirmation e-mail shall be deemed to be confirmation of the conclusion of the contract on a durable medium.
The order and its confirmation shall be deemed to have been received by the Service Provider or the Customer at the time when it becomes available to him.
The Service Provider draws the attention of the Customer to the fact that if the Customer does not receive the e-mail message confirming the order within 48 hours, for reasons attributable to the Service Provider, the transaction shall be deemed to have failed and both parties shall be released from any obligation to make an offer or to enter into a contract.
It is the sole responsibility of the Customer to notify the Service Provider without delay if the confirmation is not received.
If the Service Provider is unable to fulfil the order already paid for for any reason in its own interest, it shall reimburse the Customer the full purchase price and delivery charges within 14 days of the occurrence of the impediment.
6. Reporting and correcting incorrect data
If the Customer wishes to make changes to an order already placed or has provided incorrect information, he/she must immediately notify the Service Provider at one of the Service Provider’s contact details so that the Service Provider can correct the order before the execution of the order. If the order is corrected, the Service Provider shall send a new confirmation of the order with the amended content, whereby the purchase contract shall be concluded or, in the case of an incorrect order already accepted, amended in accordance with the amendment. The Supplier draws the Customers’ attention to the need to check the content of the confirmation of receipt of the order and the confirmation of acceptance of the order. If the content of either confirmation differs from the content of the order and the Customer does not object to the discrepancy within 24 hours of receipt of the confirmation, or if payment is made after receipt of the confirmation, the content of the confirmation shall prevail. Upon notification to the Service Provider of a confirmation with a different content, the Service Provider shall examine the notification and, if justified, correct the order.
The Customer accepts and acknowledges that the Service Provider shall not be liable for any delay in performance or any other problems or errors resulting from the Customer’s incorrectly and/or inaccurately provided data, the provision of e-mail contact details not suitable for receiving e-mails.
7. Payment options
7.1. Online payment by credit card
Prepayment in the process of sending the order using the online payment service chosen by the Customer.
Online payment by credit card is only available to natural persons who are consumers. In the case of payment by credit card by a non-consumer (legal) person, the order will be automatically rejected and the paid registration fee will be refunded within 14 days in the same way as the payment.
The online credit card payment service is provided by Paylike ApS, Denmark (Paylike for short). When using this service, the Customer may pay by credit card.
When paying by credit card, the Customer shall provide the details of the credit card used for payment directly and exclusively to Paylike ApS, Denmark (in short: Paylike), P.O. Pedersens Vej 14 Skejby, 8200 Aarhus N Denmark. Paylike does not share this information with the Service Provider. The Customer’s credit card details are transferred to Paylike’s server during the payment process via a certified encrypted HTTPS protocol.
Further terms and conditions of online payment are set out in the terms and conditions of the payment service provider (https://paylike.hu/privacy), which the Customer can find out about before payment on the payment service provider’s interface, which will appear on the enrolment page during the payment of the order, after clicking on the “Enrol” button.
7.2. Payment by bank transfer:
The bank account of the Service Provider to which the Customer transfers the total amount of the ordered products and delivery after the order:
Account holder: Kalmár András e.v.
Bank account number: 12100011-10416190 (Granit Bank)
IBAN (BANK ACCOUNT NO. IBAN + BANK ACCOUNT NO. SWIFT:
Communication: order number (“#….” in the confirmation e-mail)
In case of choosing to pay by bank transfer, the Customer may also indicate his/her order request for products and services by e-mail.
The Customer shall transfer the total amount of the order (including delivery charges) to the bank account number provided in the order confirmation e-mail. The Service Provider shall start the execution of the order after the total amount payable by the Customer against the order has been credited to the Service Provider’s bank account.
If the Service Provider is unable to fulfil the order already paid for reasons in its own interest, it shall reimburse the Customer the full purchase price and the delivery charge within 14 days of the occurrence of the impediment.
If the order amount is not received in the Service Provider’s bank account within 2 days, the Service Provider shall consider the order as cancelled and delete it from its system.
7.3. Issuing an invoice
The Customer shall issue an invoice for the purchase of the Products and Services to the Customer based on the data provided by the Customer, which shall be sent to the Customer by e-mail. For issuing the invoice, the Customer shall use an invoicing software provided by Billingo Technologies Zártkörűűen Működő Részvénytársaság (Registered office and central administration: 1133 Budapest, Árbóc utca 6., Company registration number: 01-10-140802, Tax number: 27926309-2-41, Web: www.billingo.hu)
8. Training contract conditions
The following terms and conditions are accepted by clicking on “Enrolment” on the ordering page and ticking the mandatory box.
I, the undersigned Participant or, as the Customer, the legal representative of the Participant, declare under the knowledge of my criminal liability that the data provided by the Participant at the time of application are correct, that I have received the information on the processing of personal data and that I consent to the processing of personal data in accordance with Section 21 of the Act on the Processing of Personal Data. I declare that I have received the consent to the transfer of data pursuant to Section 15 (1) a) ab) of the Fktv. 6:7.§ (3) and I have made my application for training as a legal declaration in the knowledge of this information.
I declare that I have received all the information about the training (training information, customer service, complaints handling, how to use the services related to adult education, right of withdrawal, data management information, data reporting of the adult education provider). I have concluded an oral adult education contract with the Trainer in accordance with § 6:63 of the Civil Code, and I have read, understood and accept the contents of the adult education contract for the training.
The Service Provider reserves the right not to start training courses advertised on its website if the minimum number of applicants (4) is not reached. In this case, the Participant will automatically be registered for the course starting on the next advertised date for the subject of the Training. The Provider excludes any liability in connection with the later start of the training for this reason. The Service Provider shall refund the training fee already paid to the Client if the training does not start due to lack of sufficient participants and the Participant withdraws his/her intention to participate in the next training course to be started in writing.
The content of the training will include: instructor-led training, theoretical material, practical exercises, recurring questions on specific topics, self-testing questions, tests, and those mentioned on the sub-page of the training on the fullpotential.academy website operated by the Provider.
The Service Provider reserves the right to change the identity of the instructors. If any session is cancelled due to the fault of the Provider, a replacement session will be held free of charge and the Participant will be notified of the date and time of the replacement session.
If a Participant fails to attend a session for reasons of his/her own, the session will be considered lost and cannot be replaced. In such a case, the Participant may request the Provider to make a video and audio recording of the session available to him/her.
The training is not subject to an examination, but the Participant may receive a certificate of completion of the training. To receive the certificate, the Participant must indicate this in writing before the course starts and must not prohibit the transmission of his/her data to the Adult Education Data System. The certificate will be sent to the Participant electronically and cannot be sent by post.
If it can be proven that the training cannot be completed due to the Provider’s negligence, the Provider shall be liable for repayment of the training fee up to the amount of the training fee paid, and shall not be liable for any damages in excess of this amount.
The Service Provider shall be entitled to use subcontractors and contributors in the performance of the order.
In the case of a contract concluded through the fullpotential.academy website operated by the Service Provider, the Customer has the right to exercise his right of withdrawal without giving reasons before the start date of the ordered training. An exception to this is if the subpage of the ordered training course contained information to the contrary at the time of ordering (e.g. “If after the first two sessions of the course you feel that the method does not resonate with your expectations or you are not getting the value you expected, simply send an email to email@example.com and you will be refunded the course fee without question.)
The Customer may exercise the right to withdraw without giving a reason in writing, by sending an email to the contact details of the Service Provider and by filling in the contact form on the “Contact” sub-page of the website and clicking on the “Submit” button.
The Service Provider shall reimburse the total amount paid by the Customer as consideration within 14 calendar days of being informed of the withdrawal at the latest, in the same way as the Customer has used for payment. Subject to the written agreement of the Customer, the Service Provider may use another method of payment for the refund, but the Customer shall not be charged any additional costs as a result.
Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act) and Section 1 (1) of Act XI of 1997 on the Protection of Trademarks and Geographical Indications (hereinafter: the Trademark Act), the graphic designs, trademarks, logos and other information and materials appearing on the Service Provider’s website are the exclusive property of the Service Provider and its contractual partners. These signs may not be used, copied, distributed or published in any way by customers or other third parties for the purpose of generating revenue without the express prior written consent of the Service Provider or its contractual partners. Any material may be reproduced from the website and its database only with the written consent of the copyright holder and by reference to the website and acknowledgement of the source.
The Service Provider reserves all rights in and to the website, any part of the website and the content appearing thereon, and the distribution of the website. The downloading, electronic storage, processing, transmission and sale of the contents of the website or any part thereof without the written consent of the Provider is prohibited. The same applies to adult education training courses that the Customer attends at the Service Provider.
11. 1. Handling complaints
In the event that the Customer does not receive a satisfactory and satisfactory response from the Service Provider to his/her request, he/she may send his/her comments and complaints by e-mail to firstname.lastname@example.org or by filling in the form under the “Contact” menu on the Service Provider’s website and clicking on the “Send” button. The Service Provider requests the Customer to refer in his complaint to any previous conciliation and the circumstances under which the conciliation did not produce a satisfactory result for him.
The Service Provider shall reply to the complaint in writing to the Customer within 30 days at the latest and, if it does not consider the complaint to be justified, shall give reasons for its position in writing.
If the complaint is rejected, the Service Provider shall inform the Customer in writing of the authority or conciliation body to which the complaint may be submitted, according to 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 Customer resides or is staying. The information shall also indicate whether the Service Provider will use the conciliation body’s procedure to settle the consumer dispute.
The Service Provider shall keep the minutes of the complaint and a copy of the reply for five years and shall present them to the supervisory authorities at their request.
11.2. Other enforcement options
If any consumer dispute between the Service Provider and the Customer is not resolved during the complaint handling procedure, the Customer has the following enforcement options:
Complaint to the consumer protection authorities. If the Customers perceive a violation of their consumer rights, they have the right to lodge a complaint with the consumer protection authority of their place of residence. After examining the complaint, the authority will decide whether to initiate consumer protection proceedings.
Conciliation Body. For the out-of-court and amicable settlement of consumer disputes concerning the quality of service and the conclusion and performance of the contract, Customers may initiate proceedings before the competent territorial conciliation body. For the purposes of the rules applicable to the Conciliation Body, a consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise within the meaning of a separate law, who uses a service or is the addressee of a commercial communication or offer relating to a service.
Contact details of the Conciliation Board run by the Borsod-Abaúj-Zemplén County Chamber of Commerce and Industry:
3525 Miskolc, Szentpáli u. 1.
Tel.: +36-46-501-091, 501-090
Court proceedings. The Buyers are entitled to enforce their claims arising from the dispute before the courts in civil proceedings in accordance with the applicable law.
National Authority for Data Protection and Freedom of Information
Postal address: 1530 Budapest, PO Box 5.
Phone: +36 1 391 1400
Fax: +36 1 391 1410
European Commission’s online dispute settlement platform
This internet-based platform was set up by the EU for consumers who want to complain about products or services they have bought online and ask a neutral third party (dispute resolution body) to handle the complaint.
12. Final provisions
These GTC shall be governed by and construed in accordance with the rules of Hungarian law, without regard to any conflict of law provisions.
The Service Provider and the Customer stipulate that the Miskolc District Court shall have exclusive jurisdiction for any dispute relating to these GTC and to the services and product(s) provided by the Service Provider, regardless of any conflict of laws.