Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC)

General terms

Making a purchase or using a service through the webshop is considered to be an agreement between the service provider and the customer. The conditions of the agreement must be stipulated in accordance with the legal regulations. These General Terms and Conditions (hereinafter: GTC) are intended to make you familiar with the general terms and conditions regarding making a purchase through the RED index webshop.

Should the customer not agree to the provisions of the GTC, it will not be possible to use the service. The acceptance takes place by selecting the corresponding checkbox after reading the GTC on the website.

Regarding any questions not regulated in this GTC, and for the interpretation of the GTC, the provisions of Hungarian law shall prevail, with particular attention to the relevant provisions of Act V of 2013 on the Hungarian Civil Code (Civil Code), and of Act CVIII of 2001 on certain aspects of electronic commerce and information society services. The mandatory provisions of the applicable legal regulations shall be applicable to the parties, even if there is no specific reference to that.

Please, after reading through and understanding the GTC, should you agree to its content, confirm your agreement by selecting the corresponding checkbox, and use the service we provide afterwards.

The service provider

Name of the service provider operating the www.e-hormones.com/www.e-hormones.hu website: Gold Medicina Kereskedelmi és Szolgáltató Kft.

Service provider’s seat: H-1094 Budapest, Viola u 27-29.

Contact details of the service provider, email address regularly used for keeping in touch with consumers and for receiving consumer requests: info@e-hormones.com

Company number: 01-09-989202

VAT number: 23777701-2-41

Registering authority (company court): Budapest-Capital Regional Court, as company court

Operating license number: 122418 99605271

Professional Chamber: Hungarian Medical Chamber

Language of the agreement: Hungarian / English

Webhost:

3 in 1 Hosting Bt.

Address: H-2310 Szigetszentmiklós, Brassó utca 4/A.

VAT number: 22206118-2-13

Web designer:

Márkaépítés Profin Kft.

Address: H-6000 Kecskemét, Munkácsy M. u. 37.

VAT number: 24159036-2-03

Web: 1marketing.hu

Customer

The person using the RED index service provided on the www.e-hormones.com/www.e-hormones.hu website.

The evaluation is only for the determination of hormonal status in women. It is not applicable to men.

Under the age of 16 and during pregnancy, there is no point in the measurement of female sex hormones because it will give false results.

Registration

In the case of the RED index, making a purchase on the website is possible with or without a registration.

The registration makes the purchase at a later stage, and using discounts, easier, and it also makes the placement of orders simpler.

By registering on www.e-hormones.com/www.e-hormones.hu you confirm that you accept the provisions of this GTC, and you understand that by ordering the RED index service, the legal relationship between the parties will be regulated by this GTC.

It is mandatory to provide a user ID, a password and an email address at the registration.

You can request the deletion of your registration by contacting the service provider at the above mentioned contact details.

The sold product and service

The website (as a webstore) sells the RED index (Real Estrogen Dominance).

Description of the sold product and service

The RED index operated by the service provider calculates the percentage of real oestrogen dominance from the available laboratory results and data you provided via the form available on this website. On the basis of this value, it defines the gravity of the condition and the possible implications. The service provider sends this information by electronic means, to the email address you provided (asking also for a confirmation), in PDF format. The PDF document contains sensitive data in relation to you, whose secure management must be ensured by you, after the information has been sent to you in email. After sending out the information, the service provider is not liable for complying with the data security regulations.

The result of the RED index does not have any consequences or does not give rise to any obligations for you.

The assessment is conducted on the basis of the algorithm considered to be the know-how (proprietary knowledge) developed by Dr. PUSZTAI Zoltán, gynaecologist, based on his experience of several years.

Privacy Policy

The conditions of providing information for using the website and the offered service, and the information on data processing, are included in the privacy policy available at www.e-hormones.com/www.e-hormones.hu .

Customer understands that his/her personal details stored in the e-hormones.com user database by the data controller, Gold Medicina Kereskedelmi és Szolgáltató Kft. (H-1094 Budapest, Viola u 27-29.), were forwarded to OTP Mobil Kft. (H-1093 Budapest, Közraktár u. 30-32.), acting as data processor.

Customer acknowledge the following personal data stored in the user account of Gold Medicina Kereskedelmi és Szolgáltató Kft. (H-1094 Budapest, Viola u 27-29.) in the user database of e-hormones.com will be handed over to OTP Mobil Ltd. (1093 Budapest, Közraktár u. -32.) and is trusted as data processor. The data transferred by the data controller are the following:

  • Name
  • E-mail
  • Billing address
  • Amount

All privacy policies of the service provider are available in a breakdown of each topic at www.e-hormones.com/privacy-policy

The Data Controller does not store any special-category personal data needed for hormone calculation to be provided on the form, required for using the RED index service.

The data you provided are used by the IT system only for conducting the calculation and sending it via email immediately after the completion of the session. Subsequently, these data, including the result of the calculation, are deleted; therefore, the Data Controller will not be able to make them available to you again.

You will receive the RED index measurement results to the email address you provided. The service provider is not aware of the results. The measurement result is prepared on the basis of the algorithm, considered to be a know-how, working behind the RED index service, and you are the only person having access to it.

Neither the service provider, nor the data processor has access to the special-category data provided at the time of requesting the RED index service.

Neither the data controller, nor the data processor stores the measurement results obtained in the course of using the index service on the website or on other background data storage. Only the time of ordering the service is stored.

The safe management of the measurement results sent to you in email by using the RED index service is your responsibility.

Right to amend

The service provider may unilaterally amend the provisions of this GTC, the provided and sold services, the pricing, deadlines, etc. The service provider’s obligation for selling a particular service at a particular price prevails until changing the published price of that service on the website. The change is valid as of the time of publication on the website. The changes do not concern the price of the already ordered services.

The prices disclosed on the website are the gross prices at all times, they do not include the statutory VAT pursuant to applicable legal regulations, and the services are considered to be other human health activities, exempt from VAT.

Promotions

Should any promotional price be introduced, the service provider informs the Customers comprehensively on the website about the period and conditions of the promotion.

The service provider may provide promotional sales in the form of coupons at certain occasions or intervals. In the case of coupon promotions, the partial or full payment of the purchase price of the services is possible by providing the coupon code on the website. The coupon code has to be provided before its date of expiry and in accordance with its conditions of use, at the checkout stage, written into the corresponding field.

One coupon may be used only once, only one coupon may be redeemed during a purchase, and the coupons may not be used together. The further conditions of using the coupons are included in the terms and conditions of the corresponding promotion.

Should the customer purchase a coupon for using the RED index, and not redeem it before its date of expiry, the coupon is considered to be expired and its price is non-refundable.

Purchasing the RED index service

Using the RED index service is not subject to registration; however, it is also possible with registration. Registration is required only for those who want to check the times and dates of earlier orders at a later stage.

Service fee payment

The order incurs a payment obligation.

The service provider publishes the prices of its services on www.e-hormones.com/www.e-hormones.hu. The prices are always gross prices, they do not include VAT since the service provider conducts other human health activities, and as such it enjoys tax exemption.

The Customer can pay the service fee on the Service Provider’s website, only by online card payment. The számlázz.hu website issues the invoice with the service fee, and sends it to the Customer via email.

Payment by bank card

The online payment is provided by SimplePay by OTP Mobil, OTP Mobil Szolgáltató Kft. (H-1093 Budapest, Közraktár u. 30-32., 24386106-2-43). It is not required to register for paying by bank card. The bank card details will not be forwarded to SimplePay.

The recurring payment by bank card (hereinafter: “Recurring payment”) is a function belonging to the acceptance of the bank card provided by SimplePay, which means that it will be possible in the future to initiate new transactions with the bank card details provided by the Customer at the registration, without having to provide the card details again. The so-called “subject to approval” type recurring payment means that in the case of every payment, the Customer’s approval is required, i.e. the transaction must be approved at every payment in the future.

You will receive a notification on the successful payment via the means of communication used for traditional bank card payments.

By accepting the GTC the Customer gives consent to the use of recurring payments, to be able to process the further payments of this webshop (www.e-hormones.com/www.e-hormones.hu) from the user account after the successful registration, without having to provide the bank card details again. For your information(!): The management of the card details is in accordance with the policies of the credit and debit card companies. Neither the Service Provider, nor SimplePay has access to the bank card details.

The Service Provider is responsible for any recurring payment initiated by mistake or illegitimately, the Service Provider’s payment service provider (SimplePay) shall not be held liable for any claim whatsoever.

It is not required to provide your own personal details for issuing an invoice, the name and details of that entity must be provided, for which you would like the invoice to be issued.

Delivery, deadline, other costs

The service is delivered immediately via email; therefore, no further costs incur in terms of the performance.

The service order may be cancelled until the completion of the purchase.

Information on statutory exclusions regarding right of withdrawal and cancellation

Pursuant to Section 29(1)(c) of Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts concluded between consumers and businesses, the consumer may not exercise its right to withdraw and cancel in accordance with Section 20 in the case of a not prefabricated product which was prepared on the consumer’s order or explicit request, or in the case of a product which was particularly custom-made for the consumer.

The RED index service and its results are prepared on your explicit request, customised for you. The agreement is concluded immediately after placing the order and sending out the result via email. Out of the nature of the service, the RED index service is an exemption in accordance with the statutory exclusions regarding the consumer’s right of withdrawal and cancellation.

Legal relationship of the parties

Pursuant to the Gov. Decree, a distance contract is a consumer contract concluded in respect of the product or service subject to the agreement, within the framework of distance selling without the simultaneous physical presence of the parties, where the contracting parties exclusively use distance communication tools for the conclusion of the agreement. In the case of the RED index, a distance agreement is concluded between the customer and the service provider. The contract will not be filed; therefore, it will not be accessible later on.

Pursuant to the provisions of Act CVIII of 2001 on certain aspects of electronic commerce and information society services, parties agree that the agreement concluded by an order placed via the website is considered to be an agreement concluded in writing, in Hungarian or English language, and it is subjected to the Hungarian law. The provisions of this GTC apply to the agreement. The contractual relationship between the service provider the customer lasts until the completed performance of the service.

The email confirmation regarding the order (which also includes the measurement result) constitutes to be a part of the agreement between the Service Provider and the Customer, and by sending it out via email, it complies with the requirements of a “written confirmation” as per Section 18 of Gov. Decree No. 45/2014 (II. 26.). It also includes this GTC, which complies with the service provider’s duty to provide information as per Section 11(1) of Gov. Decree No. 45/2014 (II. 26.).

The placement of the order is possible on the online interface of the website. The service provider can accept and satisfy the order placed on the website if the customer fills all required fields during the purchase process. The website shall not be held liable for any losses arising from failing to do so, or for any technical errors arising in the course of the process. The customer shall bear the consequences of not providing the address or other information with the necessary details.

By expressing the intent to contract on the website incurs a payment obligation in favour of the service provider, which the customer is obliged to satisfy once he/she has clicked on the “Place order” button. After clicking on the button, the service provider’s website forwards the customer to the Simple Pay service provider to execute the payment transaction. After the successful payment transaction the system returns to the website of the service provider and displays a message on the successful transaction.

We would like to draw your attention to making sure that unauthorised parties will not be able to obtain your personal details while entering this information. Check your virus protection settings, updates and the appropriate operation of the firewalls on your computer.

If the customer closes the browser during the purchasing process and the session ends, or if any error occur on the customer’s side and the data will be lost, the process has to be restarted.

Technical solutions for correcting mistakes

Any mistakes in providing details during the process may be corrected at the final stage, before clicking on the “Add to cart” button.

In case of registration, the username cannot be changed, the password and the email address can be changed any time after login under the “My account” section.

The contents of the “Cart” can be checked or removed at any time.

Any data provided by mistake and realised after sending the order must be indicated immediately at the info@e-hormones.com email address.

Implied warranty

When can you exercise your rights related to implied warranty?

In the event of a defective performance of the RED index service, you may validate your warranty claim pursuant to the provisions of the Civil Code.

What are your rights based on your claims related to implied warranty?

According to your choice, you are entitled to the following claims related to implied warranty:

You can ask for repair or replacement, unless performing your choice of claim is impossible. In terms of the RED index the repair is impossible because the Service Provider does not store the RED index results, i.e. the repair becomes impossible.

Within what period can you exercise your right related to implied warranty?

You are obliged to report the defect in writing at info@e-hormones.com, immediately after it is discovered, but not later than within two months after such discovery. However, please note that after the two-year expiration period from the completion of the contract you may no longer enforce your implied warranty rights.

Against whom can you exercise your implied warranty rights?

You may exercise your implied warranty rights against the Service Provider.

What other conditions are there for you to exercise your implied warranty rights?

Within six months after delivery, exercising your rights related to implied warranty has no conditions other than reporting the defect, in case you can demonstrate that the product or service was sold or provided by the service provider. However, after six months following the delivery, you are obliged to prove that the defect detected by you already existed at the date of delivery.

Product warranty

When can you exercise your rights related to product warranty?

In the case of defective movables (products), you may exercise your right regarding implied warranty or product warranty in accordance with your choice.

What are your rights based on your claims related to product warranty?

Within the scope of product warranty, you may only request the repair or the replacement of the defective product.

When is a product considered to be defective?

A product is considered defective if it does not meet the quality requirements at the time of sale, or it does not comply with the quality description provided by the manufacturer.

Within what period can you exercise your right related to product warranty?

You may exercise your right related to product warranty within two years after the product was sold by the manufacturer. You lose this right after this deadline.

Against whom and under what further conditions can you exercise your product warranty rights?

You may exercise your right to product warranty solely against the service provider of the movable goods. In the case of exercising the right to product warranty you must prove the defect of the product.

When is the Service Provider exempt from its obligation to provide product warranty?

The service provider may be exempt from its obligation to provide product warranty if it can prove that:

- the product was not manufactured or sold within the scope of its business practice, or

- in accordance with the current scientific and technical knowledge the defect was not detectable at the time of sale, or

- the product defect originates from the application of a legal regulation or mandatory regulatory provision.

It is enough for the Service Provider to prove only one cause for the exemption.

We would like to draw your attention to the fact that you may not exercise your implied warranty and product warranty rights at the same time. However, should you exercise your product warranty rights successfully, you may also exercise your implied warranty rights for the replaced or repaired part against the manufacturer.

Commercial guarantee

We would like to draw your attention to the fact that the Service Provider is not obliged to provide a statutory commercial guarantee on the RED index.

Customer service

The service provider is not obliged to operate a customer service; in case of any queries, it may be contacted at the following contact details:

Contact details of the service provider, email address regularly used for keeping in touch with consumers and for receiving consumer requests: info@e-hormones.com

Complaint management

Should you wish to submit a complaint in terms of the services provided, you may do so by the following means:

Contact details of the service provider, email address regularly used for keeping in touch with consumers and for receiving consumer requests: info@e-hormones.com

Should you consider that the management of your compliant, or your complaint itself, was not managed by the service provider in an appropriate manner, you may contact an Arbitration Board.

The arbitration board is an independent committee operating alongside the county (Budapest capital) chambers of commerce and industry. The out-of-court settlement of a consumer dispute is in the competence of the arbitration board. It is also its objective to attempt to reach an agreement with the aim of settling the consumer dispute. Should it fail to do so, it may conclude a decision in order to ensure the fast, efficient and cost-effective enforcement of the consumer rights.

The arbitration board provides advice upon the request of the consumer or the business in terms of consumer rights and obligations.

Arbitration Board of Budapest

Address: H-1016 Budapest, Krisztina krt. 99.

Tel: +36 (1) 488-2131

Fax: +36 (1) 488-2186

Chairman: Dr. BARANOVSZKY György

Email address: bekelteto.testulet@bkik.hu

The Service Provider and the Customer endeavour to settle their disputes in an amicable manner. For any legal disputes under the scope of this GTC that cannot be settled within 30 (thirty) calendar days, the Customer and the Service Provider agree on the exclusive competence of the Budapest 2nd and 3rd District Courts having jurisdiction where the Service Provider’s seat is located and, taking the legal regulations on competence into account, of the Budapest-Capital Regional Court.

Budapest, 15.09.2019

Gold Medicina Kereskedelmi és Szolgáltató Kft.

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