Terms of Service

Agreement in force from 11.01.2023.

1. Purpose of the agreement

1.1. These general terms and conditions (hereinafter: T&C) include the conditions under which Justfit Technology Kft. (hereinafter: supplier) provides the User with access to products and services available on the website https://justfitcanada.com.

1.2. The contact information of the Supplier is as follows:
Company name: Justfit Technology Kft
Headquarters: Levente u. 14/A, Csomád, 2161, Hungary
Email address: info@justfitart.com
Telephone: +36 70 666 9988
Company registration number: 13-09-196285
Enterprise Court: Enterprise Court at the Regional Court of the Province of Budapest VAT
number: 23271676-2-13
Community VAT number: HU23271676
Account holder financial institution: OTP Bank Bank
account number:
HUF:11707024-22361932
EUR: HU10 1176 3079 3224 6885 0000 0000

1.3. The Supplier guarantees the following services to the User on the websites:
Registration on the websites
Subscription to promotional newsletters
Purchase of products offered on the websites

1.4. The price of the products indicated on the sites includes VAT according to current legislation, but does not include shipping costs. The amount signed for on delivery (based on the order summary) includes all charges.

1.5. The Provider uses an intermediary service provider for the following service: Hosting Service – Google LLC, Google Cloud Platform.

1.6. Definition of terms:
General terms and conditions (hereinafter T&C): the document that defines the conditions of the legal relationship between the User and the Supplier regarding the services of the website, defined by the Supplier unilaterally without the contribution of the User and not discussed individually by the parties (this document)
Contract: the document that defines the contractual terms of the legal relationship between User and Supplier, composed of the following documents:

• T&C (this document)
• User registration form
• E-mail sent by the supplier to the User, in which the data provided at the time of registration are confirmed, as well as the terms and conditions of the contract
• Response email pursuant to point 3 with the activation link on which the User clicks to access and accept these T&Cs
• Email that the Supplier sends to the User to confirm the conclusion of the contract.

Regulation: Government Regulation 45/2014 (II. 26.) on detailed rules between consumer and business.
Intermediary service provider: provider of one or more of the following electronic commerce services and provider of information society services as defined in the Information Society Services Act (art. 2 paragraph l of the (Ektv.) Act of 2001):

• Simple data entry and data access
• Cache
• Hosting service
• Search service
• Application Service

2. Procedure for placing an order

2.1. You may place an order provided that the User is at least 18 years old at the time of registration.

2.2. The contract is created online, electronically between the Parties.

2.3. After registration, the following technical steps are necessary to create the contract:
The user chooses the product to order. The chosen item can be placed in the cart by clicking on the “add to cart” button. The user can proceed to order by clicking “check out” where he can choose to purchase as an individual or as a company. Subsequently this User will be able to provide their personal or company data and the delivery address on the check-out page. When the User has finished placing the order, he can send it to the Supplier by clicking on the selected payment method.
After completing the order, the Provider confirms the data provided during registration and, provided that the User has submitted an order, the order in accordance with point one is processed immediately or at the latest within 48 hours.

2.4. When completing the registration form, the system checks whether the format of the data entered is appropriate, errors are identified and the user is warned to correct the error. The user can interrupt the ordering process at any time before submitting the order.

2.5. The Order becomes valid when the order confirmation email is correctly sent to the email address communicated by the User. If the confirmation email does not appear in the User’s inbox within 48 hours of completing the order, the User will be released from the bidding obligation.

2.6. By stipulating this contract the User declares to know and accept the T&Cs and recognizes their contents as binding.

2.7. This registration and order procedure is considered an electronic contract. Electronic contracts are assigned an identification number and are stored electronically. The Supplier guarantees access to the contractual terms by sending an email which includes the terms and conditions according to point 2.3, furthermore these T&Cs are constantly available on the Supplier’s website.

2.8. The contract is drawn up in Hungarian and English.

3. Payment terms, available payment methods, shipping, delivery time

3.1 Payment conditions
3.1.1. The user pays the purchase price indicated on the website (hereinafter: purchase price) to the Supplier for the purchase of the product.
3.1.2. The user can pay the purchase price online by credit or debit card via the SimplePay or PayPal payment system. The Supplier will send an electronic invoice containing the entire purchase price via email within 30 minutes of payment.

3.2 Payment methods
3.2.1. Online credit card payments are processed through the Stripe payment processing platform https://stripe.com/. The merchant does not obtain or store credit card information.
3.2.3. The user irrevocably contributes to proceeding with the aforementioned payment. The payment service provider informs the user of the payment through the same channels as a normal credit or debit card payment.
The Supplier will send an electronic invoice containing the entire purchase price via email within 30 minutes of payment.
3.2.5. The Provider is not obligated to pay for payment transactions incorrectly or illegally initiated by the User.
3.2.6. Payment is considered completed when the amount is credited to the Supplier’s account.

3.3. Shipping
The Supplier will take care of the delivery of the products. The Supplier commissions TNT https://www.tnt.com/, DPD https://www.dpd.com/, FedEX https://www.fedex.com/ or UPS https://www.ups.com/ for shipping.

3.4. Delivery period
The products must be delivered within 4 weeks of the purchase price being credited to the Supplier’s account.

4. Rights and duties of the contracting parties

4.1. The Provider will ensure a secure interface with username and password, which ensures that the User’s data is accessible only with the username chosen by the User and a password that can be changed at any time.

4.2. The person using the username and password jointly is considered authorized to make statements.

4.3. The user is required to communicate to the Supplier within 5 days any changes made to the personal data provided at the time of registration and signing the contract. The Provider is not responsible for any damage caused by the inaccuracy of the contents or by the failure to notify the Provider of changes to the data.

4.4. The Provider does not oblige the User to pay a deposit or any other financial guarantee.

4.5. The Supplier informs the User that the code of conduct in accordance with the law on the prohibition of unfair trade towards consumers is not available.

4.6. The Supplier has adopted security measures necessary to protect data stored on servers managed by the Supplier. The Provider will apply relevant encryption methods in order to protect your personal data. Your personal data must be transferred through a secure channel between the Supplier and the Supplier’s Subcontractor for data processing.

4.7 The software serving the website is compatible with all standard browsers.

4.8. To file a complaint, the User can contact the Provider by email or post using the following email address: support@justfitart.com, or the postal address Szentmihályi út 137, 1152 Budapest, Hungary, Europe. To file a complaint, the User can also contact the official representative of the Supplier in Poland via email: italia@justfitart.com.
The complaint must contain the following information:

• Your name, address, and email address
• Exact name of the product in question
• Date and time of recording
• Defect reporting date
• Description of the defect
• Customer claim to be enforced

4.9. The Supplier responds to the complaint in writing within 30 days of receiving it. Provided that the complaint is not considered legitimate, the Supplier must justify its position.

4.10. In the event of a complaint, the User can contact the Conciliation Body. The competent Conciliation Body based on the supplier’s headquarters is:
Budapesti Békéltető Testület (Budapest Conciliation Body)
Address: Krisztina krt. 99, Budapest 1016
Postal address: Hungary 1253 Budapest, Pf.: 10.
E-mail address: bekelteto.testulet@bkik.hu
Fax: +36 1 488 2186
Telephone: +36 1 488 2131

4.11. If the User chooses to submit a complaint regarding the service received, he/she can use the online dispute resolution by clicking on the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main. home2.show&lng=IT

5. Limitation of Liability

5.1. The user requires an adequate internet connection to use the website.

5.2. You are responsible for maintaining the confidentiality of your username and password. Additionally, You are responsible for any activities that occur under Your username and password or other user access provided by You. You must immediately notify the Provider of any unlawful use of your account or other breaches of security.

5.3. The user must set a password of adequate strength and change it at appropriate intervals.

5.4. You will endeavor to operate your devices free of viruses and other malicious software and to protect them from unauthorized intruders (e.g. Firewalls). The Supplier assumes no responsibility for any damage that occurs due to malicious programs on your devices of the customer.

5.5. The Supplier assumes no liability outside its scope or for damages caused by errors that limit the use of the Software.
Supplier purpose:

• Central website system
• Online interface provided for the user

In particular, they are outside the scope of the Supplier:

• Degradation or errors caused by Internet and local network quality, bandwidth, overload caused by other systems (e.g. network, software)
• Power supply
• Hardware malfunction
• Client-side workstation, local network
• Improper use
• Malfunction of operating systems and other system software (e.g. Database)

These scopes define the dividing points for contractual performance between the parties or establish liability for breach of contract

5.6. Upon delivery of the product, the user will verify the delivery by signing the order summary. The user is responsible for checking the packaging of the product upon delivery. Provided that the product or packaging is damaged, or the quantity of products delivered does not conform to the order, the complaint must be registered. In the absence of a report, the subsequent complaint will not be accepted by the Supplier.

5.7. By sending the order, the User acknowledges that the forwarding and the order entail the obligation to pay.

6. Termination of the contract

6.1. According to the regulation, the User can withdraw from the contract within 15 days of delivery of the product without justification and send the product back to the Supplier.

6.2. The user can exercise his right of withdrawal by providing an explicit declaration. The right of withdrawal is valid only if the User sends his declaration within 15 days of delivery.

6.3. The user will bear the costs of returning the product. You acknowledge that the product will not be returned by post.

6.4. The Supplier is required to promptly refund the purchase price, no later than 30 days after making the declaration, if the User exercises his right of withdrawal.

6.5. The consumer cannot exercise the right of withdrawal in the case of sealed products which for health and health protection reasons cannot be returned after opening. The JustfitMe EMS suit and the JustfitMe ACE EMS suit for home/private use are considered to be the above-mentioned products. Therefore, the consumer will be able to exercise the right of withdrawal only if he has not opened the packaging of the EMS suit purchased on the site.
Justfit is in no way responsible for any damage resulting from natural depreciation, incorrect, involuntary or inappropriate use or unnatural and abnormal use. Justfit excludes liability for any damage resulting from unprofessional or illegitimate use.

7. Defect reporting, Helpdesk service

7.1. You may report defects relating to the operation of the Service via email or other electronic defect reporting surface provided in the Hungarian language (customer service email address: support@justfitart.com)

The defect report must contain the following information:

• Name of the affected user
• Date of detection of the defect
• Username
• Detailed description of the defect

The provider performs troubleshooting on weekdays between 8:30 am and 5:00 pm. If defects are reported during working hours, the Supplier will respond to the defect report within 24 hours.
If the defect report is made outside of working hours, the deadline for reaction is 24 hours from 8.30 am on the following working day. The supplier must provide information on possible reasons for the defect and the expected time of start and completion of troubleshooting or request additional details to identify, reproduce and correct the defect.
For security and data protection reasons, only a clearly identified person can provide information or accept defect reports.

7.2. The User must investigate any problems that arise in connection with the service whether the defect is within the scope of the User or the third party necessary to use the service. The user must report the defect only after making sure that the defect occurred within the Supplier.

7.3. The Supplier will only assume responsibility for the malfunction if the User informs the Supplier of the defect by e-mail (using the e-mail address indicated in point 7.3) or by using the defect reporting surface provided in detail so that the Supplier can clearly define the defect.
You acknowledge that, for quality assurance reasons, electronic defect reporting and emails sent regarding the defect may be reinstated until your complaint expires. The moment of reporting defects is when the user reports the defect in a clear and definable way.

7.4. It is not considered a delay if the Supplier is unable to meet the deadline for reasons beyond its scope.

7.5. The provider continuously develops the website services and commissions them on an electronically marked date. In the event of a serious error, the Supplier may modify the system without notice and release an update.

8. Right of use

8.1. You acknowledge that the Provider enjoys comprehensive copyright protection with respect to the online store software. After delivery, the Supplier will grant access and right of use to the User on the website. The right of use is limited and non-exclusive. You may only use your access for your own purposes, you are not entitled to copyright or broader rights of use.

8.2. Trademarks, logos, graphics, photos, animations, videos and texts protected by copyright or industrial property constitute intellectual property of the Supplier, the Supplier has the right to use and permit any use. You have the right to share content that includes these works of art, but you are not allowed to use them in any other form.

9. Implied Warranty

9.1. The user has the right to assert the implicit guarantee request against the Supplier in the event of defective performance pursuant to the Civil Code.

9.2. The User may request repair or replacement, except in situations where it is impossible to satisfy the request chosen by the User, or this would result in additional costs disproportionate to other options. If the User does not have, or did not have the right to request repair or replacement of the product, he can choose to be compensated pro rata, or have the product repaired, or repair it himself at the Supplier’s expense. In extremis the User can decide to withdraw from the contract

9.3. You may switch from your chosen implied warranty to another option. However, in this case the costs of such modification are borne by the user, except in justifiable cases, or if the Supplier gave rise to the modification.

9.4. The user is obliged to inform the supplier of the defect immediately, but no later than 2 months after detecting it. You may not enforce implied warranty rights after the two-year statute of limitations.

9.5. Within six months of the request for compliance with the implicit guarantee there is no other condition than to report the defect, if the user can demonstrate that the product was supplied by the supplier. If the defect is reported more than six months after performance, the User is required to demonstrate that the detected defect existed at the time of performance.

9.6. The user can request the guarantee by sending a letter by post or email to the Supplier. The written report must contain the following:

• User’s name, address and email address
• Name of the product covered by the warranty claim
• Registration date
• Date of reporting of the defect
• Description of the defect
• Warranty request to be validated by the User

10. Product warranty

10.1. In the event of a defect, the user can choose to rely on the implied warranty or the product warranty.

10.2. As a product warranty claim, you can only request repair or replacement of the defective product.

10.3. A product is considered defective if it does not comply with the quality requirements in force at the time of placing on the market or if it does not have the characteristics that are in the manufacturer’s description.

10.4. The user can request the product warranty within two years of placing the product on the market. After this period the user loses this eligibility.

10.5. Product warranty can only be claimed from the manufacturer or distributor of the product. In case of a product warranty claim, the user must prove the defect of the product.

10.6. The manufacturer (distributor) will only be exempted from product warranty liability if he can demonstrate that: the product was not manufactured and distributed within the scope of his own commercial activity and the defect could not be recognized according to the current state of science and technology , or the product defect was caused by the application of an official regulation.

10.7. To be exempt from liability the manufacturer (distributor) must demonstrate one of the reasons mentioned above.

10.8. You may not assert the implied warranty and the product warranty simultaneously for the same defect. However, after successfully validating the product warranty claim and having repaired or replaced the product, the User may claim the implied warranty for the repaired or replaced product against the Manufacturer.

11. Warranty

11.1. The supplier will take a one-year warranty for electronic equipment and six months for any other products.

11.2. The User may request repair or replacement, except in situations where it is impossible to satisfy the request chosen by the User, or if this would involve additional costs disproportionate compared to other options. If the User does not have, or did not have, the right to request repair or replacement of the product, he can choose to be compensated proportionately, or have the product repaired, or repair it himself at the expense of the Supplier. In extremis the User can decide to withdraw from the contract

11.3. You may switch from your chosen implied warranty to another option. However, in this case the costs of such modification are borne by the user, except in justifiable cases, or if the Supplier gave rise to the modification.

11.4. The warranty claim can be asserted within the warranty period. If the Provider fails to fulfill its obligations at the User’s request within an appropriate period, the warranty claim may be asserted in court even if the warranty period has expired. Failure to comply with this deadline will result in forfeiture.

11.5. The supplier can only be exempted from the warranty obligation if he proves that the cause of the defect arose after the performance.

11.6. You will not assert the implied warranty and warranty claim at the same time for the same product. However, the User is entitled to rights arising from the guarantee regardless of the implicit guarantee or product guarantee authorizations.

12. Data management, data protection

12.1. The Supplier will inform the User of the following:
12.1.1. With respect to the user’s personal data stored in the user database https://justfitems.pl Justfit Technology Kft. (Levente u. 14/A, Csomád, 2161, Hungary) is considered a data controller and Stripe is considered responsible for data processing.
12.1.2. With respect to credit/debit card information provided while using the Stripe payment service, the bank is considered the data controller. The Provider does not process the User’s credit/debit card data.

12.2. When initiating a payment, the User declares to acknowledge that the personal data stored in the justfitart.com database by Justfit Technology Kft (registered office: Levente u. 14/A, Csomád, 2161) are forwarded to the Stripe payment service as data controller. The data manager forwards the following data:

• Name
• Shipping address
• Telephone number
• Email address

https://stripe.com/en-hu/privacy

12.3. The Supplier treats the data provided at the time of registration, subscription to the promotional newsletter and uploaded, saved or generated after registration in a confidential manner, guaranteeing its security. The Provider forwards personal data to third parties only under the conditions set out in the Provider’s data protection declaration. The Supplier will use the utmost care when restoring and managing data. To do this, the Supplier uses hardware and software technologies with high operational and data security, frequently checks their characteristics and updates or replaces them if necessary.

12.4. The Supplier assumes no responsibility for damages or lost profits caused by unexpected partial or total loss of data, provided that it occurred due to unforeseeable events beyond the control of the Supplier. (major force)

12.5. The Supplier will restore the personal data provided by the User (technical data sheet, questionnaire, database, settings until the contract is terminated or the cancellation initiated by the User, except when regulations oblige the Supplier to restore the personal data, in which case the Supplier will restore the data within the period of time established by the regulation.

12.6. The Supplier’s employees, subcontractors and agents are required to act in accordance with the same data protection and confidentiality obligations as the Supplier.

12.7. To ensure data protection, computer systems that manage personal data can only be operated by people with appropriate access authorizations. Appropriate access permission means that the access each person receives is limited to the extent necessary for their work. Furthermore, only employees who manage or process the data can have access. The Supplier must frequently review access authorizations and their use.

12.8. By accepting these T&Cs, the User contributes to the fact that the Provider will process their personal data in accordance with the terms set out in the Data Protection Declaration.

13. Final provisions

13.1. The working days mentioned in the contract are the official working days published by the Republic of Hungary according to Central European Time (CET)

13.2 Any dispute arising from this contract, its execution, violation, termination, validity or interpretation will be resolved peacefully. The parties can only take legal action in court if they have not been able to resolve the dispute peacefully. The Hungarian courts are authorized to act in case of disputes arising from this contract.

13.3. As regards matters not regulated by these T&Cs, the provisions of Law V of 2013 (Hungarian Civil Code) will be dealt with.