Terms & Conditions
This document is not filed, is concluded in electronic form only. This document is written in English, but the current Spanish laws and regulations apply to both the Provider and the User.
If you have any questions regarding the operation of the website or the ordering process, please contact us at the contact details provided in Impressum.
These Terms & Conditions apply to the legal relations on the Service Provider’s website (http://naturalhungarian.com) and its possible subdomains.
The text of these Terms & Conditions is permanently available at the following link: https://naturalhungarian.com/terms-and-conditions/
Identification
EVELYN POCZ (hereinafter THE SERVICE PROVIDER [SP] or THE COMPANY) is committed to keeping this website up to date and accurate.
Details of the Service Provider (SP) see in Impressum.
Governing Provisions
These Terms & Conditions are effective from the first day of publication of this website and remain in force until revoked.
The issues not regulated in these Terms & Conditions and the interpretation of those regulated or not regulated shall be governed by Spanish law, in particular with regard to the relevant provisions of the Law of Information Society Services and Electronic Commerce 34/2002, of 11 July (in Spanish: la Ley de Servicios de la Sociedad de la Información y Comercio Electrónico 34/2002, de 11 de Julio – hereinafter, ‘LSSICE’).
Cooperation between SP and Customer / User will be governed by Spanish law. SP and User shall try to settle their disputes amicably. Litigation that may arise between the Customer and THE COMPANY, both parties agree to submit to the jurisdiction of the courts of Las Palmas de Gran Canaria or, if the law or current regulations provide otherwise, of another Spanish court.
SP is entitled to unilaterally amend these Terms & Conditions. The changes will be published by the SP on the website 14 days before they enter into force.
By using the website, Users accept that all rules relating to their use of the website automatically apply to them, whether they are registered Users, Customers or just Visitors to the website. If you do not accept these Terms & Conditions, you are not entitled to view the content or to purchase.
Intellectual Property
All the products offered by THE COMPANY are subject to intellectual property rights.
SP reserves all rights with respect to the website or any part thereof and the content displayed thereon, as well as the distribution of the website.
All intellectual property rights to content on this website are vested in THE COMPANY. Therefore, no copying, distribution or other use of these materials is permitted without the written permission of Evelyn Pocz. Except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise.
The Customer can use the contents used in the product or during the service, in accordance with their object and purpose. It is not permitted to use the content for other purposes which are not part of the product or service, and especially, is not allowed to reproduce, communicate or make them publicly available.
The Customer is not authorised to record on video or audio tape, relay by videophone or other means the courses, 1:1 classes or other goods and/or services given.
Data Protection
The forms on this website ask you to provide as little personal information as possible, only to the extent necessary for the subscription or the provision of the service or the minimum required by law.
If you contact us by email, WhatsApp or using the forms on the website, we will try to answer as soon as possible, preferably within 1 month, but no more than 3 months. We will use your personal data in this case only for the purpose of answering your questions or during the administration of the case and will not disclose it to any third party (unless required to do so by the laws in force in Spain or in European Union).
For more information, please read our Privacy Policy and Cookie Policy.
Registration
By registering on the website, the User declares that they have read and accepted these Terms & Conditions, Cookie Policy and the Privacy Policy published on the website and consents to the processing of data.
Registration on this website is free, all you need is a username, a valid email address and a password of your choice.
If you are under the age of thirteen (13), you may not create a User Account, place an order, or otherwise use the services, unless expressly specified otherwise in these Terms or in the respective order.
Disclaimer
SP excludes their liability if the User uses the services or products on behalf of another person, using the data of another person.
SP excludes liability if a minor registers or makes a purchase on the website without the permission of their parents, guardian or custodian. As we do not ask for more personal data than necessary or requested by the law at the time of purchase, we are not able to verify the correctness of the data provided, nor the age of majority. In all cases, this is the sole responsibility of the User / Customer.
SP shall not be liable for any delays or other problems or errors caused by the User’s incorrect and/or inaccurate data.
SP shall not be liable for any damages resulting from the User forgetting their password or if it becomes available to unauthorized persons for any reason not attributable to the SP.
For any loss suffered as a result of the use of data, advice or ideas provided by or on behalf of THE COMPANY via this website, THE COMPANY accepts no liability.
THE COMPANY makes every reasonable effort to ensure that their website is secure, e.g. by keeping the necessary softwares etc. up to date. However, it shall not be liable for any loss whatsoever, direct and/or indirect, suffered by a User of the website, which arises as a result of the unlawful use of its systems by a third party.
THE COMPANY adopts the corresponding security levels required by The General Data Protection Regulation 679/2016 of the European Parliament and of the Council of 27 April 2016 (in Spanish: El Reglamento General de Protección de Datos 679/2016 del Parlamento Europeo y del Consejo de 27 de abril de 2016) and other applicable regulations. However, it cannot guarantee the absolute invulnerability of the systems, therefore, it does not assume any responsibility for damages derived from alterations that third parties may cause in the computer systems, electronic documents or files of the user.
Please read the other points in this document too as they may also contain additional clauses and/or disclaimers.
Purchases
By purchasing on the website, the User declares that they have read and accepted these Terms & Conditions and the Privacy Policy published on the website and consents to the processing of data.
The User is obliged to provide their real data when making a purchase. In case of false data provided during the purchase or data that can be linked to another person, the resulting electronic contract is null and void. SP excludes their liability if the User uses their services on behalf of another person, using the data of another person.
SP shall not be liable for any delays or other problems or errors caused by the User’s incorrect and/or inaccurate data.
If you are under the age of sixteen (16), you may not place an order, or otherwise use the services, unless expressly specified otherwise in these Terms or in the respective order.
In the event that the Customer / User is a minor or has limited capacity judicially, they may only provide personal data in the appropriate forms thereof, with the previous consent of their parents, guardians or legal representatives, who must send via email the appropriate form duly signed by them with a copy of the passport of the parent, guardian or legal representative to the address naturalhungarian@proton.me.
Billing Information
In order to issue legally compliant invoices under Spanish (and Canary Islands) tax law, as established in the Real Decreto 1619/2012, de 30 de noviembre, por el que se aprueba el Reglamento por el que se regulan las obligaciones de facturación (Royal Decree 1619/2012, approving the Regulations on Invoicing Obligations), we require certain information from all customers. This includes:
Full name
Billing address
Tax Identification Number (NIF / NIE / CIF for Spain, or the local equivalent for international customers)
This information is collected solely for invoicing purposes and to comply with our tax obligations.
Products and Services for Purchase
The products and services displayed can only be ordered online. Prices shown for services and products are in euros (EUR). If the goods or services are subject to VAT or other compulsory taxes, the invoice will include these amounts required by law.
On the website, SP will provide details (name and description) of the service.
If a promotional price is introduced, SP will fully inform Users about the promotion and its exact duration.
If, despite all the care taken by the SP, an incorrect price is displayed on the website that is obviously incorrect, or significantly different from the well-known, generally accepted or estimated price of the service or product, or a price of 0 (zero) € or 1 (one) € due to a system error, SP is not obliged to provide the service or give the product at the incorrect price, but may offer the service / product at the correct price, in the knowledge of which the Customer may withdraw from the purchase.
At the level of mispricing described above, there is a glaring discrepancy between the true price of the service and the advertised price, which should be immediately apparent to the average Customer.
A significant deviation is defined as a deviation of at least 50%, either positive or negative, from the market value of the service in question. This percentage deviation shall be calculated on the basis of the current Spanish case law.
If the parties are unable to agree on the terms, i.e. if there is no mutual and unanimous declaration of the parties’ will, there is no valid contract, which would give rise to rights and obligations. On this basis, an order confirmed at an incorrect price shall be considered as a void contract.
How to Order
Once registered, the User logs in to the website or in some cases can start purchasing also without being a registered member.
The User selects the desired product and enters their personal details.
The User then selects the payment method, the types of which are:
Online payment by credit card: the User has the possibility to pay the total value of the service or product online by credit card through the secure payment system of the financial service provider (Stripe) used by THE COMPANY.
After entering the data, the User can click on the “Order” button to send the order, but before that they can check the data once again.
By placing an order, the User acknowledges that a payment obligation arises.
If there is an error or omission in the service or prices on the website, SP reserve the right to correct it. In such a case, SP will inform the User of the new information as soon as the error is detected or amended. The User may then confirm the order once again or withdraw from the contract.
The total amount payable includes all costs based on the order summary and confirmation letter.
User will receive an e-mail confirmation after sending the order. If this confirmation is not received by the User within a reasonable period of time, depending on the nature of the service, but not later than 48 hours from the date of sending the User’s order, the User shall be released from the obligation to make an offer or to enter into a contract.
The order and its confirmation shall be deemed to have been received by the SP or the User when it is made available to them.
SP excludes their liability for confirmation if it is not received in time due to the User’s error or the fault of the Internet service provider used by the User. Examples of such cases include, but are not limited to: When the User entered a wrong e-mail address during registration; when the storage space of User’s account is full and cannot receive messages; when the User’s internet connection is unstable, e.g. they are placing an order on a public wi-fi network or using a VPN service at any stage of the order process.
Processing and Fulfilling Orders
Processing of orders is ongoing.
Order fulfilment will be made after successful payment.
Right of Withdrawal
The Customer is entitled to exercise their right to cancel within 14 calendar days from the confirmation of the purchase of the service or product. (Directive 2011/83/EU of the European Parliament and of the Council; in Spanish: Directiva 2011/83/UE del Parlamento Europeo y del Consejo)
The Customer is able to notify their intention to cancel their purchase via the e-mail naturalhungarian@proton.me.
The Customer may also contact the SP with other complaints using the contact details provided in these Terms & Conditions or in Impressum.
The period for exercising the right of withdrawal expires 14 days after the date on which the Customer or a third party other than the carrier and indicated by the Customer takes delivery of the goods.
In the case of a sale of several products or services, if the delivery of each product / service takes place at a different time, the Customer may exercise the right of withdrawal within 14 days of the last product / service delivered or, in the case of a product consisting of several lots or items, of the last lot or item delivered.
In the event of exercising the right of withdrawal, the Customer shall not bear any costs other than the cost of returning the product, but SP may claim compensation for material damage resulting from improper use.
SP may withhold the refund until the goods have been returned or the Customer has provided proof that they have been returned, whichever is the earlier.
However, in the event that the Customer has already made use of all or part of the product or service, they will lose their right of withdrawal, in accordance with the provisions of Article 103 of the Royal Decree 1/2007 of 16 November (in Spanish: Artículo 103 del Real Decreto 1/2007, de 16 de noviembre), which approved the revised text of the General Law for the Defense of Consumers and Users (in Spanish: Ley General para la Defensa de los Consumidores y Usuarios), as amended by Law 3/2014, of 27 March, through which the aforementioned text was modified.
The Customer does not have the right of withdrawal in the case of a non-prefabricated product which has been created on the basis of instructions or at the express request of the Customer or a product which is clearly personalised for the Customer (such as but not limited to: 1:1 classes).
Customer’s / User’s obligations
The Customer / User agrees to fill out the appropriate forms with correct information.
The Customer / User agrees to accept the conditions set out in this document.
Data Transfer Declaration
The User acknowledges that the following personal data stored by the data controller Evelyn Pocz (see in Impressum) in the user database of www.naturalhungarian.com will be transferred to Stripe Inc. (510 Townsend Street, San Francisco, CA 94103, USA) as data processor. The scope of the data transferred by the data controller and the nature and purpose of the processing activities carried out by the data processor can be found in the Stripe Data Processing Notice, at this link in English and here in Spanish.
Incorrect Fulfilment
SP shall be deemed to be in default if the service does not meet the quality requirements laid down in the contract or by law at the time of performance.
SP is not in default if the Customer / User knew of the defect at the time of the conclusion of the contract or should have known of the defect at the time of the conclusion of the contract.
Any term in a contract between a Customer and THE COMPANY which derogates from the provisions of this Chapter relating to guarantees and warranties to the detriment of the Customer shall be void.
Only Users who are consumers within the meaning of the Civil Code are entitled to more warranty rights.
Business User: a person acting in the course of his/her profession, self-employment or business.
In the event of defective fulfilment by the SP, the Customer may assert a claim for warranty against the SP in accordance with the rules of the Civil Code.
In the event of a complaint, the Consumer has the right to apply to a conciliation body. A list of OMICs (Consumer Information Offices; in Spanish: Oficinas de Información al Consumidor) in Spain you can find here.
If the Consumer does not go to a conciliation body or if the procedure has not been successful, the Consumer has the right to go to court to have the dispute resolved. As mentioned in the Governing Provisions section at the beginning of this Terms & Conditions: “Cooperation between SP and Customer / User will be governed by Spanish law. SP and User shall try to settle their disputes amicably. Litigation that may arise between the Customer and THE COMPANY, both parties agree to submit to the jurisdiction of the courts of Las Palmas de Gran Canaria or, if the law or current regulations provide otherwise, of another Spanish court.”
If you would find any incorrect, outdated or inaccurate information on this page, we would appreciate if you could let us know. Please send your message to: naturalhungarian@proton.me and we will review this as soon as possible. Also, if you have any questions, problems or comments about this site or our services or products, please do not hesitate to contact us.