The document is certified and prepared by: Virtualjog.hu
The date of the last update: August 29, 2024. Terms and Conditions of Circle of Motorsports Circle Of Motorsports Ltd.
General Terms and Conditions
The contract created based on this document will not be registered (it will not be accessible later; the conclusion of the contract is evidenced by the order data), it will be concluded solely in electronic form, it does not qualify as a written contract, it is written in Hungarian, and it does not refer to a code of conduct. If you have any questions regarding the operation of the website or the ordering process, we are available at the provided contact information.
The scope of the present Terms and Conditions applies to legal relationships on the Service Provider's website (https://circleofmotorsports.com) and its subdomains. The current Terms and Conditions are continuously available (and downloadable, printable at any time) at the following website: https://circleofmotorsports.com//aszf.
Definitions:
User: Any natural person, legal entity, or organization that uses the services of the Provider enters into a contract with the Provider.
Consumer: A User who acts outside the scope of their profession, independent occupation, or business activity.
Business: A person acting in the course of their profession, independent occupation, or business activity.
Service Provider: A natural or legal person, or an organization without legal personality, that provides a service related to the information society and enters into a contract with the User to deliver that service.
SERVICE PROVIDER DETAILS:
The name of the service provider: Circle Of Motorsports Ltd.
The service provider's headquarters (and also the location for complaint handling) is: 3433 Nyékládháza, Kölcsey út 6.
The service provider's contact information, the regularly used email address for communication with clients:
The company's registration number is: 05-09-030867. The service provider's tax number is: 26342920-2-05.
Name of the registering authority / licensing authority and license number (if available): Miskolc Court of Justice Company Registry
The service provider's phone number:
The language of the contract: Hungarian
The name, address, and email address of the hosting provider: Tárhely.Eu Ltd.
Phone: +36 1 789 2 789
FAX: +36 1 789 3 789
Mail: 1538 Budapest, P.O. Box: 510.
BASIC PROVISIONS:
For questions not regulated in the current General Terms and Conditions, as well as for the interpretation of these Terms, Hungarian law shall apply, with particular regard to Act V of 2013 on the Civil Code ("Civil Code") and Act CVIII of 2001 on certain
issues of electronic commerce services and services related to the information society. (The Elker.tv) law, as well as the detailed rules regarding contracts between consumers and businesses, is outlined in 45/2014. It seems that your input is incomplete. Could you please provide more context or the full text you would like translated? It seems like your message is incomplete. Could you please provide more context or clarify what you would like to translate? On the provisions of the government decree. The mandatory provisions of the relevant laws are applicable to the parties even without specific stipulation.
The current General Terms and Conditions will be effective from June 20, 2024, and will remain in effect until revoked. The Service Provider is entitled to unilaterally modify the General Terms and Conditions (the circumstances justifying the modification: changes in legislation, business interests, changes related to the company). The Provider will publish the modifications on the website and will notify registered or previously purchased Users of the changes via email, based on which the User is entitled to withdraw from or terminate the contract. The amendments do not affect previously concluded contracts, meaning that the amendments do not have retroactive effect.
The service provider reserves all rights regarding the website, any of its details, the content displayed on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell any content or any part thereof appearing on the website without the written consent of the Service Provider.
REGISTRATION/PURCHASE
In the case of providing false information or data linked to another person during the use/order/subscription of the service, the electronic contract that is formed can be challenged in court by the authorized party. As a result of a successful attack (winning the case), the contract becomes invalid from the moment it was concluded, or if it conceals another contract, the rights and obligations of the parties must be assessed based on the concealed contract.
The Service Provider shall not be held liable for any delays or other problems or errors resulting from data provided incorrectly and/or inaccurately by the User.
The Service Provider is not liable for any damages arising from the User forgetting their password or if unauthorized individuals gain access to it for any reason not attributable to the Service Provider (if there is a registration on the site).
SCOPE OF PURCHASEABLE SERVICES
The services displayed can be ordered online from the website (in certain cases, by phone). The prices displayed for the services are in Hungarian forints and are gross prices (meaning they include the VAT required by law, or if the Service Provider invoices without VAT, the prices are the amounts to be paid).
On the website, the Service Provider provides a detailed listing of the service name and description.
If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.
If, despite the Provider's utmost care, an incorrect price appears on the website, or if a system error results in a price of "0" HUF or "1" HUF, the Provider is not obligated to confirm the order at the incorrect price. Instead, they have the option to reject the offer and may propose confirmation at the correct price, which the User has the right to refuse. A defective price is understood as the price at which the contractor does not have the contractual intention to enter into the contract. According to Act V of 2013 on the Civil Code (Ptk.), a contract is established through the mutual and unanimous expression of the parties' will. If the parties cannot agree on the contractual terms, meaning there is no mutual and consistent declaration expressing the will of the parties, then we cannot speak of a validly concluded contract from which rights and obligations would arise.
Order processing and fulfillment
The processing of orders/subscriptions is taking place.
The fulfillment occurs according to the desired date, after the successful payment notification.
RIGHT OF WITHDRAWAL/CANCELLATION
The Directive 2011/83/EU of the European Parliament and the Council, as well as the detailed rules regarding contracts between consumers and businesses in 45/2014. (II.26.) According to the regulation of the Korm. decree, the Consumer is not entitled to the right of withdrawal/cancellation in the case of a contract for the provision of services after the complete fulfillment of the service. However, if the contract creates a payment obligation for the consumer, this applies only if the fulfillment has begun with the express prior consent of the consumer and with the consumer's acknowledgment that they will lose their right of withdrawal as soon as the business has fully performed the contract. Furthermore, in the case of contracts for accommodation, transportation, car rental, catering, or services related to leisure activities, if a performance deadline or time limit has been stipulated in the contract, or regarding digital content provided on a non-tangible medium, if the business has begun the performance with the express prior consent of the consumer, and the consumer simultaneously declared their acknowledgment that they will lose their right of withdrawal after the commencement of the performance.
On the detailed rules of contracts between consumers and businesses, 45/2014. (II.26.) The government decree can be accessed here.
The European Parliament and the Council Directive 2011/83/EU can be found here.
WARRANTY
Defective performance
The obligor performs incorrectly if the service does not meet the quality requirements established in the contract or by law at the time of performance. The obligor does not perform defectively if the obligee knew of the defect at the time of the contract conclusion or should have known of the defect at the time of the contract conclusion.
Any provision in a contract between a consumer and a business that deviates to the detriment of the consumer from the regulations regarding warranty and guarantee in this chapter is null and void.
Only Users qualifying as consumers under the Civil Code are entitled to additional warranty rights.
User qualifying as a business: a person who acts in the course of their profession, independent occupation, or business activity.
Product warranty
In what cases can the User exercise their warranty rights?
In the event of faulty performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the provisions of the Civil Code.
What rights does the User have based on the claim for product warranty?
The user, at their discretion, may exercise the following warranty claims: they may request repair or replacement, unless fulfilling the claim chosen by the user is impossible or would incur disproportionate additional costs for the business compared to fulfilling another claim. If the correction or replacement was not requested, or could not be requested, then you may demand a proportional reduction of the consideration – as a last resort – you can also withdraw from the contract. The User may switch from the chosen warranty right to another one, but the cost of the switch will be borne by the User, unless it was justified or caused by the business.
The consumer is entitled to demand a proportional reduction of the counter- performance or to terminate the sales contract, depending on the severity of the breach of contract, if
the business did not carry out the repair or replacement, or it did so but partially or completely failed to perform the disassembly and reinstallation, or it refused to bring the goods into conformity with the contract;
a repeated performance failure has occurred, despite the fact that the company attempted to make the goods compliant with the contract;
the defect in performance is of such severity that it justifies an immediate price reduction or the immediate termination of the sales contract; or
the business did not undertake to make the goods compliant with the contract, or it is evident from the circumstances that the business will not make the goods compliant with the contract within a reasonable time or without causing significant harm to the consumer's interests.
If the consumer wishes to terminate the sales contract citing defective performance, the burden of proof lies with the business to demonstrate that the defect is insignificant.
The consumer is entitled to withhold the remaining part of the purchase price—either partially or in full—depending on the severity of the breach of contract, until the business fulfills its obligations regarding the conformity of the performance and the defective performance.
The reasonable deadline for carrying out the repair or replacement of the goods should be calculated from the moment the consumer informed the business of the defect.
The consumer must provide the goods to the business in order to fulfill the repair or replacement.
The business must ensure the return of the exchanged goods at its own expense. If the repair or replacement necessitates the removal of goods that were put into operation in accordance with the nature and purpose of the goods—before the defect became
apparent—then the obligation for repair or replacement includes the removal of the defective goods and the installation of the goods provided as a replacement or repaired, or bearing the costs of removal and installation.
The delivery of the counter-performance will be proportional if its amount corresponds to the difference between the value of what the consumer is entitled to receive in case of contractual fulfillment and the value of the goods actually received by the consumer.
The consumer's right to terminate the sales contract regarding warranty obligations can be exercised through a legal declaration expressing the decision to terminate, directed to the business.
If the defective performance only affects a specific part of the goods provided under the sales contract, and the conditions for exercising the right to terminate the contract are met regarding those goods, the consumer may only terminate the sales contract concerning the defective goods. However, they may also terminate it concerning any other goods acquired together with them if it is not reasonable to expect the consumer to retain only the goods that conform to the contract.
If the consumer terminates the sales contract in its entirety or with respect to a part of the goods provided under the sales contract, then
the consumer must return the affected goods to the business at the business's expense; and
The business must promptly refund the consumer the full purchase price for the affected goods as soon as it receives the goods or proof of the return of the goods.
What is the deadline for the User to assert their warranty claim?
The user (if classified as a consumer) is obliged to report the defect immediately after its discovery, but no later than two months from the date of discovering the defect. At the same time, we would like to draw your attention to the fact that beyond the 2-year
(or 1-year for business or used products) statute of limitations from the fulfillment of the contract, you can no longer enforce your rights under the warranty for defects. (For products with an expiration date, the warranty for defects can be enforced until the end of the expiration period.)
If the sales contract for goods containing digital elements stipulates the continuous provision of digital content or a digital service for a specified period, the business is responsible for any defects related to the digital content or digital service, provided that the defect...
in the case of continuous service not exceeding a duration of two years, within two years from the completion of the goods; or
in the case of continuous service lasting more than two years, throughout the entire duration of the continuous service
it follows or becomes recognizable.
Against whom can you assert your warranty claim?
The user can assert their warranty claim against the Service Provider.
What other conditions are there for the enforcement of warranty rights (if the User qualifies as a consumer)?
Within one year from the performance, there are no other conditions for asserting the warranty claim apart from reporting the defect, provided that the User proves that the product or service was provided by the company operating the website. However, after one year from the completion, the User is obliged to prove that the defect recognized by the User already existed at the time of completion.
Procedure in the Event of a Warranty Claim (in the case of users classified as consumers)
In a contract between a consumer and a business, the agreement of the parties cannot deviate from the provisions of the regulation to the detriment of the consumer.
It is the consumer's obligation to provide proof of the contract's conclusion (with an invoice or even just a receipt).
The costs related to the fulfillment of warranty obligations are borne by the Service Provider (Civil Code). 6:166. §).
The Service Provider is obliged to record a protocol regarding the warranty claim reported by the consumer.
A copy of the minutes must be provided to the consumer without delay and in a verifiable manner.
If the Service Provider is unable to comment on the consumer's warranty performance at the time of notification, they are obliged to inform the consumer within five working days, in a verifiable manner, about their position – including the reason for rejection in case of denial of the claim and the possibility of turning to a conciliatory body.
The Service Provider is required to retain the minutes for three years from the date of their recording and to present them upon request by the supervisory authority.
The Service Provider must strive to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the consumer about the expected duration of the repair or replacement. The information is provided electronically or in another manner suitable for confirming receipt by the consumer, with the prior consent of the consumer.
MISCELLANEOUS PROVISIONS
The service provider is entitled to engage a collaborator to fulfill its obligations. He is fully responsible for this unlawful conduct, as if he had committed the unlawful act himself.
If any part of the current Regulation becomes invalid, unlawful, or unenforceable, it does not affect the validity, legality, and enforceability of the remaining parts.
If the Service Provider does not exercise the right granted to them under the Regulations, the failure to exercise that right shall not be considered a waiver of that right. Any waiver of rights shall be valid only in the case of an explicit written declaration regarding this matter. The fact that the Service Provider does not strictly insist on a significant condition or stipulation of the Regulations on one occasion does not mean that they waive their right to insist on strict compliance with that condition or stipulation in the future.
The Service Provider and the User will try to resolve their disputes amicably.
It is recorded that the Service Provider's website operates in Hungary, and its maintenance is also carried out here. Since the site can be accessed from other countries as well, users expressly acknowledge that the governing law in relation to the user and the Service Provider is Hungarian law. If the user is a consumer, then the Civil Procedure Code. According to Section 26, Paragraph (1), in disputes arising from this contract, the court located in the domestic residence of the defendant (consumer) shall have exclusive jurisdiction.
The service provider does not apply different general access conditions regarding access to the services available on the website based on the User's citizenship, residence, or place of establishment.
The Service Provider does not apply different conditions to the payment transaction regarding the payment methods it accepts based on the User's citizenship, residence, or place of establishment, the location of the payment account management, the location of the payment service provider's establishment, or the location within the Union where the cash substitute payment instrument was issued.
The service provider complies with the measures against unjustified territorial- based content restrictions and other forms of discrimination based on the customer's citizenship, residence, or place of establishment within the internal market, as well as the amendment of Regulation (EC) No 2006/2004 and Regulation (EU) 2017/2394, as well as Directive 2009/22/EC, as stated in REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.
COMPLAINT HANDLING PROCEDURE
(in the case of users classified as consumers)
The provider's goal is to fulfill all orders/subscriptions with appropriate quality, ensuring the complete satisfaction of the customer. If the User has any complaints regarding the contract or its fulfillment, they can communicate their complaint via the above phone number, email address, or by mail.
The service provider will immediately investigate the verbal complaint and remedy it as necessary. If the customer disagrees with the handling of the complaint, or if an immediate investigation of the complaint is not possible, the Service Provider will promptly record a report regarding the complaint and its related position, and will provide the customer with a copy of that report.
The service provider will respond to the written complaint in a verifiable manner in writing within 30 days and will take steps to communicate the response. He will justify the position rejecting the complaint. The service provider will retain the record of the complaint and a copy of the response for 3 years and will present it to the regulatory authorities upon request.
We would like to inform you that in the event of your complaint being rejected, you may initiate proceedings with an authority or a conciliatory body regarding your complaint, as follows (the Service Provider has not made a general submission declaration):
The consumer can file a complaint with the consumer protection authority:
It seems that the text you provided is not clear or may contain a typo. Could you please provide more context or clarify what you meant? In paragraphs (1)-(3) of Section 45/A, as well as the designation of the consumer protection authority in 387/2016. It seems that your message is incomplete. Could you please provide more context or the full text you would like translated? 2.) According to the government decree, the government office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok
In the event of a complaint from our consumer, they have the option to turn to a mediation body, the contact details of which can be found here:
Name of the mediation board.
The headquarters of the mediation board, address:
Jurisdiction area
Budapest Arbitration Board
Budapest
Budapest Arbitration Board
Title: 1016 Budapest, Krisztina Road. 99.Phone number: (1) 488-2131
Fax number: (1) 488-2186 President: Dr. Inzelt Éva Veronika
Website title: https://bekeltet.bkik.hu/ Email address: bekelteto.testulet@bkik.hu
Budapest
Baranya County Conciliation Board
Pécs
Baranya County Conciliation Board
Title: 7625 Pécs, Majorossy Imre Street. 36. Phone numbers: (72) 507-154; (20) 283-3422
Fax number: (72) 507-152 President: Dr. Ferenc Bércesi
Website address: www.baranyabekeltetes.hu Email address: info@baranyabekeltetes.hu
It seems you've provided an email address. How can I assist you with it?
Baranya County,
Somogy County,
Tolna County
Borsod-Abaúj-Zemplén County Conciliation Board
Miskolc
Borsod-Abaúj-Zemplén County Conciliation Board Title: 3525 Miskolc, Szentpáli Street. 1.
Phone number: (46) 501-091 (new cases);
501-871 (ongoing cases) President: Dr. Tulip Peter
Website address: www.bekeltetes.borsodmegye.hu Email address: bekeltetes@bokik.hu
Borsod-Abaúj-Zemplén County,
Heves County,
Nógrád County
Csongrád-Csanád County Arbitration Board
Szeged
Mediation Board of Csongrád-Csanád County Title: 6721 Szeged, Párizsi krt. 8-12.
Phone number: (62) 554-250/118 extension Fax number: (62) 426-149
President: Dr. Károly Horváth
Website address: www.bekeltetes-csongrad.hu Email address: bekelteto.testulet@csmkik.hu
Békés County,
Bács-Kiskun County,
Csongrád-Csanád County
Fejér County Conciliation Board
Székesfehérvár
Fejér County Conciliation Board
Title: 8000 Székesfehérvár, Hosszúséta Square 4-6.
Phone number: (22) 510-310
Fax number: (22) 510-312 President: Dr. Vári Kovács József
Website address: www.bekeltetesfejer.hu
Email address: bekeltetes@fmkik.hu; fmkik@fmkik.hu
Fejér County,
Komárom-Esztergom County,
Veszprém County
Győr-Moson-Sopron County Arbitration Board
Győr
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István Street 10/a.
Phone number: (96) 520-217 President: Dr. Beáta Bagoly
Website address: https://gymsmkik.hu/bekelteto Email address: bekeltetotestulet@gymskik.hu
Győr-Moson-Sopron County,
Vas County,
Zala County
Hajdú-Bihar County Arbitration Board
Debrecen
Hajdú-Bihar County Conciliation Board
Headquarters: 4025 Debrecen, Petőfi Square 10.
Location of administration: 4025 Debrecen, Vörösmarty Street. 13-15. Phone numbers: (52) 500-710; (52) 500-745
Fax number: (52) 500-720 President: Dr. Hajnal Zsolt
Website address: https://www.hbmbekeltetes.hu Email address: bekelteto@hbkik.hu
Jász-Nagykun-Szolnok County,
Hajdú-Bihar County,
Szabolcs-Szatmár-Bereg County
Pest County Conciliation Board
Budapest
Pest County Conciliation Board
Headquarters: 1055 Budapest, Balassi Bálint Street. 25. IV/2. Phone number: +36 1 792 7881
President: Dr. Pál Koncz
Website address: www.pestmegyeibekelteto.hu; www.panaszrendezes.hu
Email address: pmbekelteto@pmkik.hu
Pest County
The conciliation body is responsible for the out-of-court resolution of consumer disputes. The task of the conciliation body is to attempt to establish an agreement between the parties in order to resolve consumer disputes, and in the event of failure, to make a decision in the case to ensure the simple, quick, effective, and cost-efficient enforcement of consumer rights. The mediation body provides advice at the request of the consumer or the service provider regarding the rights entitled to the consumer and the obligations imposed on the consumer.
In the mediation procedure, in the absence of an agreement, the council will decide on the merits of the case.
it issues a decision containing an obligation if
aa) the request is well-founded, and the business – registered with the mediation board or the chamber, or communicated in its commercial correspondence – in its general submission declaration according to Section 36/C, at the beginning of the procedure or at the latest by the time of the decision, has acknowledged the decision of the mediation board as binding upon itself, or
the business did not submit a declaration of submission, but the application is well- founded and the claim the consumer wishes to enforce – neither in the application nor at the time of the decision containing the obligation – does not exceed two hundred thousand forints, or
b) It makes a recommendation if the request is well-founded; however, the company stated at the beginning of the procedure that it does not recognize the council's decision as binding, or if it has not made any statement regarding the recognition of the council's decision at all.
In the case of cross-border consumer disputes related to online sales or online service contracts, the conciliation body operated by the chamber designated by the minister responsible for consumer protection is competent.
September 11th. In the case of a consumer complaint, they can make use of the EU online dispute resolution platform. Using the platform requires a simple registration in the European Commission's system, by clicking here. Subsequently, after logging in, the consumer can submit their complaint through the online website, which is located at: http://ec.europa.eu/odr
November 10th. The service provider is obligated to cooperate in the mediation procedure. In this context, you are required to send your response document to the mediation board and ensure the participation of a person authorized to reach an agreement at the hearing. If the business's registered office or place of operation is not registered in the county according to the chamber operating the territorially competent mediation body, the business's obligation to cooperate extends to offering the possibility of a written agreement that meets the consumer's request.
November 11th. If the consumer does not turn to a conciliatory body, or if the procedure does not yield results, the consumer has the option to turn to the court to resolve the legal dispute. You need to initiate with a petition that includes the following information:
the court in charge;
the names, residences, and legal positions of the parties and their representatives;
the right to be asserted, by presenting the facts underlying it and their evidence;
the data from which the court's jurisdiction and competence can be determined;
a formal request directed to the court's decision.
The statement of claim must be accompanied by the document or a copy of it that is referenced as evidence.
COPYRIGHTS
Since the website https://circleofmotorsports.com is considered a copyrighted work, it is prohibited to download (reproduce), retransmit to the public, use in any other way, electronically store, process, or sell any content or any part thereof from the website without the written consent of the Provider—except for legal documents, as the User may download the Terms of Service and the privacy notice without any conditions or restrictions and may store them in any form.
Any material taken from the https://circleofmotorsports.com website and its database, even with written consent, can only be used with a reference to the specific website.
It seems like your input is incomplete or unclear. Could you please provide more context or clarify what you would like to convey? The Service Provider retains all rights to every element of its service, including its domain names, the secondary domain names created with them, and its online advertising spaces.
It is prohibited to adapt or reverse-engineer the content or certain parts of the website https://circleofmotorsports.com; to create user IDs and passwords in an unfair manner; or to use any application that modifies or indexes the website https://circleofmotorsports.com or any part of it.
The name https://circleofmotorsports.com is protected by copyright, and its use, except for the reference, is only possible with the written consent of the Provider.
The user acknowledges that in the case of unauthorized use, the Service Provider is entitled to a penalty. The penalty amount is gross 60,000 HUF per image and gross 20,000 HUF per word. The user acknowledges that this penalty clause is not excessive and browses the site with this understanding. In the case of copyright infringement, the Service Provider applies notarial fact certification, the cost of which is also charged to the infringing user.
DATA PROTECTION
The website's data management information is available at the following page: https://circleofmotorsports.com//adatvedelem
Nyékládháza, June 20, 2024.
Previous versions of the Circle Of Motorsports Terms and Conditions.
Circle Of Motorsports Terms and Conditions (Effective Date: March 18, 2024) Circle Of Motorsports Terms and Conditions (Effective Date: March 18, 2024) The document is certified and prepared by: Virtualjog.hu
View / download in PDF format: View / download The date of the last update: August 29, 2024.