OXYGENWELLNESS.HU ONLINE STORE TERMS AND CONDITIONS

The online pass store available at www.oxygenwellness.hu/berletek is operated by Oxygen Naphegy Kft. (hereinafter: Service Provider) using the WooCommerce software system. Orders placed by Customers in the online store give rise to an electronically concluded contract between the Customer and the party accepting the order.

1. Store Information

The operator of the online store available at www.oxygenwellness.hu is Oxygen Naphegy Kft.

Registered office: 67 Naphegy utca, 1016 Budapest, Hungary
Company registration number: 01-09-199020
Represented by: Kornélia Szonda, Managing Director

These General Terms and Conditions (hereinafter: GTC) set out the rights and obligations of the User (hereinafter: User) using the services provided through the website www.oxygenwellness.hu. The Service Provider and the User are hereinafter jointly referred to as the Parties. The GTC apply to all transactions and services carried out through the website.

2. THE PRODUCT
2.1 The store offers digital fitness-wellness, massage, and other tickets and passes relating to the services of the centers (hereinafter: Passes) for purchase. These are intended to be redeemed with the Service Provider instead of cash for the purpose of purchasing services.

2.2 The Passes are generated exclusively in electronic form and have no physical embodiment. Redemption is also carried out exclusively electronically with the Service Provider.

3. USE OF THE SERVICE
Purchases in the online store available at www.oxygenwellness.hu/berletek may only be made electronically via the internet. The Service Provider does not accept orders placed by telephone, fax, e-mail, or post. Information related to purchases is also sent electronically to Buyers. Purchase is not subject to registration, although registration facilitates the tracking of purchases. By making a purchase and/or registering on the website, the User declares that they have read and accepted these GTC and the Privacy Policy published on the website, and consents to the data processing described in the Privacy Policy. By clicking the “buy” button, the Buyer submits an offer, to which we send an automatic confirmation within 24 hours of the order. The confirmation always includes the value and name of the Pass, as well as the data of the Buyer and the Gift Recipient, if the Pass is purchased as a gift, and the place and period of redemption. If the confirmation is not received, the consumer shall be released from the binding nature of the offer. Before purchase, the Buyer has the opportunity to modify the data provided during registration by overwriting and saving the amended data. The language of the contract is Hungarian. This document does not qualify as a written contract, is not filed or archived, and is therefore not accessible or retrievable afterwards. Prices on www.oxygenwellness.hu/berletek are shown in Hungarian Forints and include VAT.

3.3 You pay the face value of the Pass to Oxygen Naphegy Kft.

3.4 The validity and redeemability of the Pass and Ticket are specified in the description of each pass type. These details vary by pass type. If you wish to use the Pass after this period, we will not be able to refund its value to you or to the gift recipient. The validity period of Passes cannot be extended. Upon the use of the units available on the Pass, or at the latest upon expiry of the usage period, the contract concluded between you and the Service Provider shall terminate.

3.5 Passes and Tickets are offered in several categories. You may find information on the current categories and their detailed contents on www.oxygenwellness.hu before purchase.

3.6 Purchase Process
In order for you to obtain all necessary information about the Passes in the online store and complete a purchase, registration is not required, although it facilitates tracking purchases. If, during your first purchase, you complete the registration process, it will be sufficient to log in to the online store for future purchases.
In the online store, by navigating through the menu system, you may select the Pass most suitable for you. No additional tax (including VAT) or other charge is added to the face values displayed in the online store.
Registration takes place on www.oxygenwellness.hu. If you provide incorrect, inappropriate, or non-existent data, or if your e-mail inbox is full, the Service Provider shall not be liable for non-performance or impossibility of performance of the order. After entering your data, you have the opportunity to modify them later. Registration is completed after entering the data and accepting the privacy notice and data processing terms. Thereafter, the online store sends an automatic system message to the e-mail address provided by you; by clicking the link contained in that message, you authenticate your e-mail address for the online store and thereby approve the registration.
Please note that if you do not click on the authentication link within 24 hours of receipt of the system message, your registration will be deleted. Registration does not create any purchase or other obligation on your part. You may check and freely modify the data provided during registration at any time after logging in to the online store.
You may then review and, if necessary, modify the selected Pass.
A megrendelésről a webáruház a vásárlás és/vagy a regisztráció alkalmával megadott e-mail címre automatikus visszaigazolást küld, egyúttal tájékoztatja Önt a megrendelés adatairól.
Before completing the purchase, you must enter your billing details, after which you will be redirected to the payment interface where you can pay the face value of the Pass online by bank card. During the purchase process, you may modify the entered data at any stage prior to payment if necessary. The online store sends an automatic confirmation of the order to the e-mail address provided during purchase and/or registration and at the same time informs you of the order details. The online store also sends an automatic confirmation of the sending of the Pass to the e-mail address provided during purchase and/or registration and at the same time informs you of the delivery details.

3.7 The Company provides the following payment method for paying the face value of the Passes:
The Company enables payment of the full amount due by bank card through the secure payment solution of OTP Bank Nyrt. Before finalizing the order, the online store redirects you to a secure online page intended for carrying out the bank card payment transaction, through which payment can be made.

4. REDEMPTION PROCESS
In the case of a purchased or gifted Pass or Ticket, the Service Provider sends an e-mail about the incoming Passes and Tickets to the Buyer at the e-mail address provided at the time of purchase. Redemption of Passes is subject to registration. After registration, you may redeem the Pass according to the following steps:
1. Select the Pass or Ticket you wish to redeem in your personal account.
2. Show the order ID of the Pass or Ticket to the receptionist or sales colleague at the Oxygen Wellness Center (for example, on your phone screen).
3. Based on the order ID, the receptionist retrieves the Pass in the system (checks it).
4. In the case of a valid Pass or Ticket, the Pass or Ticket is validated (redeemed) by the receptionist, and from that time the redeemed Pass becomes valid for the individually applicable period relating to that pass or ticket.

5. WITHDRAWAL
5.1 Pursuant to Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, you are entitled to withdraw without giving reasons.

5.2 You may exercise the right of withdrawal within 14 (fourteen) days from the date of conclusion of the Contract.
5.3 Your statement of withdrawal – which may also be made using the model form set out in Annex 2 of Government Decree 45/2014. (II.26.) – may be sent to the Service Provider’s e-mail address or, preferably by registered mail with return receipt, by post to the Service Provider’s registered office. It is sufficient for you to send your withdrawal statement by e-mail or post before the expiry of the withdrawal period; in either case, your right of withdrawal shall be deemed duly exercised.
5.4 Within 14 days of becoming aware of the withdrawal, the Service Provider refunds to you the unused face value of the ordered Pass. Please note that if you made payment by bank card, the amount will be refunded to the originating bank account.
5.5 We further inform you that pursuant to Section 26 of Government Decree 45/2014. (II.26.), you are obliged to reimburse the Service Provider for its reasonable costs if, in the case referred to in Section 19 of the Government Decree – according to which the consumer must expressly request the entrepreneur to begin performance of the service contract before the expiry of the deadline specified in Section 20(2) – you exercise your right of withdrawal after performance has begun.
5.6 We also inform you that the cases in which you may not exercise your right of withdrawal are set out in Section 29 of Government Decree 45/2014. (II.26.), quoted below.

5.7 In addition to the above, we hereby also provide you verbatim with the effective legal provisions concerning your right of withdrawal, including those rules which do not apply or are not enforceable in relation to the Service:
Section 20 (1) In the case of off-premises and distance contracts, the consumer shall have the right to withdraw without giving reasons within the period specified in subsection (2). In the case of an off-premises or distance contract for the provision of services, if performance begins after the statement under Section 13 or Section 19 has been made, the consumer shall have the right to terminate the contract without giving reasons within the period specified in subsection (2).
Section 20 (2) The consumer may exercise the right of withdrawal or termination under subsection (1):
a) in the case of a contract for the sale of goods: aa) from the day of receipt of the product, ab) in the case of multiple products supplied at different times, from the day of receipt of the last product supplied, ac) in the case of a product consisting of multiple
lots or pieces, from the day of
receipt of the last lot or piece supplied,
d) in the case of a product to be supplied regularly over a defined period, from the day of receipt of the first supply by the consumer or a third party designated by the consumer other than the carrier; b) in the case of a contract for the provision of services, within fourteen days from the date of conclusion of the contract.
Section 20 (3) The provisions of subsection (2)(a) shall not affect the consumer’s right to exercise the right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
Section 22 (1) The consumer may exercise the right provided in Section 20: a) by using the model declaration set out in Annex 2; or b) by means of an unequivocal statement to that effect.
Section 22 (3) The right set out in Section 20 shall be deemed to have been exercised in time if the consumer sends the statement before expiry of the period set out in Section 20(2) or Section 21.
Section 22 (4) The burden of proof that the right under Section 20 has been exercised in accordance with this Section shall lie with the consumer.
Section 24 (1) If the consumer withdraws from an off-premises or distance contract in accordance with Section 22, the consumer must return the product without undue delay and in any event no later than fourteen days from the communication of withdrawal, or hand it over to the business or to a person authorized by the business to receive the product, unless the business has undertaken to collect the product itself. The return shall be deemed to have been made within the deadline if the consumer sends the product before the expiry of the deadline.
Section 24 (2) The consumer shall bear only the direct cost of returning the product, unless the business has undertaken to bear that cost.
Section 24 (3) If, at the time of conclusion of the off-premises contract, the product was delivered to the consumer, the business shall collect the product at its own expense if, by reason of its nature, it cannot be returned by post.
Section 25 The consumer shall only be liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product. The consumer shall not be liable for diminution in value if the business has failed to comply with its information obligation under Section 11(1)(i).
Section 26 (1) If, in the cases referred to in Section 13 or Section 19, the consumer terminates the off-premises or distance contract after performance has begun, in the settlement the amount proportionately payable by the consumer shall be calculated on the basis of the total consideration including tax laid down in the contract. However, if the consumer proves that the total amount is excessive, the proportionate amount shall be calculated on the basis of the market value of the services provided up to the date of termination.
Section 26 (2) For the purposes of this Section, market value shall be determined by reference to the consideration, at the time of conclusion of the contract, of identical services provided by businesses carrying out the same activity.
Section 27 Where the consumer exercises the right under Section 20, the consumer shall not bear:
a) the full or partial costs of performance of a contract for the provision of services if
aa) the business has failed to comply with its information obligation under Section 11(1)(i) or (k), or
ab) the consumer did not request, under Section 13 and Section 19, that performance begin before expiry of the period specified in Section 20(2);
b) the full or partial costs of the supply of digital content not supplied on a tangible medium if
ba) the consumer did not give prior express consent for performance to begin before expiry of the period specified in Section 20(2),
bb) at the same time as giving the consent referred to in point ba), the consumer did not acknowledge that by giving such consent they lose the right under Section 20, or
bc) the business failed to provide the confirmation required under Section 12(2) or Section 18.
Section 28 Apart from the costs and other obligations set out in Section 23(3) and Sections 24–26, no further costs or obligations shall be imposed on the consumer in connection with exercising the right under Section 20.
Section 29 (1) The consumer may not exercise the right under Section 20:
a) in respect of a contract for the provision of services after the service has been fully performed, if the business began performance with the consumer’s prior express consent and the consumer acknowledged that they lose their right of termination once the service has been fully performed;
b) in respect of products or services whose price or fee depends on fluctuations in the financial market beyond the business’s control and which may occur within the withdrawal period specified in Section 20(2);
c) in respect of non-prefabricated products made on the basis of the consumer’s instructions or at the consumer’s express request, or products clearly personalized for the consumer;
d) in respect of perishable products or products retaining their quality only for a short period;
e) in respect of sealed products which, for health protection or hygiene reasons, cannot be returned after opening following delivery;
f) in respect of products which, by their nature, become inseparably mixed with other products after delivery;
g) in respect of alcoholic beverages whose actual value depends on market fluctuations beyond the business’s control and whose price was agreed by the parties at the time of conclusion of the sales contract, but whose delivery takes place only after the thirtieth day following conclusion of the contract;
h) in respect of a contract under which the business visits the consumer at the consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
i) in respect of the sale of sealed sound or video recordings or computer software, if the consumer has opened the packaging after delivery;
j) in respect of newspapers, periodicals, and magazines, except for subscription contracts;
m) in respect of digital content not supplied on a tangible medium, if performance has begun with the consumer’s prior express consent and the consumer has,
at the same time, acknowledged that they lose the right under Section 20 once performance begins.

6. OTHER PROVISIONS
6.1 The website www.oxygenwellness.hu, its content, and any part thereof are protected by copyright. Only the owner of www.oxygenwellness.hu is entitled to exercise the related rights. Without the prior written consent of the owner of www.oxygenwellness.hu, it is prohibited to use, reproduce, transfer, distribute, rework, or store the content of the website, in whole or in part, in any form. However, www.oxygenwellness.hu consents to the storage or printing of the content of these pages, or extracts thereof, on a computer for personal use within the scope of free use.

6.2 The Service Provider’s system may collect data on Buyers’ activities which cannot be linked to other data provided by the Buyer during registration or to data generated when using other websites or services.

6.3 The Service Provider is entitled to send newsletters or other advertising messages to the User if the User has given prior, clear, express, and voluntary consent during registration by providing the relevant data and accepting the data processing policy. The Service Provider is not obliged to verify whether the data provided by the User during registration or when giving consent are real or accurate.

6.4 Reviews and other related opinions written about the service always reflect the views of the users, and the Service Provider assumes no liability for their content. The Service Provider reserves the right to delete opinions that violate public taste, its business interests, or the law.

6.5 For any questions or comments regarding your order, please contact the customer service staff operating at the registered office of the Service Provider by e-mail at info@oxygenwellness.hu or by telephone at +36 (1) 799 0404.

6.6 Consumer complaints are handled in writing through customer service at info@oxygenwellness.hu.

6.7 For the simple, fast, and out-of-court settlement of disputes arising against the Service Provider (consumer disputes), you may initiate proceedings before a conciliation board. The conciliation board competent according to the Service Provider’s registered office is: Budapest Conciliation Board, 1016 Budapest, Krisztina körút 99., 3rd floor, room 310; mailing address: 1253 Budapest, P.O. Box 10.

6.8 In matters not regulated by these General Terms and Conditions, the provisions of Act V of 2013 on the Civil Code, Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, and Act CVIII of 2001 on certain issues of electronic commerce services and information society services shall apply.

6.9 These General Terms and Conditions apply to you at all times according to the text in force at the time of purchase. These General Terms and Conditions and the Privacy Notice may be consulted on the website www.oxygenwellness.hu without registration and may be downloaded without restriction.

6.10 Please note that if the Service Provider is unable to fulfill its obligations related to the provision of the Service for reasons beyond its control, not controllable by it, and not attributable to it, such failure shall not constitute a breach of contract. Such force majeure situations include, in particular, war, civil uprising, strike, riot, natural disaster, fire, explosion, interruption of electricity supply, interruption or suspension of leased line services, state of emergency, or any other similar unavoidable circumstance. In the event of force majeure, the Service Provider shall be exempt from liability for non-performance or partial non-performance of its obligations only to the extent and for the duration that force majeure materially hinders or makes performance impossible.

6.11 The Service Provider is entitled to unilaterally modify the product range, structure, and menu system of the online store, provided that this does not affect the performance of orders already placed and confirmed by you.

6.12 The Service Provider is entitled to unilaterally amend these GTC at any time. The Service Provider shall inform users of such amendments by e-mail before they enter into force. Upon the entry into force of the amendments, registered users must expressly accept them upon logging into the site in order to continue using it.

Effective from: October 14, 2017, until revoked and/or amended. Its provisions shall apply only to contracts concluded after its entry into force.