Terms and conditions

1.    General provisions

1.1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) affect the terms of the sales contract, as well as the terms and conditions of the auctions concluded between the following parties regarding pigeons (hereinafter referred to as “pigeon”) appearing on the website www.pigeonperformance.com (hereinafter referred to as “website”) :

OPTIMA 2747 Ltd.
company registration number: 13-09-099162
headquarters: 2747 Cegléd, Pesti út 81/A., Hungary
location: 2700 Cegléd, Pesti út 81/A., Hungary
Tax number: 13286813-2-13
EU VAT number: EN 13286813

Forint account: Tűri Norbert
IBAN code: HU09 6510 0338 1618 1384 0000 0000
SWIFT: TAKBHUHB
bank account number: 65100338-16181384-00000000 (MBH Bank)

Euro account:Tűri Norbert
IBAN code: HU82 6510 0338 5510 2920 0000 0000
SWIFT: TAKBHUHB
bank account number: 65100338-55102920-00000000 (MBH Bank)

represented by Norbert Tűri
e-mail address: [email protected]
phone number: 0036302539309
(hereinafter referred to as "OPTIMA 2747")

and

the customers (hereinafter: "customer" and "customers")

(OPTIMA 2747 and the customer are together hereinafter "parties").

The provisions of the GTC apply in the event of a contract of sale and in the event of an auction, unless otherwise provided.

1.2. OPTIMA 2747 executes the sales contracts with the customer as the owner and seller of the pigeons or as a commission agent, in which case OPTIMA 2747 is not understood as the owner of the pigeons.
If OPTIMA 2747 is present as a commission agent at the conclusion of the sales contract and at the organization of the auction, then OPTIMA 2747 acts in its own name, but on behalf of the owners of the pigeons. In this case, the GTC refers to the owner of the pigeons as the supplier (hereinafter "supplier" and "suppliers").

1.3. The buyer can be any natural or legal person

If the buyer is a natural person who acts in matters other than his commercial, business or professional activities, then the buyer is considered a consumer according to the detailed provisions of the contracts concluded between consumers and companies according to Government Decree 45/2014 (II.20). (hereinafter: "government decree") (hereinafter "consumer" and "consumers") The provisions related to consumers are contained in these General Terms and Conditions.

2. Registration on the website

2.1. Users of the website (hereinafter "user" and "users") can register on the website.

2.2. During registration, Users must provide the following data, depending on whether they are natural or legal persons:

(i)    if the User is a natural person: name, e-mail address, telephone number, postal address;
(ii)    if the User is a legal entity: name, e-mail address, telephone number, postal address, company registration number, Hungarian or EU tax number.

2.3. By registering, Users ensure that the data they provide is correct, up-to-date and real.

2.4. During registration, the User must choose a username and password. The User undertakes to immediately update his data and maintain his username and password in the event of any changes.

2.5. On the OPTIMA 2747 registration page, there is a link to these GTC and a check box. By ticking the box, the user confirms that he has read and accepts these Terms and Conditions. Acceptance of the General Terms and Conditions is a prerequisite for registration.

2.6. Registration does not oblige the User to purchase pigeons.

2.7. Only registered Users can participate in the auction. Registration is not a prerequisite for the purchase of pigeons within the framework of a sales contract (fixed price).

3.    Method of offering the pigeons

OPTIMA 2747 offers the pigeons at a fixed price (i) or by auction (ii).

4.    Fixed price sales contract

4.1. Invitation to the auction

The publication of the pigeons on the website does not constitute a valid offer. The description of the pigeon serves as the basis for further discussion.

4.2. Placing an order

4.2.1. The buyer can order any pigeon that is not marked "sold" or on the website (see paragraph 4.34). An order can contain one or more pigeons.

4.2.2. The Buyer must place the Pigeons he wishes to purchase in the online basket by clicking the "add to basket" button.

4.2.3. After all Pigeons to be purchased have been added to the Buyer's shopping cart, the Buyer finalizes his order by accepting the General Terms and Conditions and clicking on the "order" button.

On the OPTIMA 2747 registration page, there is a link to these GTC and a check box. By ticking the box, the user confirms that he has read and accepts these Terms and Conditions.

4.2.4. The customer can order with registration (i) and without registration (ii).

If the Buyer is already a registered User, she does not need to re-enter the data she already provided during registration.

If the Customer has not yet registered on the website, he must enter his data in accordance with section 2.2. Entering data during ordering is not the same as registration. In this case, on the occasion of a new order, the Buyer must provide these data again. Buyers guarantee that the data provided during the order is correct, up-to-date and real.

4.2.5. Upon placing the order, the Buyer irrevocably declares that the order contains the Pigeons that the Buyer wishes to purchase and thereby makes a binding offer for the pigeons placed in the shopping basket.

4.3. Order confirmation

4.3.1. OPTIMA 2747 will confirm the order to the customer in an automatic e-mail within 1 working day after receiving the Customer's order. The email contains the following information:

(i)    Buyer's billing information
–    if the Buyer is a natural person: name, postal address,
–    if the Buyer is a legal entity: name, postal address, company registration number, national tax number (if the Buyer is an EU or non-Hungarian citizen) or EU tax number (if the Buyer is not a Hungarian EU citizen),
(ii)    ordered pigeons and
(iii) the preliminary invoice related to the purchase (last section 4.4).

OPTIMA 2747 is not responsible for any operational errors in the automatic mail system.

4.3.2. If there is any doubt about the order, OPTIMA 2747 reserves the right to contact the Customer by e-mail or telephone in order to verify the correctness of the order.

4.3.3. The sales contract is concluded with the confirmation of the order.

4.3.4. By confirming the order, OPTIMA 2747 undertakes to mark the Pigeons ordered on the website as "sold".

4.4. Invoicing, payment, late payment

4.4.1. The payment deadline is 14 days from the confirmation of the order (see section 4.3.1)

4.4.2. The Buyer must pay the full purchase price on the invoice in one instalment.

4.4.3. The Buyer can choose to settle the purchase price of the ordered Pigeons by bank transfer (i) or in cash (ii).

4.4.4. The payment is considered completed when (i) the entire purchase price is credited to OPTIMA 2747's bank account or (ii) OPTIMA 2747 has received the purchase price in cash.

4.4.5. If the Buyer does not reimburse the purchase price as stated in section 4.4.1, OPTIMA may charge 2747 interest. The rate of interest is determined in accordance with Section 6:48 (if the Buyer is a company) or Section 6:155 (if the Buyer is not a company) of Act V of the 2013 Civil Code.

4.4.6. In case of late payment, 4.4.5. in addition to the consequences discussed in the following section, OPTIMA 2747 may send a payment reminder to the Buyer by e-mail or post, specifying the new payment deadline by which the Buyer must pay the purchase price and the interest.

4.4.7. If the purchase price is not settled within the payment deadline specified in the payment reminder, OPTIMA 2747 may withdraw from the sales contract (see section 8.1). In this case, OPTIMA 2747 will remove the "sold" mark from the website for the pigeon in question and may sell the Pigeon to another Buyer.

In the event of OPTIMA 2747's withdrawal, the Buyer must reimburse all costs and damages incurred as a result of the breach of contract.

4.4.8. The 4.47. based on the case described in section OPTIMA 2747 reserves the right to block the Customer's registration on the website or to reject any further orders initiated by the Customer in question. At the Customer's request, OPTIMA 2747 can reset the Customer's registration and allow new orders to be placed on the website.

4.5. Delivery

4.5.1. Full payment of the purchase price is a prerequisite for delivery.

4.5.2. The date of delivery must be within 14 days after payment of the purchase price. The parties agree to record the exact date and time of delivery within these 14 days. If the parties do not agree on the time of delivery, then the date of delivery is the 14th day after payment of the purchase price. (If this falls on a working day. If this day is not a working day, then it is the working day preceding the holiday)

4.5.3. If the buyer causes any delay in the delivery, OPTIMA 2747 may send a notification to the buyer by e-mail or post with the new delivery date. If delivery is not made by the deadline specified in the notification, OPTIMA 2747 may withdraw from the sale and purchase agreement (see section 8.1). In this case, OPTIMA 2747 may remove the "sold" notice from the website for the pigeon concerned and sell the pigeon to another buyer. .

In case of withdrawal, the buyer must reimburse all costs and damages incurred due to the delay.

4.5.4. OPTIMA 2747 does not undertake to transport pigeons. The buyer can pick up the pigeons at the OPTIMA 2747 site (i) or arrange for the pigeons to be delivered. (ii)

4.5.5. If the buyer decides to pick up the pigeons at OPTIMA 2747, the buyer can pick them up in person or through an authorized person. The buyer or his authorized representative must prove the right to receive the pigeons in the appropriate way.

The Parties will jointly check the condition of the pigeons immediately before delivery. The Parties shall record the details of the transfer of ownership of the Pigeons. Upon delivery, OPTIMA 2747 provides the Buyer with an invoice confirming the payment of the purchase price.

4.5.6. If the Customer organizes the delivery of the pigeons, the Customer shall bear all costs incurred in connection with the delivery.

OPTIMA2747 hands over the documents of the Pigeon, including the transfer of title and the invoice for the payment of the purchase price, to the carrier OPTIMA 2747 is not responsible for the failure of the carrier or for damages that occurred after OPTIMA 2747 handed over the Pigeons to the carrier.

4.5.7. From the day the Pigeons are handed over to the Customer or to the carrier, the Customer is responsible for all damages to the Pigeons and all costs incurred in connection with them. From this date, the Customer is entitled to enjoy the benefits related to Pigeons.

5. Auction

5.1. GENERAL PROVISIONS

5.1.1. OPTIMA 2747 organizes auctions according to the conditions set by the General Terms and Conditions.

The term "auction" used here should not be confused with official auctions (organized by authorities) or public auctions (sales with the personal presence of the parties, as defined in point 6 of part 4 of the government decree). The term "auction" is used here in the sense of a competitive selective process based on prices, and it complies with Civil Code 6:74-76. part of

5.1.2. Several auctions can take place at the same time, but not for that Pigeon. Buyers can participate in several auctions at the same time.

The auction can be identified by its own name and the duration of the auction (start and end time).

5.1.3. If there are no provisions different from those specified in Section 5, Sections 4.4 and 4.5. section is mutually applicable in the case of auctions organized in accordance with section 5.

5.2. INVITATION TO THE AUCTION

5.2.1. OPTIMA 2747 will announce and publish related information on the website 48 hours before the start of the auction.

In the announcement, OPTIMA 2747 makes the following information public: – description of the Pigeon(s) participating in the auction, – the start and end date of the auction (with reference to the time zone in which it should be understood), - the period determined before the end of the auction, within which, if bidding takes place, how much time the auction period is extended, or – for the opening bid for the Pigeon/Pigeons.

5.2.2. The announcement of the auction does not constitute a legally binding bid. Such announcements are subject to agreement between the two parties.

5.3. BIDDING

5.3.1. During the auction, in addition to the information displayed regarding the auction (see section 5.2.1), the highest bid at that moment is also displayed on the website for the pigeons participating in the auction. If the Buyer is logged in on the site, he can see his latest bid.

5.3.2. The Buyer can bid by clicking on the "bid" button. The Buyer acknowledges that all bids are irrevocable and that the bid cannot be amended or corrected after submission, even if it was submitted by mistake. By placing a bid, the Buyer places a legally binding bid on the pigeon. The bid becomes invalid if a bid higher than the Buyer's bid is submitted. The buyer assumes full responsibility for all offers submitted by him, including that he will be able to pay the bid price at the end of the auction.
The buyer assumes full responsibility for all bids submitted, including the ability to pay the bid price at the end of the auction.
5.3.3. The Buyer can only place a bid higher than the current bid.

The Buyer's bid must be higher than the value of the existing bid, at least by the amount shown in the table below:

For example, if the current bid is HUF 100,000, the Buyer can only bid HUF 102,000 or more.

5.3.4. An automatic bidding function is available on the website. With the help of this function, the Buyer can set the system to bid on his behalf as soon as another Buyer places a bid on the Pigeon of his choice. The automatic offer must be higher than the current offer in 5.3.3. as defined in part.

By setting this function, the Buyer can enter the highest price he is willing to pay for the Pigeon and thus make the highest possible bid using the automatic bidding function.

The Buyer can remove the automatic bidding function at any time during the auction.

If the automatic bids of two or more Buyers match each other, the bid of the Buyer willing to pay the highest amount will be the next current bid. This new current bid increases the amount of the bid of the second highest buyer willing to pay according to 5.3.3. with a partially determined increase.

For example, if the current bid is 100.000 HUF and the 1st Buyer sets the highest bid to 160.000 HUF and the 2nd Buyer sets the highest bid to 200.000 HUF, the new current bid will be 163.000 HUF.

If the automatic bids of two or more Buyers are the same and the highest possible bid has been entered similarly, the new current bid will belong to the Buyer who was the first to set the highest possible bid on their user interface.

5.3.5. The Buyer can request that the website send him an automatic e-mail notification if another Buyer places a higher bid than his (you were outbid). , if they are outbid" by checking the option.

The Customer can cancel the automatic e-mail notification at any time.
5.3.6. If a bid is made before the end of the auction and within the deadline set by OPTIMA 2747, the duration of the auction for the auctioned Pigeon will be extended by 10 minutes. If a new bid is received during the extension period of the auction, the duration of the auction for the auctioned Pigeon will be extended by another 10 minutes from the time of the new bid.

5.3.7. At the end of the auction, OPTIMA 2747 will publish the final result of the auction on the website.

5.4. CONFIRMATION OF AUCTION RESULTS

5.4.1. Within 1 business day after the publication of the results of the auction, OPTIMA 2747 will send an automatic e-mail to the Buyer whose offer was the highest at the end of the auction. The automatic email contains the following information:

(i) the Customer's billing information – if the Buyer is a natural person: name, postal address, – if the Buyer is a legal entity: name, postal address, company registration number, national (if the Buyer is a Hungarian or non-EU resident) or EU tax number (if the Buyer is an EU resident outside Hungary), (ii) the Pigeon for which the offer is submitted and (iii) an invoice related to the purchase of the pigeon.

OPTIMA 2747 is not responsible for any operational errors in the automatic mail system.

5.4.2. The Pigeon-related contract concluded under the terms of the following GTC is concluded on the basis of the present bid price (the highest bid price offered for Pigeons at the end of the auction) between OPTIMA 2747 and the Buyer, who finalized the present offer by confirming the order.

5.5. PAYMENT

The payment deadline is 14 days after the confirmation of the results of the auction according to 5.4.1. according to part.

6. Complaint and inquiry

6.1. If the Customer has any complaints or questions regarding the General Terms and Conditions or any of the topics listed here or the order, you can contact OPTIMA 2747.

6.2. OPTIMA 2747 undertakes to respond to the Customer's inquiry within a reasonable time, but no later than 14 days from the date of receipt of the complaint or question.

7. Liability of the parties

7.1. LIMITED LIABILITY

7.1.1. General Provisions on Limitation of Liability

OPTIMA 2747 is not responsible for the activities of third parties involved in the sales contract or auction, such as suppliers, any representatives or partners of suppliers, banks involved in payment and third party carriers.

The Parties are not responsible for non-fulfillment of obligations, unless the failure results in loss of life or damage to physical integrity and health.

The Parties shall not be held liable for delay or other breach of contract, if the delay or omission results from events caused by chance or force majeure, the occurrence of which is not attributable to them.

7.1.2. Special provisions on limitation of liability

7.1.2.1. The condition of the pigeons

If OPTIMA 2747 owns the Pigeons, it must inspect and measure the Pigeons before displaying them on the website. If OPTIMA 2747 acts as a commission agent, it undertakes to inspect and measure the pigeons upon receipt from the supplier.

OPTIMA 2747 undertakes to mark the Pigeons on the website in accordance with the tests and measurements and to deliver the Pigeons in accordance with the description and quality on the website.

OPTIMA 2747 disclaims all responsibility for any health problems, sterility or reduced fertility of the Pigeons that occurred before the Pigeons were received by OPTIMA 2747 as owner or commission agent.

The Buyer is responsible for any health problems, sterility or reduced fertility of the Pigeons that occurred after delivery.

7.1.2.2. Documentation related to pigeons

OPTIMA 2747 undertakes to deliver the Pigeons to the Buyer with their certificate of origin and/or family tree, ring plate and/or ring.

If OPTIMA 2747 is present as a commission agent in the transaction, OPTIMA 2747 undertakes to hand over the above documentation to the Buyer only to the extent that the supplier made it available to him.

OPTIMA 2747 assumes no responsibility for the validity, correctness and up-to-dateness of the documentation provided by the supplier or previous owner of the Pigeons.

7.1.1.3. The correctness of the customer order

OPTIMA 2747 assumes no responsibility for the correctness of the Customer's order, in particular the Customer's billing information and the items ordered.

The Buyers are obliged to ensure that the data they provide, in particular the billing data and the ordered items, are accurate, up-to-date and true.

7.2. GUARANTEE

OPTIMA 2747 does not assume any responsibility regarding Pigeons.

7.3. WARRANTY

7.3.1. If OPTIMA 2747 does not perform the service satisfactorily, the Customer must be provided with the option of a warranty. The Customer must prove that OPTIMA 2747 performed the service poorly.

7.3.2. The performance of OPTIMA 2747 is considered bad if the quality of the delivered Pigeons does not match the description of the Pigeons published on the website

The performance of OPTIMA 2747 cannot be considered bad if the Buyer is informed at the time of the sales contract or the auction.

7.3.3. After noticing the error, the Buyer must notify OPTIMA 2747 Kft. of the problem without delay.

7.3.4. The Buyer's right to a warranty expires one year after the delivery of the Pigeons.

The Buyer's right to a warranty expires two years after the delivery of the Pigeons.

7.3.5. In case of incorrect performance of OPTIMA 2747, the Buyer may request a reduction of the purchase price in proportion to the purchase price, based on how much the Pigeons' summer was reduced as a result of the error. The Buyer bears the burden of proof regarding the decrease in the value of the Pigeons and the decrease in the purchase price.

When requesting a reduction of the purchase price, the Buyer must provide all the necessary information needed to refund the purchase price in the appropriate amount (for example, the buyer's bank account number).

OPTIMA 2747 Kft., after receiving the Buyer's refund request, must refund the appropriate amount of the purchase price within 30 days.

7.3.6. If the Buyer does not request a reduction of the purchase price in the event of inadequate performance, the Buyer has the right to terminate the sales contract. (see section 8.1)

7.3.7. The Buyer can exercise his right to the guarantee in writing. (by registered e-mail sending confirmation of reading or normal e-mail).

8. Right to cancel

8.1. BREACH OF CONTRACT

8.1.1. If either Party commits a breach of contract, the other party has the right to cancel the already concluded sales contract.

8.1.2. The Party in breach of the contract must reimburse all costs and damages caused to the other party by the breach of contract.

8.1.3. The Parties may exercise the right of withdrawal in writing. (by requesting confirmation via registered e-mail or by e-mail).

8.2. THE CONSUMER'S RIGHT OF WITHDRAWAL

8.2.1. The Consumer may exercise the right of withdrawal within 14 days from the date of ordering the Pigeons without stating the reason. The right of withdrawal is considered valid if the Consumer sends his intention to withdraw within the 14-day deadline, even if the withdrawal request is not received within the specified deadline. The consumer has an obligation to prove when he sent his cancellation request.

8.2.2. If the Buyer withdraws from the sales contract, the Pigeons must be returned to OPTIMA 2747 Kft. The return of the Pigeons is considered completed within the deadline if the Buyer returns them before the deadline. The Buyer shall bear only the direct cost of return shipping, unless Optima 2747 assumes this cost.

8.2.3. The Consumer may exercise his right of withdrawal in writing. (by requesting confirmation via registered e-mail or by e-mail).

9. Communication between parties

Unless otherwise agreed, communication between the parties shall be in writing. (by requesting confirmation via registered e-mail or by e-mail).

10. Privacy Policy

10.1. GENERAL INFORMATION

The purpose of the Data Management Regulations is to record the data management and data protection procedure used by the data controller - OPTIMA 2747 - by complying with which, in the course of its activities as a data controller (hereinafter: Data Controller), it pays particular attention to the protection and preservation of personal data, as well as safe and fair data management.

The following laws govern the Privacy Policy Regulations:

– CVIII of 2001 TV. on certain issues of electronic commercial services and services related to the information society; – XLVIII of 2008 TV. on the basic conditions and certain limitations of economic advertising activity; – CXII of 2011 TV. on the right to information self-determination and freedom of information – TV V of 2013 on the Civil Code; – Regulation 2016/679/EU (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and on the repeal of Regulation 95/46/EC.

The Data Controller unilaterally undertakes to comply with these Data Management Regulations in order to respect the rights of the individual as defined by the relevant legislation, or the private sector. The Data Controller reserves the right to change the Data Management Regulations, which it also unilaterally undertakes to publish in an appropriate manner.

10.2. TERMS AND LEGAL INTERPRETATIONS USED IN THE REGULATIONS:

Data subject: natural person identified or identifiable on the basis of any information

Personal data: any information relating to the data subject

Special data: all data belonging to special categories of personal data, i.e. personal data referring to racial or ethnic origin, political opinion, religious or worldview beliefs or trade union membership, as well as genetic data, biometric data aimed at unique identification of natural persons, health data and personal data concerning the sex life or sexual orientation of natural persons

Consent: a voluntary, definite and clear declaration of the data subject's will based on adequate information, by which the data subject indicates through a statement or other behavior that clearly expresses his will that he gives his consent to the processing of his personal data

Data controller: the natural or legal person or organization without legal personality who, within the framework defined by law or a mandatory legal act of the European Union, independently or together with others determines the purpose of data management, the data management (including the device used) makes and implements relevant decisions, or has them implemented by the data processor;

Data management: regardless of the procedure used, any operation performed on the data or the set of operations, including in particular collection, recording, recording, organization, storage, change, use, query, transmission, disclosure, coordination or connection, locking, deletion and destruction, and preventing further use of the data, taking photographs, audio or video recordings, and recording physical characteristics suitable for identifying the person (e.g. fingerprint or palm print, DNA sample, iris image)

Data transmission: making the data available to a specific third party

Disclosure: making the data available to anyone

Data deletion: rendering the data unrecognizable in such a way that its recovery is no longer possible

Data processing: the set of data processing operations performed by the data processor acting on behalf of or at the request of the data controller;

Data destruction: complete physical destruction of the data carrier containing the data

Data processor: the natural or legal person or organization without legal personality who - within the framework and conditions defined by law or a mandatory legal act of the European Union - processes personal data on behalf of or on the basis of the order of the data controller

Data file: the totality of the data managed in a register;

Third party: a natural or legal person or an organization without legal personality who is or is not the same as the data subject, the data controller, the data processor or the persons who carry out operations aimed at processing personal data under the direct control of the data controller or data processor

EEA state: a member state of the European Union and another state that is a party to the Agreement on the European Economic Area, as well as the state whose citizen is the European Union and its member states, as well as a state that is not a party to the Agreement on the European Economic Area, on the basis of the European Economic Area He enjoys the same legal status as a citizen of a state party to the Territorial Agreement

Third country: any state that is not an EEA state;

Data protection incident: a breach of data security that results in the accidental or unlawful destruction, loss, modification, unauthorized transmission or disclosure of personal data transmitted, stored or otherwise handled, or unauthorized access to them

10.3. BASIS OF DATA MANAGEMENT

The data controller performs its activities based on the legal principle that personal data can only be processed for a clearly defined, lawful purpose, in order to exercise a right and fulfill an obligation. In all stages of data management, the purpose of data management must be met, the collection and management of data must be fair and legal. In the course of the Data Controller's activities, the handling of personal data may in all cases be based on legislation or on voluntary and express consent. The data manager acts according to the principle that only those who are entitled to do so based on the law, or to whom the given person gives consent, can access the personal data of the data subject.
The data manager acts according to the principle that only those who are entitled to do so based on the law, or to whom the given person gives consent, can access the personal data of the data subject.
The managed data can only be seen by the Data Manager, its employees, or the Data Processor used by the Data Manager, and the Data Manager will not pass them on to third parties who do not have the right to access the data.

10.4. Scope of processed personal data and method of recording

Personal data may only be recorded after the Data Controller has made it possible for the data subject to read these Data Management Regulations, which are the basis of the data management. The processing of personal data is based on the voluntary consent given by the data subject in the knowledge of this information, or, in the case of a purchase, regardless of the consent, on legislation (Ptk or Accounting Act).

The data controller processes the following personal data in connection with its activities covered by these Data Management Regulations: – In case of registration: Surname and first name, User name, Billing and/or shipping address, E-mail address – In the case of one-off purchases: Surname and first name, E-mail address, Billing and/or delivery address – In case of complaint: Surname and first name, E-mail address

The User account created after registration contains the data provided during Registration and information about the User's previous purchases. The user has the right to change the data entered in the User account.

The purpose of data management during shopping on the website is to issue invoices, register customers, fulfill orders, document purchases and payments, and fulfill accounting obligations. In the case of creating a user account, management, registration and modification of purchases.
In the case of complaint management, the purpose of data management is to register, manage and retrieve complaints.

The Data Controller may not use the provided personal data for purposes other than those described in this Data Management Policy. Personal data can only be released to third parties or authorities with the prior express consent of the person concerned, unless the law provides otherwise.
The Data Controller does not check the personal data provided to him - the person providing it is solely responsible for its veracity. The data subject may only provide his own personal data, if he registers under the name of another person, the data provider must obtain the consent of the data subject.
When providing the e-mail address, the data subject assumes responsibility for the fact that only he/she uses the service from the given e-mail address.
The Data Controller is not obliged to verify that the e-mail address provided in this way really belongs to the data subject who provided it - in this way, he is entitled to assume that the data management is legal with regard to the personal data provided.
The process of data recording is controlled by the data subject himself, if during the data recording the data subject interrupts the process of data recording, either explicitly or by referring to it, the Data Controller is obliged to interrupt the recording and delete the personal data provided up to that point without exception.

10.5. RIGHTS OF THE DATA SUBJECT

10.5.1. The right of the data subject to receive information about the facts related to data processing before the data processing begins (hereinafter: the right to prior information).

The Data Controller undertakes to provide the information at the request of the User no later than 15 days from the date of submission of the request.
The Data Controller undertakes to provide the information at the User's request within 15 days of the request at the latest.

10.5.3. The data subject has the right to have it corrected or supplemented by the data controller upon request
In order to enforce the right to rectification, if the personal data managed by it or by a data processor acting on its behalf or at its direction is inaccurate, incorrect or incomplete, it shall - especially at the request of the data subject - clarify it immediately, or if it is compatible with the purpose of data management, the supplements it with additional personal data provided by the data subject or with a statement attached to the personal data processed by the data subject. The Data Controller is released from the obligation assumed in this point if the exact personal data are not available to him and the data subject does not make them available to him, or the authenticity of the personal data provided by the data subject cannot be established beyond doubt.

10.5.4. The data subject has the right to request that the processing of his personal data be restricted by the data controller
In order to enforce this data subject right, the data controller limits data processing to the data processing operations specified in the law

10.5.5. The data subject has the right to have his/her personal data deleted by the data controller upon request.
The data controller shall immediately delete the data subject's personal data, if the data processing is unlawful, the data subject withdraws his consent to data processing, or requests the deletion of your personal data or is ordered to do so by law.

10.5.6. The data subject has the right to object to the processing of his personal data, if the processing or forwarding of the personal data is necessary solely to assert the rights or legitimate interests of the Data Controller or a data recipient; unless data management is mandated by law.
The Data Controller - with the simultaneous suspension of data management - is obliged to examine the protest within the shortest period of time from the submission of the request, but no later than 15 days, and to inform the applicant of the result in writing. If the objection of the data subject is well-founded, the Data Controller is obliged to terminate the data management and block the data, and to notify all those to whom the personal data was previously transmitted of this fact.
In the event of a violation of the data subject's rights, you can file a complaint against the Data Controller with a court or the data protection authority, whose data:

Name: National Data Protection and Freedom of Information Authority Title. 1125 Budapest, Szilágyi Erzsébet fasor 22/c. Phone: 06 – 1 – 391-1400 Fax: 06-1-391-1410 E-mail: [email protected] Website: www.naih.hu

10.6. MODIFICATION AND DELETE OF DATA, PERIOD OF DATA MANAGEMENT

At any time, the data subject can request information about the data managed by the Data Controller, the date of data recording, the scope of the data managed, and the method of recording.
The user has the right to modify the User Account data at any time (however, in the case of an order in progress, the address can only be modified if it does not affect the fulfillment of the delivery).
At any time, the data subject may request the modification of their data, as well as their deletion from the Data Controller's database, free of charge, without justification or limitation, at the Data Controller's contact information provided in point 1.1 of these General Terms and Conditions.

The processing of personal data provided during data recording begins at the time of recording and lasts until its deletion or other time specified by law.

In the case of unregistered customers, the data manager keeps the data for 5 years from the date of purchase. For registered users, this lasts until the registration is canceled, but for a maximum of 5 years.
The data controller informs those concerned that, in the case of a purchase, Ptk. (Act V of 2013) 6:22. Pursuant to §, it manages the data necessary to assert claims and rights for 5 (five) years from the date of purchase. Also in the case of a purchase, in order to fulfill the accounting obligations, the data controller will use the data on the receipt in accordance with the Hungarian accounting legislation in force at all times.

10.7. DATA SECURITY

The Data Controller undertakes to ensure the security of the data in the process of data processing and to take all organizational and technical measures necessary for the safe storage of the data.
The data must be protected by appropriate technical means against unauthorized access, alteration, unauthorized transmission, unauthorized disclosure, deletion, or destruction, as well as against accidental destruction and damage, and the consequent loss of access. It is necessary to use technical protection devices that cannot be directly connected to the person concerned, unless permitted by law.
In order to protect the data files managed electronically in the various registers, the data manager or the data processor within the scope of their activities ensures that the data stored in the registers cannot be directly linked and assigned to the data subject.

A data processor acting on behalf of the Data Controller is also authorized to handle personal data. The data manager reserves the right to involve a data processor in the data management

10.8. DATA PROTECTION INCIDENT

A data protection incident is any event that results in the accidental or unlawful destruction, loss, modification, unauthorized transmission or disclosure of transmitted, stored or otherwise handled personal data, or unauthorized access to them. The data controller must notify the Authority within 72 hours of a data protection incident detected by him or by the data processor he uses. The data protection incident does not need to be reported if it is likely that it does not entail a risk for the enforcement of the rights of the data subjects. The notification includes the nature of the incident, - if possible - the scope and number of those involved, the scope of the data involved, the likely consequences, or actions taken or planned by the Data Controller. If the data protection incident is likely to have consequences that significantly affect the enforcement of a fundamental right of the data subject, the data controller shall immediately inform the data subject of the data protection incident by publishing it on the website. Exempted from the obligation to provide information, - if appropriate technical and organizational protection measures were applied prior to the incident, i.e. in particular those that make the data unintelligible in the event of access by an unauthorized person, resulting in their encryption, - if, after becoming aware of the data protection incident, he ensured with the measures taken that the data protection incident will not likely result in consequences significantly affecting the enforcement of any fundamental right of the data subject, - if the direct information of the data subject in accordance with paragraph (1) could only be achieved with a disproportionate effort of the data controller, therefore the data controller provides the data subjects with appropriate information related to the data protection incident through information published in a manner accessible to anyone, or – if the legislation excludes the provision of information.

The Data Controller keeps records of data protection incidents.

10.9. ENFORCEMENT OF RIGHTS RELATED TO PERSONAL DATA FOLLOWING THE DEATH OF THE PERSON INVOLVED

Within five years of the data subject's death, in the case of data processing operations defined by law, the data subject shall have the rights to which the deceased was entitled during his lifetime with an administrative order, or with a statement made to the data controller in a public document or a private document with full evidentiary force - if the data subject has made more than one statement with one data controller, the subsequent with a statement made at the time - an authorized person is entitled to enforce it.
If the person concerned has not made an appropriate declaration of rights, his or her next of kin according to the Civil Code is entitled to enforce the rights of the deceased during his or her lifetime within five years of the death of the person concerned. The close relative who is the first to exercise this right is entitled to assert the rights of the data subject in accordance with this paragraph.

10.10. FINAL PROVISIONS

The entry into force of these Data Management Regulations is ordered by the company's managing director, and it becomes effective upon uploading to the company's website, this also applies to future amendments to the regulations.

11. Other provisions

11.1. OPTIMA 2747 may modify the General Terms and Conditions without any notice. The amendments are valid for sales contracts where the order was initiated after the publication of the amendments, and for auctions that were announced after the publication of the amendments.

These GTC are valid from today until they are revoked or amended.

11.2. The General Terms and Conditions are written in Hungarian and English. In the event of a discrepancy between the Hungarian and English versions, the English version shall be considered authoritative.

11.3. Both the provisions contained in the General Terms and Conditions and all disputes arising in connection with them must be regulated and interpreted in accordance with Hungarian law.

11.4. The Parties shall contractually establish the jurisdiction of the Hungarian courts in relation to any dispute arising in connection with the General Terms and Conditions.

11.5. The Parties must cooperate to prevent disputes related to the sales contract, auction or GTC concluded between them. The Parties must make every effort to resolve any disputes amicably, including subjecting themselves to the procedure of the competent consumer protection authority if the Buyer is a Consumer. The competent consumer protection authority is the Pest county authority based on OPTIMA's 2747 location. (address: 1119 Budapest, Etele út 59-61. II. em. 240.; e-mail: [email protected], phone: +36-1/269-0703).

11.6. If one or more clauses of the General Terms and Conditions are declared partially or fully invalid and unenforced, this does not result in the invalidation of other General Terms and Conditions clauses that are in force between the Parties.

11.7. In relation to any matter not regulated here, the present laws shall apply, with particular regard to the provisions of the Civil Code and the government decree.

Last updated: November 2018