GENERAL CONTRACTUAL CONDITIONS (GCF)
Preambulum
Welcome to our website! Thank you for choosing us for your purchase!
Please read this document carefully before finalizing your order, because by finalizing your order you accept the contents of these GTC!
If you have any questions regarding these Terms and Conditions, the use of the website, the individual products, the purchase procedure, or if you would like to discuss your specific requirements with us, please contact us using the contact details provided.
Imprint: details of the Service Provider (Seller, Company) Tóbelurna Kft.
Name: Tóbelurna Ltd.
Address.
Address for correspondence: 1026 Budapest, Szilágyi Erzsébet fasor 97. 1.
Address of shop, point of receipt: 1026 Budapest, Szilágyi Erzsébet fasor 97. 1.
Registering authority:
Company registration number: 01-09-399919
Tax number: 27836291-2-41
Telephone number: +36 70 230 0522
E-mail: info@tobelurna.hu
Details of the hosting company
Concepts
Parties: Seller and Buyer collectively
Consumer: a natural person acting outside his/her trade, profession, self-employed occupation or business
Consumer contract: a contract to which one of the parties is a consumer
Website: website https://tobelurna.hu which is the website for the conclusion of the contract
Contract: a contract of sale concluded between the Seller and the Buyer using the Website and electronic mail
Remote communication device: a device which enables the parties to make a contractual statement in their absence in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access
‘Distance contract’ means a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Product: any marketable movable good included in the offer of the Website and intended for sale on the Website and which is the subject of the Contract
Business: a person acting in the course of his trade, profession, self-employed occupation or business
Buyer(s): the person who enters into a contract making an offer to purchase via the Website
Standstill: in the case of contracts concluded between a consumer and a business (hereinafter referred to as “consumer contracts”), in accordance with the Civil Code,
(a) a guarantee for the performance of the contract which the business voluntarily assumes for the proper performance of the contract, in addition to its legal obligation or in the absence thereof, and
(b) a mandatory statutory guarantee
Relevant legislation
The contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:
Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
Act V of 2013 on the Civil Code
Government Decree No. 151/2003 (IX.22.) on the mandatory warranty for consumer durables45 Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
Act LXXVI of 1997 on Copyright
Act CXX of 2011 on the Right of Informational Self-Determination and Freedom of Information
27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)
Scope, adoption of the GTC
The content of the contract concluded between us is governed by these General Terms and Conditions (hereinafter “GTC”), in addition to the provisions of the applicable mandatory legislation. Accordingly, these General Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not included in these GTC, is provided by other information available on the Website.
You must read these GTC before finalising your order. By making a purchase through our online store, you agree to the provisions of these TOS and these TOS shall form an integral part of the contract between you and the Seller.
Language of the contract, form of contract
The language of the contracts covered by these GTC is Hungarian.
Contracts covered by these GTC are not contracts in writing and are not registered by the Seller.
Prices
Prices are in HUF and include VAT at 27%. Prices are indicative and subject to change without notice.
Complaints and enforcement possibilities
The consumer may submit consumer complaints about the product or the Seller’s activities to the following contact details:
Customer Service Office.
Telephone: +36 70 230 0522
Internet address: https://tobelurna.hu
E-mail: info@tobelurna.hu
Address: +358 (0) 10.06.2008, tel. The buyers’ book is available at the Seller’s shop (customer service). The Seller will reply in writing within 30 days to entries made here.
The consumer may communicate to the business, orally or in writing, a complaint about the conduct, activity or omission of the business or of a person acting in the business’s interest or on the business’s behalf directly related to the marketing or sale of goods to consumers.
The business must investigate the oral complaint promptly and remedy it as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the consumer on the spot. In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be provided with the substantive reply within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. In other respects, the consumer shall act on the written complaint as follows. Unless otherwise provided for in a directly applicable legal act of the European Union, the business must reply in writing to the written complaint within 30 days of receipt and take steps to communicate the reply. A shorter time limit may be laid down by law, or a longer time limit by statute. The undertaking must state the reasons for its rejection of the complaint. Oral complaints communicated by telephone or by electronic communications must be given a unique identification number.
The record of the complaint must contain the following information:
the name and address of the consumer,
the place, time and manner in which the complaint was lodged,
a detailed description of the consumer’s complaint, a list of the documents, records and other evidence presented by the consumer,
a statement by the undertaking of its position on the consumer’s complaint, where an immediate investigation of the complaint is possible,
the signatures of the person who took the record and, except in the case of an oral complaint made by telephone or other electronic communication service, the consumer,
the place and time when the record was made,
in the case of an oral complaint made by telephone or other electronic communications service, the unique identification number of the complaint.
The undertaking shall keep the record of the complaint and a copy of the reply for five years and shall produce it to the supervisory authorities at their request.
If the complaint is rejected, the undertaking must inform the consumer in writing of the authority or conciliation body to which the complaint may be submitted, according to its nature. The information must also include the address, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information should also include whether the business will use the conciliation body to resolve the consumer dispute.
If any consumer dispute between the seller and the consumer is not settled during the negotiations, the following means of redress are available to the consumer:
Complain to the consumer authorities. If you notice a breach of your rights as a consumer, you have the right to complain to the consumer protection authority in your place of residence. Once the complaint has been examined, the authority will decide whether or not to proceed with the consumer protection procedure. The first level consumer protection authority is the district office competent for the consumer’s place of residence, a list of which can be found at: http://jarasinfo.gov.hu/
Court proceedings. The customer has the right to enforce his/her claim arising from a consumer dispute before a court in civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Please note that you may lodge a consumer complaint against us. If your consumer complaint is rejected, you are also entitled to refer it to the Conciliation Board of your place of residence or domicile: the initiation of the Conciliation Board’s proceedings is subject to the consumer’s direct attempt to settle the dispute with the business concerned. The conciliation body designated in the consumer’s request is competent to take action instead of the competent body, at the consumer’s request.
The business shall have a duty of cooperation in the conciliation procedure.
This includes the obligation for the business to send a reply to the conciliation body’s request and the obligation to appear before the conciliation body (‘to ensure the attendance of a person authorised to negotiate a settlement at a hearing’).
Where the seat or establishment of the business is not registered in the county of the chamber of the competent territorial conciliation body, the obligation of cooperation of the business includes offering the possibility of a written settlement in accordance with the consumer’s request.
In the event of a breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines and no possibility of waiving fines in the event of infringement by businesses as a result of the change in the law. In addition to the Act on Consumer Protection, the relevant provision of the Act on Small and Medium-Sized Enterprises has also been amended, so that fines can be waived for small and medium-sized enterprises.
The amount of the fine for small and medium-sized enterprises may range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises subject to the Accounting Act with an annual net turnover exceeding HUF 100 million, the fine may range from HUF 15,000 to 5% of the enterprise’s annual net turnover, but not more than HUF 500 million. By introducing a mandatory fine, the legislator aims to reinforce cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation procedure.
The conciliation body is competent to settle consumer disputes out of court. The conciliation body’s task is to try to reach an agreement between the parties to resolve the consumer dispute and, if this is not successful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.
The conciliation panel shall act at the request of the consumer. The request must be made in writing to the chairman of the conciliation panel: the requirement of written form may be met by letter, telegram, telex, telefax or any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data stored in an unchanged form and content.
The application must include
- the name, address or residence of the consumer,
- the name, registered office or place of business of the undertaking involved in the consumer dispute,
- where the consumer has requested the replacement of the competent conciliation body by the competent conciliation body,
- a brief description of the consumer’s position, the facts in support of it and the evidence in support of it,
- a statement by the consumer that the consumer has attempted to resolve the dispute directly with the undertaking concerned
- a declaration by the consumer that he has not initiated proceedings before any other conciliation body, that no mediation procedure has been initiated, that no application for a claim has been lodged or that no application for an order for payment has been presented,
- a motion for a decision of the panel,
- the signature of the consumer.
The application must be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular a written statement by the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer that the required conciliation has been attempted.
If the consumer acts through an authorised representative, the authorisation shall be attached to the application.
More information on the Conciliation Boards is available at: http://www.bekeltetes.hu
For more information on the territorially competent Conciliation Bodies, see: http://www.bekeltetes.hu/index.php?id=testuletek
Contact details of each territorially competent Conciliation Body:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
Fax: 06-72-507-152
E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone numbers: 06-76-501-500; 06-76-501-525, 06-76-501-523
Fax: 06-76-501-538
E-mail: bekeltetes@bacsbekeltetes.hu; mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu
Békés County Arbitration Board
5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66-324-976
Fax: 06-66-324-976
E-mail: eva.toth@bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Address.
Telefonszám:06-46-501-091;06-46-501-870
Fax: 06-46-501-099
E-mail: kalna.zsuzsa@bokik.hu
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. 310.
Phone number: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
Csongrád County Conciliation Board
6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62-554-250/118
Fax: 06-62-426-149
E-mail: bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Telefonszám:06-22-510-310
Fax: 06-22-510-312
E-mail: fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217
Fax: 06-96-520-218
E-mail: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation Board
Address.
Phone number: 06-52-500-710
Fax: 06-52-500-720
E-mail: korosi.vanda@hbkik.hu
Heves County Arbitration Board
Address.
Phone number: 06-36-429-612
Fax: 06-36-323-615
E-mail: hkik@hkik.hu
Jász-Nagykun-Szolnok County Conciliation Board
Address.
Phone: 06-56-510-621, 06-20-373-2570
Fax: 06-56-510-628
E-mail: bekeltetotestulet@jnszmkik.hu
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34-513-027
Fax: 06-34-316-259
E-mail: szilvi@kemkik.hu
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32-520-860
Fax: 06-32-520-862
E-mail: nkik@nkik.hu
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61.
Postal address: 1364 Budapest, PO Box 81.
Phone number: 06-1-269-0703
Fax: 06-1-474-7921
E-mail: pmbekelteto@pmkik.hu
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u.6.
Phone number: 06-82-501-026
Fax: 06-82-501-046
E-mail: skik@skik.hu
Szabolcs-Szatmár-Bereg County Conciliation Board
Address.
Phone number: 06-42-311-544
Fax: 06-42-311-750
E-mail: bekelteto@szabkam.hu
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25.
Phone number: 06-74-411-661
Fax: 06-74-411-456
E-mail: kamara@tmkik.hu
Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94-312-356
Fax: 06-94-316-936
E-mail: vmkik@vmkik.hu
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. ground floor 116.
Phone number: 06-88-429-008
Fax: 06-88-412-150
E-mail: bekelteto@veszpremikamara.hu
Zala County Conciliation Board
Address.
Phone number: 06-92-550-513
Fax: 06-92-550-525
E-mail: zmbekelteto@zmkik.hu
Online dispute resolution platform
The European Commission has set up a website where consumers can register to resolve their online shopping disputes by filling in an application form and avoiding court proceedings. This will allow consumers to enforce their rights without, for example, being prevented by distance.
If you want to complain about a product or service bought online and do not necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader you have complained against can jointly choose the dispute resolution body you want to deal with your complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright
Pursuant to Article 1(1) of Act LXXVI of 1999 on Copyright (hereinafter referred to as “the Copyright Act”), the website is a copyright work and all parts of it are protected by copyright. The Copyright Act (Szjt. Pursuant to Article 16 (1) of the Copyright Act, the unauthorised use of the graphic and software solutions and computer program creations contained on the website, as well as the use of any application that may be used to modify the website or any part thereof, is prohibited. Any material from the website and its database may be reproduced, even with the written consent of the copyright holder, only with reference to the website and with acknowledgement of the source. The copyright holder is SolCom Europe Ltd.
Partial invalidity, code of conduct
If any provision of the GTC is legally invalid or ineffective, the remaining provisions of the contract shall remain in force and the provisions of the applicable law shall apply in place of the invalid or defective provision.
The Seller does not have a code of conduct under the Unfair Commercial Practices Act.
Operation of digital content, technical protection measures
The availability of the servers providing the data displayed on the website is above 99.9% per year. All data content is backed up regularly, so that the original data content can be restored in the event of a problem. Sensitive data is stored with encryption of appropriate strength and encrypted using hardware support built into the processor.
Information on the essential characteristics of the products
Information about the essential features of the products available for purchase on the website is provided in the descriptions of each product. The information on the product page is for information purposes only! The pictures are occasionally illustrations, the colours may not always correspond to reality!
Correction of data entry errors – Responsibility for the accuracy of the data provided
You will always have the opportunity to modify the data you have entered during the order process before finalizing the order (clicking the back button in the browser will open the previous page, so you can correct the data you have entered even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you have entered is accurate, as the product will be invoiced and shipped based on the data you have provided. By placing your order, you acknowledge that the Seller is entitled to charge you for any damages and costs resulting from your incorrect entry of data or inaccurate data. The Seller excludes any liability for performance based on inaccurate data entry. Please note that an incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract.
Procedure in case of incorrect price
The seller shall not be liable for any price which, despite its diligence and/or as a result of an error in the computer system, is manifestly incorrect.
A manifestly incorrectly indicated price is in particular:
A price of HUF 0,
a price reduced by a discount but incorrectly indicating the discount (e.g. a product offered for HUF 500 for a HUF 1 000 product with a 20% discount),
cases where it is obvious that the Product is not indicated at the verifiable market price and the Seller is not selling it at a discount (e.g.: obviously incorrect price: price indicated at HUF 1 000 instead of HUF 10 000).
The average price according to the search pages is considered to be the verified market price.
In the case of an incorrect price indication, the Seller offers the possibility to buy the product at the real price, in the knowledge of which the Buyer can decide whether to order the product at the real price or to cancel the order without any adverse legal consequences.
Use of the website
The purchase process
Selecting the Product
By clicking on the product categories on the website, you can select the desired product range and the individual products within it. Click on each product to find its photo, article number, description and price. You will be charged the price shown on the website when you make a purchase. The products are marked with an illustrated photo. The accessories and decorative elements shown in the photographs are not part of the product unless specifically highlighted in the product description. Please note that we cannot be held responsible for any typographical errors or incorrect information!
Add to cart
After selecting the Product, you may click on the “Add to Cart” button to add any number of Products to your cart without incurring any obligation to purchase or pay, as adding a Product to your cart does not constitute an offer.
We recommend that you add a product to your shopping basket even if you are not sure whether you want to buy it, as this will allow you to see which products you have selected at the moment in one click and to view and compare them on one screen. The contents of the shopping basket can be freely modified until the order is finalised by clicking on the “Finalise order” button, you can remove products from the basket as you wish, add products to the basket as you wish or change the number of products you wish to order.
If you add the selected product to your shopping cart, a separate window will pop up with the text “Product added to cart”. If you do not wish to select any more products, click on the “Add to cart” button! If you want to view the selected product again or add another product to your basket, click on “Return to product”!
View Cart
When using the website, you can check the contents of your basket at any time by clicking on the “View Basket” icon at the top of the website. Here you can remove selected products from the basket or change the number of items in the basket. Once you click on the “Update Cart” button, the system will display the information you have changed, including the price of the products you have added to your cart.
If you do not wish to select any further products and add them to the basket, you can continue shopping by clicking on the “Order” button.
Entering your customer details
After pressing the “Order” button, the contents of your shopping cart will be displayed and the total purchase price you will have to pay if you have selected the products you wish to purchase. In the “Delivery service” box, you must tick whether you wish to collect the products you have ordered in person (personal collection) or have them delivered. In the case of delivery, the system will indicate the delivery charge, which you will be required to pay when you place your order.
You can enter your e-mail address in the “User details” text box and your full name, address and telephone number in the “Billing information” text box. In the text box “Delivery information”, the system automatically stores the data you entered in the “Billing information”. If you request delivery to a different address, please uncheck the box. In the “Comment” text box you can enter any additional information you wish.
Order overview
After filling in the text boxes above, you can click on “Continue to next step” to continue the order process or “Cancel” to delete/correct the data entered so far and return to the shopping cart. Clicking on “Continue to next step” will take you to the “Order overview” page. Here you can see a summary of the information you have previously entered, including the contents of your shopping cart, your user, billing and shipping details and the amount you are paying (you cannot change this information here unless you click on “Back”).
Quantity differences
Depending on the nature of the product and the packaging provided by the seller, the buyer can specify the quantity of the product he wishes to order.
The seller will make every effort to deliver the exact quantity ordered by the buyer so that this variation is as small as possible and therefore as close as possible to the quantity specified by the buyer. The seller reserves the right, however, to deliver the ordered product with a certain deviation due to inaccuracy of measurement, which may not, however, exceed 15% of the quantity by weight/volume of the ordered product. Quantity variations shall not be accepted in the case of unit products.
Packaging
The seller shall be responsible for the proper packaging of the products and for compliance with the legal requirements applicable to packaging. The packaging shall contain all information concerning the composition, use, characteristics, quality and consumability of the product. The purchaser may read this information on receipt of the product.
Finalising the order (making an offer)
If you are satisfied that the contents of your shopping cart correspond to the products you wish to order and that your details are correct, you can complete your order by clicking on the ” ” button. The information provided on the website does not constitute an offer by the Seller to enter into a contract. In the case of orders covered by these GTC, you are considered to be the Bidder and the contract is concluded by the acceptance by the Seller of the offer made by you through the Website, in accordance with the provisions of these GTC
by clicking on the ” ” button, you expressly acknowledge that your offer is deemed to have been made and that your declaration shall be subject to payment in the event of confirmation by the Seller in accordance with these GTC. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these GTC, you are released from your obligation to bid.
Order processing, conclusion of the contract
Orders are processed in two stages. You can place an order at any time. You will first receive an automatic confirmation of the order, which only records the fact that your order has been received via the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation e-mail notification contains incorrect information about you (e.g. name, delivery address, telephone number, etc.), you must immediately notify us by e-mail, together with the correct information. If you do not receive an automatic confirmation e-mail within 24 hours of placing your order, please contact us, as your order may not have been received for technical reasons.
The Seller will confirm your offer by a second e-mail no later than the working day after your offer has been sent. The contract is concluded upon acceptance by the Seller of your offer (second confirmation).
Payment methods
Bank transfer
You can pay for the products by bank transfer. Beneficiary’s bank: Beneficiary’s name: Tax number:
Receipt
If you wish to pay for the value of the order on receipt of the parcel, please choose the payment method “Cash on delivery”.
Payment in cash
You have the option to pay the price of the product and the delivery fee in cash upon receipt of the product.
Payment methods, delivery charges
Information and information on home delivery
Our webshop delivers your orders by cash on delivery on all working days between 8am and 5pm. If you are not at home during this period, it is advisable to specify a work address as the delivery address (if available). The courier service will attempt to deliver the parcels twice, the delivery costs for parcels not picked up will be charged to the customer!
Please check the parcel before the courier delivers it and, if you notice any damage to the products, ask for a report to be made and do not take delivery. We are not able to accept subsequent complaints without a report!
Only order the desired products if you are able to pay the courier for them on receipt of the parcel! In the case of returned parcels that have not been accepted, we will charge the customer for the return shipment, and we will only be able to resend the parcel if the parcel is paid in advance!
Deadline for delivery
The general delivery deadline for orders is 30 days from the date of order confirmation. This delivery date is indicative and any deviation will be notified by e-mail.
Reservation of rights, reservation of title
If you have previously ordered a Product without having received it at the time of delivery (not including the case where you have exercised your right of withdrawal) or if the Product has been returned to the Seller without a return to the Seller with a return to Seller indication, the Seller will make the fulfilment of the order conditional upon the payment in advance of the purchase price and the delivery costs.
The Seller may withhold delivery of the Product until it is satisfied that payment for the Product has been successfully made using the electronic payment solution (including where, in the case of a Product paid for by bank transfer, the Buyer transfers the purchase price in the currency of the Member State in which the Product is sold and the Seller does not receive the full amount of the purchase price and delivery charges due to the conversion and bank commissions and charges). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
Some products on our website may have been discontinued. In this regard, the Seller reserves the right to refuse all or part of any order already confirmed. Partial fulfilment may only take place after consultation with you. In the event of advance payment of the purchase price of the product, the amount will be refunded to you within 5 working days.
Sales abroad
Seller does not distinguish between buyers within Hungary and buyers outside the European Union by using the Website. Unless otherwise provided for in these GTC, the Seller shall ensure the delivery/pick-up of the ordered products within the territory of Hungary.
The provisions of these GTC shall also apply to purchases made outside Hungary, with the proviso that, for the purposes of this clause, a consumer shall be deemed to be a buyer under the provisions of the relevant Regulation if he is a national or resident of a Member State or an undertaking established in a Member State and purchasing goods or services within the European Union solely for the purpose of final consumption or for the purpose of acting as such. A consumer is a natural person who is acting for purposes which are outside his trade, business, craft or profession.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the Buyer’s Member State.
Seller shall not be obliged to comply with any non-contractual requirements, such as labelling or sector-specific requirements, laid down in the national law of the Member State of the Buyer in relation to the Product concerned, or to inform the Buyer of such requirements.
Seller shall apply Hungarian VAT to all Products unless otherwise provided.
Buyer may exercise its enforcement rights under these GTC.
In case of electronic payment, payment shall be made in the currency specified by the Seller,
The Seller may withhold delivery of the Product until it is satisfied that payment of the price of the Product and the delivery charge has been successfully and fully made using the electronic payment solution (including where, in the case of a Product paid for by bank transfer, the Buyer transfers the purchase price (delivery charge) in the currency of the Member State in which the payment is made and the Seller does not receive the full amount of the purchase price due to the conversion and bank commissions and charges). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
The Seller shall also provide the same delivery facilities to non-Hungarian buyers as those available to Hungarian buyers in order to deliver the Product.
If the Buyer may request delivery of the Product to Hungary or any other Member State of the European Union in accordance with the GTC, the non-Hungarian Buyer may also request delivery by any of the means of delivery indicated in the GTC.
If the Customer may, in accordance with the GTC, choose to collect the Product personally from the Seller, the non-Hungarian Customer may also do so.
Otherwise, the Buyer may request to have the Product delivered abroad at his own expense. This right does not apply to Hungarian Customers.
The Seller shall fulfil the order after payment of the delivery fee, if the Customer does not pay the delivery fee to the Seller or does not arrange his own delivery by the date agreed in advance, the Seller shall terminate the contract and refund the purchase price paid in advance to the Customer.
Consumer information pursuant to Government Decree 45/2014 (II. 26.)
Information on the consumer’s right of withdrawal
The consumer has the right to withdraw from the contract in accordance with Art. According to Article 8:1, paragraph 1, point 3, only natural persons acting outside the scope of their profession, self-employment or business activity are considered to be consumers, so legal persons may not exercise the right of withdrawal without giving reasons!
The consumer has the right to withdraw without giving reasons according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise his right of withdrawal
a) in the case of a contract for the sale of goods
aa) the product,
ab) in the case of the sale of several products, where the supply of each product takes place at different times, to the last product supplied,
the consumer or a third party other than the carrier and indicated by the consumer, which period shall be 14 days.
Nothing in this point shall affect the consumer’s right to exercise his right of withdrawal under this point during the period between the date of conclusion of the contract and the date of receipt of the goods.
If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
Withdrawal notice, exercise of the consumer’s right of withdrawal or termination
The consumer may exercise the right provided for in Article 20 of Government Decree No. 45/2014 (26.II.) by means of a clear declaration to this effect or by using the model declaration that can be downloaded from the website.
Validity of the consumer’s withdrawal declaration
The right of withdrawal is deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit. The deadline is 14 days.
The burden of proof that the consumer has exercised his right of withdrawal in accordance with this provision shall lie with the consumer.
The seller shall acknowledge the consumer’s withdrawal on an electronic medium upon receipt.
Obligations of the seller in the event of withdrawal by the consumer
Obligation of the seller to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the cost of the product paid by the consumer as consideration within fourteen days of becoming aware of the withdrawal at the latest.
The Seller shall be obliged to refund the price of the goods
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall refund the amount due to the consumer in the same way as the consumer used the payment method. Subject to the express consent of the consumer, the Seller may use a different method of payment for the refund, but the consumer shall not be charged any additional fee. The Seller shall not be liable for any delay caused by the Consumer providing an incorrect and/or inaccurate bank account number or postal address.
Additional charges
If the Consumer expressly chooses a mode of transport other than the least costly usual mode of transport, the Seller shall not be obliged to reimburse the additional costs resulting therefrom. In such a case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold any amount due to the consumer until the consumer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept consignments sent by cash on delivery or by post.
In the event of cancellation or termination of the consumer’s obligations
Return of the product
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the consumer is obliged to return the product immediately, but no later than fourteen days from the date of withdrawal, or to hand it over to the Seller or to a person authorised by the Seller to receive the product. The return shall be deemed to have been effected in time if the consumer returns the goods before the expiry of the time limit.
Costs of returning the product
The consumer bears the cost of returning the product. The product must be returned to the Seller’s address. If the consumer terminates the off-premises or distance contract for the provision of a service after the performance has begun, he must pay the trader a fee proportionate to the service provided up to the time of the notification of the termination to the trader. The amount to be paid by the consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to take delivery of products returned by cash on delivery or postage paid.
Consumer’s liability for depreciation
The consumer is liable for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product.
The right of withdrawal may not be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases provided for in Article 29 (1) of Government Regulation 45/2014 (II.26.):
a) in the case of a contract for the provision of a service, after the service has been performed in its entirety, if the undertaking has begun performance with the express prior consent of the consumer and the consumer has acknowledged that he/she will lose the right to withdraw from the contract after the service has been performed in its entirety;
(b) for goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the undertaking and which are possible even during the period laid down for exercising the right of withdrawal;
(c) in the case of a product which is not a prefabricated product, which has been manufactured on the instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer;
(d) in respect of a perishable product or a product whose quality is to be maintained for a short period;
(e) a product in a sealed package which, for health or hygiene reasons, cannot be returned after opening after delivery;
(f) in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
(g) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is not performed until 30 days after the date of conclusion;
(h) in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
(i) for the sale of a copy of a sound or video recording or of computer software in sealed packaging, where the consumer has opened the packaging after delivery;
j) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
(k) contracts concluded at public auction;
(l) a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where a deadline or period for performance has been fixed in the contract;
(m) in respect of digital content provided on a non-tangible medium, where the undertaking has commenced performance with the consumer’s express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he has lost his right of withdrawal once performance has begun.
Warranty, product warranty, guarantee
This section of the consumer information has been prepared pursuant to the authorisation of Article 9(3) of Government Decree 45/2014 (II.26.), using Annex 3 of Government Decree 45/2014 (II.26.).
Accessories warranty
In which cases can you exercise your right to a warranty?
In the event of a defective performance by the Seller, you can claim a warranty of conformity from the Seller under the rules of the Civil Code.
What rights do you have under your claim for a guarantee?
You may, at your option, make the following claims:
You can ask for repair or replacement, unless one of these claims is impossible or would impose disproportionate additional costs on the Seller compared to any other claim. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or you may have the defect repaired or replaced at the Seller’s expense or, as a last resort, you may withdraw from the contract.
You may transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the Seller has given a reason for it.
What is the time limit for you to exercise your right to a warranty?
You must give notice of the defect as soon as it is discovered, but no later than two months after the defect is discovered. However, you should note that you cannot claim for a defect after the two-year limitation period from the date of performance of the contract.
If the subject of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year cannot be validly agreed.
Who can you claim against?
You can enforce your warranty claim against the Seller.
What other conditions are there for enforcing your rights?
Within six months of the date of performance, your right to claim under the seller’s warranty is subject to no conditions other than the notification of the defect, provided that you prove that the goods or services were provided by the seller. However, after six months from the date of performance, you will have the burden of proving that the defect you have discovered existed at the time of performance.
In the case of second-hand products, the warranty and guarantee rights are normally different from the general rules. In the case of second-hand products, we can also speak of defective performance, but we must take into account the circumstances under which the Buyer could have expected certain defects to occur. As a result of ageing, the occurrence of certain defects is becoming more frequent, which means that it cannot be assumed that a second-hand product can be of the same quality as a newly purchased product. On this basis, the Buyer may only assert his warranty rights in respect of defects which are not due to use and which arise independently of the defects resulting from use. If the second-hand product is defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Service Provider shall not be liable for the known defect.
Product Warranty
In what circumstances can you exercise your right to a product warranty?
In the event of a defect in a movable item (product), you may, at your option, either claim under the warranty of the accessories or under the product warranty.
What rights do you have under your product warranty claim?
As a product warranty claim, you can only ask for the defective product to be repaired or replaced.
In which cases is the product defective?
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the time limit for making a product warranty claim?
You have two years from the date on which the product was put on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty?
You can only enforce your product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective if you want to claim under a product warranty.
In what circumstances is the manufacturer (distributor) exempted from its product warranty obligations?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
the product was not manufactured or put into circulation in the course of his business, or
the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer (distributor) need only prove one ground for exemption.
Felhívom figyelmét, hogy ugyanazon hiba miatt kellékszavatossági és termékszavatossági igényt egyszerre, egymással párhuzamosan nem érvényesíthet. Termékszavatossági igényének eredményes érvényesítése esetén azonban a kicserélt termékre, illetve kijavított részre vonatkozó kellékszavatossági igényét a gyártóval szemben érvényesítheti.
Good standing
In the event of defective performance, the debtor is obliged by contract or by law to provide a guarantee equivalent to what is commonly known as a warranty.
The law provides for a guarantee for durable consumer goods (e.g. technical goods, tools, machines) and their parts with a purchase value of more than HUF 10 000.
The guarantee is contractual if the obligated party (either the manufacturer or the trader) warrants the product himself, according to the conditions he has set. In such a case, the terms and conditions of the guarantee (warranty) must be read in connection with the guarantee and the guarantee is accompanied by a guarantee voucher.
What are your rights under the warranty and within what time limits?
Government Decree 151/2003 (IX.22.) on the compulsory guarantee for certain consumer durables defines the cases of compulsory guarantee. For Products not covered by this Regulation, the Seller does not provide any warranty. The warranty claim may be asserted within the warranty period. If the person obliged to provide the guarantee fails to fulfil his obligation within a reasonable period of time at the request of the person entitled, the guarantee claim may be brought before a court within three months of the expiry of the period specified in the request, even if the guarantee period has already expired. Failure to comply with this time limit shall result in forfeiture of the right. In other respects, the rules applicable to the exercise of rights under a warranty shall apply mutatis mutandis to the enforcement of a warranty claim. The duration of the guarantee shall be one year. Failure to comply with this period shall result in forfeiture of rights. The guarantee period shall begin on the date of delivery of the consumer goods to the consumer or, where the installation is carried out by the undertaking or its agent, on the date of installation. Please contact the manufacturer for any warranty claims exceeding one year.
What is the relationship between the warranty and other warranty rights?
Warranty is ancillary to warranty rights (product and accessory warranty), the main difference between general warranty rights and warranty being that the burden of proof is lower for the consumer in the case of warranty.
If you have bought a product, you have the following rights:
Law
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How long can you claim?
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What is the basis for a warranty right?
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What can be enforced
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Manufacturer’s warranty |
Under the terms of the warranty for as long as the manufacturer allows (the warranty terms and the warranty ticket are usually included in the product box)
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Under the terms and conditions agreed by the manufacturer, the contract between the manufacturer and the buyer
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A typical case under warranty is repair or replacement.
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Warranty provided by the trader
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Under the terms of the warranty, as long as the trader gives you the opportunity to do so (the warranty terms and the warranty ticket are provided by the trader separately from the product)
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Under the terms agreed by the trader, the contract between the trader and the buyer
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A typical case under warranty is repair or replacement.
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Compulsory warranty according to Government Decree 151/2003
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It is valid for one year from the date of purchase.
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The warranty is regulated by Government Decree 151/2003.
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In the first instance, the remedy is repair or replacement, in the second instance, the remedy is a price reduction, repair at the expense of the defendant, or withdrawal.
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Product Warranty
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Within 2 years of the first marketing of the product in Hungary, you can claim directly against the manufacturer or his Hungarian distributor.
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Warranty is governed by the Civil Code
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Only replacement or repair can be requested.
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Accessories warranty
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It is valid for two years from the date of purchase.
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Warranty is governed by the Civil Code
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In the first instance, the remedy is repair or replacement, in the second instance, the remedy is a price reduction, repair at the expense of the defendant, or withdrawal.
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Consumer goods subject to the compulsory guarantee under Government Decree 151/2003, which are fixed, or which weigh more than 10 kg or cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return shall be carried out by the undertaking or, in the case of a request for repair made directly to the repairer, by the repairer.
The seller’s undertaking shall not, during the period of the obligatory guarantee, impose on the consumer conditions which are less favourable than the rights which the rules on obligatory guarantees confer. However, after that period (1 year), the conditions of the voluntary guarantee may be freely determined, but the guarantee may not affect the consumer’s statutory rights, including those based on the warranty of fitness.
Three working day replacement guaranteeThe three working day replacement guarantee also applies to sales made through an online shop. The three-working-day replacement guarantee is applicable to consumer durables covered by Government Decree 151/2003 (22.IX.2003), according to which if the replacement guarantee is invoked within three working days, the seller must interpret this as meaning that the product was already defective at the time of sale and must replace it without further action.
When is the Seller released from his warranty obligation?The Seller is released from his warranty obligation only if he proves that the cause of the defect arose after performance.
Please note that you may not make a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but you will have the rights under the guarantee irrespective of the warranty rights.