GENERAL TERMS AND CONDITIONS (GTC)
Date of Issue: 2020-10-29
Welcome to our site! Thank you for honoring us with your confidence when purchasing!
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 about our General Terms and Conditions document, the use of the website, individual products, the process of purchase, or if you would like to discuss your specific needs with us, please contact our staff at the contact details provided!
The data of the Service Provider (Seller, Company)
Company name: Csakajósör Kft.
Headquarters: 1073 Budapest, Kertész u. 42-44.
Mailing address: 1073 Budapest, Kertész u. 42-44.
Store, pick-up point address: 1073 Budapest, Kertész u. 42-44.
Registering authority: Registry Department of the Metropolitan Court
Company registration number: 01-09-895385
EU VAT/Tax number: HU14246030
Operating license number: 2371/A-1
Representative: Peter Pazinczar CEO
Phone number: +36 1 798 0036
IBAN account number: HU08 1201 0934 0101 4203 0010 0006
Data of the Hosting provider
Name: ShopRenter.hu Kft.
Headquarters: 4028 Debrecen, Kassai út 129.
Parties: Seller and Buyer jointly
Consumer: a natural person acting outside the scope of his profession, self-employment or business
Consumer contract: a contract in which one of the subjects qualifies as a consumer
Website: this website, which is used to conclude the contract
Contract: A contract of sale between the Seller and the Buyer using the Website and electronic mail
Means of communication in absentia: a means of making a contractual statement in the absence of the parties with a view to concluding a contract. Such means include, in particular, the addressee or unaddressed form, the standard letter, the advertisement published in the press product with the order form, the catalog, the telephone, the fax and the means of providing Internet access.
Absentee contract: a consumer contract concluded under a distance selling system organized for the provision of a contract product or service without the simultaneous physical presence of the parties, using only a means of communication between the parties for the purpose of concluding the contract.
Product: all movable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
Entrepreneurship: a person acting in the course of his or her profession, self-employment or business
Buyer / You: the person concluding the contract making a purchase offer through the Website
Warranty: In the case of contracts concluded between a consumer and a business (hereinafter: consumer contract) in accordance with the Civil Code,
- a guarantee given for the performance of the contract which the undertaking voluntarily undertakes in addition to or in the absence of a legal obligation to perform the contract properly; and
- a statutory guarantee
The Contract follows the directives of Hungarian law, and in particular the following legal acts shall apply:
1997 CLV. Act on Consumer Protection
CVIII of 2001 Act on Certain Issues in Electronic Commerce Services and Information Society Services
Act V of 2013 on the Civil Code
151/2003. (IX.22.) On the mandatory guarantee for durable consumer goods
45/2014. (II.26.) On the detailed rules of contracts between the consumer and the business
19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for things sold under a contract between a consumer and a business
1997 LXXVI. Copyright Act
2011 CXX. Act on the Right to Information Self-Determination and Freedom of Information
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on taking action against unjustified area-based content restrictions and other forms of discrimination based on the nationality, place of residence or establishment of the buyer in the internal market and Amending Regulations (EC) No 2004/394 and (EU) 2017/2394 and Directive 2009/22 / EC
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46 data protection regulation)
Scope and acceptance of the GTC
The content of the contract concluded between us - in addition to the provisions of the relevant binding legal regulations - is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations of you and us, the conditions of concluding the contract, the terms of performance, the conditions of delivery and payment, the rules of liability, and the conditions of exercising the right of withdrawal.
The technical information required for the use of the Website, which is not included in these GTC, is provided by other information available on the Website.
You must familiarize yourself with the provisions of these GTC before finalizing your order.
The language of the contract, the form of the contract
The language of the contracts covered by these GTC is English.
Contracts falling within the scope of these GTC do not qualify as written contracts, they are not filed by the Seller.
Our company according to the 2007 CXXVII. Section 175 of the Act. uses an electronic invoice. By accepting this GTC, you give your consent to the use of an electronic invoicing.
Prices are based on HUF and include the local 27% VAT. Buyer can also choose to purchase in EUR. It cannot be ruled out that the Seller may change the prices for business policy reasons. Price changes do not apply to contracts already concluded. If the Seller has indicated the price incorrectly and an order has been received for the product, but the parties have not yet concluded a contract, the Seller shall act on the basis of the “Procedure incorrect price” clause of the GTC.
Procedure in case of incorrect price
The following are considered to be obviously incorrectly indicated prices:
- 0 HUF price,
- the price reduced by the discount but incorrectly indicating the discount (eg in the case of a product with a HUF 1,000 price, the product offered for HUF 500 with the indication of the 20% discount).
In case of indicating an incorrect price, the Seller offers the possibility to purchase the product at a fair price, in the possession of which the Buyer may decide to order the product at a fair price or cancel the order without any adverse legal consequences.
Complaints handling and enforcement options
- Location of the customer service office: 1073 Budapest, Kertész u. 42-44.
- Customer service opening hours: Monday to Saturday: 14:00 to 21:00
- Phone: +36 1 798 0036
- Internet address: http://onlygoodbeer.com
- Email: firstname.lastname@example.org
Entry in the customer book: The buyer's book is available in the Seller's store (customer service). The Seller will respond in writing to the entries written here within 30 days.
The consumer may communicate to the business, orally or in writing, a complaint concerning the conduct, activity or omission of the business or of a person acting in the interest or for the benefit of the business in direct connection with the distribution or sale of the goods to consumers.
The company must investigate the oral complaint immediately and remedy it if necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the business shall immediately take minutes of the complaint and its position and provide a copy to the consumer on the spot in the event of an oral complaint. In the case of an oral complaint made by telephone or other electronic communications service, it shall be sent to the consumer at the latest at the same time as the substantive response, in accordance with the requirements for replying to a written complaint, within 30 days. In other respects, you are required to proceed with the written complaint as follows. Unless otherwise provided by a directly applicable act of the European Union, the undertaking shall respond to the written complaint in writing within thirty days of its receipt and shall take steps to communicate it. A shorter deadline may be established by law, a longer deadline by law. The undertaking must give reasons for its position rejecting the complaint. An oral complaint communicated by telephone or electronic communication service must be provided with a unique identification number.
The record of the complaint must include the following:
- the name and address of the consumer,
- the place, time and manner of submitting the complaint,
- a detailed description of the consumer's complaint, a list of documents and other evidence presented by the consumer,
- a statement by the business of its position on the consumer's complaint, if the complaint can be investigated immediately,
- the signature of the person who took the minutes and, with the exception of an oral complaint made by telephone or other electronic means, by the consumer,
- place and time of recording the minutes,
- in the case of an oral complaint communicated by telephone or other electronic communications service, the unique identification number of the complaint.
The company must keep a record of the complaint and a copy of the reply for five years and present it to the inspection authorities on request.
If the complaint is rejected, the business must inform the consumer in writing which authority or conciliation body may initiate the complaint with its complaint. The information shall also include the location, telephone and internet contact details and postal address of the competent authority or of the conciliation body of the consumer's domicile or residence. The information shall also include whether the business has recourse to a conciliation panel procedure to resolve a consumer dispute.
If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following enforcement options are open to the consumer:
Complaints to consumer protection authorities. If he finds a violation of the consumer's consumer rights, he has the right to lodge a complaint with the consumer protection authority of his place of residence. Following the assessment of the complaint, the authority shall decide on the conduct of the consumer protection proceedings. The first-level consumer protection official tasks are performed by the capital city and county government offices competent according to the consumer's place of residence, the list of which can be found here: http://www.kormanyhivatal.hu/
The customer is entitled to enforce his claim arising from a consumer dispute in court in the framework of civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. in accordance with the provisions of this Act.
Conciliation panel proceedings
We would like to inform you that you can file a consumer complaint against us. If your consumer complaint is rejected, you are also entitled to apply to the Conciliation Body competent for your place of residence or stay: the condition for initiating the Conciliation Body's proceedings is that the consumer directly seeks to resolve the dispute with the business concerned. At the request of the consumer, the conciliation body designated in the consumer's request shall be competent for the procedure, instead of the competent body.
The company has a duty to cooperate in the conciliation panel proceedings.
In this context, there is an obligation for undertakings to reply to the Conciliation Body's call and an obligation to appear before the Conciliation Body ("ensuring the participation of the person authorized to reach an agreement at the hearing").
If the registered office or premises of the business are not registered in the county of the chamber operating the territorially competent conciliation body, the business's obligation to cooperate extends to offering the possibility of concluding a written agreement in accordance with the consumer's needs.
In the event of a breach of the above obligation to cooperate, the consumer protection authority has the power to impose a mandatory fine in the event of a breach of the law as a result of a change in legislation, and it is not possible to waive a fine. In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-sized Enterprises Act has also been amended, so that the imposition of fines will not be waived in the case of small and medium-sized enterprises either.
The amount of the fine may range from HUF 15,000 to HUF 500,000 in the case of small and medium-sized enterprises, while from HUF 15,000 in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million, 5% of the company's annual net sales. but up to a maximum of HUF 500 million. By introducing a mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of undertakings in conciliation proceedings.
The Conciliation Body is responsible for resolving consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute, failing which it will decide on the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer's rights and obligations.
The conciliation body's proceedings are initiated at the consumer's request. The request shall be made in writing to the chairperson of the conciliation body: the written requirement may be complied with by letter, telegram, telegraph or fax, and by any other means which allows the recipient to keep the data addressed to him permanently for the purpose of the data. , and display the stored data in an unchanged form and content.
The application must include
- the name, place of residence or stay of the consumer,
- the name, registered office or registered office of the business involved in the consumer dispute,
- if the consumer designates the competent body instead of the competent conciliation body,
- a brief description of the consumer's position, the facts and evidence supporting it,
- a statement by the consumer that the consumer has made a direct attempt to resolve the dispute with the business concerned
- a statement by the consumer that no other conciliation body has initiated proceedings in the matter, no mediation proceedings have been initiated, no claim has been lodged or no application for a payment order has been lodged,
- the motion for a decision of the panel,
- the consumer's signature.
The application shall be accompanied by the document or a copy (extract) of which the consumer refers to as evidence, in particular the written statement of the business rejecting the complaint or, failing that, any other written evidence available to the consumer to attempt the required consultation.
If the consumer acts through a proxy, the proxy must be attached to the application.
More information about the Conciliation Bodies is available here: http://www.bekeltetes.hu
More information on the territorially competent Conciliation Bodies is available here:
Contact details of each territorially competent Conciliation Body:
Bács-Kiskun Megyei Békéltető Testület
Cím: 6000 Kecskemét, Árpád krt. 4.
Telefonszám: 06-76-501-500; 06-76-501-525, 06-76-501-523
E-mail: email@example.com; firstname.lastname@example.org
Békés Megyei Békéltető Testület
Cím: 5600 Békéscsaba, Penza ltp. 5.
Borsod-Abaúj-Zemplén Megyei Békéltető Testület
Cím: 3525 Miskolc, Szentpáli u. 1.
Budapesti Békéltető Testület
Cím: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Csongrád Megyei Békéltető Testület
Cím: 6721 Szeged, Párizsi krt. 8-12.
Fejér Megyei Békéltető Testület
Cím: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Győr-Moson-Sopron Megyei Békéltető Testület
Cím: 9021 Győr, Szent István út 10/a.
Hajdú-Bihar Megyei Békéltető Testület
Cím: 4025 Debrecen, Vörösmarty u. 13-15.
Heves Megyei Békéltető Testület
Cím: 3300 Eger, Faiskola út 15.
Jász-Nagykun-Szolnok Megyei Békéltető Testület
Cím: 5000 Szolnok, Verseghy park 8. III. emelet 305-306.
Telefonszám: 06-56-510-621, 06-20-373-2570
Komárom-Esztergom Megyei Békéltető Testület
Cím: 2800 Tatabánya, Fő tér 36.
Nógrád Megyei Békéltető Testület
Cím: 3100 Salgótarján, Alkotmány út 9/A.
Pest Megyei Békéltető Testület
Cím: 1119 Budapest, Etele út 59-61. II. emelet 240.
Levelezési cím: 1364 Budapest, Pf.: 81
Somogy Megyei Békéltető Testület
Cím: 7400 Kaposvár, Anna u.6.
Szabolcs-Szatmár-Bereg Megyei Békéltető Testület
Cím: 4400 Nyíregyháza, Széchenyi u. 2.
Tolna Megyei Békéltető Testület
Cím: 7100 Szekszárd, Arany J. u. 23-25. III. emelet
Vas Megyei Békéltető Testület
Cím: 9700 Szombathely, Honvéd tér 2.
Veszprém Megyei Békéltető Testület
Cím: 8200 Veszprém, Radnóti tér 1. földszint 116.
Zala Megyei Békéltető Testület
Cím: 8900 Zalaegerszeg, Petőfi u. 24.
Online dispute resolution platform
The European Commission has set up a website where consumers can register, allowing them to settle their online shopping disputes by completing an application, avoiding litigation. In this way, consumers can assert their rights without, for example, being prevented from doing so by distance.
If you want to make a complaint about a product or service you have 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 against whom you have lodged a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
Act LXXVI of 1999 on Copyright. Pursuant to Section 1 (1) of Act no. The Szjt. Pursuant to Section 16 (1), the unauthorized use of graphic and software solutions, computer program works on the website, or the use of any application with which the website or any part thereof may be modified is prohibited. Any material may be taken over from the website and its database, even with the written consent of the rights holder, only with reference to the website and an indication of the source. The copyright owner: Csakajósör Kft.
Partial invalidity, code of conduct
If any clause of the GTC is legally incomplete or invalid, the remaining clauses of the contract will remain in force and the provisions of the relevant legislation will apply instead of the invalid or incorrect part.
Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
Operation of digital data content, technical protection measures
The availability of servers providing data on the website is over 99.9% per year. The entire data content is backed up regularly, so in case of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with adequate encryption, using hardware support built into the processor to encrypt it.
Information on the essential characteristics of the products
On the website, we provide information on the essential features of the products that can be purchased in the descriptions of each product.
Correction of data entry errors - Responsibility for the accuracy of the data provided
During the order, you have the opportunity to change the data you have entered before finalizing the order (clicking the back button in the browser will open the previous page, so you can correct the entered data even if you have already moved to the next page). Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the product will be invoiced or shipped based on the information you provide. Please note that an incorrect e-mail address or the 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.
Use of the Website
Purchase is not subject to registration.
The customer has the opportunity to choose or order from the products of the store. The customer can click on the selected product to view its detailed description. If you intend to purchase, you place the product you want to buy in a virtual basket by clicking the "Add to Cart" button. By clicking on the "View" button in the Cart, you will find the products placed in the cart during the purchase, as well as the total amount of the invoice and the delivery cost. Here they can check the correctness of their order, especially the prices and quantities, which they can also modify or improve as required. The cart automatically calculates the total amount of the order.
Sending in the order
If you think the quantity of products in your cart is correct, you have checked the total amount and decided that you want to buy them, you can simply click on the "Checkout" button. You can buy in our store without registration, so you can choose from three options: whether you want to log in as an already registered customer, want to register as a new customer, or if you want to buy without registration. password. If you want to register as a new customer, enter your purchase information, which will be stored by the system, and you only need to log in the next time you make a purchase. For purchases without registration, enter your billing and shipping address. In the next step, choose the delivery method that suits you.
You will then need to choose a payment method that suits you. If you agree with the contents of the order, click the "Order" button to submit the order.
Finalizing the order (bidding)
If you are sure that the contents of the basket correspond to the products you want to order and that your details are correct, you can close your order by clicking on the "Order" 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 falling within the scope of these GTC, you are considered a bidder.
By clicking on the "Order" button, you expressly acknowledge that your offer is considered to have been made, and your statement - in case of confirmation by the Seller according to these GTC - entails an obligation to pay. 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 general terms and conditions, you are released from the obligation of the offer.
Order processing, conclusion of the contract
You have the opportunity to place your order at any time. The Seller will confirm your offer by e-mail no later than the working day following the submission of your offer. The contract is created when the confirmation email sent by the Seller becomes available to you in your mail system.
A Barion Smart Gateway egy teljesen hazai fejlesztésű, bankoktól független bankkártya és e-pénz elfogadására alkalmas fizetőkapu, amely verhetetlen árai mellett számos innovatív funkcióval rendelkezik. Használata még kényelmesebb a csupán egy perces regisztrációt követően. Mivel a bankkártya-számokat egy PCI DSS tanúsítvánnyal ellátott biztonságos rendszer tárolja, elég a regisztrált e-mail cím és jelszó megadása bármilyen eltárolt kártya használatához. A Barion webes felületén riportok, export lehetőség, valamint kiküldött havi számlalevél segítik az üzleti folyamatokat, illetve a hivatalos elszámolást. A tranzakciók valós időben zajlanak, és mobil applikációban is lehet látni a beérkező tételeket. A Barion felhasználók az ingyenes Barion applikáció segítségével egyre több boltban és vendéglátóhelyen mobillal is tudnak fizetni, anélkül, hogy készpénzt vagy bankkártyát kellene magukkal vinniük. A banki biztonságot az MNB felügyelete garantálja (MNB engedély: H-EN-I-1064/2013). A bankkártya visszaélések elleni védelmet rugalmasan és igazságosan kezeljük.
In case of personal receipt, you have the opportunity to pay the price of the product in cash upon receipt of the product.
You can pay quickly and securely with a credit card in our webshop.
The general delivery deadline for the order is a maximum of 10 business days from the confirmation of the order.
Reservation of rights, ownership clause
If you have previously ordered a product without receiving it during delivery (excluding the case when you exercised your right of withdrawal), or the Product was not returned to the seller with a sign, the Seller will fulfill the order in accordance with the purchase price and advance payment of transport costs.
Seller may withhold the delivery of the Product until it is satisfied that the price of the Product has been successfully paid using the electronic payment solution (including in the case where the Buyer pays the purchase price and conversion in the currency of its Member State, and due to bank commissions and costs, the Seller does not receive the full amount of the purchase price and delivery fee). If the price of the Product has not been paid in full, the Seller may invite the Buyer to supplement the purchase price.
Sales to abroad
Seller does not discriminate between buyers within the territory of Hungary and outside the territory of the European Union by using the Website. Unless otherwise provided in these GTC, the Seller shall ensure the delivery / receipt of the ordered products in the territory of Hungary.
The provisions of these GTC also apply to purchases outside Hungary, according to the provisions of the relevant regulation, a consumer who is a citizen of a Member State or resident in a Member State or an undertaking established in a Member State and purchases or uses goods or services in the European Union solely for end use. 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 Member State of the Buyer.
Seller shall not be obliged to comply with, or to inform Buyer of, non-contractual requirements, such as labeling or industry-specific requirements, relating to the Product in question under the national law of the Buyer's Member State.
Unless otherwise provided by the Seller, it applies Hungarian VAT to all Products.
According to these GTC, the Buyer may exercise its legal enforcement possibilities.
If an electronic payment solution is used, the payment will be made in the currency specified by the Seller,
Seller may withhold the delivery of the Product until it is satisfied that the price of the Product and the delivery fee have been successfully and fully paid using the electronic payment solution (including in the case where the Buyer transfers the purchase price (delivery fee) and due to the conversion and bank commissions and costs, the Seller does not receive the full amount of the purchase price). If the price of the Product has not been paid in full, the Seller may invite the Buyer to supplement the purchase price.
In order to hand over the Product, the Seller also provides the non-Hungarian customers with the handing-over options available to Hungarian customers.
If the Customer may request the delivery of the Product to the territory of Hungary or to the territory of any other European Union Member State according to the GTC, the non-Hungarian customer may also request this by any of the delivery methods indicated in the GTC.
If the Buyer can choose to receive the Product in person at the Seller according to the GTC, the non-Hungarian buyer can also use this.
Otherwise, the Buyer may request that the delivery of the Product abroad be arranged at his own expense. Hungarian customers are not entitled to this right.
After the payment of the delivery fee, the Seller fulfills the order, if the Buyer does not pay the delivery fee to the Seller or does not solve his own delivery by the agreed date, the Seller terminates the contract and refunds the prepaid purchase price to the Buyer.
Consumer information on 45/2014. (II. 26.) Government Decree
Information on the consumer's right of withdrawal for the buyer
As a consumer, the Civil Code. 8: 1. According to § 1, point 3, only a natural person acting outside the scope of his / her profession, independent occupation or business activity qualifies, so legal persons may not exercise the right of withdrawal without justification!
The consumer is protected by 45/2014. (II. 26.) has the right to withdraw without justification. The consumer has the right of withdrawal
(a) in the case of a contract for the sale of a product
aa) the product,
ab) in the case of the sale of several products, where each product is supplied at different times, to the last product supplied,
it may be exercised within a period of 14 days from the date of receipt by the consumer or a third party other than the carrier designated by him.
Nothing in this point shall affect the consumer's right to exercise the right of withdrawal provided for in this point between the date of conclusion of the contract and the date of receipt of the product.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before concluding the contract, which removes the obligation to make an offer covering the conclusion of the contract.
Statement of withdrawal, exercise of the consumer 's right of withdrawal or cancellation
The consumer is in 45/2014. (II. 26.) may be exercised by means of a clear statement to that effect or by using a sample statement that can also be downloaded from the website.
Validity of the consumer 's statement of withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer's declaration is sent within the time limit. The deadline is 14 days.
It is for the consumer to prove that he has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's statement of withdrawal on an electronic data carrier upon its receipt.
Obligations of the Seller in the event of withdrawal by the consumer
Seller's obligation to refund
If the consumer in 45/2014. (II. 26.) of the Government, the Seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, such as the delivery fee is. Please note that this provision does not apply to additional costs incurred by choosing a mode of transport other than the least expensive standard mode of transport.
Method of Seller's Obligation to Refund
A 45/2014. (II. 26.) in case of withdrawal or termination in accordance with Section 22 of the Government Decree, the Seller shall reimburse the amount returned to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result. The Seller shall not be liable for any delay due to a bank account number or postal address provided incorrectly and / or inaccurately by the Consumer.
If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are obliged to refund up to the indicated general shipping rates.
Right of retention
The Seller may withhold the amount returned to the consumer until the consumer has returned the product or has proved beyond a reasonable doubt that it has been returned; the earlier of the two dates shall be taken into account. We are not able to accept shipments sent by cash on delivery or postage.
In the event of withdrawal or termination of the consumer 's obligations
If the consumer in 45/2014. (II. 26.), it is obliged to return the product immediately, but no later than within fourteen days from the notification of the withdrawal, or to hand it over to the Seller or the person authorized by the Seller to receive the product. Return shall be deemed to have been completed within the time limit if the consumer sends the product before the time limit expires.
To bear the direct costs of returning the product
The consumer bears the direct cost of returning the product. The product must be returned to the Seller's address. If, after the commencement of performance, the consumer terminates the contract for the provision of services off-premises or in absentia, he shall pay the business a fee proportionate to the service provided up to the date of notification to the business. The amount to be paid proportionally by the consumer shall be determined on the basis of the total amount of consideration fixed in the contract, plus tax. If the consumer proves that the total amount thus determined is excessive, the proportional 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 accept a product returned by cash on delivery or postage.
Consumer responsibility for depreciation
The consumer is liable for depreciation resulting from use in excess of that required to determine 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 pursuant to Section 29 of Government Decree 45/2014 (II.26.). In the cases referred to in paragraph 1:
(a) in the case of a contract for the provision of a service, after performance of the service as a whole, where the business has commenced performance with the consumer's express prior consent and the consumer has acknowledged that he loses his right of termination after performance of the service;
(b) in respect of a product or service the price or charge of which cannot be influenced by the financial market undertaking, is subject to possible fluctuations within a specified period for the exercise of the right of withdrawal;
(c) in the case of a non-prefabricated product which has been manufactured on the consumer's instructions or at his express request, or in the case of a product which has been clearly tailored to the consumer;
(d) in the case of a perishable or short-lived product;
(e) in the case of a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
(f) in respect of a product which, by its nature, is inseparably mixed with another product after transfer;
(g) in the case of an alcoholic beverage the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed by the parties at the time of conclusion of the contract of sale but is not performed until the thirtieth day after conclusion;
(h) in the case of a business contract where the business visits the consumer at the express request of the consumer for urgent repair or maintenance work;
(i) for the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
(j) newspapers, journals and periodicals, other than subscription contracts;
(k) in the case of contracts awarded by public auction;
(l) in the case of a contract for the provision of accommodation, transport, car rental, catering or leisure services, other than a residential service, if a performance date or time limit specified in the contract has been set;
(m) in the case of digital content provided on intangible media, where the business has commenced performance with the consumer's express prior consent and the consumer has stated at the same time that he loses his right of withdrawal after the commencement of performance.
Supplies warranty, product warranty, warranty
This section of the consumer information was prepared pursuant to the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) Using Annex 3 of Government Decree 45/2014 (II.26.).
In what cases can you exercise your right to warranty for supplies?
In the event of faulty performance by the Seller, you may assert a warranty claim against the Seller in accordance with the rules of the Civil Code.
What rights do you have based on your supplies warranty claim?
You can choose to use the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice or it would incur a disproportionate additional cost to Seller in meeting your other demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the expense of the Seller, or repaired by someone else, or - ultimately - withdraw from the contract.
You may transfer from your chosen supply warranty to another, however, you will bear the cost of the transfer, unless it was justified or given by the Seller.
What is the deadline for you to enforce your warranty claim?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, please note that you may no longer exercise your warranty rights beyond the two-year limitation period from the performance of the contract.
If the subject of the contract between the consumer and the business is a second-hand thing, the parties may agree on a shorter limitation period; a limitation period of less than one year may not be validly established in this case either.
To whom can you assert your supply warranty claim?
You can assert your warranty claim against the Seller.
What are the other conditions for enforcing your warranty rights?
Within six months of performance, there are no conditions other than the notification of the defect to enforce your warranty claim if you certify that the product or service was provided by Seller. However, after six months from the date of performance, you must prove that the defect you identified already existed at the time of performance.
In the case of used products, the warranty and guarantee rights develop differently from the general rules. In the case of used products, we can also talk about defective performance, however, the circumstances on the basis of which the Buyer could expect certain defects to occur must be taken into account. Due to obsolescence, the occurrence of certain defects is becoming more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the Buyer may only enforce its warranty rights in respect of defects that are beyond the defects arising from the use and have arisen independently of them. If the used product is defective and the Customer, who qualifies as the Consumer, was informed about it at the time of purchase, the Service Provider is not liable for the known defect.
In what cases can you exercise your product warranty right?
In the event of a defect in a movable thing (product), you may - at your option - assert the warranty claim or the product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of a defective product.
In which case is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
What is the deadline for you to enforce your product warranty claim?
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You can only make a product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In which cases is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
- the product was not manufactured or marketed in the course of his business, or
- the defect was not recognizable in the light of scientific and technical knowledge at the time of placing on the market or
- the defect of the product results from the application of legislation or a mandatory official regulation.
- It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
Please note that due to the same error, you cannot claim a warranty for a product and a product warranty at the same time, in parallel. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or repaired part.
In what cases can you exercise your warranty right?
In case of defective performance, Decree 151/2003 on the mandatory warranty for certain durable consumer goods. (IX. 22.) of the Government, the Seller is obliged to provide a guarantee.
Legislation stipulates the provision of a warranty for durable consumer goods (eg technical items, tools, machines) and their parts, the purchase value of which exceeds HUF 10,000.
What rights do you have under the warranty and within what period?
151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) defines the cases of the mandatory guarantee. In the case of Products not covered by this case, the Seller does not provide a warranty. The warranty claim can be enforced during the warranty period. If the obligor fails to comply with his obligation to call upon the claimant within a reasonable time, the warranty claim may be enforced in court within three months of the expiry of the time limit set in the call, even if the warranty period has expired. Failure to meet this deadline will result in disqualification. The rules governing the exercise of warranty rights shall otherwise apply mutatis mutandis to the enforcement of warranty claims. The warranty period is one year. Failure to meet this deadline will result in disqualification. The warranty period begins with the delivery of the consumer product to the consumer or, if the commissioning is carried out by the business or its agent, begins on the day of commissioning. If you have any warranty claims for more than one year, please contact the manufacturer!
What does the warranty have to do with other warranty rights?
The warranty is valid in addition to the warranty rights (product and accessory warranty), a fundamental difference between the general warranty rights and the warranty is that the burden of proof is more favorable to the consumer in the case of a warranty.
Consumables with a fixed connection that are subject to the mandatory warranty according to Government Decree 151/2003 or that weigh more than 10 kg or cannot be transported as a manual package on public transport vehicles, with the exception of vehicles, must be repaired at the place of operation. If repairs cannot be carried out at the place of operation, dismantling and installation, as well as transport and return, will be provided by the company or, in the case of a direct repair request, by the repair service.
The seller's undertaking during the term of the compulsory guarantee may not contain conditions for the consumer which are more unfavorable than the rights guaranteed by the rules of the compulsory guarantee. After that (after 1 year), however, the conditions of the voluntary warranty can be freely determined, however, the warranty in this case cannot affect the existence of the consumer's rights arising from legislation, including the warranty of supplies.
Exchange request within three working days
In the case of sales through a web store, the institution of the exchange request within three working days also applies. Exchange requests within three working days were submitted in accordance with 151/2003. (IX. 22.) can be enforced in the case of durable consumer goods, according to which if someone validates the institution of the exchange request within 3 working days, the seller must interpret this as meaning that the product was already defective at the time of sale and all you must replace the product without further ado.
When is Seller released from its warranty obligation?
The Seller is released from its warranty obligation only if it proves that the cause of the defect arose after the performance.
Please note that due to the same defect, you cannot assert a warranty and guarantee claim, or a product warranty and guarantee claim at the same time, in parallel, otherwise you are entitled to the rights arising from the warranty regardless of the warranty rights.