Terms of service
The Webshop’s details
|
Company name and form |
VAVAVIN Limited Liability Company |
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Registered seat |
6724 Szeged, Pacsirta utca 1. |
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Mailing address |
6724 Szeged, Pacsirta utca 1. |
| Webshop phone number |
+36 30 518 2809 |
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Webshop email address |
hello@vavain.com |
|
Name of the registering court or authority |
Nemzeti Adó- és Vámhivatal Központi Irányítása |
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Tax number |
32682957-2-06 |
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Representative of the Webshop |
Vas Vanessza Vivien |
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Webshop online sales interface domain name |
vavavin.com |
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Bank account number |
10300002-13873569-00014900 |
What does this document contain
The content of the contract hereinafter the Contract concluded between the Customer and the Webshop is determined jointly by
the individual terms created during the purchase process between the Customer and the Webshop and
these General Terms and Conditions hereinafter GTC.
Accordingly the GTC includes the following
the key data and contact details of our company the Webshop
the rights and obligations of you as the Customer and of us as the Webshop
information on the use of our Website and on the ordering process for example registration order process whether the contract is in writing the language of the contract whether it is filed correction of data entry errors binding nature of the offer and confirmation
certain rules on delivery deadlines
liability rules
shipping and payment terms
information on the right of withdrawal and the conditions for exercising it
information on warranty for defects accessory warranty and product warranty
a detailed presentation of the legal remedies available to you.
Definitions
The definitions of the terms used in the GTC are collected in full for you in Annex I. For easier reading we also define certain terms in the main text where relevant.
Technical information mandatory notices
Technical information required for using the Website and certain other notices prescribed by law that are not included in the GTC can be found on the Website.
Applicable legislation
The laws of Hungary govern the Contract. We list the most important laws so that you can verify your rights from first hand and fully reliable sources
Act CLV of 1997 on Consumer Protection
Act LXXVI of 1999 on Copyright
Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
Government Decree 151 2003 of 22 September on compulsory warranty for durable consumer goods
Act CXX of 2011 on the Right of Informational Self Determination and Freedom of Information
Act V of 2013 on the Civil Code especially Book Six
Government Decree 45 2014 of 26 February on detailed rules of contracts between consumers and businesses
NGM Decree 19 2014 of 29 April on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
Regulation EU 2016 679 of the European Parliament and of the Council of 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 Directive 95 46 EC
Regulation EU 2018 302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo blocking and other forms of discrimination based on customers nationality place of residence or place of establishment within the internal market and amending Regulations EC No 2006 2004 and EU 2017 2394 and Directive 2009 22 EC.
Introduction
Welcome to the website operated by us hereinafter the Website.
Language of the Contract
The language of the Contract is Hungarian.
Basic information who makes the offer and who accepts it
The information published on the Website does not constitute an offer by the Webshop to conclude a contract. For orders falling within the scope of these GTC you are considered the offeror under the law and the Webshop accepts your offer and thus the contract between us is concluded.
Basic information is the contract between us in writing
An order placed through the Website qualifies as a legal statement made by implied conduct not in writing therefore the electronic contract concluded between you and the Webshop is not considered a written contract it is not filed by the Webshop and is not accessible or viewable afterwards.
Placing an order formation of the contract
Orders can be placed exclusively electronically. It is not possible to place orders by fax phone email or letter and the Webshop cannot fulfill orders submitted in such ways.
By implied conduct while using the Website for example by ticking a checkbox and or clicking the button that initiates the order you acknowledge and accept the provisions of these GTC and the individual terms applicable to the purchase of the specific Product s.
Code of conduct
The Webshop does not subject itself to any code of conduct.
Detailed purchase conditions
Registration
Registration is not a condition for purchasing on the Website.
If registration is available on the Website its rules are as follows
You can register by clicking the Create account button and providing an email address first name last name and password further details in the Privacy Notice.
After successful registration you can log in to your user account by entering your login details on the login interface and clicking the Log in button.
You are entitled to request deletion of your registration in the manner specified on the Website for example in your user account or by sending a message to our contact email address. Upon receipt of the message the Webshop is obliged to delete the registration without delay. Your user data will be removed from the system immediately after deletion. This does not affect the retention of data and documents related to orders already placed and does not result in their deletion. After removal the data cannot be restored.
You are solely responsible for keeping your user access data especially your password confidential. If you become aware that an unauthorized third party may have gained access to the password provided during registration you must change your password without delay and if it is assumed that the third party is abusing the password in any way you must simultaneously notify the Webshop.
You undertake to update the personal data provided during registration as necessary so that they are current complete and accurate.
Order process
Getting to know and selecting the product presentation of products
On the Website you can browse the Products which we present to you according to different criteria. By clicking on a product category name you will see the list of Products included. By clicking on the name or photo of the Products you can learn about the essential properties detailed characteristics and price of the Product.
By displaying illustrations photographs and product photos in the webshop we continuously strive to ensure the most lifelike appearance possible. Nevertheless colors in illustrations photographs and product photos may be perceived differently by the human eye than on information technology devices. Differences may depend on the resolution color rendering mode and lighting conditions of the device you use. The Webshop assumes no liability for such differences.
Cart functions
If you like any Product you can place the Product s into your virtual cart by clicking the Add to cart button which is a kind of antechamber to the order.
You can view the contents of the cart by clicking the Cart icon.
Before final submission of the order you can freely decrease or increase the quantity of the Product s placed in the cart or delete the Product s from the cart.
What steps must you take to initiate the order
To send your order you must provide your name billing and shipping details by completing the web form on the Website and choose your preferred shipping and payment method from the available options. If registration is available on the Website and you have already registered and logged in to your account for your convenience some data may already be prefilled by our system.
What is recommended before sending the order data check correction
Before finalizing your order a summary page allows you to check all your previously entered data and the Product s you wish to order and their quantities. If you notice data entry errors correct them in the provided fields. If you wish to change any cart content or your data before final submission you can still do so using the technical options provided by the Webshop for example the Back to cart or Back to shipping methods buttons.
Sending the order and incurring your payment obligation
If you have verified that your data is correct and the contents of the cart correspond to the Products you intend to order then after accepting these GTC by ticking the checkbox you can finally send your order to the Webshop by clicking the Send order button which creates a payment obligation for you.
Important information about product prices
The purchase price displayed on the Website for Products is shown gross including value added tax and other public charges in accordance with the VAT rate applicable to the Product and the provisions on the Webshop’s tax liability. The price indicated next to the Products does not include shipping costs. Product prices are indicated in Hungarian forints HUF. The total amount payable based on the order summary and the confirmation email includes every cost including the shipping fee.
Order confirmation process
We send one email after your order is received
After you send us your order on the Website you will receive an email from us that simultaneously includes
a the automatic confirmation informing you that your order has been received into the system and containing the data you provided order ID order date list and quantity of ordered Products Product price shipping cost and the total amount payable.
If you find that the confirmation contains your data incorrectly you must notify us of this fact by email without delay and provide your correct data. If our confirmation and contract forming email does not arrive in your email inbox within 24 hours please contact us as it is possible that your order did not arrive in our system for technical reasons.
b the contractual statement of the Webshop that is the acceptance of your offer order which confirms within no later than 48 hours from the time your order was submitted that the order can be fulfilled.
Formation of the Contract content of the Contract
When is the contract between you and the Webshop concluded
The acceptance email constitutes the acceptance by the Webshop of your offer and thereby the contract between you and the Webshop is concluded at the moment when our contractual statement email becomes accessible in your electronic mail system.
What type of contract is the Contract concluded between you and the Webshop
The contract concluded online between you and the Webshop for the sale of a Product qualifies as a sales contract concluded by electronic means. Under the sales contract the Webshop is obliged to transfer ownership of the goods and you are obliged to pay the purchase price and take delivery of the goods.
Binding effect of the offer
You are released from being bound by your offer if within 48 hours you do not receive from the Webshop the acceptance email for your sent order that is the acceptance for performance of your offer.
The order and its confirmation are deemed received by the Webshop or by you when it becomes accessible to the addressee.
If the confirmation does not arrive in time because you provided an incorrect email address during registration or because your mailbox storage is full and you cannot receive messages the Webshop excludes liability for failure of your order and for the failure of the contract to be concluded.
If you have already sent your order to the Webshop and you notice an error in the data contained in the confirmation email you must notify the Webshop within one day to avoid fulfilling orders with unwanted or incorrect data content.
Incorrect price
We exercise the utmost care when indicating product prices and descriptions. It may still occur that we display a price significantly different from the usual market price promotional or due to an IT device or software error we indicate an unrealistic price.
An obviously incorrect price may be any of the following three cases
the Webshop displays a price of 0 HUF for one or more Products
the Webshop displays a discounted price that is not reduced by the actual extent of the discount for one or more Products
without the intention of a real price reduction the Webshop posts an incorrect price that is lower than the already discounted market price level.
In such cases the Webshop is entitled to
not accept reject your offer created with content differing from the contractual will of the Webshop with an unrealistically low price
and
at its choice either make a call for offer to you at the price that corresponds to its real contractual will you are not obliged to place a new order at this new price
or
consider the offer process initiated at the wrong price to have ended without result and the contract is not concluded.
We consider during the assessment of commercial practice the conduct of a consumer who acts in an informed way and with the attention and care generally expected in the given situation.
The Webshop therefore presumes of the Customer that when ordering they act as expected of a conscious consumer that is are aware of the properties and characteristics and the market price level of the Product they intend to order and thus also if the price indicated by the Webshop is obviously too low.
Invoice
The Webshop issues an invoice for your purchase and sends the invoice by email and or places it in the package.
The Webshop issues an electronic invoice and by accepting the GTC you consent to this.
Payment methods
You can pay the purchase price of the selected Products using several payment solutions. The set of payment solutions available to you changes from time to time. We inform you about the currently available payment solutions in several places on the Website for example with icons and also when ordering the specific Product. Here we provide general information on payment solutions.
You can settle the total amount of the order using the following payment methods
Bank card payment if you can also choose card prepayment among the payment methods then you can pay securely with your bank card in the system of the financial service provider contracted with the Webshop.
Cash on delivery if you can choose the Cash on delivery payment method for the specific order the payment of the order value takes place upon receipt at the place of delivery either in cash or by bank card depending on the courier company. The Webshop accepts only Hungarian forints HUF.
Regarding accepted payment methods the Webshop does not apply different conditions for the payment transaction on grounds related to the Customers nationality place of residence or place of establishment the place where the payment account is held the place of establishment of the payment service provider or the place of issuance within the Union of the cash substitute payment instrument.
Detailed payment solutions are included in Annex I.
Shipping terms
General information
The Products selected by you can be ordered with several delivery methods and at prices that change from time to time and in some cases within promotions you will find these at continuously changing prices. We inform you about the currently available delivery methods and their prices when ordering the specific Product. Here in the GTC we provide general information on shipping terms. In Annex II and during the specific ordering process we provide further information on the detailed shipping conditions associated with the individual delivery methods.
Methods of receipt
Home delivery
For home delivery please provide a delivery address where you are available during the day.
If you are not at the provided delivery address at the specified time and delivery fails the courier will leave a notice at one of the contact details provided. Using the number on the notice you can provide or arrange a new delivery address and time with the courier service. The courier service will make one more attempt to deliver the ordered Products.
The courier therefore attempts delivery a total of two times however if the second delivery is also unsuccessful due to a reason attributable to you the Webshop will only attempt a third delivery if you have already paid the value of the order by bank transfer to the Webshop and the purchase price has been credited to the Webshops account.
The Webshop reserves the right to deliver the Products in one order at once and does not undertake partial delivery.
Personal pickup pickup point
If for receiving the ordered Products we also provide personal pickup or pickup at a parcel machine among the options provided during ordering then the Product purchased by you can be collected at the specified pickup point from the time indicated there. Before pickup please wait for the email or sms confirming that pickup is possible which is sent by the Webshop or its agent.
Information related to receiving the Product
Where possible upon receiving the Product s you are obliged to check whether the packaging is undamaged. If you notice damage to the packaging and or the Product s request that the courier draw up a report and or contact us without delay. Except for the warranty for defects detailed in point 7 we do not accept subsequent and or reportless complaints.
Delivery deadline
Following the conclusion of the contract the Webshop is obliged to make the Product available to deliver it to the Consumer without delay on average within 3 to 10 business days but no later than thirty 30 days.
The Webshop hands over your order to the courier service as soon as possible depending on the type of the ordered Product s. Actual delivery time may differ and also depends on the chosen method. The Webshop and or the courier company will notify you in advance by email and or sms of the delivery day.
In case of delay by the Webshop the Customer qualifying as a consumer see the definitions in Annex I is entitled to set an additional deadline. If the Webshop does not perform within the additional deadline the Consumer is entitled to withdraw from the contract.
The Consumer is entitled to withdraw from the contract without setting an additional deadline if
the Webshop has refused to perform the contract
or
according to the agreement of the Parties or due to the recognizable intended purpose of the service the service should have been performed at the specified time and not at another time.
Conditioning delivery on prepayment
If you previously failed to take delivery of the Product except when exercising the right of withdrawal or the Product was returned to the Webshop with the mark not sought the Webshop may make fulfillment of the order conditional on prepayment of the purchase price and shipping costs.
The Webshop is entitled to withhold delivery of the Product s until it is satisfied that you have successfully paid the price of the Product using the electronic payment solution including the case where for a bank transfer the customer transfers the price in the currency of the customer’s Member State and due to the conversion and bank charges the amount corresponding to the purchase price and the shipping fee does not arrive to the Webshop. The Webshop will call on the Customer to supplement the amount if the price of the Product has not been paid in full.
Sales abroad
If under the terms set out on the Website persons ordering from Hungary may request delivery of the Product to Hungary and or to the territory of any Member State of the European Union this option may be requested also by persons not ordering from Hungary. This means we do not apply disadvantageous territorial discrimination against individual customers.
If the Webshop also delivers orders abroad within the territory of the European Union EU as described above these GTC apply to foreign orders as well with the proviso that for the purposes of this point a Customer is
a Consumer who is a citizen of an EU Member State or has a place of residence in an EU Member State or
a business established in a Member State and purchases goods or uses services within the European Union solely for end use.
The content of the Website and our correspondence and other data communications with you are mainly in Hungarian and we are not obliged to correspond or speak with the Customer in the language chosen by the Customer.
Transfer of risk
If the Customer qualifies as a Consumer see the definitions in Annex I and the Webshop undertakes to deliver the Product s to the Consumer the risk of damage passes to the Customer when the Customer or a third party designated by the Customer other than the carrier takes possession of the Product s. The risk passes to the Customer upon delivery to the carrier if the carrier was commissioned by the Customer provided the carrier was not recommended by the Webshop.
Information on the right of withdrawal and rules for exercising the right of withdrawal
Right of withdrawal of the Consumer
Important the rights listed in this point are granted to Customers qualifying as consumers hereinafter Consumer see also the Definitions in Annex I. Accordingly companies institutions public bodies and other legal persons cannot exercise the right of withdrawal as set out below.
Under Section 20 of Government Decree 45 2014 of 26 February in the case of a contract for the sale of a Product the Consumer is entitled to withdraw from the contract without giving any reason within fourteen 14 days from the day on which the Product or in the case of several Products the last Product or in the case of a product consisting of several lots or pieces the last lot or piece or in the case of a Product to be supplied regularly over a specified period the first supply is received by the Consumer or by a third party other than the carrier and indicated by the Consumer.
The Consumer may exercise the right of withdrawal in the period between the day of concluding the contract and the day of receiving the Product.
Exclusion of the Consumers right of withdrawal
The Consumer is not entitled to the right of withdrawal in the following cases
after the full performance of a service contract if the business began performance with the Consumers express prior consent and the Consumer acknowledged that after full performance they lose the right of termination
for a product or service whose price or fee is subject to fluctuations possible even within the 14 day period referred to in Section 20 2 that cannot be controlled by the business
for a non prefabricated product that was produced based on the Consumers instructions or explicit request or for a product that was clearly personalized for the Consumer
for perishable goods or goods with a short shelf life for example fresh food hot meal
for a sealed product which for health or hygiene reasons is not suitable for return after opening following delivery. It is not expected from the Webshop to take back such products if the Consumer has already opened the packaging directly protecting the product and or has started using it as intended since in such cases it cannot be excluded that the product has come into contact with the human body or body fluids or bacteria and therefore the hygiene or health quality of the product can no longer be guaranteed. If the Consumer has not yet started using such products covered by the exception and has not opened the packaging directly protecting the product the right of withdrawal may be exercised under the general rules.
for a product which by its nature after delivery is inseparably mixed with another product
for an alcoholic beverage whose actual value depends on fluctuations in the market that cannot be controlled by the business and on which the parties agreed at the time of concluding the sales contract but the performance of which can only take place after the thirtieth day from the conclusion
for a contract where the business visits the consumer at the consumers express request for the purpose of carrying out urgent repair or maintenance work
for the sale of sealed audio or video recordings or copies of computer software where the consumer has opened the packaging after delivery
for newspapers periodicals and magazines with the exception of subscription contracts
for contracts concluded at public auctions
for a contract for accommodation other than for residential purposes transport of goods car rental catering or services related to leisure activities where the contract provides for a specific date or period of performance
for digital content not supplied on a tangible medium if the business has begun performance with the Consumers express prior consent and the Consumer acknowledged simultaneously that they lose the right of termination after performance begins.
If the Consumer nevertheless wishes to exercise the right of withdrawal they must send a clear statement of their intention to withdraw for example by letter sent by post or electronically to the Webshop at the contact details indicated in point 4 of these GTC. For this purpose the Consumer may use the withdrawal form attached to the order confirmation email or the model withdrawal form available at the end of these GTC in Annex IV.
Procedure rules for exercising the right of withdrawal
When is exercising the right of withdrawal deemed valid
In the case of withdrawal in writing it is deemed to have been exercised within the deadline if the Consumer sends their statement to the Webshop within 14 calendar days even on the 14th calendar day. If the Consumer sends the withdrawal statement by post the date of posting and if by email the time of sending the email will be taken into account by the Webshop for calculating the deadline. We recommend that the Consumer posts the letter as a registered item so that the posting date can be credibly proven having regard to the following burden of proof.
On which party lies the burden of proof
The Consumer bears the burden of proving that they exercised their right of withdrawal in accordance with the provisions set out in this point section 6.
What must the Webshop do after the Consumer has exercised the right of withdrawal
The Webshop is obliged to confirm by email within a reasonable time the receipt of the Consumers withdrawal statement especially if the Consumer submitted the withdrawal statement in a manner provided on the Website for example via a web form.
What must the Consumer do after sending the withdrawal statement
In the event of withdrawal the Consumer is obliged to return the ordered Product to the return address indicated by the Webshop on the Website without undue delay but no later than 14 days from communicating the withdrawal statement. The deadline is deemed met if the Consumer sends the Product before the 14 day period expires by posting it or handing it over to the courier ordered by the Consumer.
Who bears the cost of return
The cost of returning the Product to the address of the Webshop is borne by the Consumer unless the Webshop has undertaken to bear these costs. However the Webshop does not take over arranging or paying the cost of return from the Consumer. The Webshop will not accept packages returned cash on delivery or postage due. Apart from the cost of returning the Product the Consumer is not charged any other costs in connection with the withdrawal.
The Consumer may be liable for the diminished value of the Product in the event of withdrawal
The Consumer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature characteristics and functioning of the Product. The Webshop may therefore claim the reimbursement of the diminished value resulting from use beyond what is necessary to establish the nature characteristics and functioning of the Product as well as its reasonable costs.
By when must the Webshop refund the purchase price and which elements in the event of withdrawal by the Consumer
If the Consumer withdraws from the contract the Webshop shall refund without undue delay and no later than 14 days from receipt of the Consumers withdrawal statement all consideration paid by the Consumer price of Product.
When do we withhold the amount to be refunded
The Webshop is entitled to withhold the refund until it has received the Product back or the Consumer has provided credible proof that they have returned the Product whichever is the earlier.
How do we pay the amount due to the Consumer
During the refund the Webshop uses the same payment method as used in the original transaction unless the Consumer expressly consents to the use of a different payment method for example by providing the bank account number and the name of the beneficiary on the withdrawal statement. The Consumer will not incur any additional costs as a result of using such a refund method.
The fastest and safest method of returning money is bank transfer therefore we strongly recommend choosing bank transfer for withdrawal.
If you would like the refund to be transferred to your bank account as quickly as possible please do not forget to provide your bank account number in your withdrawal statement or in your electronic letter to us.
How do we inspect the returned package in the case of withdrawal or exchange
After the package has been received by our company the opening of the package and the inspection of the returned product are recorded by video camera. This is necessary to avoid possible misunderstandings later for example if the returned product was damaged used dirty or incomplete.
Information on accessory warranty product warranty and guarantee
Relationship between warranty and guarantee
Warranty and guarantee rights apply alongside each other. The basic difference between them is that in the case of a guarantee the rules on the burden of proof are established more favorably for the Consumer.
Defective performance
A Product is considered defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not possess the properties described by the manufacturer.
It is not considered defective performance if the entitled party knew or should have known about the defect at the time of concluding the contract.
In the case of a consumer contract until proven otherwise it is presumed that a defect recognized by the Consumer within six months of performance already existed at the time of performance except where this presumption is incompatible with the nature of the goods or with the nature of the defect.
Accessory warranty
In the event of defective performance by the Webshop you may assert an accessory warranty claim against the Webshop under the rules of the Civil Code. For the purchase of a new product bought under a consumer contract you can assert your warranty claims within a limitation period of 2 years from the date of receipt for product defects that existed at the time of delivery. Beyond the two year limitation period you can no longer enforce your accessory warranty rights.
For used products a limitation period shorter than 2 years may be agreed. For the Products it sells the Webshop provides a 1 year warranty in all cases which means you can assert your warranty claim within a limitation period of 1 year.
If it is not a consumer contract the entitled party may assert their warranty claims within a limitation period of 1 year from the date of receipt.
You can assert your accessory warranty claim directly against the Webshop.
Claims enforceable under accessory warranty
At your option you may request repair or replacement unless the chosen remedy is impossible or would result in disproportionate additional costs for the Webshop compared to another remedy. If you did not request or could not request repair or replacement you may ask for a proportionate reduction of the consideration or the defect may be repaired by you at the expense of the Webshop or you may have it repaired by another person or ultimately you may withdraw from the contract. There is no place for withdrawal for an insignificant defect.
The deadline for repair starts on receipt of the consumer good.
You are obliged to notify the Webshop of the defect without delay after discovering it but no later than within two months from discovering the defect.
You may switch from the chosen accessory warranty right to another but you are obliged to bear the costs of the switch unless it was justified or the Webshop gave a reason for it.
If you assert your warranty claim for a separable part of the Product in terms of the indicated defect the warranty claim is not considered enforced for the other parts of the Product.
Release of the Webshop from accessory warranty obligation
Within six months from performance asserting your accessory warranty claim has no other condition beyond reporting the defect if you prove that you purchased the Product from the Webshop by presenting the invoice or a copy of the invoice. In such a case the Webshop is only released from warranty if it rebuts this presumption that is proves that the defect of the Product arose after delivery to you.
If the Webshop can prove that the cause of the defect arose for a reason attributable to you it is not obliged to satisfy your warranty claim. After six months from performance however it is the customer who must prove that the defect you recognized already existed at the time of performance.
Product warranty
In the event of a defect in the Product movable thing the Customer qualifying as a consumer may at their choice withdraw see point 6 or enforce a product warranty claim.
You are not entitled to enforce accessory warranty and product warranty claims at the same time in parallel for the same defect. If a product warranty claim is successfully enforced you may assert an accessory warranty claim against the manufacturer for the replaced product or repaired part.
Claims enforceable under product warranty
Under a product warranty claim you may request only the repair or replacement of the defective product. In the case of a product warranty claim you must prove the defect of the product.
You may enforce your product warranty claim within two years from the product being placed on the market by the manufacturer. After this period you lose this right. After discovering the defect you must notify the manufacturer without delay. A defect notified within two months of discovery is deemed to have been notified without delay. The consumer is liable for any damage caused by delay in notification.
Release of the manufacturer from product warranty obligation
The manufacturer or distributor is released from the product warranty obligation only if they can prove that
they did not manufacture or distribute the product in the course of their business or
the defect could not be recognized given the state of scientific and technical knowledge at the time of placing on the market or
the defect of the product results from the application of a law or a mandatory authority regulation.
For release it is sufficient for the manufacturer or distributor to prove one of the above reasons.
How can you enforce your rights
Legal remedies
Complaint handling
When can you make a complaint
You can make a complaint to the Webshop about the conduct activity or omission of the Webshop and of any person acting in the interest or on behalf of the Webshop which is directly related to the distribution or sale of the Product s to you.
How can you make your complaint
You can make your complaint orally or in writing.
Where can you complain
You may submit your consumer objections related to the Product or to the Webshops sales activity primarily through the contact details set out in point 4.
Oral complaint
Rules for handling oral complaints
The Webshop is obliged to examine an oral complaint communicated by phone immediately and if possible to remedy it as necessary. If you do not agree with the handling of the complaint or the immediate investigation of the complaint is not possible the Webshop shall record the complaint in a report.
Rules for the report
In the case of an oral complaint communicated by telephone or other electronic communication service the Webshop shall send you a copy of the report at the latest together with the substantive reply within 30 days.
The Webshop must keep a copy of the report taken about the complaint for three years from recording and present it to the supervisory authorities.
A complaint recorded by telephone or other communication device is given a unique identifier by the Webshop which simplifies the retrieval of the complaint later.
Otherwise in processing an oral complaint the Webshop proceeds according to the rules applicable to written complaints.
Written complaint
The Webshop shall substantively respond to a written complaint received by it within 30 days and arrange for its communication.
In case of rejection of the complaint the Webshop shall inform you of the reason for rejection. In case of rejection the Webshop is obliged to inform you in writing which authority or conciliation board you can turn to according to the nature of the complaint. The information must also include the seat phone and internet contact details and postal address of the competent authority or of the conciliation board competent according to your place of residence or stay. The information must also cover whether the Webshop uses the procedure of the conciliation board for the settlement of the consumer dispute.
Other legal remedies
If a potential consumer dispute between the Webshop and the Customer is not settled during negotiations with the Webshop the Customer qualifying as a consumer may turn to the conciliation board competent according to their place of residence or stay and initiate its procedure or turn to the conciliation board competent according to the Webshops registered seat and the following legal remedies are available to the Customer
Conciliation board procedure
Complaint to the consumer protection authority
Dispute resolution procedure through the EU online dispute resolution platform
Initiation of court proceedings
Details
Complaint to the consumer protection authority
If you perceive a violation of your consumer rights you may lodge a complaint with the consumer protection authority competent according to your place of residence. After evaluating the complaint the authority decides on conducting a consumer protection procedure. At the request of the authority or ex officio the authority proceeds thereby examining the market conduct of the Webshop from a consumer protection perspective. However your individual case is resolved by the conciliation board that is the consumer protection authority transfers the applicants case to the conciliation board in such a case.
Dispute resolution through the European Union online dispute resolution platform
https webgate.ec.europa.eu odr main index.cfm event main.home.show and lng HU
In the case of a consumer dispute related to an online sales contract consumers can settle their cross border disputes related to online shopping electronically by submitting an electronic complaint through the online platform available at the link above.
To do this the consumer only needs to register on the online platform available at the link above complete an application in full and then submit it electronically to the conciliation board through the platform. In this way consumers can enforce their rights easily despite the distances.
The Government Offices have been designated as the general consumer protection authority. Contact details of government offices https www.kormanyhivatal.hu hu elerhetosegek
Initiation of conciliation board procedure
Conciliation boards contact details
http www.bekeltetes.hu index.php id testuletek
If the Webshop rejects the Consumers complaint the Consumer is entitled to turn to the conciliation board competent according to their place of residence or stay. The condition for initiating the procedure of the conciliation board is that the Consumer attempt to resolve the disputed matter directly with the Webshop.
For the purposes of the rules on the conciliation board the following also qualify as Consumers besides the definition above a civil organization under a special law a church a condominium a housing cooperative and micro small and medium sized enterprises who buy order receive use goods or use services or are the target of commercial communication or an offer related to goods.
The competence of the conciliation board covers out of court settlement of consumer disputes. The task of the conciliation board is to attempt to establish an agreement between the Webshop and the Consumer for the purpose of settling the consumer dispute. In the absence of success it makes a decision to ensure simple quick effective and cost saving enforcement of consumer rights. At the request of the consumer or the Webshop the conciliation board also advises on the rights of the consumer and the obligations of the Consumer.
The procedure of the conciliation board is initiated at the request of the Consumer. The application must be submitted in writing to the chair of the conciliation board. The requirement of written form can also be met by letter telegram telex or telefax as well as by any other device that allows the addressee to store data addressed to them for a period corresponding to the purpose of the data and to display stored data in unaltered form and content.
The application must contain
the name and place of residence or stay of the consumer
the name and registered seat or relevant premises of the business concerned by the consumer dispute
if the consumer has requested competence at a board other than the competent conciliation board the designation of the requested board
a short description of the consumers position the facts supporting it and their evidence
the consumers statement that they attempted to resolve the disputed matter directly with the business concerned
the consumers statement that no other conciliation board procedure has been initiated in the case no mediation procedure has been initiated and no statement of claim or application for a payment order has been submitted
the petition seeking a decision by the board
the consumers signature.
The application must be accompanied by the document or a copy extract thereof on which the Consumer relies as evidence of their position in particular the written statement of the Webshop rejecting the complaint or in its absence any other written evidence available to the Consumer of the attempted prior consultation as required. If the Consumer acts through an authorized representative the authorization must be attached to the application.
During the conciliation board procedure the Webshop has a duty to cooperate. In case of breach the consumer protection authority has competence. A mandatory fine is applicable against the unlawful conduct of the Webshop and cannot be waived even for small and medium sized enterprises.
Within the procedure you must send your reply to the conciliation board and ensure the participation of a person authorized to reach a settlement at the hearing. If the registered seat or premises of the Webshop is not registered in the county of the chamber operating the territorially competent conciliation board the cooperation obligation of the business extends to offering the possibility of concluding a written settlement according to the consumers demand.
The conciliation board attempts to establish a settlement between the consumer and the business and in its absence makes a decision in the case. It is important that the customer can turn to the board only in connection with the performance of their contract that is with their individual legal dispute. For other matters that fall within the competence of the consumer protection authority for example deception price indication etc the conciliation board transfers the case to the consumer protection authority.
Contact details of the territorially competent Conciliation Boards
If any contact detail has changed you can view the latest contact details at the following link http www.bekeltetes.huindex.php id testuletek
Baranya County Conciliation Board
Address 7625 Pécs Majorossy I u 36
Phone 06 72 507 154
Fax 06 72 507 152
Email info@baranyabekeltetes.hu
Bács Kiskun County Conciliation Board
Address 6000 Kecskemét Árpád krt 4
Phone 06 76 501 500 06 76 501 525 06 76 501 523
Fax 06 76 501 538
Email bekeltetes@bacsbekeltetes.hu
Website www.bacsbekeltetes.hu
Békés County Conciliation Board
Address 5600 Békéscsaba Penza ltp 5
Phone 06 66 324 976
Fax 06 66 324 976
Email bekeltetes@bmkik.hu
Borsod Abaúj Zemplén County Conciliation Board
Address 3525 Miskolc Szentpáli u 1
Phone 06 46 501 091 06 46 501 870
Fax 06 46 501 099
Email bekeltetes@bokik.hu
Budapest Conciliation Board
Address 1016 Budapest Krisztina krt 99 III floor 310
Phone 06 1 488 2131
Fax 06 1 488 2186
Email bekelteto.testulet@bkik.hu
Csongrád County Conciliation Board
Address 6721 Szeged Párizsi krt 8 12
Phone 06 62 554 250 118
Fax 06 62 426 149
Email bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board
Address 8000 Székesfehérvár Hosszúsétatér 4 6
Phone 06 22 510 310
Fax 06 22 510 312
Email fmkik@fmkik.hu
Győr Moson Sopron County Conciliation Board
Address 9021 Győr Szent István út 10 a
Phone 06 96 520 217
Fax 06 96 520 218
Email bekeltetotestulet@gymskik.hu
Hajdú Bihar County Conciliation Board
Address 4025 Debrecen Vörösmarty u 13 15
Phone 06 52 500 710
Fax 06 52 500 720
Email bekelteto@hbkik.hu
Heves County Conciliation Board
Address 3300 Eger Faiskola út 15
Phone 06 36 429 612
Fax 06 36 323 615
Email hkik@hkik.hu
Jász Nagykun Szolnok County Conciliation Board
Address 5000 Szolnok Verseghy park 8 III floor 305 306
Phone 06 56 510 621 06 20 373 2570
Fax 06 56 510 628
Email bekeltetotestulet@jnszmkik.hu
Komárom Esztergom County Conciliation Board
Address 2800 Tatabánya Fő tér 36
Phone 06 34 513 027
Fax 06 34 316 259
Email bekeltetes@kemkik.hu
Nógrád County Conciliation Board
Address 3100 Salgótarján Alkotmány út 9 A
Phone 06 32 520 860
Fax 06 32 520 862
Email nkik@nkik.hu
Pest County Conciliation Board
Address 1119 Budapest Etele út 59 61 II floor 240
Mailing address 1364 Budapest Pf 81
Phone 06 1 269 0703
Fax 06 1 474 7921
Email pmbekelteto@pmkik.hu
Somogy County Conciliation Board
Address 7400 Kaposvár Anna u 6
Phone 06 82 501 026
Fax 06 82 501 046
Email skik@skik.hu
Szabolcs Szatmár Bereg County Conciliation Board
Address 4400 Nyíregyháza Széchenyi u 2
Phone 06 42 311 544
Fax 06 42 311 750
Email bekelteto@szabkam.hu
Tolna County Conciliation Board
Address 7100 Szekszárd Arany J u 23 25 III floor
Phone 06 74 411 661
Fax 06 74 411 456
Email kamara@tmkik.hu
Vas County Conciliation Board
Address 9700 Szombathely Honvéd tér 2
Phone 06 94 312 356
Fax 06 94 316 936
Email vmkik@vmkik.hu
Veszprém County Conciliation Board
Address 8200 Veszprém Radnóti tér 1 ground floor 116
Phone 06 88 429 008
Fax 06 88 412 150
Email bekelteto@veszpremikamara.hu
Zala County Conciliation Board
Address 8900 Zalaegerszeg Petőfi u 24
Phone 06 92 550 513
Fax 06 92 550 525
Email zmbekelteto@zmkik.hu
During the conciliation board procedure the Webshop has a duty to cooperate.
Initiation of court proceedings
If the Customer does not turn to a conciliation board or the procedure does not lead to a result they may bring an action 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. Proceedings are initiated by a statement of claim. The statement of claim must be accompanied by every document or a copy thereof on which the Customer relies as evidence.
The statement of claim must include
the court seized
the names places of residence and procedural status of the parties and their representatives
the right to be enforced with the presentation of the facts forming its basis and the evidence thereof
the data from which the jurisdiction and competence of the court may be established
a definite request for a decision by the court.
Other provisions
Liability
The Customer uses the Website and the webshop interface solely at their own risk and accepts that the Webshop is not liable for damages arising during use beyond liability for breach of contract caused intentionally or by a criminal offense and for damage to life physical integrity or health.
The Customer must ensure that in using the Website they do not infringe the rights of third parties or the law either directly or indirectly.
Any content that may be made available by the Customer during the use of the Website for example a comment may be monitored by the Webshop but it is not obliged to do so and the Webshop is entitled but not obliged to look for signs indicating illegal activity with regard to the published content and does not assume liability for them.
The Webshop pages may contain links that lead to the pages of other webshops. The Webshop assumes no responsibility for the data protection practices and other activities of these service providers.
If the Customer notices objectionable content on the Website please notify the Webshop without delay. If in its good faith procedure the Webshop finds the notification well founded it is entitled to delete or modify the information without delay.
Copyright and consequences of infringement
The entire Website its graphic elements text articles written in blog posts technical solutions and elements of the service are protected by copyright or other intellectual property rights. The Webshop is the copyright holder or authorized user of all content displayed in the provision of services through the Website including any copyrighted works and other intellectual creations including but not limited to all graphics photos and other materials the layout of the Websites interface the software and other solutions ideas implementation used.
Saving or printing the content of the Website or parts thereof to a physical or other data carrier is permitted solely for private use or with the prior written consent of the Webshop.
In case of use of content without the above license the Webshop is entitled to claim a contractual penalty and or damages for infringement. The amount of the contractual penalty is HUF 1000 per word and HUF 5000 per image. For documenting copyright infringements the Webshop uses the assistance of a notary public. The notary public is entitled to certify infringements committed on the internet thus copyright infringements recorded in the presence of the notary public can be evidenced with public faith.
Beyond the rights expressly set out in these GTC the use of the Website and no provision of the GTC grants the Customer any right to use or exploit any trade name or trademark displayed on the Website.
The Webshop reserves all rights in all elements of its service especially its domain name the related subdomains all other domain names reserved by the Webshop their subpages and its internet advertising surfaces. Any activity aimed at listing systematizing archiving hacking or reverse engineering the source codes of the Webshops database is prohibited unless the Webshop has given special written permission for this.
Without a separate agreement or without using the service provided for this purpose it is prohibited to modify copy insert new data into or overwrite existing data in the Webshops database by circumventing the interface and search engines provided by the Webshop.
Data and information provided by users
The user of the Website is fully responsible for the information they send to the Webshop through the use of the site in terms of content truth and any related copyrights as well. The user of the Website consents to the storage of the data and information provided by them to statistical analyses and to other business purposes that do not violate the protection of personal data in any form and with any current or future device including all Content audio and video content that you send even through third parties.
Conditions of waiver
Any waiver of any right is valid only with an explicit written statement to that effect. If the Webshop does not exercise any right it is entitled to under these GTC this shall not be construed as a waiver of that right.
Unilateral amendment of the GTC exclusions
How can we modify the GTC
The Webshop is entitled to unilaterally amend these General Terms and Conditions with prior information provided to the Customer on the Website. The amended provisions become effective for the Customer upon the first use of the Website after the amendment enters into force and apply only to orders placed after the amendment. The amendment of the GTC does not have retroactive effect.
Entire agreement exclusions
These GTC and the information and other notices available on the Website constitute the entire content of the contract between the Webshop and the Customer.
The contract concluded under these GTC does not include any practice or usage developed in the previous business relationship between the Webshop and the Customer. Furthermore the contract concluded under these GTC does not incorporate usages widely known and regularly applied by the parties of similar contracts in the given industry.
Annex
Definitions
Parties Webshop and Customer together.
Consumer a natural person acting outside the scope of their profession independent occupation or business activity who buys orders receives uses goods or uses services or is the addressee of commercial communication or an offer related to goods.
Important for procedures before conciliation boards persons outside the above definition of Consumer may also initiate procedures since in this narrow field the definition of consumer is expanded to include civil organizations under a special law church legal persons condominiums housing cooperatives and micro small and medium sized enterprises acting for purposes outside their independent occupation and economic activity who buy order receive use goods or use services or are the addressee of commercial communication or an offer related to goods.
Consumer contract a contract where one party qualifies as a Consumer.
Website the electronic interface operated by the Webshop where the Contract is concluded.
Guarantee in contracts concluded between the Consumer and the Webshop under the Civil Code
a guarantee undertaken for proper performance which the business undertakes for proper performance beyond its statutory obligation or in the absence of such obligation voluntarily and
the compulsory guarantee based on law.
Contract the sales contract concluded between the Webshop and the Customer using the Website.
Distance contract a consumer contract concluded under an organized distance sales system for the provision of the product or service where the parties conclude the contract without simultaneous physical presence using exclusively a means of distance communication for the conclusion of the contract.
Product s the movable goods offered for sale in the offer of the Website that can be taken into possession and are marketable which may be the subject of the Contract upon order by the Customer.
Customer the person who concludes a Contract by making a purchase offer through the Website who may be either a consumer or a non consumer organization legal person or other organization not qualifying as a legal person.
Webshop one of the contracting parties to these GTC the organization or sole trader specified in point 4.
Annex
Shipping terms
Important the conditions and options found here are for information only. At the time of your order the actual current shipping fee the list of options and the final terms applicable to your specific order are displayed during the order process and on the order summary interface before sending the order.
GLS Courier Service
GLS Courier Service delivers the Products ordered by you.
Annex
Payment solutions
Important the conditions and options found here are for information only. At the time of your order the actual current list of payment options and the final terms applicable to your specific order are provided in our information during the order process and on the order summary interface before sending the order.
Cash on delivery
If you wish to pay the price of the Product upon receipt you can do so by selecting the Cash on delivery option. We reserve the right not to display this payment method in every case for the specific order.
Stripe bank card payment
The Webshop uses the Stripe card payment service. Card payment takes place through Stripes secure electronic payment interface.
https stripe.com en hu privacy
Accepted bank cards Mastercard Visa American Express
The website does not access or store the bank card data used for payment however on the admin interface provided by Stripe the Webshop can learn the following data
The data subject is responsible for the correctness of the bank card data provided. The Webshop draws the attention of the data subject to enter the bank card data themselves in the system and to always check the feedback received to their email address. Proper execution of the payment transaction the handling of bank card data the encryption of the data and the security of the process are performed and ensured by Stripe.
Annex
Information on the right of withdrawal
Consumers right of withdrawal
Important the rights listed here are granted to Customers qualifying as consumers hereinafter Consumer see also the Definitions in Annex I. Accordingly companies institutions public bodies and other legal persons cannot exercise the right of withdrawal as set out below.
Under Section 20 of Government Decree 45 2014 of 26 February in the case of a contract for the sale of a Product the Consumer is entitled
in the case of a Product
in the case of the last Product if several Products are supplied
in the case of a product consisting of several lots or pieces in the case of the last lot or piece
if the Product is to be supplied regularly over a specified period in the case of the first supply
to withdraw from the contract without giving any reason within fourteen 14 days from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer receives the Product.
The Consumer may exercise the right of withdrawal in the period between the day of concluding the contract and the day of receiving the Product.
Exclusion of the Consumers right of withdrawal
The Consumer is not entitled to the right of withdrawal in the following cases
after the full performance of a service contract if the business began performance with the Consumers express prior consent and the Consumer acknowledged that after full performance they lose the right of termination
for a product or service whose price or fee is subject to fluctuations possible even within the period referred to in Section 20 2 that cannot be controlled by the business
for a non prefabricated product that was produced based on the Consumers instructions or explicit request or for a product that was clearly personalized for the Consumer
for perishable goods or goods with a short shelf life for example fresh food hot meal
for a sealed product which for health or hygiene reasons is not suitable for return after opening following delivery. It is not expected from the Webshop to take back such products if the Consumer has already opened the packaging directly protecting the product and or has started using it as intended since in such cases it cannot be excluded that the product has come into contact with the human body or body fluids or bacteria and therefore the hygiene or health quality of the product can no longer be guaranteed. If the Consumer has not yet started using such products covered by the exception and has not opened the packaging directly protecting the product the right of withdrawal may be exercised under the general rules.
for a product which by its nature after delivery is inseparably mixed with another product
for an alcoholic beverage whose actual value depends on fluctuations in the market that cannot be controlled by the business and on which the parties agreed at the time of concluding the sales contract but the performance of which can only take place after the thirtieth day from the conclusion
for a contract where the business visits the consumer at the consumers express request for the purpose of carrying out urgent repair or maintenance work
for the sale of sealed audio or video recordings or copies of computer software where the consumer has opened the packaging after delivery
for newspapers periodicals and magazines with the exception of subscription contracts
for contracts concluded at public auctions
for a contract for accommodation other than for residential purposes transport of goods car rental catering or services related to leisure activities where the contract provides for a specific date or period of performance
for digital content not supplied on a tangible medium if the business has begun performance with the Consumers express prior consent and the Consumer acknowledged simultaneously that they lose the right of termination after performance begins.
If the Consumer nevertheless wishes to exercise the right of withdrawal they must send a clear statement of their intention to withdraw for example by letter sent by post or electronically to the Webshop at the contact details indicated in point 4 of these GTC. For this purpose the Consumer may use the withdrawal form attached to the order confirmation email or the model withdrawal form available at the end of these GTC in Annex IV.
Procedure rules for exercising the right of withdrawal
When is exercising the right of withdrawal deemed valid
In the case of withdrawal in writing it is deemed to have been exercised within the deadline if the Consumer sends their statement to the Webshop within 14 calendar days even on the 14th calendar day. If the Consumer sends the withdrawal statement by post the date of posting and if by email the time of sending the email will be taken into account by the Webshop for calculating the deadline. We recommend that the Consumer posts the letter as a registered item so that the posting date can be credibly proven having regard to the following burden of proof.
On which party lies the burden of proof
The Consumer bears the burden of proving that they exercised their right of withdrawal in accordance with the provisions set out in this point section 6.
What must the Webshop do after the Consumer has exercised the right of withdrawal
The Webshop is obliged to confirm by email within a reasonable time the receipt of the Consumers withdrawal statement especially if the Consumer submitted the withdrawal statement in a manner provided on the Website for example via a web form.
What must the Consumer do after sending the withdrawal statement
In the event of withdrawal the Consumer is obliged to return the ordered Product to the return address indicated by the Webshop on the Website without undue delay but no later than 14 days from communicating the withdrawal statement. The deadline is deemed met if the Consumer sends the Product before the 14 day period expires by posting it or handing it over to the courier ordered by the Consumer.
Who bears the cost of return
The cost of returning the Product to the address of the Webshop is borne by the Consumer unless the Webshop has undertaken to bear these costs. However the Webshop does not take over arranging or paying the cost of return from the Consumer. The Webshop will not accept packages returned cash on delivery or postage due. Apart from the cost of returning the Product the Consumer is not charged any other costs in connection with the withdrawal.
The Consumer may be liable for the diminished value of the Product in the event of withdrawal
The Consumer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature characteristics and functioning of the Product. The Webshop may therefore claim the reimbursement of the diminished value resulting from use beyond what is necessary to establish the nature characteristics and functioning of the Product as well as its reasonable costs.
By when must the Webshop refund the purchase price and which elements in the event of withdrawal by the Consumer
If the Consumer withdraws from the contract the Webshop shall refund without undue delay and no later than 14 days from receipt of the Consumers withdrawal statement all consideration paid by the Consumer price of Product including the cost of delivery paid by the Consumer except for the additional costs arising because the Consumer chose a delivery method other than the least expensive usual mode of delivery offered by the Webshop.
When do we withhold the amount to be refunded
The Webshop is entitled to withhold the refund until it has received the Product back or the Consumer has provided credible proof that they have returned the Product whichever is the earlier.
How do we pay the amount due to the Consumer
During the refund the Webshop uses the same payment method as used in the original transaction unless the Consumer expressly consents to the use of a different payment method for example by providing the bank account number and the name of the beneficiary on the withdrawal statement. The Consumer will not incur any additional costs as a result of using such a refund method.
The fastest and safest method of returning money is bank transfer therefore we strongly recommend choosing bank transfer for withdrawal.
If you would like the refund to be transferred to your bank account as quickly as possible please do not forget to provide your bank account number in your withdrawal statement or in your electronic letter to us.
Coupon code discount code gift card purchase voucher is not refundable not exchangeable not reloadable cannot be redeemed for cash and cannot be used for bank balance transfer.
How do we inspect the returned package in the case of withdrawal or exchange
After the package has been received by our company the opening of the package and the inspection of the returned product are recorded by video camera. This is necessary to avoid possible misunderstandings later for example if the returned product was damaged used dirty or incomplete.