www.zagabo.com
www.zagabo.hu
Effective from 08/02/2018 |
Preamble
Welcome to our site! Thank you for shopping on our site!
Please read this document carefully before finalizing your order, as by finalizing your order you agree to the contents of these GTC!
If you have any questions regarding these GTC, the use of this website, the individual products, the purchase process, or if you would like to discuss your individual requirements, please contact our staff at the contact details provided!
Imprint: details of the Service Provider (Seller, Company)
Name : Uro-Medic Bt.
Headquarters : 1171 Budapest, Nemesbükk u. 1
Mailing address : 1171 Budapest, Nemesbükk u. 1
Registrar : Metropolitan Court of Registration
Company Registration Number: 01-06-785648
Tax ID : 21241051-2-42
Representative : Gabriella Szabó
Phone number : +36705100308
Email : info@zagabo.com
Website : http://www.zagabo.com
Bank Account Number: 10102718-15748815-00000005
IBAN: HU18-10102718-15748815-00000005
SWIFT code: BUDAHUHB
Hosting provider details
Name : Numex Informatika Kft.
Headquarters : 2310 Szigetszentmiklós Narcisz u 6 / d
Contact : +36209560227, sales@numex.hu
Concepts
Parties: Seller and Buyer
Consumer: a natural person acting outside the scope of his or her profession, self-employment or business
Consumer contract: a contract the subject of which is a consumer
Website: This website is used to conclude the contract
Contract: Purchase Agreement between Seller and Buyer through Website and Email
Means of communication between absentees: means capable of making a contractual statement in the absence of the parties to conclude a contract. Such devices include in particular the addressed or unaddressed form, the standard letter, the advertisement in the press with the order form, the catalog, the telephone, the fax and the internet access device.
Distance contract: a consumer contract concluded under a distance selling arrangement for the provision of a contract product or service without the parties being physically present and using only a means of communication between the parties in order to conclude the contract
Product: all marketable movable property offered for sale by the Site that is subject to the Agreement
Business: A person acting on behalf of a profession, owned enterprise or business activity
Buyer / You: a person who enters into a contract to make a purchase offer through the Website
Warranty: For contracts entered into between the consumer and the enterprise (hereinafter referred to as consumer contracts) in accordance with Point a) of Paragraph 1 of the Civil Code the guarantee for the fulfillment of the contract, which the company undertook according to the contract in addition to the legal obligation of or in the absence of such undertook voluntarily and a statutory warranty in accordance with Point b) of Paragraph
Relevant legislation
The Contract shall be governed by the provisions of Hungarian law, and in particular the following laws
apply:
Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on certain issues of electronic commerce services and information society services
Act V of 2013 on the Civil Code
Government Decree 151/2003. (IX.22.) on Compulsory Warranty on Consumer Durables
Government Decree 45/2014. (II.26.) on Detailed Rules governing contract concluded between consumers and businesses
National Ministry of Economy Decree 19/2014. (IV.29.) on the Rules of Procedure for Handling Warranty and Warranty Claims in Consumer Sales
Act LXXVI of 1997 on Copyright
Act CXX od 2011 on the right to self-determination and freedom of information
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
Regulation 2016/679 (April 27 2016) of the European Parliament and of the Council (EU) 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 (General Data Protection Regulation)
Scope and approval of the GTC
The content of the agreement between us, in addition to the provisions of the applicable binding legal acts, is governed by these General Terms and Conditions (hereinafter “GTC”) . Accordingly, these GTC contain your and our rights and obligations with respect to you and us, the terms and conditions of the contract, the performance dates, the delivery and payment terms, the liability rules, and the conditions for exercising the right of withdrawal .
The technical information required to use 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. By purchasing through our webshop, you accept the terms of this GTC and are fully part of the agreement between you and the Seller.
The language of the contract, the form of the contract
The language of contracts subject to these GTC shall be Hungarian.
Contracts covered by these GTCs shall not be considered as written contracts and shall be registered by the Seller.
Prices
Prices are in the currency of your choice and include 27% VAT . The prices are informative. It is not excluded that the Seller may change prices for business reasons. Price modifications do not apply to contracts already concluded. If the Seller has misrepresented the price, he shall proceed in accordance with the “Procedure with a Defective Price” of the GTC for contracts already concluded .
Complaint handling and redress
The consumer may submit consumer complaints about the product or the Seller’s activities at the following contact details:
Phone: +36705100308
Web address: http://www.zagabo.com
Email: info@zagabo.com
The consumer may communicate the complaint to the Company orally or in writing. The complaint may relate to the behavior, act or omission of the company or a person acting on behalf or for the benefit of the consumer goods business that are directly related to the distribution or selling of the goods.
Verbal complaints must be promptly investigated by the business and remedied as necessary . If the consumer is not satisfied with the handling of the complaint or the immediate complaint investigation is not possible, the business must record the complaint immediately and forward a copy to the consumer on site in. In the case of an oral complaint made by telephone or other electronic communications service, the minutes shall be sent to the consumer along with a substantive reply, in accordance with the rules governing the reply to a written complaint, no later than 30 days. Otherwise, written complaints shall be handled as follows. Unless otherwise provided in the directly applicable legal act of the European Union, the Company must reply in writing within thirty days of receipt of the written complaint and take action to communicate it in writing . A shorter deadline may be set by legislation and a longer deadline may be set by law. In case the Company rejects the complaint, it needs to give a reasoned explanation. A business must provide a unique identification number for verbal complaints made by telephone or electronic communications services .
The minutes of the complaint shall contain:
1. the consumer’s name and address,
2. the place, time and means of filing the complaint,
3. a detailed description of the consumer’s complaint, a list of the documents and other evidence which the consumer has presented,
4. a statement by the business regarding its position on the consumer’s complaint, where the complaint can be promptly investigated,
5. the signature of the person recording the report and, except for oral communication by telephone or other electronic communications service, of the consumer,
6. place and date of record,
7. in the case of a verbal complaint made by telephone or other electronic communications service , the unique identifier of the complaint.
The Company shall keep a record of the complaint and a copy of the reply for a period of five years and shall make it available to the control authorities on request.
In the event of a complaint being rejected, the business shall inform the consumer in writing about which authority or the arbitration body the consumer may turn to (depending on the nature of the complaint) to initiate proceedings. The information shall also include the location, telephone and internet contact details and the postal address of the competent authority or of the conciliation body where the consumer is domiciled or resident. The information shall also include whether the business uses an arbitration procedure to resolve a consumer dispute .
In the event that any consumer dispute between Seller and consumer is not resolved during the negotiations, the following remedies are open to the consumer:
Complaint to Consumer Protection Authorities. If the consumer discovers a breach of his consumer rights, he has the right to complain to the consumer protection authority in his place of residence. After considering the complaint, the authority will decide on the consumer protection procedure. The first-level consumer protection duties are performed by the district offices competent for the consumer’s place of residence, a list of which can be found at: http://jarasinfo.gov.hu/
Legal proceedings. Customer is entitled to a court action to enforce a consumer claim in a civil proceeding under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Please be advised that you may file a consumer complaint against us. If your consumer complaint is rejected, you also have the right to apply to the Arbitration Body competent in your place of residence or domicile: the initiation of the arbitration body procedure is subject to the consumer’s direct attempt to resolve the dispute with the business concerned . At the request of the consumer, the procedure shall be replaced by the conciliation body indicated in the consumer’s request instead of the competent body.
The Company shall be subject to the duty of cooperation in conciliation proceedings.
This includes the obligation for companies to send a response to the invitation of the conciliation body and the obligation to appear before the conciliation body (” ensuring the presence of the person authorized to enter into a hearing “).
Where the business or seat of the business is not established in the county in which the Chamber operating the territorially competent conciliation body is located, the business’ obligation to cooperate shall include offering the possibility of a written settlement in accordance with the consumer’s requirements.
In case of a breach of the duty to cooperate the consumer protection authority has jurisdiction, on the basis of which, as a result of legislative changes, mandatory fines are applicable for businesses with unlawful conduct. It is not possible to refrain from fines. In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-sized Enterprises Act has also been amended so that no fine can be avoided in the case of small and medium-sized enterprises.
For small and medium-sized enterprises, the fine may range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises subject to the Accounting Act with annual net sales exceeding HUF 100 million, the fine may be up to 5% of the annual net sales of the enterprise with a maximum fine of HUF 500 million. By imposing a mandatory fine, the legislator seeks to emphasize the obligation of cooperation with conciliation bodies and to ensure the active involvement of businesses in the conciliation proceedings.
The conciliation body is competent for the out-of-court settlement of consumer disputes. It is the task of the conciliation body to attempt to reach a settlement between the parties for the purpose of resolving consumer disputes, failing which it will decide on the matter in order to ensure the simple, expeditious, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall advise on the rights and obligations of the consumer.
Proceedings of the conciliation body shall be initiated at the request of the consumer. The request shall be made in writing to the chairman of the conciliation board: the requirement of written form may be fulfilled by letter, telegram, telegraph or telefax, or by any other means that enables the recipient to retain the data addressed to him for an appropriate period of time, and displaying stored data in unchanged form and content.
The application must include
a. the consumer’s name, place of residence or place of stay,
b. the name, registered office or place of business of the businesses involved in a consumer dispute,
c. body requested by the consumer in place of the competent conciliation body, if applicable
d. a brief description of the consumer’s position, the facts supporting it and the evidence therefor,
e. a statement by the consumer that the consumer has directly attempted to resolve the dispute with the business concerned
f. a statement by the consumer that no other conciliation body has taken action in the matter, no mediation has been initiated, no claim has been made or no request for payment has been made,
g. motion for a decision of the Board,
h. the signature of the consumer.
The application shall be accompanied by the document or a copy (extract) of the document the content of which the consumer refers to as evidence, in particular a written statement of the business rejecting the complaint or, failing that, any other written evidence available to the consumer to prove that conciliation had been attempted.
If the consumer acts through an agent, the application shall be accompanied by the power of attorney.
More information on the Conciliation Boards is available at http://www.bekeltetes.hu
More information on the regionally competent Arbitration Bodies can be found here:
https://bekeltetes.hu/index.php?id=testuletek
Contact details for each of the territorially competent Arbitration Bodies:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36th
Phone number: 06-72-507-154
Fax: 06-72-507-152
Email: abeck@pbkik.hu ; mbonyar@pbkik.hu
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4th
Phone: 06-76-501-500; 06-76-501-525, 06-76-501-523
Fax: 06-76-501-538
E-mail: bekeltetes@bacsbekeltetes.hu ; mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp . 5th floor
Phone number: 06-66-324-976
Fax: 06-66-324-976
Email: eva.toth@bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Body
Address: 3525 Miskolc, Szentpáli u. 1
Phone: 06-46-501-091; 06-46-501-870
Fax: 06-46-501-099
Email: kalna.zsuzsa@bokik.hu
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99. III. floor 310th
Phone number: 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 number: 06-62-554-250 / 118
Fax: 06-62-426-149
E-mail: bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Tel: 06-22-510-310
Fax: 06-22-510-312
Email: fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation Body
Address: 9021 Győr, Szent István út 10 / a.
Phone number: 06-96-520-217
Fax: 06-96-520-218
Email: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation Body
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52-500-710
Fax: 06-52-500-720
E-mail: korosi.vanda@hbkik.hu
Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Phone number: 06-36-429-612
Fax: 06-36-323-615
Email: hkik@hkik.hu
Jász-Nagykun-Szolnok County Conciliation Body
Address: 5000 Szolnok, Verseghy Park 8. III. floor 305-306.
Phone number: 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 number: 06-34-513-027
Fax: 06-34-316-259
E-mail: szilvi@kemkik.hu
Nógrád County Conciliation Board
Address: 3100 Alkotmány út 9 / A, Salgótarján.
Phone number: 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 number: 06-1-269-0703
Fax: 06-1-474-7921
Email: pmbekelteto@pmkik.hu
Somogy County Arbitration Board
Address: 7400 Kaposvár, Anna u.6.
Phone number: 06-82-501-026
Fax: 06-82-501-046
Email: skik@skik.hu
Szabolcs-Szatmár-Bereg County Conciliation Body
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42-311-544
Fax: 06-42-311-750
E-mail: bekelteto@abartkam.hu
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. floor
Phone number: 06-74-411-661
Fax: 06-74-411-456
Email: kamara@tmkik.hu
Iron County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94-312-356
Fax: 06-94-316-936
Email: vmkik@vmkik.hu
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1st floor 116.
Phone number: 06-88-429-008
Fax: 06-88-412-150
E-mail: bekelteto@veszpremikamara.hu
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi u. 24th
Phone number: 06-92-550-513
Fax: 06-92-550-525
Email: zmbekelteto@zmkik.hu
Online dispute resolution platform
The European Commission has set up a website on which consumers may register to resolve disputes related to online shopping by completing an application, thus avoiding the judicial process. In this way, consumers can enforce their rights without, for example, being prevented by distance.
If you wish to complain about a product or service purchased 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 complained 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=HU
Copyrights
In accordance with Paragraph (1) of Section 1 of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), a Website is considered as a copyright work, therefore all parts thereof are protected by copyright. In accordance with Paragraph (1) of Section 16 of the Copyright Act the unauthorized use of graphics and software solutions, computer programs, or any application that modifies the website or any part of it is prohibited. Retrieval of any material from the Website and its Database, even with the written permission of the rightholder, requires the reference to the Website and the source. Rightholder: Uro-Medic Bt.
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 effect and the provisions of the applicable legislation will apply instead of the invalid or defective part .
The Seller does not have a Code of Conduct under the Unlawful Commercial Practices Prohibition Against Consumers Act.
Operation of digital data content, technical protection measures
The availability of servers that provide data appearing on this website is over 99.9% per year.
All data is backed up periodically, so in the event of a problem, the original data can be restored . The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is encrypted with sufficient strength and encrypted with hardware support built into the processor.
Information on the essential characteristics of products
This website provides information on the essential features of the products you purchase for each product .
Correction of data entry errors – Responsibility for the information given
During the order process, you have the opportunity to change the information you have entered before the order is finalized (clicking on the back button in the browser will open the previous page so that 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 details you provide are accurately entered, as the products will be invoiced and shipped based on the information you provide. By placing your order, you acknowledge that Seller is entitled to indemnify you for any loss or expense incurred as a result of your incorrect data entry or inaccurate information. Seller disclaims any responsibility for performance based on inaccurate data entry.
Please note that incorrect e-mail address or storage space in your mailbox may result in a lack of confirmation delivery and may prevent the contract from being concluded.
Procedure in case of incorrect price
The Seller assumes no responsibility for the price displayed despite due diligence and / or due to an obvious fault in the IT system.
Obviously mispriced items: Item is discounted to HUF 0
discounted price is calculated incorrectly, misrepresenting the discount (e.g. HUF 500 for a HUF 1,000 product with a 20% discount).
In the event of an incorrect price being indicated, the Seller shall offer the option of purchasing the product at fair price, which information may be used by the Buyer to decide whether to order the product at fair price or to cancel the order without adverse consequences.
Use of the Website
The process of buying
Select the Product
By clicking on the product categories on this site, you can select the product line you want, including the individual products. By clicking on each product you will find the product photo, article number, description, price. You will have to pay the price shown on the website when making a purchase.
The products are marked with an illustrated photograph. Accessories and decorative elements shown in the photos are not part of the product, unless specifically noted in the product description.
Please note that we are not responsible for any misspellings or incorrect data!
Placing an item in the cart
After selecting the product click on the “Add to Cart” button to place the desired number of products in the cart without making you purchase- or payment obligations arise as placing an item in the cart does not constitute an offer.
We recommend that you add the product to your shopping cart even if you are unsure of what you want to buy, as this will give you a single click overview of products you have selected at a given moment which you can view and compare on a single screen. Before clicking on the “Place order” button the contents of the Cart can be freely modified until the order is finalized, the products of your choice can be removed from the cart, new items can be added to the cart or the desired product number can be changed.
If you add the selected product to the cart, a separate window will pop up with the text “” XY Product” has been added to your cart.”. If you do not wish to select multiple products, please click on the “View cart” button on the right of the message!
View Cart
When using this website, you can check the contents of the basket at any time by clicking the “View Cart” button at the top of the page. Here you can remove the selected products from the cart or change the number of items. After clicking the “Update cart” button, the system will display the information corresponding to the data you have changed, including the price of the items added to the cart.
Add the desired destination by clicking on the “Calculate shipping” button. For delivery, the system will indicate the delivery fee you are required to pay for your order.
If you do not wish to select additional products and add them to your cart, you can continue shopping by clicking on the “Checkout” button.
Enter customer information
Clicking on the ‘Checkout’ button will display the contents of the shopping cart and the total purchase price you will pay when purchasing the products of your choice.
In the “Billing details” text box you can enter your full name, address, email address, and phone number . If you request shipping to an address other than your billing address, please check “Shipping to another address?” box and enter the shipping address. In the “Order Notes” text box, you are free to enter any additional information.
Finalize your order
On the left side of the screen, you can see the contents of the Cart and the shipping fee. Once you have completed the text boxes above , you can complete the order process by clicking on the “Place Order” button and pay the order amount according to the payment method you selected . By clicking on the “Back” button in your browser, you can delete / correct previously entered data and return to the contents of your cart.
Order Completion (making an offer)
If you are satisfied that the contents of the basket correspond to the products you are ordering and that your information is correct, you can close your order by clicking on the “Place Order ” button. The information provided on this website does not constitute an offer for sale by the Seller. You are considered to be the tenderer for orders covered by these GTC .
You expressly acknowledge by clicking the “Place Order” button that your offer will be deemed to have been made and that your statement, if confirmed by Seller in accordance with these GTC, will entail payment. You will be bound by your offer for 48 hours . If your offer is not confirmed by the Seller within 48 hours of these Terms and Conditions , you will be released from your offer.
Order processing, contract conclusion
You have the opportunity to place an order at any time. The Seller will confirm your offer by email at the latest on the business day following the sending of your offer. The contract is made when the confirmation email sent by the Seller becomes available to you in your mail system.
Payment methods
Bank Transfer
You can also pay for the products by bank transfer.
Payment by credit card
In our webshop you can pay quickly and securely with a credit card.
Barion
The Barion Smart Gateway is a proprietary, bank-independent bank card and cash payment gateway that offers many innovative features at unbeatable prices.has a function. It becomes even more convenient to use following a one minute registration. Because your credit card numbers are stored by a PCI DSS certified secure system it is enough to provide an email address and password to enter any stored cards. The Barion web interface provides reports, export opportunities, and posts monthly invoice to help business processes and official clearing. The transactions are take place in real-time, and you can see incoming items in a mobile application. Barion users using the free Barion app pay in an ever growing number of stores and they can pay with a cell phone without the need to have cash or a credit card with them. Bank security is guaranteed by the MNB’s (Hungarian National Bank) supervision (MNB approval: H-ENI-1064/2013). We provide flexible and fair credit card fraud protection.
Borgun
The Borgun is represented in Hungary by B-Payment Service Provider Company. Borgun has partnered with all the the major card companies and provides POS and online credit card acceptance in Hungary and other countries.
Delivery methods, delivery fees
MPL Courier Service
Shipping fees are displayed in your cart.
Local pick-up
You can pick up your order at 1081 Budapest, Csokonai u. 10 in Ylka Design Studio by making an appointment.
You will not be charged any shipping fees.
Completion date
The general deadline for completing the order is 14 days from the order confirmation. Production will take 2 working days maximum. Shipping within Europe will take 5 business days maximum, shipping to destinations outside Europe will take 7 business days maximum. This delivery date is for information purposes only, and any departure will be notified by email.
Reservation of rights, ownership clause
If you have previously ordered a Product without having accepting it when it was delivered (not including your right of cancellation) or the Product has been returned to the Seller with a notice the the recipient failed to claim the package, the Seller will only complete the order if the purchase price and transport costs are settled in advance.
Seller may withhold delivery of the Product until it is satisfied that the price of the Product has been successfully paid for using the electronic payment solution (including where the purchase price and the conversion are paid by Buyer 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 shipping fee). If the price of the Product has not been paid in full, the Seller may call the Buyer to supplement the purchase price .
Sales abroad
Seller does not distinguish between the use of the Site in Hungary and outside markets in the European Union. Unless otherwise provided in these GTC, Seller shall ensure delivery / receipt of the ordered products within Hungary.
For purchases made outside Hungary, the provisions of this GTC shall also apply to the consumer , who is a national of or resident in a Member State or a business established in a Member State, within the meaning of this Regulation, and, within the European Union, purchases or uses goods or services solely for the purposes of end use. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the buyer’s Member State.
Seller shall not be required to comply with or advise Buyer of any non-contractual requirements, such as labeling or industry -specific requirements, applicable to the Product in question under the national law of the Member State of the Buyer.
Unless otherwise specified by Seller, Hungarian VAT will apply to all Products. According to these GTC, the Buyer may exercise his / her rights of enforcement.
When using e-payment solutions payment shall be realized in the currency determined by the Seller. Seller may withhold the product transfer until seller makes sure that the product and delivery charges have been paid successfully and completely using electronic payment solutions (including the case also when the buyer pays the purchase price (shipping fee) in the currency of the Member State of the buyer and the seller does not receive the full amount of the purchase price due to the conversion and bank charges). If the price of the Product has not been paid in full, the Seller may call the Buyer to supplement the purchase price.
The Seller also provides non-Hungarian customers with the opportunity to pick-up the Product like Hungarian customers.
If the Buyer may request delivery of the Product to the territory of Hungary or to any other Member State of the European Union in accordance with the GTC, the non-Hungarian customer may also request it by any means of transport indicated in the GTC .
If the Buyer has the right to choose to receive the Product personally from the Seller in accordance with the GTC, then the non-Hungarian buyer can use it.
Otherwise, the Buyer may request that the Product be shipped abroad at its own expense . Hungarian customers are not entitled to this right.
The Seller will fulfill the order after payment of the delivery fee, if the Buyer fails to pay the delivery fee to the Seller or fails to resolve the delivery in independently of Seller, the Seller will terminate the contract and refund the paid purchase price to the Buyer.
Consumer information in accordance with Government Decree 45/2014. (II. 26.)
Information on the consumer’s right of withdrawal
Point 3 of Paragraph 1 of Section 8:1.of the Civil Code states that only natural persons acting outside the scope of their profession, self-employment or business activity qualify as consumers, therefore, legal entities cannot exercise the right of withdrawal without justification!
In accordance with Section 20 of Government Decree 45/2014. (II. 26.) consumers are entitled to the right of withdrawal without justification. The consumer may exercise the right of withdrawal
(a) in the case of a contract for the sale of a product within 14 days of
(aa ) the receipt of the product,
(ab) or in the case of the sale of several products, where different products are supplied at different times, within 14 days of the date of receipt of the last product, by the consumer or a third party other than the carrier delegated by the consumer.
Nothing in this paragraph shall affect the consumer’s right to exercise the right of withdrawal specified in this paragraph between the date of conclusion of the contract and the date of receipt of the product.
If the consumer has made an offer for the conclusion of the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the binding obligation to conclude the contract.
Notice of withdrawal, exercise of the consumer’s right of withdrawal or cancellation
The consumer may exercise his right provided by Section 20 of Government Decree 45/2014 (February 26) by an unequivocal statement or via the statement template that can be downloaded from the website.
Validity of the consumer’s withdrawal statement
The right of withdrawal shall be deemed to be exercised within the time limit if the consumer submits the declaration within the time limit. The deadline is 14 days.
It shall be 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 notice of withdrawal immediately upon its receipt by electronic means, provided that it also guarantees the consumer the exercise of the right of withdrawal on its website.
Obligations of the Seller in the event of consumer’s withdrawal
Seller’s Refund Obligation
If the consumer pursuant to Section 22 of Government Decree 45/2014 (February 26) withdraws from the contract, the Seller shall, within fourteen days of becoming aware of the withdrawal will refund the total amount paid by the consumer for remuneration, including expenses incurred in the execution context, such as shipping charges. Please note that this provision does not apply to extra costs incurred by choosing a mode other than the least costly mode of transport.
Method of Seller’s Refund Obligation
For the event of a proper cancellation or termination in accordance with Section 22 of Government Decree 45/2014 (February 26) Seller shall reimburse the amount to Buyer via the same payment method used by the Buyer to pay the amount to Seller. Subject to the consumer’s express consent, the Seller may use another form of payment for the refund, but shall not charge the consumer any additional fee. The Seller shall not be liable for any delay due to the Customer’s incorrectly and / or inaccurately entered bank account or postal address.
Extra Costs
If the consumer expressly opts for a mode of transport other than the least expensive standard , the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are responsible for the refund up to the general shipping rates shown .
Right of retention
The Seller may withhold the refund until the consumer has returned the product or has unequivocally proved that it has been returned; the earlier of the two shall be taken into account. We are unable to accept C.O.D. or postpaid postal delivery.
Consumer’s obligations in the event of termination or cancellation
Returning the Product
If the consumer has withdrawn from the contract in accordance to Section 22 of Government Decree 45/2014 (February 26) consumer return the product to the Seller or to a person authorized by the Seller without delay but not later than within fourteen days from the date of notification of the withdrawal. Returns are deemed completed on time if the consumer dispatches the product before the time limit expires.
The cost of returning the product
The consumer shall bear the cost of returning the product. The product must be returned to the Seller’s address . If the consumer terminates the off-premises contract for the provision of a service after commencement of the performance, he shall be required to pay to the business a fee commensurate with the service rendered up to the time the notice is given. The amount payable by the consumer shall be determined based on the total amount of the contract, plus tax. Where the consumer proves that the total amount so determined is excessive, the proportionate amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are unable to accept C.O.D. or postpaid postal delivery.
Consumer’s responsibility for depreciation
The consumer shall be liable for any diminution in use resulting from use in excess of that necessary to determine the nature, characteristics and functioning of the product.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in cases listed in Paragraph (1) of Section 29 of Government Decree 45/2014 (February 26):
(a) a contract for the provision of a service, after the performance of the service as a whole, where the service provider began with the consumer’s express prior consent, and the consumer has acknowledged that he will lose his right of withdrawal;
(b) a product or service whose price or charge is beyond the control of the business, and is subject to the possibility of fluctuations even during the period provided for the exercise of the right of withdrawal;
(c) a non-prefabricated product which has been manufactured following consumer’s instructions or at the express request of the consumer, or which is clearly personalized to the consumer;
(d) perishable products or product with a short expiration period;
(e) sealed product which cannot be returned after opening for health or hygiene reasons;
(f) a product which, by its nature, is inextricably linked to another product after its transfer ;
(g) alcoholic beverages the actual value of which depends on market fluctuations beyond the control of the business, the price of which was agreed by the parties at the time of the conclusion of the contract of sale but which is not performed until 30 days after the date of conclusion;
(h) a business contract where the business, at the express request of the consumer, meets the consumer to carry out urgent repair or maintenance work;
(i) the sale or purchase of sealed audio or video recordings and computer software in cases where, after delivery, the consumer has opened the packaging;
(j) newspapers, magazines and periodicals other than subscription contracts;
(k) for contracts awarded at public auction;
(l) a contract for the provision of accommodation, transport, car rental, catering or leisure services, other than residential services , where the performance date or time limit specified in the contract is fixed;
(m) digital content supplied on a intangible medium, where the business has begun performance with the consumer’s express prior consent, and the consumer has at the same time made a declaration to the effect that he will lose his right of withdrawal.
Accessory Warranty, Product Warranty, Guarantee
This section of the Consumer Information is based on the authorization in Paragraph (3) of Section of Government Decree 45/2014 (February 26) applying Annex 3 to Government Decree 45/2014 (February 26).
Accessory Warranty
When can you use your accessory warranty right?
You may enforce an accessory warranty claim against the Seller in the event of the Seller’s defective performance under the terms of the Civil Code.
What rights do you have under your accessory warranty claim?
You have the following accessory warranty claims options:
You may request repair or replacement, unless fulfillment of the claim you have selected is impossible or would result in disproportionate additional costs for Seller to meet your other claim. If you did not or could not request a repair or replacement, you may request a pro-rata reduction of the service , or you may repair the defect at the Seller’s expense , or you may terminate the contract.
You may also revert to another accessory warranty right from the one you selected, but you shall bear the cost of the transition, unless it was justified or the Seller made the change necessary.
What is the deadline for your accessory warranty claim?
You are required to notify the Seller of the defect immediately, but no later than two months after the discovery of the defect. However, please note that you will no longer be able to enforce your accessory warranty coverage beyond the two-year limitation period for this contract.
If the subject-matter of the contract between the consumer and the business is second-hand, the parties may agree to a shorter limitation period; in this case, a limitation period of less than one year cannot be validly imposed.
Against whom can you enforce your accessory warranty claim?
You may enforce your accessory warranty claim against the Seller.
What are the other conditions to enforce your accessory warranty claims?
Within six months of the date of delivery, besides communicating the defect there is no other condition for enforcing your accessory warranty, if you can certify that the product or service was provided by Seller. However, after six months have passed from the date of performance, it is your responsibility to prove that the defect you discovered was present at the time of performance.
By default, warranty and warranty rights for used products are different from the general rules. Defective performance may occur in the case of used products, however, the circumstances under which the Customer may have expected certain defects must be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more frequent, which means that used products cannot be expected to have the same quality as a newly purchased product would. Based on this Buyer can only exercise the warranty rights for deficiencies arising from defects other than the ones that occur due to obsolescence. If the used product is defective and the Buyer who qualifies as is a Consumer, has been informed thereof at the time of purchase, the Service Provider shall not be liable for the known defect.
Product warranties
When can you exercise your product warranty rights?
In the event of a defect in a movable item (product), you may, depending on your choice, file an accessory warranty claim or a product warranty claim .
What are your rights under your product warranty claim?
A product warranty claim only allows you to request the repair or replacement of the defective product.
When is a Product defective?
A product is defective if it does not meet the quality requirements applicable at the time of placing it on the market or if it does not have the characteristics given by the manufacturer.
What is the deadline for enforcing your product warranty claim?
You can claim your product warranty within two years of the product being marketed by the manufacturer. Upon expiry of that period, you shall lose this entitlement.
Against whom and under what other conditions can you claim your product warranty claim?
You can claim your product warranty only against the manufacturer or distributor of the movable item. You must prove the defect of the product if you claim a product warranty.
In what cases is the manufacturer (distributor) exempt from product warranty?
The manufacturer (distributor) shall only be exempt from product warranty if he can prove that:
the product was not manufactured or placed on the market in the course of its business, or the defect was not recognized at the time of placing it on the market, or the defect in the product results from the application of a legal or regulatory requirement.
The manufacturer (distributor) must justify one reason for exemption.
Please note that you cannot enforce an Accessory Warranty and Product Warranty Claim simultaneously for the same defect. However, if your Product Warranty Claim is effectively enforced, you may enforce your Accessory Warranty Claim against the replaced Product or part with the manufacturer.
Guarantee
When can you claim your warranty?
In accordance with Government Decree 151/2003 (September 22) on the statutory guarantee for durable products in case of defective performance Seller is obliged to provide a guarantee
The law stipulates a guarantee for durable consumer goods (such as technical items, tools, machines) and their parts that have a purchase value in excess of HUF 10 000.
What are your rights and within what time limit are you entitled to a guarantee?
Government Decree 151/2003 (September 22) on the statutory guarantee for durable products stipulates the instances to which a statutory guarantee applies. The Seller does not provide a guarantee for Products not covered by this scope. The guarantee claim is valid during the guarantee period. If upon the entitled party’s claim the the guarantor does not comply with the obligation within the deadline, the guarantee shall be enforced in court within three months of the expiry of the deadline even if the guarantee period has expired. Failure to comply with this time limit will result in loss of rights. Otherwise, the rules governing the exercise of accessory warranty claims should apply mutatis mutandis to the enforcement of a guarantee claim. The guarantee period is one year. Failure to comply with this time limit will result in loss of rights. The guarantee period begins on the day of product delivery to the consumer or, in the case of commissioning by the company or its agent on the day of commissioning. For guarantee claims beyond one year, please contact the manufacturer.
What is the relationship between guarantee and other warranty rights?
The guarantee is in addition to the warranty rights (product and accessory warranty). A fundamental difference between the general warranty and the guarantee is that the burden of proof is more favorable to the consumer under the guarantee.
Under Government Decree 151/2003 consumer goods with fixed wiring, products with a weight exceeding 10 kg and products that cannot be transported on public transportation as a hand luggage, except vehicles, shall be repaired at the place of operation. Where repairs cannot be carried out at the place of operation, disassembly and assembly, as well as transportation to and from the repair workshop, shall be provided by the business, in the case of a request for repair directly by the repair service, by the repair service.
The seller’s undertaking for the duration of the statutory guarantee shall not include terms and conditions that are less favorable to the consumer than the rights guaranteed by the statutory guarantee. Thereafter (after 1 year), however, the terms of the voluntary guarantee are to be determined freely, however, in this case, the guarantee shall not affect the consumer’s statutory rights, including any accessory warranty claims.
Request for replacement within three business days
In the case of sales through the Webshop, the institution of a request for replacement within three business days will also apply. Requests for replacement within three business days are subject to Government Decree 151/2003. (IX. 22.) on consumer durables, according to which if within 3 working days a person validates the exchange demand, the seller must interpret that the product was defective at the time of sale and you must replace the product without further notice.
When is the Seller Released from guarantee?
The Seller shall not be released from its guarantee obligation unless it proves that the cause of the defect occurred after performance.
Please note that due to the same defect, an Accessory Warranty and a Guarantee Claim and a Product Warranty and Guarantee Claim cannot be enforced concurrently, otherwise you will be entitled to the rights arising from the guarantee, irrespective of your warranty entitlement.