GENERAL TERMS AND CONDITIONS (GTC)
Effective from February 2, 2021
Welcome to our website. Thank you for your trust and for your purchase.
The GTC of this webstore was prepared with the GTC generator Fogyasztó Barát ÁSZF.
Should you have any questions regarding these General Terms and Conditions, the use of the website, any products, the purchase process, or if you would like to discuss your personal demands with us, please contact our colleagues at the contact details provided.
Publishing information: data of Service Provider (Seller, Enterprise)
Name: ROCK SAFETY Kft.
Registered office: 5100 Jászberény, Nagykátai út 10
Mailing address: 5100 Jászberény, Nagykátai út 10
Store, pickup point address: 5100, Jászberény Nagykátai út 10.
Registering authority: Court of Registration of Jász-Nagykun-Szolnok county
Company registration number: 16 09 004518
Tax number: 11502159-2-16
Represented by Molnár László
Telephone: +36 57 515 700
Fax: +36 57 515 701
Bank account number: 10200586-45113905-00000000
Data protection registration number: NAIH-136980/2018.
Hosting service provider:
Name: ROCK SAFETY Kft.
Registered office: 5100 Jászberény, Nagykátai út 10.
Contact details: +36 57 515 700, firstname.lastname@example.org
Parties: Seller and Buyer collectively
Consumer: a natural person acting outside the scope of his or her profession, independent occupation or business activities
Consumer contract: an agreement where one of the parties qualifies as a consumer
Website: this web page used for the conclusion of the contract
Contract: A sale-purchase agreement that is conducted between Seller and Buyer via electronic correspondence or through the website
An instrument that enables communication between parties in remote locations: an instrument to make a contractual declaration for the purpose of entering into a contract between parties that are not present. Such instruments are forms without recipient or address, standard letters, advertisements published in the press with an ordering form, catalogs, devices allowing phone, fax and Internet access
A contract concluded between remote parties: a consumer contract concluded between parties who are not physically present at the same time, concluded in the framework of a remote sales system designed for the product or the service in the contract, where contracting parties only use instruments that allow such communication between remote parties to conclude the contract
Product: movable articles that are offered on the website and can be purchased and taken into possession and are the subject-matter of the contract and are intended to be sold through the website
Company: a person acting within the scope of his or her profession, independent occupation or business activities
Buyer/You: the person making a purchase offer and concluding a contract via the website
Warranty: In case of contracts entered into between consumer and the company (hereinafter as Consumer contract), in accordance with the Civil Code,
a) warranties that the company offers for the proper performance of the contract beyond the extend of its obligations or out of its free will, and
b) warranties required by law
This Contract is governed by the provisions of Hungarian law, in particular the following legislation:
Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on Electronic Commerce and on Certain Issues Regarding Information Society Services
Act V of 2013 on the Civil Code
Government Decree 151/2003. (IX.22) on Compulsory Warranties on Certain Durable Consumer Goods
Government Decree 45/2014 (II.26.) on the Detailed Rules of the Contracts between Consumers and Companies
Decree 19/2014 (IV.29.) NGM of the Minister for National Economy on the Procedural Rules of Administering Guarantee and Warranty Claims on Goods Sold based on Contracts between Consumers and Companies
Act LXXVI of 1997 on Copyrights
Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 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 (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 (General Data Protection Regulation)
Effectiveness and acceptance of the GTC
The provisions of the contract concluded between us are determined––along with the applicable legislation––by these General Terms and Conditions (hereinafter as GTC). In line with this, this GTC contains your rights and obligations as well as our rights and obligations, the conditions based on which the contract can be concluded, the performance deadlines, the delivery and payment terms, liability rules, and the conditions for exercising the right of withdrawal.
Technical information required for using the Website and not included in this GTC are provided by other information available on the Website.
Before finalizing your order, you are required to familiarize yourself with the provisions of this GTC.
Language of the contract and the form of the contract
The language of the contracts that are concluded subject to this GTC is Hungarian.
The contracts that are concluded subject to this GTC are not regarded as written contracts; Seller shall not file these.
Through our website, we only serve legal entities and resellers having a tax number, we do not serve individuals who qualify as consumers, therefore the prices on the page are displayed in the form of net price + VAT.
Prices are expressed in HUF and are inclusive of a 27% VAT. The possibility for the Seller to modify the prices for business policy reasons cannot be ruled out. Price modifications do not affect the contracts that have already been concluded. If the Seller cited incorrect prices and an order is placed for the product but the parties have not yet entered into a contract, then the Seller will proceed according to the “Procedure to follow in case of incorrect prices”.
Procedure to follow in case of incorrect prices
Obviously miscited price shall be:
- any price of HUF 0
- prices reduced with a discount but incorrectly indicating the rate of discount (e.g. a product of a price of HUF 1000 offered for HUF 500 while a 20 % discount is indicated).
If a price is cited incorrectly, the Seller offers the product to be purchased on real price and based on such information the Buyer can decide whether to order the product on real price or waive the order without any adverse legal consequences.
Handling complaints and legal remedies
Consumers may lodge their complaints in connection with Seller’s products or services at the following contact details:
- Customer service office: 5100, Jászberény Nagykátai út 10.
- Customer service opening hours: Mon-Thu: 07:00 - 16:00; Fri: 07:00 - 14:30
- Telephone: +36 57 515 700
- Fax: +36 57 515 701
- Web: https://shop.rocksafety.com
- E-mail: email@example.com
Records in the book of complaints A book of complaints is available in Seller’s store (customer service). Seller shall respond to written entries within 30 days.
Customers may lodge their complaints with the company either orally or in writing, in connection with the conduct, activities or omissions of the company or of the person acting on behalf of or in the interest of the company directly related to the sale and distribution of the products to the consumers.
The company shall investigate oral complaints without delay and make remedies as necessary. If the consumer does not agree with the handling of the complaint or the complaint cannot be investigated immediately, the company shall make a record of the complaint and of its standpoint regarding the complaint, and in case of complaints lodged orally in person, shall hand over a copy of it to the consumer on the site. In case of oral complaints made via telephone or other telecommunication means, it shall send it to the consumer with a meaningful reply within 30 days, in accordance with the rules regarding replies to written complaints. Otherwise, in case of written complaints, it shall act in accordance with the following. The company shall send a meaningful written reply to the written complaint within 30 days of receiving it, unless a directly applicable European Union law regulates otherwise, and shall make arrangements that this reply is properly communicated. Shorter deadlines may be determined by legislation; longer deadlines may be determined by law. The company is required to provide an explanation if the complaint is rejected. A unique identification number must be provided to complaints lodged orally via the phone or via the use of electronic means of telecommunication.
The report of the complaint must contain the following:
- name and address of consumer,
- place, time and means of lodging the complaint,
- a detailed description of the consumer’s complaint, documents presented by the consumer, list of documents and other evidence,
- the company’s statement on its standpoint regarding the consumer’s complaint, if the complaint can be investigated immediately,
- the signature of the person preparing the report and of the consumer, with the exception of cases where complaints were lodged via the phone or other electronic means of telecommunication,
- time and place of preparing the report,
- in case of complaints lodged orally via the phone or using electronic means of telecommunication, the unique identification number.
The company is required to keep the report and the copy of the reply for a term of five years and present them to the supervising authorities on request.
When a complaint is rejected, the company is required to inform the consumer in writing at which authority or conciliation body it may initiate proceedings, depending on the nature of the complaint. The notice must contain the central address of the authority or the conciliation body having competence at the place of permanent or temporary residence of the consumer, its phone and Internet contact details, and its postal address. The notice must also contain information on the fact whether or not the company intends to initiate the proceeding of the conciliation body in order to settle the dispute.
If the legal dispute between the Seller and the consumer is not settled during the negotiations, the consumer has the following legal remedies available to him or her:
Consumer protection procedure
Lodging a complaint with the consumer protection authority. If the consumer believes that his or her consumer rights have been violated, he or she is entitled to turn to the consumer protection authority having competence according to his or her place of residence. After the complaint has been judged, the authority shall decide on launching a consumer protection procedure. The first instance consumer protection tasks are performed by the Budapest and county government offices having competence at the place of residence of the consumer, you can find the list of these here: http://www.kormanyhivatal.hu/
Court proceeding. Client has the right to enforce his or her claims arising out of the consumer dispute before a court in a civil lawsuit pursuant to the provisions of Act V of 2013 on the Civil Code, and Act CXXX of 2016 on the Code of Civil Procedure.
Procedure of the conciliation board
Please be advised that you may lodge a consumer’s complaint with us. If we reject your consumer complaint, you have the right to turn to the conciliation board having competence at your place of temporary or permanent residence: the proceeding at a conciliation board may be launched if the consumer has attempted to settle his or her dispute directly with the company. Instead of the competent conciliation board, the conciliation board requested by the consumer shall have competence in the proceeding.
The company has an obligation to cooperate in the proceeding of the conciliation board.
In the framework of this, companies have an obligation to send a counter-document when requested by the conciliation board, and they have a further obligation to appear before the conciliation board (“ensuring the participation of a person at the hearing who is authorized to negotiate an agreement”).
If the registered office or the given premise of the company is not registered in the same county where the chamber that operates the conciliation board with territorial competence is registered, the obligation of the company to cooperate extends to offering the possibility of reaching an agreement in writing, as requested by the consumer.
The consumer protection authority has competence in case of a breach of the above obligation to cooperate, and shall impose the compulsory fine that is imposed on companies for wrongful conduct after a change of legislation, and no exemption from this fine is allowed. In addition to the Consumer Protection Act, the relevant provisions of the act regarding small and medium-sized enterprises have been modified, too, therefore small and medium-sized enterprises will not be exempted from the imposing of the compulsory fine, either.
The amount of the fine in case of small and medium-sized enterprises is between HUF 15,000 and HUF 500,000, while fines for companies that are not regarded as small or medium-sized enterprises and have a net annual sales in excess of HUF 100 million can be between HUF 15,000 up to 5% of the net annual sales of the company, but maximum HUF 500 million. By introducing the compulsory fine, the legislator intended to emphasize the importance of cooperating with the conciliation boards, and to ensure that companies actively participate in the conciliation board proceedings.
Settling consumer disputes out of court is part of the responsibilities of the conciliation board. The conciliation board is responsible for attempting to foster an agreement between the parties for the purpose of settling the consumer dispute, and in the event it fails, it makes a decision to ensure that consumer’s rights are exercised in a simple, swift, efficient and cost-effective manner. At the request of the consumer or the company, the conciliation board offers advice in connection with the rights and obligations of the consumer.
The conciliation board proceeding is initiated at the consumer’s request. The application shall be submitted to the chairperson of the conciliation board in writing: the requirement for written communication can be fulfilled by way of letters, telegrams, telex or telefax, and any other device that enables the recipient to store the data sent to him or her for a term in accordance with the purposes of the data, and to display the stored data with an unchanged form and content.
The application must contain
- the name, the permanent or temporary residence of the consumer,
- the name, and registered office or affected premises of the company involved in the consumer dispute,
- the name of the conciliation board that the consumer selected instead of the competent board,
- a brief description of the consumer’s standpoint, the supporting facts and the relating evidence,
- a statement by the consumer that he or she has attempted to settle the dispute directly with the company involved
- a statement by the consumer that he or she has not initiated a proceeding at another conciliation board in the case, no mediation procedure has been initiated, no application has been submitted and no requests have been submitted to issue a payment order,
- a petition for the board to make a decision,
- the signature of the consumer.
The document, or the copy (extract) of the document, that the consumer refers to as evidence must also be attached to the application, especially the written statement of the company rejecting the complaint, or in the absence of this, any other written evidence the consumer may have at his or her disposal proving that he or she has attempted the compulsory negotiation.
If the consumer acts by way of an agent, the authorization must be attached to the application.
For more information on the Conciliation Boards, please visit: http://www.bekeltetes.hu
For more information on Conciliation Boards with local competence please visit: https://bekeltetes.hu/index.php?id=testuletek
Contact details of local Conciliation Boards:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Bács-Kiskun County Conciliation Board
Cím: 6000 Kecskemét, Árpád krt. 4.
Telephone: 06-76-501-500; 06-76-501-525, 06-76-501-523
E-mail: firstname.lastname@example.org; email@example.com
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone: 06-46-501-091; 06-46-501-870
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306.
Telephone: 06-56-510-621, 06-20-373-2570
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Pest County Conciliation Board
Address: 1055 Budapest, Balassi Bálint u. 25. IV. em. 2. ajtó
Mailing address: 1364 Budapest, Pf.: 81
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u.6.
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. emelet
Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. földszint 116.
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Online platform for dispute resolution
The European Commission has created a website where consumers can register and have an opportunity to settle their legal disputes related to online purchases by filling out a request form and thus avoiding court proceedings. Therefore, consumers can exercise their rights without being hindered by for example distance.
If you would like to lodge a complaint in connection with a product or service purchased over the Internet and do not intend to initiate court proceedings, you may use this online dispute resolution instrument.
You and the merchant against whom you filed a complaint shall select the conciliation board on the portal that you would like to entrust with the handling of the complaint.
The online platform for dispute resolution is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Pursuant to Section 1(1) of Act LXXVI of 1999 on Copyrights (hereinafter as Szjt.), the website qualifies as a copyrighted work and all of its parts are under copyright protection. Pursuant to Section 16(1) of Szjt., the unauthorized use of the graphical and software solutions and computer programming works found on the website, and the use of any application with which the website or any of its part can be modified is forbidden. Materials from the website or from its database may be taken over only with the written consent of the copyright holder, and only by displaying a reference and a link to the website. Copyright holder: ROCK SAFETY Kft.
Severability, code of conduct
If any provision of the GTC is invalid or ineffective, the other provisions of the contract shall remain legally binding, and instead of the ineffective or erroneous part, the provisions of the applicable laws are to be applied.
Seller does not have a code of conduct under the Act on the prohibition of unfair business-to-consumer commercial practices.
Operation of the digital data content, technical protective measures
Availability of the servers that provide the data of the websites is above 99.9% per year. Backups are made regularly of the whole data content and therefore in the event of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data are stored with appropriate level encryption, for the encoding, we use hardware support built into the processors.
Information on the main properties of the products
We provide information on the main properties of the available products in their respective descriptions.
Correcting data errors - Responsibility for the truthfulness of the data provided
You have the opportunity to correct the data you provided during the process of the ordering prior to the finalization of your order (clicking on the back button in the browser will take you back to the previous page, so you can correct the data you entered even if you have moved on to the next page).
Please be advised that you are responsible for the accuracy of the data you provide, since the product is delivered and the invoice is issued based on the data you provide. Please be advised that if the email address provided is incorrect, or if the storage space of your account is full, the confirmation may not be delivered and it may prevent the contract from being concluded.
Using the website
No registration is required for purchases.
The process of purchasing
Selecting the product
By clicking on the product categories, you can select the category you need and the individual products therein. By clicking on the individual products, you will see the photo, article number, description and price of the product. If you make a purchase, you are required to pay the price displayed on the website. Products are marked with an illustrated photograph. The accessories, decorative elements that are shown on the photographs are not part of the products unless otherwise indicated in the product description. Please be advised that we shall not accept any liability for any typing error or for any inaccurate data.
Putting items in the cart
After selecting the product, you can place any number of items in the cart by clicking on the “Order” button but this does not create a purchase or payment obligation for you because placing items in the cart does not qualify as making an offer.
We recommend that you place the product in the cart even if you are not certain that you wish to purchase that item because this enables you to check quickly which products you have selected with just one click, and you can view and compare these products in one page. Before the order is finalized – by pressing the “Order” button –, the contents of the cart can be freely modified, any number of items can be removed from the cart and new items can be placed in the cart as you like, and the number of the products can be modified.
If you would like to see the selected product again, or you would like to place a new item in the cart, click on the “Back” button.
Checking the cart
By clicking on the “Currency amount” icon at the top of the page, you may check the contents of the cart at any time. Here you have a chance to remove the selected items from the cart or to modify the number of the items. Modifying the contents of the cart will automatically update the data, including the price, too.
If you do not wish to select more products and place them in the cart, you may proceed with the shopping by clicking on the “Payment” button.
Providing the delivery and payment details
Once you have clicked on the “Order” button, the available delivery and payment methods will appear. In the “Mode of delivery” box you can select the product to be picked up personally (Product Pick-up Jászberény, Product Pick-up Érd) or delivered to you. If you would like a delivery, you will need to provide your shipping address, too. In case of a delivery, the system will inform you when the delivery will be made, which will be at your cost, if you placed an order. In the “Payment method” box you can select your preferred method of payment (Bank transfer in advance, Bank card, Bank transfer, payment on delivery). In the “Order identification” field you may enter your own purchase identification code. You may add a comment to your order in the “Comment” field.
Placing an order - Summary
By filling out the above text boxes you may continue the ordering process by clicking on the “Continue” button, or you may delete/correct the data entered so far by clicking on the “Back” button, and you can return to the contents of the cart. By clicking on the “Continue” button, you arrive to the “Order summary” page. Here you can find the summary of the data you provided earlier, the content of the cart, the user, invoicing and shipping details, and the amount to be played by you (you cannot change these data here, only if you click on the “Back” button).
Finalizing your order (making an offer)
If you have made certain that the cart contains the items that you would like to order, and that your data are correct, then you can close your order by clicking on the “Order” button. The information on the website is not an offer made by Seller to conclude an agreement. In the case of orders subject to this GTC the party making the offer is you.
By clicking on the “Order” button, you explicitly acknowledge that your offer is to be regarded official and that your statement – once Seller has confirmed it in accordance with this GTC – will result in a payment obligation.
You are bound by your offer for a term of 48 hours. If Seller fails to confirm your offer within 48 hours in accordance with these general terms and conditions, you are released from your order obligation.
Processing orders, concluding the contract
Orders are processed in two steps. You may place an order at any time. You will first receive an automatic confirmation of your order that only confirms the fact that your order has been received through the website but this confirmation cannot be regarded as if your offer has been accepted. If you notice that your details in the automatic confirmation email contain errors (e.g. name, delivery address, phone number etc.), then you are required to notify us of this fact in an email and provide the correct data at the same time. If you do not receive the automatic confirmation email within 24 hours of your order, please, contact us as it may occur that your order has not been received by our system due to technical errors.
Seller shall confirm your offer in a second email after you have sent your offer. The contract is concluded once the confirmation e-mail sent by the Seller becomes available to you in your e-mail system (second confirmation).
Payment on delivery
If you would like to pay the price of your order when the package is delivered, please select the “Payment on delivery” method.
You may also pay the price of the products by bank transfer.
Bank card payment via K&H Bank
Bank card payment ensures that you can make purchases in our webstore safely and comfortably. After you select the products, you are forwarded to the K&H Bank website where you can pay with your bankcard in an encrypted transaction used by the Bank and currently deemed the most secure.
Our customers only need to click on the “pay with bankcard” item when selecting the method of payment and enter the card number and the expiry data of the card on the K&H Bank payment server. K&H Bank accepts VISA, VISA Electron, V-Pay, MasterCard, Maestro and JCB cards.
Cards issued for electronic use only are accepted only when the bank that issued the card permits the use of the card. Please, inquire at your bank whether your bank card can be used for purchases on the Internet. After a successful purchase, K&H Bank issues a permission number for the transaction which we recommend to keep or to print. If the transaction fails, K&H Bank will send an error message stating the cause of failure.
“Simple” payment with a bank card (OTP Group)
The “Simple” online payment system is developed and ran by OTP Mobil Kft. OTP Mobil Kft. is a member of OTP Group.
Buyers using this service may select the simple and secure payment application “Simple” for their online purchases. In such cases, they can administer their payments the usual way through the Simple system.
The payment process is identical to other payment methods offered by banks in their similar services. In the course of using the service, Simple constantly monitors the transactions bearing in mind the security of the user, i.e. the card holder and offers help in preventing unexpected events.
WHAT ARE THE STEPS OF THE TRANSACTION?
- By clicking on the “Pay” button you are directed to the Simple payment page where you can launch the transaction after providing the data of your bank card.
- After providing your card data please, check the accuracy of the data.
- The transaction then is processed in the processing systems of banks.
- You are notified of the results of payment in an e-mail and then Simple redirects you to the webstore.
For more information, please, visit: https://www.simple.hu/Fooldal
Modes of delivery, delivery fees
GLS courier service
Products are delivered by GLS courier service.
For more information please, visit: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
Below HUF 20,000 net purchase price
- the operator of the webstore charges a packaging fee of HUF 500 + VAT in addition to the delivery fee.
Below HUF 50,000 net purchase price
- we charge the normal delivery fee in cases where the products are shipped to the address of the party placing the order. (In case of payment on delivery: HUF 1,170/package + VAT, in case of advance payment and bank card payments HUF 970/package + VAT.)
- Over HUF 50,000 net purchase price
- Shipping is for free.
The deadline to perform the orders in general is maximum 30 days after the order has been confirmed.
Reservation of rights, title clause
If at a former occasion you ordered a product and failed to take it over upon delivery (except where you exercised your right of withdrawal) or the Product was returned to the Seller with the note “unclaimed”, the Seller will require the purchase price and the delivery costs to be paid in advance as a pre-condition for performing the order.
Seller may delay the delivery of the product until it makes sure that the payment of the Product’s purchase price through the electronic payment system has been successful (including cases where the Buyer transfers the purchase price of a product paid for by bank transfer in the currency of his or her Member State and Seller fails to receive the full purchase price and delivery costs due to conversion and the bank charges). If the price of the Product is not paid in full, the Seller may call upon the Buyer to complete the purchase price.
Selling across borders
In the context of using the Website, the Seller does not differentiate between buyers from Hungary and from the European Union. Unless otherwise provided in this GTC, the Seller ensures delivery/pickup of the products ordered on the territory of Hungary.
Purchases from outside Hungary are also governed by this GTC provided that within the meaning of this clause and pursuant to the provisions of the applicable regulation, buyers are consumers who are citizens of a Member State or have residence in any of the Member States or that are enterprises established in any Member State and purchased goods or services only as end users within the European Union or act with such intentions. Consumers are natural persons who are acting for purposes which are not covered by their commercial, industrial, craftsmanship or professional activities.
The language of communication and purchase is primarily Hungarian. Seller is not obliged to communicate with the Buyers in the language of their Member State.
Seller is not obliged, to satisfy non-contractual requirements set out for the given Product in the national legislation of the Buyer’s Member State such as labelling or sector-specific requirements, or to inform the Buyer of such requirements.
Unless otherwise provided, Seller shall charge Hungarian VAT to each Product.
Buyers may exercise their enforcement options in accordance with this GTC.
If electronic means of payment are used, payment shall be made in the currency specified by the Seller.
Seller may delay the delivery of the product until it makes sure that the payment of the Product’s purchase price and delivery costs, in full, through the electronic payment system has been successful (including cases where the Buyer transfers the purchase price (delivery costs) of a product paid for by bank transfer in the currency of his or her Member State and Seller fails to receive the full purchase price due to conversion and bank charges). If the price of the Product is not paid in full, the Seller may call upon the Buyer to complete the purchase price.
For the delivery of the Product, the Seller provides the non-Hungarian buyers with the delivery options available to the Hungarian buyers.
If, under the GTC, Buyers may request a Product to be delivered on the territory of Hungary or to anywhere on the territory of any other Member State of the European Union, this may also be requested by any non-Hungarian buyer to be performed through the delivery methods specified in the GTC.
If, under the GTC, Buyers may choose to pick up a product personally at the Seller’s, non-Hungarian buyers may also request such pickup.
Buyers may otherwise request a Product to be delivered abroad at their own cost. Hungarian buyers have no such right.
Seller shall satisfy the order after the payment of the delivery costs and if the Buyer fails to pay the delivery costs to the Seller or to arrange for the delivery on their own account until the agreed date, the Seller will terminate the contract and repay the purchase price, paid in advance, to the Buyer.
Notice to consumers pursuant to Govt. Decree 45/2014 (II.26.)
Notice on the withdrawal rights of customers
Pursuant to Section 8:1(1)3 of the Civil Code consumers are natural persons acting outside the scope of their profession, independent occupation or business activity, therefore legal entities do not have the right to withdrawal without explanation.
Pursuant to Section 20 of Govt. Decree 45/2014 (II.26.), consumers have the right to withdraw without explanation. Consumers may exercise the right of withdrawal within 14 days after,
a) in the case of contracts for the sale and purchase of a product,
aa) the product, or
ab) when several products are purchased and the different products are delivered at different times, the product last shipped
has been received by the consumer or any third party, other than the courier, appointed by the consumer.
The provisions of this point do not affect the right of the consumer to exercise his or her right to withdraw under this clause between concluding the contract and delivering the item.
If it was the consumer who made an offer to conclude the contract, the consumer is entitled to withdraw from the contract prior to its conclusion and such withdrawal releases him or her from his or her obligations to enter into a contract.
Statement of withdrawal, exercising the right of withdrawal or termination by consumer
Consumers may exercise their rights granted in Section 20 of Govt. Decree 45/2014 (II.26.) with an explicit statement, or by using the statement template that can be downloaded from the website.
Validity of the consumer’s statement of withdrawal
The right to withdraw is exercised in due time if the consumer has sent its statement within the deadline. The deadline is 14 days.
The burden of proof lies with the consumer in proving that he or she has exercised his or her right to withdraw in accordance with this provision.
Seller shall confirm consumer’s statement of withdrawal by way of electronic means after it has been received.
Seller’s obligations in case of a withdrawal by consumer
Seller’s reimbursement obligation
If Consumer withdraws from the contract pursuant to Section 22 of Govt. Decree 45/2014 (II.26.), Seller shall reimburse the full amount of the money that consumer has paid as consideration within fourteen days of it becoming aware of the withdrawal, including any cost arising in connection with the performance, including the cost of shipment. Please be advised that this provision does not apply to the additional costs resulting from selecting other than the least costly mode of delivery.
The way Seller fulfills its reimbursement obligation
In case of withdrawal or cancellation pursuant to Section 22 of Govt. Decree 45/2014 (II.26.), Seller shall reimburse the amount payable to consumer by using the payment method that consumer had selected for payment. Subject to consumer’s explicit consent, Seller may apply different payment methods but at no additional cost to consumer. Seller accepts no liability for late performance due to incorrect or inaccurate bank account details or postal address provided by consumer.
If consumer explicitly selects a mode of delivery other than the least costly one, Seller shall have no obligation to reimburse the additional costs arising out of this. In such cases we have an obligation to reimburse only up to the extent of the general shipping costs announced.
Right of retention
Seller may retain the amount payable to consumer until the consumer has returned the product or has proven beyond doubt that he or she has returned it; whichever of these two happens earlier. We cannot accept deliveries that are sent with payment on delivery or postage due.
Consumer’s obligations in case of withdrawal or cancellation by consumer
Returning the product
If consumer withdraws from the contract pursuant to Section 22 of Govt. Decree 45/2014 (II.26.), consumer shall return the product immediately but not later than fourteen days after the withdrawal notice, or hand it over to Seller or the person Seller has authorized to take over the product. The product is returned in a timely manner if the consumer has returned the product before the deadline passes.
Bearing the direct costs of returning the product
Consumer shall bear the direct costs of returning the product. The product shall be returned to Seller’s address. If the consumer terminates the contract that was concluded - for the provision of services - out of store or between remote parties after its performance has started, he or she shall reimburse to the company the part of the fee that is proportionate to the services performed until when the company has been notified of the cancellation. The proportionate amount payable by the consumer shall be calculated on the basis of the total amount of the consideration set forth in the contract inclusive of taxes. If the consumer can prove that the amount calculated this way is disproportionately high, the proportionate amount is to be calculated on the basis of the market value of the services provided until the termination of the contract. Please note that we cannot receive products returned with payment on delivery or postage due.
Consumer’s responsibility for depreciation
Consumer is responsible for the depreciation that exceeds the amount of depreciation resulting from wear and tear that is normal for the type, properties and operation of the product.
The right to withdraw cannot be exercised in the following cases
Seller expressly calls your attention to the fact that you cannot exercise your right to withdraw in cases set forth in Section 29(1) of Govt. Decree 45/2014 (II.26.):
- in case of contracts for the provision of services where the whole service has been provided, if the company started providing the service with the explicit prior consent of the consumer, and that consumer acknowledged that he or she loses his or her right to withdraw after the whole of the service has been provided;
- in case of services and products whose price depends on money market fluctuations that may occur during the period under which the right to withdrawal can be exercised, and which cannot be influenced by the company;
- in case of products that are not prefabricated and which are manufactured on the instructions or explicit request of the consumer, or in case of products that were tailored to the consumer’s needs;
- in case of perishable goods or goods whose quality deteriorates after a short while;
- in case of goods with sealed packages that cannot be returned after they have been opened for health protection and hygienic reasons;
- in case of products which, due to their nature, inseparably mix with other goods after they have been delivered;
- in case of alcoholic beverages whose real value depends on market fluctuations that the company cannot influence, and the price of which parties agreed on when the contract was concluded, but where the contract is performed only after 30 days it has been concluded;
- in case of work contracts where the company visits the consumer at consumer’s explicit request to perform emergency repair and maintenance works;
- in case of the sale of copies of audio and video recordings and computer software in sealed packages if the consumer has opened the package after it has been delivered;
- in case of newspapers, journals or periodicals, with the exception of subscriptions;
- in case of contracts concluded at public auctions;
- contracts to provide accommodation, with the exception of housing services, contracts for services related to shipping, car rental, catering or recreation activities, if a specific performance deadline or milestone has been determined in the contract;
- in case of digital data not provided in a physical data carrier, if the company has started providing the service with the explicit, prior consent of the consumer, and the consumer at the same time declared that he or she accepted that he or she loses his or her right to withdrawal after the performance has started.
Implied warranty, warranty for non-compliance, guarantee
This provision of the consumer notice is prepared on the basis of Section 9(3) of Govt. Decree 45/2014 (II.26.) by applying Annex 3 of the Govt. Decree 45/2014 (II.26.).
In which cases can you exercise your implied warranty?
In case of Seller’s defective performance, you can pursue implied warranty claims against Seller in compliance with the provisions of the Civil Code.
What are your rights based on your implied warranty claims?
You - at your discretion - may pursue the following implied warranty claims:
You may request repair or replacement, except if fulfilling your claim is either impossible for the Seller or if it would incur disproportionately high costs compared to other claims. If you did not or were not able to request a repair or a replacement, you may request a proportionate reduction in the price, or you may repair or arrange for the defect to be repaired at Seller’s cost, or as a last resort may withdraw from the contract.
You may decide to pursue a different claim for implied warranty, but you will bear the costs of switching, unless it was justified or Seller has provided cause to do so.
What are your deadlines to pursue your implied warranty claims?
You are required to notify us of the existence of a defect immediately after you discover it, but not later than two months after discovering it. Please be advised, however, that you cannot pursue your implied warranty claims after the two-year limitation period lapses.
If the subject of the contract is a used thing, the parties may also agree on a shorter limitation period; but no agreement on a limitation period shorter than one year shall be valid.
Against whom can you pursue your implied warranty claims?
You can pursue your implied warranty claims against the Seller.
What other conditions exist to pursue the implied warranty claims?
In the first six months after the performance, you have no other obligations to be able to pursue the implied warranty claims but to notify of the defect, you only have to prove that Seller provided the service or the product. When the first six months after the performance passes, you will be required to prove that the defect you became aware of existed at the time of the performance, too.
In the case of used products warranty rights are by default different from the general rules. Used products may also be affected by defective performance but in such cases the circumstances based on which the Buyer could have expected certain defects to occur must be taken into account. With obsolesce certain defects may occur more and more frequently and consequently no one should assume that a used product may be of the same quality as a newly bought one. Accordingly, a Buyers only may enforce their warranty rights for defects that are beyond and occur independently from normal wear and tear. If a used product is defective and the Buyer as Consumer was informed thereof upon purchase, the Service Provider shall not be liable for such known defect.
Warranty for non-compliance
In which cases may you pursue non-compliance warranty claims?
In the event that movable goods (products) are defective, you can, at your discretion, pursue implied warranty claims or non-compliance claims.
What are your rights based on your non-compliance warranty claims?
Non-compliance warranty claims only allow you to request the defective product to be repaired or replaced.
In which case is the product regarded as defective?
The product is defective if it does not meet the quality requirements that were in effect when it was sold or if it does not have the properties that are listed in the manufacturer’s description.
What are the deadlines by which you can pursue your non-compliance warranty claims?
You may pursue your warranty claims for non-compliance within two years after the product is sold by the manufacturer. After this deadline you lose your right to do so.
Against whom can you pursue warranty claims for non-compliance and what other conditions exist?
You may pursue warranty claims for non-compliance only against the manufacturer or distributor of the product. In order to pursue warranty claims for non-compliance, you are required to prove the defect in the product.
When is the manufacturer (distributor) exempted from its warranty obligations for non- compliance?
The manufacturer (distributor) is exempted from its warranty obligations for non-compliance only if it can prove that:
- it did not manufacture or sell the product as part of its business operations, or
- the defect in the product was not recognizable at the current level of technology and science at the time it was sold, or
- the defect of the product results from implementing a legislation or statutory requirement.
The manufacturer (distributor) needs to prove only one of these reasons to be exempted.
Please be advised that you may not pursue both implied warranty claims or warranty claims for non- compliance at the same time for the same defect. In the event that your warranty claim for non-compliance is successful, you may pursue your implied warranty claims for the repaired part or for the replaced product against the manufacturer.
In which cases can you pursue guarantee claims?
Pursuant to Government Decree 151/2003. (IX.22) on Compulsory Warranties on Certain Durable Consumer Goods, Seller shall offer guarantee upon the sale of new durable consumer goods (such as technical goods, tools, machines) listed in Annex No. 1. of the Decree and their accessories and parts specified therein (in this section hereinafter collectively referred to as consumer goods).
What are your rights and what deadlines apply in case of a guarantee?
Under guarantee claims, as a general rule under Government Decree 151/2003 (IX.22.), Buyers may claim repair and, in the cases listed under the heading “Rules related to the handling of guarantee claims”, cash refund from the Seller.
Buyers may pursue their repair claim, at their discretion, at the Seller’s registered office, any of its premises, branch offices or directly at the repair service specified on the guarantee certificate by the Seller.
Guarantee claims may be brought during the term of guarantee and pursuant to Government Decree 151/2003 (IX.22.) the term of guarantee shall be:
- one year if the sales price is at least HUF 10,000 but not more than HUF 100,000,
- two years if the sales price is at least HUF 100,000 but not more than HUF 250,000,
- three years is the sales price is over HUF 250,000
Failing to meet these deadlines will entail a loss of right but if the consumer good is repaired, the term of guarantee will be extended from the date of delivery for repair with the period during which the Buyer could not properly use the consumer good due to the defect.
The term of guarantee is to be calculated from the day the consumer goods are handed over to the Buyer, or if the commissioning is carried out by the Seller or its agent, from the day it is commissioned.
If the Buyer commissions the consumer good after six months from delivery, the starting date of the term of guarantee shall be the date of delivery of the consumer good.
Rules related to the handling of guarantee claims
When handling a repair, Seller shall endeavor to complete the repair within 15 days. The deadline for repair commences upon the receipt of the consumer good.
If the duration of repair or replacement exceeds fifteen day, then the Seller shall inform the Buyer of the expected duration of repair or replacement.
If, during the term of guarantee, upon the first repair of the consumer good the Seller finds that the consumer good cannot be repaired, the Seller shall replace the consumer good within eight days unless otherwise required by the buyer. If the consumer good cannot be replaced, the Seller shall refund, within eight days, the price as indicated on the document – the invoice or receipt issued under the act on value-added tax – presented by the consumer and evidencing the payment of a consideration for the consumer good to the buyer.
By accepting the GTC, the Buyer consents to receive information through electronic means or any other way where receipt can be confirmed by the Buyer.
If Seller cannot repair a consumer good within 30 days:
- repair can be completed for a later deadline, if the Buyer consents to it, or
- if the Buyer does not consent to a later repair deadline or fails to make a statement in relation to it, the consumer good shall be replaced within eight days of the expiration of the thirty-day deadline, or
- if the Buyer does not consent to a later repair deadline or fails to make a statement in relation to it but the consumer good cannot be replaced, the sales price as indicated on the invoice or receipt of the consumer good shall be repaid to him or her within eight days of the expiration of the thirty-day deadline.
If a consumer good becomes defective for the fourth time, the Buyer may:
- claim repair from the Seller, or
- instead of a repair claim, he or she may request the proportionate reduction of the purchase price by the Seller pursuant to Section 6:159(2)b) of Act V of 2013 on the Civil Code, or
- instead of a repair claim, he or she may repair the consumer good or have it repaired at the Seller expense pursuant to Section 6:159(2)b) of Act V of 2013 on the Civil Code, or
- if the Buyer fails to exercise these rights (repair, price reduction, repair by a third party at the Seller’s expense) or fails to make a statement in relation to such exercise of rights, the consumer good shall be replaced for him or her within 8 days; if replacement is no longer possible, the sales price as indicated on the invoice or receipt of the consumer good shall be repaid to him or her within eight days.
The provisions under the heading “Rules related to the handling of guarantee claims” shall not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, cars, RVs, camper vans, travel trailers, trailers or motor vessels.
However, in the case of these products, the Seller shall also endeavor to satisfy any repair claim within 15 days.
If the duration of repair or replacement exceeds fifteen day, then the Seller shall inform the Buyer of the expected duration of repair or replacement.
How guarantee relates to other warranty rights?
Guarantee is offered in addition the warranties (implied warranty and warranty for non-compliance), the basic difference between general warranties and the guarantee is that the burden of proof is more favorable for the consumer in the case of the warranties.
Consumer goods with fixed connection and/or of a weight of over 10 kg or that cannot be transported as a hand luggage on public transportation – with the exception of vehicles – pursuant to Government Decree 151/2003, shall be repaired at the place of operation. If repair cannot be carried out at the place of operation, the company or – in the case of claims pursued directly with the repair service – the repair service shall take care of the dismounting and mounting.
The Seller’s commitments during the term of statutory warranty shall not involve conditions that are less favorable for the consumers than those rights granted under the rules of statutory warranty. Subsequently, however, the conditions of voluntary warranty may be determined freely but, in this case, also warranty shall not affect the consumers’ statutory warranty rights, including those arising from implied warranty.
Claim for replacement within three business days
Replacement within three business days is also available for purchases in webstores. Claims can be brought for replacement within three business days in the case of new durable consumer goods under Government Decree 151/2003 (IX.22.) stipulating that if a claim for replacement is brought within 3 business days, then the seller shall consider the product to have been defective already at the time of sales and replace the product without further ado.
When is the Seller exempted from its obligations?
Seller is exempted from its guarantee obligations only if it can prove that the cause of the defect occurred after the performance.
Please be advised that you may not pursue both implied warranty claims and guarantee claims, or warranty claims for non-compliance and guarantee claims at the same time for the same defect, otherwise you are entitled to the rights arising from guarantee independently of the warranty rights.
Drawn up with the GTC generator Fogyasztó Barát ÁSZF.