Terms & Conditions
Terms & Conditions
GENERAL TERMS AND CONDITIONS
Date of entry into force of the General Terms and Conditions: 1st of May 2023.
This document is available for download at the following address:
1. DETAILS OF THE WEBSHOP
Company name, legal form: Berényi Attila e.v.
Registered office: 1149 Budapest, Róna u. 105/A
Address for correspondence: 1149 Budapest, Róna u. 105/A
Phone number of the webshop:
E-mail address of the Webshop: hello@soldeli.hu
Name of the registering court/registration authority: Ministry of the Interior Registry
Tax number: 55398017-1-42
Special Administrative Licence and Registration Number: Nébih FELIR registration number: AB4230561
Representative of the Webshop: Attila Berényi
Online sales interface of the webshop (domain name): www.soldeli.hu
Bank account number: Magnet Bank 16200223-10118036
2. WHAT DOES THIS DOCUMENT CONTAIN?
The content of the contract between the Customer and the Webshop (hereinafter referred to as "Contract")
(i) the specific terms and conditions between the Customer and the Webshop during the purchase process
and
(ii) these General Terms and Conditions (hereinafter referred to as "GTC")
Accordingly, the GTC contain the following:
- the main details and contact details of our company (the Webshop),
- the rights and obligations of you as the Customer and of us as the Webshop,
- information relating to the use of our Website, the ordering process (e.g. registration, ordering process, whether the contract is in writing, language of the contract, whether it is filed, correction of data entry errors, binding and confirmation of offers, etc.)
- certain rules on performance deadlines,
- the rules on liability,
- delivery and payment terms,
- information on and conditions for exercising the right of withdrawal,
- information on warranties, guarantees and guarantees of conformity,
- a detailed description of the means of redress available to you.
Concepts
The definitions of terms used in the GTC are set out in full for your convenience in Annex I. To make the text easier to understand, definitions are also given here in the main text in certain sections.
Technical information, mandatory information
Technical information necessary for the use of the Website and certain other information required by law which is not contained in the GTC are available on the Website.
3. RELEVANT LEGISLATION
The law applicable to the Contract is the law of Hungary. We have listed the most important laws so that you can be sure of your rights first hand and from a fully authentic source:
- Act CLV of 1997 on Consumer Protection
- Act LXXVI of 1999 on Copyright.
- Act CVIII of 2001 on certain aspects of electronic commerce and information society services
- Government Decree No 151/2003 (22.IX.2003) on the compulsory guarantee for consumer durables
- Act CXX of 2011 on the Right to Informational Self-Determination and Freedom of Information
- Act V of 2013 on the Civil Code (in particular Book Six)
- Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses
- 373/2021 (30.VI.) Government Decree on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
- 19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
- REGULATION (EU) No 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 Regulation (EC) No 95/46/EC
- REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the purchaser in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
4. INTRODUCTION
Welcome to the website operated by us (the "Website").
Language of the Agreement
The language of the Contract is Hungarian.
Basic information: who makes and who accepts an offer?
The information provided on the Website does not constitute an offer to enter into a contract on the part of the Website. In the case of orders covered by these GTC, you are considered by law to be the Bidder, the Webshop accepts your offer and a contract is concluded between us.
Basic information: is the contract between us in writing?
An order placed via the Website is not a written contract, but an implied contract, so any electronic contract between you and the Webshop is not a written contract and is not filed by the Webshop and therefore not accessible or viewable afterwards.
Placing an order, conclusion of a contract
Orders can only be placed electronically. It is not possible to place orders by fax, telephone, e-mail or letter, and the Webshop cannot fulfil orders received in this way.
You acknowledge and agree to the terms and conditions of these GTC and the specific terms and conditions applicable to the purchase of the specific Product(s) by your use of the Website (e.g. by ticking a box and/or clicking on the button to place an order).
Code of Conduct
The Webshop is not subject to the provisions of the Code of Conduct.
5. DETAILED CONDITIONS OF PURCHASE
Registration
Registration is not a condition for making a purchase on the Website.
If registration is possible on the Website, the following rules apply:
- You can register by clicking on the "Register" button or similar by providing an e-mail address and other details (see the Privacy Policy for further details).
- After successful registration, you can access your user account by entering your login details in the login interface.
- You have the right to request the deletion of your registration by the means specified on the Website (e.g. in your user account or by sending a message to our contact email address). Upon receipt of the message, the Webshop is obliged to ensure that the registration is deleted without delay. Your User Data will be removed from the system immediately after the deletion. However, this does not affect the retention of data and documents relating to orders already placed and does not result in the deletion of these data. Once removed, it is no longer possible to restore the data.
- You are solely responsible for keeping your user access data (in particular your password) confidential. If you become aware that the password you have provided during registration has been accessed by an unauthorised third party, you must immediately change your password and, if you suspect that the third party is misusing your password in any way, you must notify the Website at the same time.
- You undertake to update the personal data provided during registration as necessary to ensure that they are up-to-date, complete and accurate.
Order process
Discovering and selecting a product, displaying products
You have the possibility to browse through the Products on the Site, which are presented to you according to different criteria. By clicking on the name of a product category, you will see a list of the products it contains. By clicking on the name or photo of a Product, you can find out about its main features, detailed characteristics and price.
By displaying images, photographs and product photos in the webshop, we constantly strive to ensure that the photos in the webshop are as lifelike as possible. Nevertheless, the colours of the illustrations, photographs and product photos may appear different to the human eye than on computer screens. Differences may also depend on the colour resolution of the computer or other device you are using, the way colours are displayed and the lighting conditions. The Webshop accepts no responsibility for these differences.
Functions of the "shopping cart"
If any Product appeals to you, you can click on the "Add to Cart" or similar button/word to add the Product(s) to your virtual cart, which is a kind of "anteroom" to your order.
You can view the contents of your shopping cart by clicking on the "Cart contents", "Cart" or similar button/button or by clicking on the cart icon (drawing).
You can reduce or increase the number of Product(s) in your shopping cart or delete the Product(s) from your shopping cart before you place the final order.
What steps do you need to take to place an order?
To submit your order, you will need to enter your name, billing and shipping information by filling out the web form on the Website and select your preferred shipping and payment method from the available options. If there is a registration option on the Website and you are already registered on our Website and logged in to your account, for your convenience, certain information will be pre-loaded to you by our system.
What should you do before placing an order? (data check/correction)
Before you finalise your order, you can check all the details you have previously provided and the Product(s) you wish to order, their quantity, on a summary page. If you have noticed any data entry errors, be sure to correct them in the data you have entered. If you wish to change any of the contents of your shopping cart or your details before the final delivery, you can still do so using the technical means provided by the Webshop (e.g. "Back" button or left arrow).
Sending the order and your payment obligation
If you are satisfied that the information you have provided is correct and that the contents of your shopping basket correspond to the Products you wish to order, you can click on the "" or similar button to send your order to the Webshop after accepting these GTC (ticking the checkbox), which will result in a payment obligation for you.
Important information about the price of products
The purchase price of the Products displayed on the Website is indicated gross of VAT and other public charges, in accordance with the provisions applicable to the taxable status of the Webshop. The purchase price displayed next to the Products does not include the cost of delivery. The price of the Products is indicated in Hungarian forints (HUF). The total amount payable is based on the order summary and confirmation letter and includes all costs, including delivery charges.
Order confirmation process
A contract between you and the Webshop can be concluded in the following ways. Which of the following two ways our contract is concluded is indicated in the information we provide on the Website and in the emails we send you.
1. An automatic technical confirmation email and a second email creating a contract
After you have submitted your order to us on the Website, you will receive two emails from us.
The first email is an automatic confirmation email informing you that your order has been received in the system. This is a technical system message containing the information you have provided (order ID, order date, list of Products ordered, quantity, Product price, delivery cost and total amount payable).
If you find that the automatic confirmation e-mail contains incorrect information about you, you must notify us immediately by e-mail and provide us with the correct information. If the automatic confirmation e-mail does not arrive in your e-mail account within 24 hours, please contact us, as your order may not have been received in our system for technical reasons.
The second e-mail (no longer an automated, technical system message) will contain a contractual (i.e. acceptance of your offer/order) confirmation from Webshop, confirming that your order can be fulfilled within 48 hours of the date of submission of your order. The e-mail accepting the offer shall constitute acceptance of the offer made by you and shall create a contract between you and the Webshop.
The contract for the sale of the Product concluded online between you and the Webshop is an electronic contract. Under the contract of sale, the Webshop transfers ownership of the goods to you, you pay the purchase price and take delivery of the goods.
2. One email will be sent after receiving your order
Once you have submitted your order to us on the Website, you will receive an email from us containing:
a) an automatic confirmation informing you that your order has been received and containing the information you have provided (order ID, order date, list of Products ordered, quantity, Product price, delivery cost and final amount payable).
If you find that your details are incorrectly included in the confirmation, you must notify us immediately by e-mail and provide us with your correct details. If you do not receive our confirmation and contract creation e-mail in your e-mail account within 24 hours, please contact us, as your order may not have been received in our system for technical reasons.
b) a contractual statement (i.e. accepting your offer/order) from the Webshop confirming that the order can be fulfilled within 48 hours of the date of submission of your order.
Conclusion of the contract, content of the contract
When is the contract concluded between you and the Webshop?
The offer acceptance email from the Webshop constitutes acceptance of the offer made by you, which will create the contract between you and the Webshop at the moment when the email containing our contractual statement becomes available in your e-mail system.
What is the type of contract between you and the Webshop?
A contract for the sale of a Product entered into online between you and the Web Store is an electronic contract of sale. Under the contract of sale, the Web Store transfers ownership of the item to you and you are obliged to pay the purchase price and take delivery of the item.
Bidding obligation
You will be exempted from the obligation to submit an offer if you do not receive from the Webshop an e-mail confirming acceptance of your order, i.e. acceptance (execution) of your offer, without delay and within 48 hours at the latest.
The order and its confirmation will be deemed to have been received by the Webshop or by you when it is made available to the recipient.
If the confirmation does not arrive in time because you have provided an incorrect e-mail address during registration or because you are unable to receive a message due to the saturation of the storage space of your account, the Webshop excludes its liability for the failure of your order and the non-conclusion of the contract.
If you have already sent your order to the Webshop and you notice an error in the data contained in the confirmation e-mail, you must notify the Webshop within 1 day in order to avoid the execution of orders with unwanted or incorrect data.
Incorrect price
We take the utmost care when indicating the price of Products and Product descriptions. It is possible that we may still display a price that is significantly different from the normal market price of the Product (discount) and/or display an unrealistic price due to an IT tool/software error.
Obviously, the price may be incorrect in any of the following three cases:
- The Webshop displays a price of HUF 0 for one or more Products,
- The Webshop displays a discounted price for one or more Products, but the price is not reduced in accordance with the actual level of discount,
- without intending to discount the actual price, the Webshop incorrectly displays a price for one or more Products which is lower than the discounted market price level.
In such cases, the Webshop shall be entitled to the following:
(a) not accept (reject) your offer with a content (unrealistically low price) different from the contractual intention of the Webshop
AND
b) at its option, make an offer to you at a price that is already in line with your actual contractual intent (you are not obliged to place a new order with us at this new price),
OR
c) or the bidding process started at the wrong price is deemed to have been unsuccessful and the contract is not concluded.
We consider it important to stress that the assessment of commercial practices should be based on the conduct of a consumer who is reasonably well informed and acts with due care and diligence as would normally be expected in the circumstances.
The Webshop therefore assumes that the Customer, when placing an order, acts in accordance with what an informed consumer would expect, i.e. that he is aware of the characteristics, features and market price level of the Product he wishes to order, including if the price of the Product indicated by the Webshop is obviously too low.
Invoice
The Webshop will issue an electronic invoice to you and you agree to this by accepting the GTC.
Payment methods
You can pay the purchase price of the Products you have selected by means of several payment methods. The range of payment solutions available to you may vary from time to time. We will inform you of the payment solutions currently available in various places on the Site (e.g. by means of icons) and when you order a specific Product. Here we provide you with general information about payment solutions.
Payment of the total amount of the order is possible by using the following payment methods:
Payment by credit card: if you can choose to pay by credit card in advance, you can pay securely by credit card through the system of the financial service provider contracted with the Webshop.
Bank transfer: you may pay the order value by bank transfer prior to delivery or collection of the Product(s). Before initiating a bank transfer, please wait until the Webshop confirms your order and sends you the necessary transfer instructions. For security reasons, please check the bank account number of the Webshop against the bank account information provided in section 4.
Payment on delivery: if you can select the "Cash on delivery" payment method at the time of the specific order, the value of the order will be paid at the time of delivery or at the time of collection, either in cash or by credit card, depending on the courier company. The Webshop accepts only Hungarian Forint (HUF).
The Webshop shall not apply different conditions to the payment transaction for the payment methods it accepts for reasons related to the nationality, residence or place of establishment of the Merchant, the place of account management of the payment account, the place of establishment of the payment service provider or the place of issue of the cash substitute payment instrument within the Union.
Detailed payment solutions are set out in our Annex I.
Delivery conditions
General information
The Products you have chosen can be ordered by various means of delivery and at prices which vary from time to time, and in some cases you will find them on special offer at prices which vary continuously. You will be informed of the currently available delivery methods and their prices and other conditions when you order the specific Product. Here in the GTC we only provide you with general information on delivery conditions. In Annex II and during the specific ordering process, we will provide you with further information on the detailed delivery conditions for each delivery method.
Delivery methods
a) Home delivery, delivery to a parcel point or to a parcel machine
For home delivery, please provide a delivery address where you can be reached during the day. For delivery to a parcel point or a parcel machine, please note the opening hours of the parcel point/parcel machine.
If you are not at the specified delivery address at the specified time and the parcel cannot be picked up, the courier will leave a message on one of the contact details provided. You can use the number on the notification to contact the courier service to specify or arrange a new delivery address and time. The courier service will attempt to deliver the Products ordered 1 additional time.
The courier service will therefore attempt to deliver the Products twice in total, but if the 2nd delivery fails for reasons attributable to you, the third delivery will only be attempted again by the Webshop once you have paid the purchase price by bank transfer to the Webshop and the purchase price has been credited to your Webshop account.
The Webshop reserves the right to deliver the Products included in an order at the same time and does not undertake partial delivery.
Information on receipt of the product
When you receive the Product(s), you must, where possible, check that the packaging is undamaged. If you notice any damage to the packaging and/or the Product(s), please ask the courier to take a report and/or contact us immediately. With the exception of the warranty claims for accessories detailed in point 7, no claims will be accepted after the event and/or without a report.
Delivery deadline
The Webshop is obliged to make the Product available (deliver) to the Consumer without delay, on average within 1-2 days, but no later than 8 days after the conclusion of the contract.
The specific delivery time is always indicated in the confirmation sent by the Webshop.
The Webshop will deliver your order to the courier service as soon as possible, depending on the type of Product(s) ordered. The actual delivery time may vary depending on the method chosen. The Webshop and/or the courier company will notify you in advance by e-mail and/or SMS of the delivery date.
In the event of a delay on the part of the Webshop, the Consumer (see Definitions in Annex I) is entitled to set a grace period. If the Webshop does not perform within the grace period, the Consumer is entitled to withdraw from the contract.
The Consumer is entitled to withdraw from the contract without notice if
a) the Webshop has refused to perform the contract
OR
(b) the contract should have been performed at the time agreed for performance, and not at any other time, by agreement between the parties or by reason of the recognisable purpose of the service.
Making delivery subject to a payment condition
If you have not previously taken delivery of the Product ordered (other than by exercising the right of withdrawal) or the Product has been returned to the Webshop with an unasked for indication, the Webshop may make the fulfilment of the order conditional on payment of the purchase price and delivery costs in advance.
The Webshop has the right to withhold delivery of the Product(s) until it is satisfied that you have successfully paid the price of the Product using the electronic payment solution (including in the case of a Product paid for by bank transfer, where the purchase price is transferred in the currency of the Member State of the Customer and the amount determined on the basis of the purchase price and delivery charges is not received by the Webshop due to the conversion and bank charges). The Webshop will invite the Buyer to supplement the purchase price if the price of the Product has not been paid in full.
Sales abroad
If, under the conditions specified on the Website, persons ordering from Hungary may request delivery of the Product to Hungary and/or any Member State of the European Union, persons ordering from outside Hungary may also request this option. This means that we do not discriminate against any particular customer on the basis of territory.
If the Webshop also delivers orders abroad within the territory of the European Union (EU) as described above, the provisions of these GTC shall also apply to orders abroad, with the proviso that for the purposes of this clause, the Customer shall be deemed to be
- a Consumer who is a citizen or resident of an EU Member State, or
- a business which is established in a Member State and which purchases goods or services within the European Union exclusively for end use.
The content on the Website and our correspondence and other communications with you will be mainly in Hungarian and we are not obliged to correspond/telephone with the Customer in the language of the Customer's choice.
Transfer of risk
If the Customer is a Consumer (see definitions in Annex I) and the Webshop undertakes to deliver the Product(s) to the Consumer, the risk of loss passes to the Customer when the Customer or a third party designated by the Customer takes possession of the Product(s). The risk of loss or damage shall pass to the Customer upon delivery to the carrier if the carrier has been engaged by the Customer, provided that the carrier has not been recommended by the Webshop.
6. INFORMATION ON THE RIGHT OF WITHDRAWAL AND THE RULES FOR EXERCISING IT
Consumer's right of withdrawal
Important information: the rights listed in this section are reserved to Purchasers who are consumers (hereinafter referred to as "Consumer" - see also the Definitions in Annex I). Accordingly, companies, institutions, associations, etc. (legal persons) may not exercise the right of withdrawal set out below.
Pursuant to Article 20 of Government Decree No. 45/2014 (26.II.), the Consumer has the right to withdraw from the contract for the sale of the Product.
a) Product,
b) in case of supply of several Products, the last Product supplied,
c) in the case of a Product consisting of several lots or pieces, the last lot or piece delivered,
d) if the Product is to be supplied regularly within a specified period, the first supply,
to withdraw from the contract without giving any reason within fourteen (14) days of the date of receipt of the Product by the Consumer or a third party other than the carrier and indicated by the Consumer.
The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the Product.
Exclusion of the Consumer's right of withdrawal
The Consumer shall not have the right of withdrawal in the following cases:
(a) in the case of a contract for the provision of a service, after the whole of the service has been provided, if the undertaking has begun the provision of the service with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the whole of the service has been provided;
b) in respect of a product or service whose price or charge is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period specified in Article 20(2);
c) in the case of a product which is not prefabricated and which has been produced on the instructions or at the express request of the consumer or a product which is clearly personalised for the consumer;
(d) in respect of perishable products or products which keep their quality for a short period (e.g. fresh food, hot food);
(e) a product in a sealed package which, for health or hygiene reasons, cannot be returned after opening after delivery. The return of such products cannot be expected from the Webshop if the Consumer has already opened the packaging directly protecting the product and/or has started to use it as intended, since in such cases it cannot be excluded that the product has been in contact with the human body or body fluids or bacteria, and the hygiene or health quality of the product can therefore no longer be guaranteed. If the Consumer has not yet started to use these products covered by the exception rule, i.e. has not yet opened the packaging directly protecting the product, he may exercise his right of withdrawal in accordance with the general rules.
(f) in respect of a product which, by its nature, is inseparably mixed with other products after the transfer;
(g) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is not performed until 30 days after the date of conclusion;
(h) in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
(i) for the sale of a copy of a sound or video recording or of computer software in sealed packaging, where the consumer has opened the packaging after delivery;
j) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
(k) contracts concluded at public auction;
(l) a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where a deadline or period for performance has been fixed in the contract;
(m) in respect of digital content provided on a non-tangible medium, where the undertaking has commenced performance with the consumer's express prior consent and the Consumer has, at the same time as giving that consent, acknowledged that he has lost his right of withdrawal once performance has begun.
If the Consumer nevertheless wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (for example, by post or by electronic mail) to the Webshop using the contact details indicated in clause 4 of these GTC. For this purpose, the Consumer may also use the model withdrawal form attached to the order confirmation e-mail or available in Annex IV at the end of these GTC.
Rules on the procedure for exercising the right of withdrawal
When is the exercise of the right of withdrawal valid?
In the case of a written withdrawal, it is deemed to be valid within the time limit if the Consumer sends his/her declaration to the Webshop within 14 calendar days (up to the 14th calendar day). If the Consumer sends his notice of withdrawal by post, the date of posting shall be taken into account by the Webshop for the calculation of the time limit, if by e-mail, the date of sending the e-mail shall be taken into account by the Webshop for the calculation of the time limit. It is recommended that the Consumer sends his letter by registered mail in order to provide credible evidence of the date of dispatch, in particular with regard to the following (burden of proof).
Which party has the burden of proof?
The burden of proving that the Consumer has exercised his right of withdrawal in accordance with the provisions set out in this point (point 6) shall lie with the Consumer.
What must the Webshop do after the Consumer has exercised his right of withdrawal?
The Webshop must acknowledge receipt of the Consumer's withdrawal by e-mail within a reasonable period, in particular if the Consumer has submitted his/her withdrawal by the means provided on the Website (e.g. by means of a web form).
What should the Consumer do after sending his/her withdrawal?
In the event of withdrawal, the Consumer must return the ordered Product to the return address indicated by the Webshop on the Website without undue delay, but no later than 14 days from the date of communication of his/her withdrawal. The deadline is deemed to have been met if the Consumer sends (posts or delivers to the courier service ordered by the Consumer) the Product before the expiry of the 14-day deadline.
Who is responsible for the cost of returning the goods?
The costs of returning the Product to the address of the Webshop are borne by the Consumer, unless the Webshop has agreed to bear these costs. However, the Webshop does not assume the responsibility for the return shipment or the cost of returning the Product from the Consumer. The Webshop will not accept parcels returned by cash on delivery or postage paid. The Consumer shall not be charged any costs other than the cost of returning the Product in connection with the withdrawal.
The Consumer may be liable for the loss of value of the Product in the event of withdrawal
The Consumer may be held liable for depreciation of the Product only if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the Product. The Webshop may therefore claim compensation for the depreciation of the Product resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the Product, or for its reasonable costs.
How long does the Webshop have to refund the purchase price and what elements of the purchase price in the event of withdrawal by the Consumer?
If the Consumer withdraws from the contract, the Webshop will reimburse all the consideration paid by the Consumer (price of the Product), including the transport (delivery) costs, without delay and at the latest within 14 days of receipt of the Consumer's notice of withdrawal, except for any additional costs incurred because the Consumer has chosen a transport method other than the cheapest usual transport method offered by the Webshop.
When will we keep the refund?
The Webshop is entitled to withhold the refund until it has received the Product back or the Consumer has provided credible proof that it has been returned: whichever is the earlier.
How do we pay the Consumer the refund?
The payment method used by the Webshop for the refund will be the same as the payment method used for the original transaction, unless the Consumer explicitly agrees to a different payment method, for example, by providing his/her bank account number and the name of the beneficiary on the cancellation form. No additional costs are incurred by the Consumer as a result of using such a refund method.
The quickest and safest way to obtain a refund is by bank transfer, so we strongly recommend that you opt for a bank transfer when withdrawing.
If you would like to receive your refund as quickly as possible by bank transfer, please do not forget to include your bank account number in your cancellation notice or (e-mail) letter to us.
How do we check the returned package in case of cancellation or exchange?
Once the parcel has been received by our company, the opening of the parcel and the examination of the returned product will be recorded by video camera. This is necessary to avoid any possible misunderstandings at a later stage (for example, that the returned product was damaged, used, dirty or incomplete).
7. INFORMATION ON GUARANTEES, PRODUCT WARRANTIES AND GUARANTEES
Information on the various warranty rights, product warranty and guarantee is given in Annex VI.
8. HOW CAN YOU ENFORCE YOUR RIGHTS?
Complaint handling
When can you complain?
You may complain to the Website about the conduct, actions or omissions of the Website and of any person acting for or on behalf of the Website directly related to the marketing or sale of the Product(s) to you.
How can you make a complaint?
You can make your complaint orally or in writing.
Where can you complain?
You can make a consumer complaint about the Product or the sales of the Website, in particular directly to the contact details set out in point 4.
Oral complaints
Rules for investigating an oral complaint
The Webshop is obliged to investigate promptly and, if it has the possibility to do so, to remedy the complaint as necessary. If you do not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Webshop will keep a record of the complaint.
Rules on the record
In the case of a verbal complaint made by telephone or other electronic communication service, the Webshop will send you a copy of the record at the latest at the same time as the substantive reply, but no later than 30 days.
The Webshop must keep a copy of the record of the complaint for three years from the date of the complaint and present it to the supervisory authorities.
Complaints recorded by telephone or other means of communication shall be provided with a unique identifier by the Webshop, which will facilitate the subsequent tracing of the complaint.
In general, when processing a verbal complaint, the Shop will follow the rules for written complaints.
Written complaint
The Webshop will respond to the complaint received in writing within 30 days and will arrange for its communication.
If the complaint is rejected, the Webshop will inform you of the reasons for the rejection. If the complaint is rejected, the Webshop shall inform you in writing of the authority or conciliation body to which you can refer your complaint, depending on its nature. The information must also include the location, telephone and Internet contact details and postal address of the competent authority or conciliation body in your place of residence or stay. The information must also indicate whether the Webshop will use the conciliation procedure to settle the consumer dispute.
Other means of redress
If any consumer dispute between the Webshop and the Customer is not settled in the course of negotiations with the Webshop, the Customer, who is a consumer, may apply to the conciliation body competent for the place of his/her residence or domicile and initiate the procedure of the body, or may apply to the conciliation body competent for the place of the Webshop's registered office, and the following enforcement options are available to the Customer:
- Conciliation Body procedure
- Complaint to the consumer protection authority
- Complaints to the Consumer Protection Office, the Consumer Ombudsman
- Initiate court proceedings
In detail:
Complaining to the consumer protection authority
If you believe that your consumer rights have been infringed, you can complain to the consumer protection authority in your country of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection action. The consumer protection authority will act on request or on its own initiative to investigate the market conduct of the Webshop from a consumer protection point of view. However, your individual case will be dealt with by the conciliation body, i.e. the consumer protection authority will refer the applicant's case to the conciliation body.
Dispute settlement via the European Union's online dispute settlement platform
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
In the event of a consumer dispute relating to an online sales contract, consumers can settle their disputes, including cross-border disputes, electronically by submitting an electronic complaint through the online platform available via the link above.
To do so, consumers simply register on the online platform available at the link above, fill in a request form in full and submit it electronically to the conciliation body via the platform. This makes it easy for consumers to enforce their rights, despite the distances involved.
Government offices are designated as the general consumer protection authorities. The contact details of the government offices are: https://www.kormanyhivatal.hu/hu/elerhetosegek
Initiation of conciliation panel proceedings
Contact details of conciliation bodies:
http://www.bekeltetes.hu/index.php?id=testuletek
If the Webshop rejects the Consumer's complaint, the Consumer is also entitled to apply to the conciliation body competent for his/her place of residence or stay. In order to initiate the conciliation body's procedure, the Consumer must attempt to settle the dispute directly with the Webshop.
For the purposes of the rules applicable to the conciliation body, a Consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise within the meaning of a separate law, who buys, orders, receives, uses, makes use of goods or is the addressee of a commercial communication or offer relating to goods.
The conciliation body is competent to settle consumer disputes out of court. The conciliation body shall have the task of attempting to reach an agreement between the Webshop and the Consumer with a view to settling the consumer dispute. If this is unsuccessful, it shall decide on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the Consumer or the Shop, advise on the rights of the Consumer and the obligations of the Consumer.
The conciliation panel shall act at the request of the Consumer. The request must be submitted in writing to the chairman of the conciliation body. The requirement of written form may also be satisfied by letter, telegram, telex or telefax, or by any other means which enables the recipient to store the data addressed to him permanently for a period of time adequate for the purpose for which the data were intended and to display the stored data in unchanged form and content.
The application must include:
- the consumer's name, residence or domicile,
- the name, registered office or place of business of the business involved in the consumer dispute,
- if the consumer has requested the replacement of the competent conciliation body by the competent conciliation body, the name of the body requested,
- a brief description of the consumer's position, the facts in support of it and the evidence in support of it,
- a statement by the consumer that the consumer has attempted to resolve the dispute directly with the undertaking concerned
- a declaration by the consumer that he has not initiated proceedings before any other conciliation body, that no mediation procedure has been initiated, that no application for a claim has been lodged or that no application for an order for payment has been presented,
- a motion for a decision of the panel,
- the signature of the consumer.
The application must be accompanied by the document or a copy (extract) of the document to the content of which the Consumer refers as evidence, in particular a written statement by the online store rejecting the complaint or, failing this, any other written evidence available to the Consumer that the required conciliation has been attempted. If the Consumer acts through an authorised representative, the authorisation shall be attached to the request.
The Webshop has a duty of cooperation in the conciliation procedure. In case of breach of this duty, the consumer protection authority has jurisdiction. The imposition of mandatory fines against unlawful conduct by webshops is mandatory and cannot be waived, including in the case of small and medium-sized enterprises.
The amount of the fine for small and medium-sized enterprises may range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises subject to the Accounting Act with an annual net turnover exceeding HUF 100 million, the fine may range from HUF 15,000 to 5% of the enterprise's annual net turnover, but not more than HUF 500 million.
As part of the procedure, it must send its reply to the conciliation body and ensure the participation of a person authorised to negotiate a settlement at the hearing. If the head office or establishment of the webshop is not registered in the county of the chamber of the competent territorial conciliation body, the obligation of cooperation of the business includes offering the possibility of a written settlement in accordance with the consumer's request.
The conciliation body will try to reach an agreement between the consumer and the business, failing which it will decide on the case. It is important to note that the consumer may only refer to the conciliation body in relation to the performance of his contract, i.e. his individual dispute, and not in relation to other matters falling within the competence of the consumer protection authority (e.g. misrepresentation, price indication, etc.), in which case the conciliation body will refer the matter to the consumer protection authority.
Contact details for each territorially competent Conciliation Body:
If any of the contact details have changed, you can check the latest contact details at the following link: http://www.bekeltetes.hu/index.php?id=testuletek
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Baranya Megyei Békéltető Testület |
Bács-Kiskun Megyei Békéltető Testület |
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Békés Megyei Békéltető Testület |
Borsod-Abaúj-Zemplén Megyei Békéltető Testület |
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Budapesti Békéltető Testület |
Csongrád Megyei Békéltető Testület |
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Fejér Megyei Békéltető Testület |
Győr-Moson-Sopron Megyei Békéltető Testület |
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Hajdú-Bihar Megyei Békéltető Testület |
Heves Megyei Békéltető Testület |
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Jász-Nagykun-Szolnok Megyei Békéltető Testület |
Komárom-Esztergom Megyei Békéltető Testület |
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Nógrád Megyei Békéltető Testület |
Pest Megyei Békéltető Testület |
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Somogy Megyei Békéltető Testület |
Szabolcs-Szatmár-Bereg Megyei Békéltető Testület |
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Tolna Megyei Békéltető Testület |
Vas Megyei Békéltető Testület |
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Veszprém Megyei Békéltető Testület |
Zala Megyei Békéltető Testület |
The Webshop has a duty of cooperation in the conciliation procedure.
Initiation of legal proceedings
If the Customer does not apply to the conciliation body or the procedure has not led to a result, the Customer may apply to court for the settlement of the dispute in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. The action must be brought by way of a statement of claim. The statement of claim must be accompanied by all documents, copies of which the Customer relies on as evidence.
The statement of claim must contain the following information:
- the competent court;
- the names, place of residence and status of the parties and their representatives;
- the right sought to be enforced, stating the facts on which it is based and the evidence in support of those facts;
- the particulars from which the jurisdiction and competence of the court may be derived;
- a request for a final decision of the court or tribunal.
9. OTHER PROVISIONS
Liability
The Customer may use the Website, the webshop interface solely at his/her own risk and accepts that the Webshop shall not be liable for any damages arising from the use of the Website, beyond the liability for intentional or criminal breach of contract, or for damages to life, body or health.
The Customer shall ensure that the use of the Website does not infringe the rights of third parties or the law, either directly or indirectly.
The Webshop has the right, but not the obligation, to monitor any content (e.g. comments) that the Customer may make available when using the Website, and the Webshop has the right, but not the obligation, to look for signs of illegal activity in respect of the content posted and shall not be liable for such signs.
The pages of the Webshop may contain links to pages of other Webshops. The Web Store is not responsible for the privacy practices or other activities of these service providers.
If the Customer detects any objectionable content on the Website, please notify the Webshop immediately. If the Webshop, in its good faith, finds the report to be justified, it is entitled to delete the information or to amend it without delay.
Copyrights and the consequences of infringing them
The Website as a whole, its graphic elements, text, articles and technical solutions written in blog posts and elements of the service are protected by copyright or other intellectual property rights. The Webshop is the copyright owner or the authorised user of all content, any copyright works or other intellectual works (including, but not limited to, all graphics, photos and other materials, the layout, editing, software and other solutions, ideas and implementations used) displayed in the Website and in the provision of the services available through the Website.
The saving or printing of the contents of the Website and parts thereof on physical or other media is permitted only for private use or with the prior written consent of the Website.
In the event of the use of the content specified above without permission, the Webshop shall be entitled to claim penalties and/or damages. The amount of the penalty is HUF 1000 per word and HUF 5000 per image. The Webshop shall use the services of a notary public for the documentation of copyright infringement. The notary is authorised to certify infringements committed on the Internet, so that copyright infringements recorded in the presence of a notary can be certified in public.
In addition to the rights expressly provided for in these GTC, the use of the Site and no provision of these GTC shall grant the Customer any right to use or exploit any trade name or trademark displayed on the Site.
The Webshop reserves all rights to all elements of its service, in particular to its domain name, the associated sub-domains, all other domain names reserved by the Webshop, its sub-sites and its Internet advertising spaces. Any activity aimed at delisting, organising, archiving, hacking or decrypting the source codes of the Webshop's database is prohibited, unless the Webshop has given its express written authorisation.
It is prohibited to modify, copy, insert new data or overwrite existing data by bypassing the interface or search engines provided by the Website without a separate agreement or without using the service provided for this purpose.
Data and information provided by users
The user of the Site is fully responsible for the information he/she provides to the Webshop by using the Site, including its content, its authenticity and any related copyrights. The user of the Website consents to the storage, statistical analysis and other commercial use, without prejudice to the protection of personal data, of the data and information provided by him/her, in any form and by any means, current or future, including all Content, audio and video, which you send, including through third parties.
Terms of waiver
Any waiver of any right is effective only upon express written notice to you. Failure by the Website to exercise any of its rights under these TOS shall not be deemed a waiver of such right.
10. UNILATERAL MODIFICATION OF THESE TERMS AND CONDITIONS, EXCLUSIONS
How can we modify these GTC?
The Webshop is entitled to unilaterally amend these Terms and Conditions by giving prior notice to the Customer on the Website. The amended provisions shall become effective for the Customer upon the first use of the Website after their entry into force and shall only apply to orders placed after the amendment. The amendment of the GTC shall not have retroactive effect.
Completeness of the contract, exclusions
These GTC and the information and other information available on the Website constitute the entire content of the contract between the Webshop and the Customer.
Contracts concluded on the basis of these GTC shall not include any custom or practice established between the Webshop and the Customer in their previous business relationship. Furthermore, contracts concluded on the basis of these GTC shall not include any custom or practice widely known and regularly applied in the relevant business sector by the parties to a contract of a similar nature.
Annex I
CONCEPTS
Parties: Webstore and Customer jointly
Consumer: a natural person acting outside the scope of his/her profession, self-employment or business activity who buys, orders, receives, uses, makes use of or is the addressee of commercial communications or offers relating to goods.
Important: proceedings before conciliation bodies may also be brought by persons outside the above definition of "Consumer", since in this narrow definition the term "consumer" is extended to include a non-governmental organisation, a religious person, a condominium, a housing association, a micro, small or medium-sized enterprise, acting for purposes outside its own profession or business activity, which buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer relating to goods.
Consumer contract: A contract to which one of the parties is a Consumer.
Website: the electronic platform operated by the Webshop on which the Contract is concluded.
Contract between the Consumer and the Webshop,
1. a guarantee for the performance of the contract, which the undertaking voluntarily assumes for the proper performance of the contract, in addition to its legal obligation or in the absence thereof, and
2. a statutory mandatory guarantee.
Contract: a contract of sale between the Webshop and the Customer concluded through the use of the Website.
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance selling system organised for the provision of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract.
Product(s): marketable movable item(s) for sale from the offer of the Website, which may be the subject of the Contract in the event of an order by the Customer.
Buyer: a person who enters into a Contract by making a purchase offer through the Website, which may be either a consumer or a non-consumer entity (legal person or other entity not qualified as such).
Webshop: a party to these GTC, an entity or an individual entrepreneur as defined in clause 4.
ANNEX II
Terms of delivery
Important: The terms and options contained herein are for information purposes only. Actual and current shipping rates for your specific order at the time of your order, a list of options and final shipping terms will be provided in the order summary interface and/or confirmation email(s) that appear during the order process and prior to the order being submitted.
GLS Courier Service
The GLS Courier Service takes care of the delivery of the Products you have ordered.
Foxpost
This service is mostly available in shopping centres, where you can collect the Products you have ordered from a parcel machine.
For more information: http://www.foxpost.hu/csomagatvetel-hogyan/
ANNEX III
Payment solutions
Important: The terms and options provided here are for information purposes only. For a list of the actual and current payment options for your specific order at the time of your order and the final payment terms, please refer to the information we provide during the ordering process and the order summary interface that appears before you place your order.
Bank transfer
You may also pay the price of the Products in one of the usual ways, by bank transfer. Please be sure to enter the order ID in the "Notice" field of the bank transfer. The order ID will be included in the confirmation email. Please always check the bank account number you have entered several times and compare it with the bank account details at the beginning of the GTC (point 4), as you are responsible for any incorrect bank transfers.
Cash on delivery
If you wish to pay for the Product upon receipt, you may do so by selecting the "Cash on delivery" option. We reserve the right not to display this payment method in all cases on your specific order.
Cash or credit card payment upon personal collection
If the courier service or the parcel machine operator offers this option, you have the option to pay for your order by cash or credit card.
Simple bank transfer (OTP Group)
You can easily and securely pay for your Products by bank transfer through the OTP Simple online payment system.
For more information: https://www.otpsimple.hu/
Simple credit card payment (OTP Group)
The Simple Online Payment System is developed and operated by OTP Mobil Kft. OTP Mobil Ltd. is a member of the OTP Group.
Customers using the service can choose Simple's simple and secure payment solution for online purchases. They can then make their payment in the usual way through the Simple interface.
The payment process is the same as that offered by banks in a similar service. Throughout the service, Simple monitors transactions to ensure the safety of the user and cardholder and helps to prevent unexpected events.
Mastercard, Maestro, Visa, Visa Electron, American Express.
MasterCard, Visa, American Express, Visa, American Express, Visa, American Express, Visa, etc.
1.By clicking on the "Pay" button, you will be redirected to the Simple payment page, where you can start the transaction by entering your credit card details.
2. Once you have entered your card details, please check that they are correct.
3. The transaction will start processing in the bank's processing systems.
4. You will also be notified of the payment result via e-mail and Simple's system will redirect you back to the webshop page.
What to look out for when paying by credit card?
- For cardholders, online payments are free of charge, as are payments at a traditional POS terminal.
- You can now pay online with your Maestro card. Please contact your issuing bank for details.
- Card issuers protect the interests of cardholders, so if you make a purchase with your card and the merchant does not deliver, you can lodge a complaint with your issuing bank and, if it is justified, you will get your money back.
- To identify the cardholder, you will find a 3-digit verification code - also known as CVC2 or CVV2 - in the signature panel of the card (the 3-digit verification code is found after the card number and its last four digits). Please handle this code with the same care as the PIN code.
Safety advice
- You can increase security by requesting an SMS service from your bank, which will notify you immediately of any changes to your account.
- Please never give out your four-digit PIN code when withdrawing cash or making a purchase online, and make sure that you do not give out your card number and expiry date to unauthorised persons.
- Always log out of the website after making a purchase or payment. This is particularly important if you are using a computer that is used by someone else. In order to protect your data, we recommend that you shop from your own computer and avoid public internet cafés and hotspots.
- Pay close attention when checking your data by e-mail, as it is becoming increasingly common in Western Europe and the United States for unauthorised persons to try to obtain data by e-mail.
- For more information: https://www.simple.hu/Fooldal
ANNEX IV
Withdrawal declaration sample
Only in the event of withdrawal from the contract, please fill in and return to one of the contact details below.
Webshop details:
Company name: Berényi Attila e.v.
Seat address: 1149 Budapest, Róna u. 105/a
E-mail: hello@soldeli.hu
Tax number: 55398017-1-42
The undersigned declare that I/we exercise my/our right of withdrawal in respect of the contract concluded with the Webshop for the purchase of the following product(s):
Order number:...................................................................
Product name:................................................................
Date of conclusion of contract / date of receipt:
Name of the consumer(s) exercising the right of withdrawal:..........................................................................................
Address of the consumer(s) exercising the right of withdrawal:.........................................................................................
...........................................................................................................................
The quickest and safest way to get your money back is by bank transfer, so we strongly recommend that you choose bank transfer when withdrawing! If you want your refund to be paid as quickly as possible by bank transfer, please do not forget to fill in this section!
By providing the following details, you agree that the final amount paid by you will be refunded to you by means of a bank transfer:
Beneficiary name:..............................................
Bank account number:..............................................................
Your email address provided at the time of purchase/registration: ...................................................................
Date ........... ....................year............................month.................day
............................................................................................................................
Signature of the consumer(s)
(please sign only if you are sending it to us by post)
ANNEX V
INFORMATION ON THE RIGHT OF WITHDRAWAL
Consumer's right of withdrawal
Important information: the rights listed here are reserved to Purchasers who are consumers (hereinafter referred to as "Consumer" - see also the Definitions in Annex I). Accordingly, companies, institutions, associations, etc. (legal persons) may not exercise the right of withdrawal set out below.
Pursuant to Article 20 of Government Decree No. 45/2014 (26.II.), the Consumer has the right to withdraw from the contract for the sale of the Product.
e) Product,
f) in case of supply of several Products, the last Product supplied,
g) in the case of a Product consisting of several lots or pieces, the last lot or piece delivered,
(h) where the Product is to be supplied regularly within a specified period, the first supply,
to withdraw from the contract without giving any reason within fourteen (14) days of the date of receipt of the Product by the Consumer or a third party other than the carrier and indicated by the Consumer.
The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the Product.
Exclusion of the Consumer's right of withdrawal
The Consumer shall not have the right of withdrawal in the following cases:
(n) in the case of a contract for the provision of a service, after the whole of the service has been provided, if the undertaking has begun the provision of the service with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the whole of the service has been provided;
(o) in respect of a product or service the price or price of which is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period specified in Article 20(2);
p) in the case of a product which is not prefabricated and which has been produced on the instructions or at the express request of the consumer or a product which is clearly personalised for the consumer;
(q) perishable products or products which retain their quality for a short period (e.g. fresh food, hot food);
r) in respect of a product in a sealed package which, for health or hygiene reasons, cannot be returned after opening after delivery. The return of such products cannot be expected from the Webshop if the Consumer has already opened the packaging directly protecting the product and/or has started to use it for its intended purpose, since in such cases it cannot be excluded that the product has been in contact with the human body or body fluids or bacteria, and the hygiene or health quality of the product can therefore no longer be guaranteed. If the Consumer has not yet started to use these products covered by the exception rule, i.e. has not yet opened the packaging directly protecting the product, he may exercise his right of withdrawal in accordance with the general rules.
(s) in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
(t) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations beyond the undertaking's control and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is to be performed only after the 30th day following the day of conclusion;
(u) in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
(v) for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
w) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
(x) contracts concluded at public auction;
(y) a contract for the provision of accommodation, transport, car hire, catering or leisure activities, other than a contract for the provision of a dwelling, where a deadline or period for performance has been fixed in the contract;
(z) in respect of digital content provided on a non-tangible medium, where the undertaking has commenced performance with the consumer's express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he has lost his right of withdrawal once performance has begun.
If the Consumer still wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (for example, by post or electronic mail) to the Webshop using the contact details indicated in section 4 of these GTC. For this purpose, the Consumer may also use the model withdrawal form attached to the order confirmation e-mail or available in Annex IV at the end of these GTC.
Rules on the procedure for exercising the right of withdrawal
When is the exercise of the right of withdrawal valid?
In the case of a written withdrawal, it is deemed to be valid within the time limit if the Consumer sends his/her declaration to the Webshop within 14 calendar days (up to the 14th calendar day). If the Consumer sends his notice of withdrawal by post, the date of posting shall be taken into account by the Webshop for the calculation of the time limit, if by e-mail, the date of sending the e-mail shall be taken into account by the Webshop for the calculation of the time limit. It is recommended that the Consumer sends his letter by registered mail in order to provide credible evidence of the date of dispatch, in particular with regard to the following (burden of proof).
Which party has the burden of proof?
The burden of proving that the Consumer has exercised his right of withdrawal in accordance with the provisions set out in this clause (point 6) shall lie with the Consumer.
What must the Webshop do after the Consumer has exercised his right of withdrawal?
The Webshop must acknowledge receipt of the Consumer's withdrawal by e-mail within a reasonable period, in particular if the Consumer has submitted his/her withdrawal by the means provided on the Website (e.g. by means of a web form).
What should the Consumer do after sending his/her withdrawal?
In the event of withdrawal, the Consumer must return the ordered Product to the return address indicated by the Webshop on the Website without undue delay, but no later than 14 days from the date of communication of his/her withdrawal. The deadline is deemed to have been met if the Consumer sends (posts or delivers to the courier service ordered by the Consumer) the Product before the expiry of the 14-day deadline.
Who is responsible for the cost of returning the goods?
The costs of returning the Product to the address of the Webshop are borne by the Consumer, unless the Webshop has agreed to bear these costs. However, the Webshop does not assume the responsibility for the return shipment or the cost of returning the Product from the Consumer. The Webshop will not accept parcels returned by cash on delivery or postage paid. The Consumer shall not be charged any costs other than the cost of returning the Product in connection with the withdrawal.
The Consumer may be liable for the loss of value of the Product in the event of withdrawal
The Consumer may be held liable for depreciation of the Product only if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the Product. The Webshop may therefore claim compensation for the depreciation of the Product resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the Product, or for its reasonable costs.
How long does the Webshop have to refund the purchase price and what elements of the purchase price in the event of withdrawal by the Consumer?
If the Consumer withdraws from the contract, the Webshop will reimburse all the consideration paid by the Consumer (price of the Product), including the transport (delivery) costs, without delay and at the latest within 14 days of receipt of the Consumer's notice of withdrawal, except for any additional costs incurred because the Consumer has chosen a transport method other than the cheapest usual transport method offered by the Webshop.
When do we keep the refund?
The Webshop is entitled to withhold the refund until it has received the Product back or the Consumer has provided credible proof that it has been returned: whichever is the earlier.
How do we pay the Consumer the refund?
The payment method used by the Webshop for the refund will be the same as the payment method used for the original transaction, unless the Consumer explicitly agrees to a different payment method, for example, by providing his/her bank account number and the name of the beneficiary on the cancellation form. No additional costs are incurred by the Consumer as a result of using such a refund method.
The quickest and safest way to obtain a refund is by bank transfer, so we strongly recommend that you opt for a bank transfer when withdrawing.
If you would like to receive your refund as quickly as possible by bank transfer, please do not forget to include your bank account number in your cancellation notice or (e-mail) letter to us.
How do we check the returned package in case of cancellation or exchange?
Once the parcel has been received by our company, the opening of the parcel and the examination of the returned product will be recorded by video camera. This is necessary to avoid any possible misunderstandings at a later stage (for example, that the returned product was damaged, used, dirty or incomplete).
ANNEX VI
INFORMATION ON WARRANTY AND GUARANTEE RIGHTS
If you have any questions about your warranty rights, please contact our customer service using the contact details provided in the CONTACT section.
You may exercise the rights set out in this notice if the Webshop has failed to perform its obligations to you.
Defective performance means that the service (the Product) provided by the Webshop does not meet the quality requirements laid down in the Contract or by law.
Importantly, the Webshop has not performed incorrectly if you knew or ought to have known of the defect at the time you concluded the contract (e.g. in the case of a Product that is of a lower quality).
The service provided by the Webshop (the Product or other related services) is deemed to be in conformity with the contract if the following conditions are met:
(a) it must correspond to the description, quantity, quality, type and have the functionality, compatibility, interoperability and other characteristics specified in the contract;
(b) be fit for any purpose specified by the consumer, which the consumer has made known to the webshop at the latest at the time of the conclusion of the contract and which the undertaking has accepted;
(c) have all the accessories, instructions for use, including installation instructions, installation instructions and customer support as specified in the contract; and
(d) provide upgrades as specified in the contract.
A further condition for contractual performance is that the Product or other services of the Webshop:
(i) be fit for the purposes required by law, technical standard or, in the absence of a technical standard, by the applicable code of conduct for the same type of service;
(ii) have the quantity, quality, performance and other characteristics which the consumer could reasonably expect, in particular in terms of functionality, compatibility, availability, continuity and security, which are normal for a service of the same type, taking into account any public statement, in particular in an advertisement or on a label, by the Webshop, its representative or any other person in the distribution chain, concerning the specific characteristics of the service;
(iii) have the accessories and instructions, including packaging and installation instructions, that the consumer could reasonably expect; and
(iv) comply with the characteristics and description of the service which the Webshop has provided as a sample, model or trial version prior to the conclusion of the contract.
Important: The service provided by the Webshop does not have to comply with the public statement referred to in (ii) if the Webshop demonstrates that
(a) it did not know, and had no reason to know, of the public statementb) the public statement has already been duly corrected by the time the contract is concluded; or
(c) the public statement could not have influenced the consumer's decision to conclude the contract.
Defective performance in the case of a contract for the sale of goods
The Webshop is in defective performance if the defect in the Product results from its improper installation, provided that
(a) the installation forms part of the contract of sale and was carried out by the webshop or under the responsibility of the webshop; or
(b) the installation had to be carried out by the consumer and the incorrect installation is the result of shortcomings in the installation instructions provided by the webshop or, in the case of goods containing digital elements, by the provider of the digital content or digital service.
Where the contract of sale provides that the goods (Product) are to be installed by the Webshop or installed under the responsibility of the Webshop, performance shall be deemed to be completed by the Webshop when the installation is completed.
Where, in the case of goods containing digital elements, the contract of sale provides for the continuous supply of digital content or digital services for a specified period, the online shop is liable for any defect in the goods in relation to the digital content or digital services, if the defect
(a) in the case of continuous supply for a period not exceeding two years, within two years of the completion of the goods; or
(b) in the case of a continuous service of more than two years, during the entire duration of the continuous service or becomes apparent during the entire period of the supply.
Warranty and guarantee relationship
Warranty and guarantee rights co-exist. The fundamental difference is that in the case of a warranty, the rules on the burden of proof are more favourable to the Consumer.
Defective performance
A Product is considered to be defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the characteristics described by the manufacturer.
Defective performance is not deemed to exist if the person entitled knew or ought to have known of the defect at the time of the conclusion of the contract.
In the case of a consumer contract, it shall be presumed, until the contrary is proved, that within one year after performance the defect which the Consumer knew existed at the time of performance, unless such presumption is incompatible with the nature of the thing or the nature of the defect.
Warranty for accessories
In the event of defective performance by the Webshop, you may assert a claim against the Webshop for the warranty of accessories in accordance with the rules of the Civil Code and Government Decree 373/2021 (30.6.20). In the case of a new product purchased under a consumer contract, you may assert your warranty claims during the 2-year limitation period from the date of receipt for product defects that existed at the time of delivery of the product. After the two-year limitation period, you can no longer enforce your warranty rights.
For used products, the limitation period may be shorter than 2 years. The Webshop offers a 1 year warranty on all Products sold by it, which means that you can claim your rights under the 1 year limitation period.
If the contract is not a consumer contract, the right holder may enforce his warranty claims within a limitation period of 1 year from the date of receipt.
You may pursue your warranty claim directly against the Webshop.
a) Subsidiary warranty claims
You may, at your option, request a repair or replacement, unless the claim of your choice is impossible or would impose a disproportionate additional cost on the Webshop compared to any other claim. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction of the price or you may have the defect repaired or replaced at the expense of the Webshop or, as a last resort, you may withdraw from the contract. There is no right of withdrawal for minor defects.
The time limit for repair starts to run on receipt of the goods.
You must notify the Webshop of the defect as soon as it is discovered, but no later than two months after the discovery of the defect.
You may transfer your right of choice to another warranty, but you must bear the cost of the transfer, unless it was justified or the Webshop gave a reason for it.
If you assert your warranty claim in respect of a part of the Product which is separable from the Product in respect of the defect indicated, the warranty claim shall not be deemed to be asserted in respect of the other parts of the Product.
b) Exemption of the Webshop from its obligation to provide accessories
Within 6 months (12 months in the case of goods and goods containing a digital element) of the performance of the contract, you may not invoke the warranty of the Product other than by stating the defect, provided that you prove that you have purchased the Product from the Webshop (by presenting an invoice or a copy of the invoice). In such a case, the Webshop will be exempted from the warranty only if it rebuts this presumption, i.e. if it proves that the defect in the Product arose after delivery to you.
If the Webshop can prove that the cause of the defect is attributable to you, it is not obliged to accept your warranty claim. However, after six months (12 months in the case of goods and goods containing digital elements) from the date of delivery, you will be obliged to prove that the defect which you discovered existed at the time of delivery.
Warranty rules for consumer contracts for the sale of goods
The Webshop may refuse to bring the goods into conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs for the Webshop, taking into account all circumstances, including the value of the service in its original condition and the seriousness of the breach of contract.
The consumer shall also be entitled to claim a proportionate reduction of the consideration or termination of the sales contract, in proportion to the seriousness of the lack of conformity, if
(a) the shop has not carried out the repair or replacement or has carried it out but has not fulfilled, in whole or in part, the conditions set out below or has refused to bring the goods into conformity with the contract;
(b) there has been a repeated failure of performance, despite the fact that the Webshop has attempted to bring the goods into conformity with the contract;
(c) the non-performance is of such a serious nature as to justify immediate price reduction or immediate termination of the sales contract; or
(d) the webshop has not undertaken to bring the goods into conformity with the contract or it is clear from the circumstances that the webshop will not bring the goods into conformity with the contract within a reasonable time or without significant detriment to the consumer.
If the consumer wishes to terminate the sales contract on the grounds of lack of conformity, the
Webshop shall bear the burden of proving that the lack of conformity is insignificant.
The consumer shall be entitled to retain the remaining part of the purchase price, in whole or in part, in proportion to the seriousness of the lack of conformity, until the webshop has fulfilled its obligations regarding the conformity of the performance and the lack of conformity.
The reasonable time limit for repair or replacement of the goods shall be calculated from the date on which the consumer has notified the business of the lack of conformity.
The consumer must place the goods at the disposal of the online shop in order for the repair or replacement to be carried out.
Conditions:
The Webshop must ensure the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the goods supplied as a replacement or repaired goods or the costs of removal or installation.
The reduction of the consideration is proportionate if it is equal to the difference between the value of the goods to which the consumer is entitled in the case of performance of the contract and the value of the goods actually received by the consumer.
The consumer's right of withdrawal from the contract of sale may be exercised by means of a statement of the law addressed to the online shop expressing the decision to withdraw.
If the lack of conformity affects only a specified part of the goods supplied under the sales contract and the conditions for exercising the right to terminate the contract are fulfilled in respect of those goods, the consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired with them if the consumer cannot reasonably be expected to keep only the goods which are in conformity with the contract.
Where the consumer terminates the sales contract in its entirety or, in accordance with the preceding paragraph, in respect of some of the goods supplied under the sales contract, he
(a) the consumer must return the goods concerned to the shop at the shop's expense; and
(b) the webshop must reimburse the consumer for the purchase price paid for the goods concerned as soon as it has received the goods or the proof of return of the goods.
Product Warranty
In the event of a defect in the Product (movable good), the Consumer, as a consumer, may, at his/her option, withdraw (see point 6) or claim under a product warranty.
However, you do not have the right to make both a warranty claim and a product warranty claim for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.
(a) Product warranty claims
As a product warranty claim, you may only request the repair or replacement of the defective product. You must prove that the product is defective in order to make a product warranty claim.
You have two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. Once this period has elapsed, you lose this right. You must notify the manufacturer of the defect without delay after discovering it. A defect notified within two months of the discovery of the defect shall be deemed to have been notified without delay. The consumer shall be liable for any damage resulting from the delay in notification.
b) Exemption from the producer's product liability
The producer or distributor shall be exempted from his product warranty obligations only if he can prove that:
- he has not manufactured or put the product into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer or distributor need only prove one ground for exemption.
Warranty
In the event of defective performance, the Webshop is obliged to provide a warranty for the sale of new consumer durables (e.g. technical goods, tools, machines) listed in Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables, as well as their accessories and components within the scope specified therein.
The (subject) scope of the Regulation covers only new products and applies only to products sold under a consumer contract concluded in Hungary and listed in the Annex to the Regulation.
Warranty rights may only be claimed by the Consumer who is a consumer.
The Webshop will inform you of the duration of the warranty period for each Product no later than by means of the information on the warranty card (warranty ticket) provided when the Product is received by the Customer.
The Webshop shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
Duration of the guarantee
- One year for a sale price of HUF 10 000 but not exceeding HUF 100 000,
- two years for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000,
- three years for sales above HUF 250 000.
Failure to comply with the above time limits shall result in forfeiture of rights. The warranty period does not include the part of the repair period during which you cannot use the Product as intended.
The warranty period starts on the date of delivery of the consumer goods to you or, if the installation is carried out by the Webshop or its agent, on the date of installation. If you put the consumer goods into service more than six months after delivery, the starting date of the guarantee period is the date of delivery of the consumer goods.
In the event of replacement (repair) of the Product or part of the Product, the warranty period will start again for the replaced (repaired) Product (part of the Product) and for the defect resulting from the repair.
Claims which may be asserted under a warranty
In the event of a defect covered by the warranty, you:
- in the first place, repair or replacement, at your option, unless the warranty claim of your choice is impossible to fulfil or would result in disproportionate additional costs for the Webshop compared to the fulfilment of the other warranty claim, taking into account the value of the Product in its original state, the seriousness of the breach of contract and the damage to your interests caused by the fulfilment of the warranty claim.
- if the Webshop has not undertaken to repair or replace the Product, cannot fulfil this obligation within a reasonable period of time to your detriment, or if your interest in repair or replacement has ceased, you may, at your option, claim a proportionate reduction of the purchase price, have the defect repaired or replaced by another party at the expense of the Webshop, or withdraw from the contract. There is no right of withdrawal for minor defects.
Defects precluding the enforcement of a warranty claim
Defects are not covered by the warranty if the cause of the defect occurred after the Product was delivered to you, for example:
- improper installation (unless the installation was carried out by the Webshop or its agent, or if the improper installation is due to a fault in the instructions for use)
- misuse, failure to observe the instructions in the instructions for use,
- incorrect storage, incorrect handling, damage,
- damage caused by natural disaster.
Procedure in the event of a warranty/guarantee claim (in the case of a Consumer Buyer)
You can also, at your choice, make a claim for repair directly to the Webshop's head office, any of its sites, branches or repair services indicated by the Webshop on the warranty ticket. You may submit your warranty claims to the Webshop using the contact details set out in point 4.
The burden of proof of the conclusion of the contract is on you (invoice, receipt).
The Webshop shall bear the costs of fulfilling the warranty obligation.
The Webshop is obliged to keep a record of the warranty or guarantee claim notified by you to it and to provide you with a copy of the record without delay and in a verifiable manner.
The repair or replacement must be carried out within a reasonable period of time, taking into account the characteristics of the Product and its intended use for which you expect it, and without prejudice to your interests.
If the Webshop is unable to declare the enforceability of a warranty or guarantee claim notified by you at the time of notification, it must notify you of its position within five working days in a verifiable manner.
The Webshop must keep the record for three years from the date of its recording and present it to the supervisory authority.
The Webshop will endeavour to carry out the repair or replacement within a maximum of 15 days. If the repair or replacement takes longer than fifteen days, the Webshop must inform you of the expected duration of the repair or replacement. This information shall be provided, subject to your prior consent, by electronic means or by any other means which provides proof of receipt by the consumer.
If it is not possible to replace the Product, the Webshop must refund the purchase price indicated on the invoice or receipt presented by you within eight days. The eight-day time limit starts to run after the expiry of the 30-day time limit for rectification without result.
Other rules on repair in the case of a compulsory guarantee
In the contract between the Consumer and the business, the parties may not conclude an agreement to the detriment of the Consumer other than the provisions of Government Decree 45/2014 (26.II.).
If during the warranty period:
a) the first time the Product is repaired, the Webshop determines that the Product cannot be repaired, the Webshop is obliged to replace the Product within eight days, unless the Consumer has provided otherwise,
(b) the Product fails again after three attempts to repair it, unless you have agreed otherwise or unless you request a proportionate reduction of the purchase price and you, as the consumer, do not wish to have the consumer goods repaired or replaced at the expense of the Webshop, the Webshop shall replace the Product within eight days,
(c) if the Product is not repaired within 30 days of the date on which the request for repair is communicated to the Webshop, the Webshop shall, unless you have provided otherwise, replace the Product within eight days of the expiry of the 30-day period without result.
If the consumer goods are defective for the fourth time, you are entitled to ask the Webshop to repair the goods, or to request the Webshop to reduce the purchase price proportionately, or to repair the goods at the expense of the Webshop. If you do not exercise these rights or have not made a declaration to this effect, the Webshop must replace the goods within 8 days or, if this is not possible, refund the sales price indicated on the invoice or receipt within 8 days.
During the repair, only new parts may be installed in the Product.
If the Webshop fulfils its warranty or guarantee obligations in a way other than the right you wish to enforce, the reasons for this must be stated in the report.
In the event of replacement (repair) of the Product or part of the Product, the warranty period shall start anew for the replaced (repaired) Product (part of the Product) and for the defect resulting from the repair.
Requirement for replacement within three working days
If you make a replacement claim within three working days of the purchase (installation) due to a defect in the Product, the Webshop cannot claim disproportionate additional costs, but must replace the Product, provided that the defect prevents the Product from being used as intended.
Prohibition of parallel enforcement
You are not, however, entitled to make both a warranty claim and a guarantee claim or a product warranty claim for the same defect at the same time.
The warranty therefore does not affect your statutory rights, in particular your rights to claim for defects in accessories, product warranty and damages.
Dispute resolution
In the event of a dispute between the parties which cannot be settled amicably, you may initiate conciliation proceedings as indicated in point 8 of the GTC.
The Webshop shall not be liable or responsible for any damage resulting from faulty or negligent handling, excessive use or other than the specified use after the risk of damage has passed, or from other improper use of the Products.
CONCEPTS
Goods: movable things, including water, gas and electricity in containers, cylinders or otherwise in limited quantities or of a specified capacity, and goods containing digital batteries (the same as Products in the Contract);
Goods incorporating digital elements (Product): movable property that incorporates or is connected to digital content or digital services in such a way that, in the absence of the digital content or digital services concerned, the Goods would not be able to fulfil their functions;
Digital environment: the hardware, software and network connections used by consumers to access or use digital content or services;
digital service:
(a) a service that enables a consumer to create, manage, store or access digital information; or
(b) a service that enables the sharing of or other interaction with digital data uploaded or created by the consumer and other recipients of the service;
Digital content: data produced or supplied in digital form;
consumer: a consumer as defined in the Civil Code;
Functionality: the ability of a good, digital content or digital service containing digital elements to perform the functions for which it is intended;
Manufacturer: the producer of the product, or in the case of an imported product, the importer who imports the product into the territory of the European Union, and any person who, by affixing his name, trade mark or other distinguishing mark to the product, identifies himself as the manufacturer;
Integration: the combining and incorporation of digital content or a digital service with the various components of the consumer's digital environment in such a way that the digital content or digital service can be used in accordance with the requirements for contractual performance;
Interoperability: the ability of a good, digital content or digital service containing digital elements to work with hardware and software that is different from that with which goods, digital content or digital services of the same type are normally used;
Guarantee: a guarantee for the performance of a contract under the Civil Code, which the undertaking voluntarily assumes for the proper performance of the contract, in addition to its statutory obligation or in the absence thereof;
Compatibility: the ability of goods, digital content or digital services containing digital elements to work with hardware or software with which goods, digital content or digital services of the same type are commonly used, without the need for modification;
Personal data: personal data as defined in Article 4(1) of the General Data Protection Regulation;
Durability: the ability of a product to retain its required functions and performance under normal use;
'Durable medium' means any device which enables a consumer or a business to store data addressed personally to him in a way that is accessible in the future, for an appropriate period of time for the purposes for which the data were intended and to display the stored data in an unaltered form;
Free of charge: without payment of the necessary costs incurred in order to make the goods, digital content or digital service contractually valid, in particular postage, transport, labour or materials;
Undertaking: an undertaking as defined in the Civil Code, including a person acting in the name or on behalf of an undertaking;
Purchase price: the consideration payable for the goods and for the supply of digital content or the provision of a digital service.