Welcome to HungarianDeliShop.
These terms of service outline the rules and regulations for the use of HungarianDeliShop’s Website.
HungarianDeliShop operated by Zamat-sziget Kft. is located at: Rákóczi u. 19., 2161 Csomád, Hungary
By accessing this website we assume you accept these terms of service in full. Do not continue to use HungarianDeliShop’s website if you do not accept all of the terms of service stated on this page.
The following terminology applies to these Terms of Service (General Terms and Conditions, “GTC”, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Hungary. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By using HungarianDeliShop’s website you consent to the use of cookies in accordance with HungarianDeliShop’s privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, HungarianDeliShop and/or it’s licensors own the intellectual property rights for all material on HungarianDeliShop. All intellectual property rights are reserved. You may view and/or print pages from hungariandelishop.com for your own personal use subject to restrictions set in these terms of service.
You must not:
Republish material from hungariandelishop.com
Sell, rent or sub-license material from hungariandelishop.com
Reproduce, duplicate or copy material from hungariandelishop.com
Redistribute content from HungarianDeliShop (unless content is specifically made for redistribution).
User Comments
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website.
HungarianDeliShop does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of HungarianDeliShop, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws HungarianDeliShop shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
HungarianDeliShop reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to HungarianDeliShop a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms of purchase at our shop
Concepts
Parties: Seller and Buyer jointly
Consumer: a natural person acting outside his profession, self-employment or business
Consumer contract: a contract in which one of the subjects qualifies as a consumer
Website: this website, which is used to conclude the contract
Contract: A contract of sale between the Seller and the Buyer using the Website and electronic mail
Means of communication in absentia: a means of making a contractual statement in the absence of the parties with a view to concluding a contract. Such a device includes, in particular, the addressee or unaddressed form, the standard letter, the advertisement published in the press product with the order form, the catalog, the telephone, the fax and the Internet access device.
Absentee contract: a consumer contract concluded under a distance selling system organized for the provision of a contract product or service without the simultaneous physical presence of the parties, using only a means of communication between the parties for the purpose of concluding the contract.
Product: all movable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
Entrepreneurship: a person acting in the course of his or her profession, self-employment or business
Buyer / You: the person concluding the contract making a purchase offer through the Website
Warranty: In the case of contracts concluded between a consumer and a business (hereinafter: consumer contract), a warranty under the Civil Code for the performance of the contract, which the business voluntarily undertakes for the proper performance of the contract in addition to or without its legal obligation, and mandatory warranty
Relevant legislation
The provisions of Hungarian law shall apply to the Contract, and in particular the following legal acts shall apply:
1997 CLV. Consumer Protection Act
CVIII of 2001 Act on Certain Issues in Electronic Commerce Services and Information Society Services Act V of 2013 on the Civil Code
45/2014. (II.26.) On the detailed rules of contracts between the consumer and the business
19/2014 (IV.29.) NGM Decree on the procedural rules for the handling of warranty and guarantee claims for things sold under a contract between a consumer and a business
1999 LXXVI. Copyright Act
2011 CXX. Act on the Right to Information Self-Determination and Freedom of Information
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on taking action against unjustified territorial restrictions and other forms of discrimination based on the nationality, place of residence or place of establishment of the buyer in the internal market and Amending Regulations (EC) No 2004/394 and (EU) 2017/2394 and Directive 2009/22 / EC REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46 data protection regulation)
Scope and acceptance of the Terms and Conditions
The content of the contract concluded between us – in addition to the provisions of the relevant binding legal regulations – is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations of you and us, the conditions of concluding the contract, the terms of performance, the conditions of delivery and payment, the rules of liability, and the conditions of exercising the right of withdrawal.
The technical information required for the use of the Website, which is not included in these GTC, is provided by other information available on the Website.
You must read and accept the provisions of these GTC before finalizing your order.
The language of the contract, the form of the contract
The language of the contracts covered by these GTC is English.
Contracts falling within the scope of these GTC do not qualify as written contracts, they are not filed by the Seller.
Prices
Prices are in HUF and include 27% VAT. It cannot be ruled out that the Seller may change the prices for business policy reasons. Prices does not cover contracts already concluded. If the Seller has indicated the price incorrectly and an order has been received for the product, but the parties have not yet concluded a contract, the Seller shall act on the basis of the “Procedure incorrect price” clause of the GTC.
Unlike the above, some of our products may contain 5% and 18% VAT, respectively.
Procedure in case of incorrect price
The following are considered to be obviously incorrectly indicated prices: 0 HUF price,
the price reduced by the discount, but incorrectly indicating the discount (eg: in the case of a product with a value of EUR 100, the product offered for EUR 50 with the indication of the 20% discount).
In case of indicating an incorrect price, the Seller offers the possibility to purchase the product at a fair price, in the possession of which the Buyer may decide to order the product at a fair price or cancel the order without any adverse legal consequences.
Complaints handling and enforcement options
The consumer may submit consumer complaints related to the product or the Seller’s activities at the following contact details:
Phone: +36 70 5211898
Internet address: http://hungariandelishop.com
E-mail: shop@hungariandelishop.com
Entry in the buyer’s book. The Buyers’ Book is available at the Seller’s headquarters. The Seller will respond in writing to the entries written here within 30 days.
The consumer may communicate orally or in writing to the trader a complaint concerning the conduct, activity or omission of the trader or of a person acting in the interest of the trader in connection with the distribution or sale of the goods to consumers.
The company must investigate the oral complaint immediately and remedy it if necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the business shall immediately take minutes of the complaint and its position and provide a copy to the consumer on the spot in the event of an oral complaint. In the case of an oral complaint made by telephone or other electronic communications service, it shall be sent to the consumer at the latest within 30 days, in accordance with the requirements for the reply to the written complaint, at the same time as the substantive response. In other respects, you are required to proceed with the written complaint as follows. The undertaking shall reply to the written complaint in writing and take action to communicate it within thirty days of its receipt, unless otherwise provided by a directly applicable act of the European Union. A shorter deadline may be established by law, a longer deadline by law. The undertaking must state the reasons for rejecting the complaint. An oral complaint communicated by telephone or electronic communication service must be provided with a unique identification number.
The record of the complaint must include the following:
the name and address of the consumer;
the place, time and manner of submitting the complaint;
a detailed description of the consumer’s complaint, a list of documents, documents and other evidence presented by the consumer,
a statement by the business of its position on the consumer’s complaint, where it is possible to investigate the complaint immediately;
the signature of the person who took the minutes and, with the exception of an oral complaint made by telephone or other electronic means, by the consumer;
place and time of recording the minutes;
in the case of an oral complaint communicated by telephone or other electronic communications service, the unique identification number of the complaint.
The company must keep a record of the complaint and a copy of the reply for three years and present it to the inspection authorities on request.
If the complaint is rejected, the business must inform the consumer in writing which authority or conciliation body may initiate the complaint with its complaint. The information shall also include the registered office, telephone and internet contact details and postal address of the competent authority or of the conciliation body of the consumer’s place of residence or stay. The information shall also include whether the business has recourse to a conciliation panel procedure to resolve a consumer dispute. If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following enforcement options are open to the consumer.
Consumer protection procedure
Complaints to consumer protection authorities. If you notice a violation of the consumer’s consumer rights, you have the right to lodge a complaint with the competent consumer protection authority of your place of residence. Following the assessment of the complaint, the authority shall decide on the conduct of the consumer protection proceedings. The first-level consumer protection official tasks are performed by the capital city and county government offices competent according to the consumer’s place of residence, the list of which can be found here: http://www.kormanyhivatal.hu/
Judicial proceeding
The customer is entitled to enforce his claim arising from a consumer dispute in court in the framework of civil proceedings pursuant to Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. in accordance with the provisions of this Act.
Conciliation panel proceedings
We would like to inform you that you can file a consumer complaint against us. If your consumer complaint is rejected, you are also entitled to apply to the Conciliation Body competent for your place of residence or stay: the condition for initiating the Conciliation Body’s proceedings is that the consumer directly seeks to resolve the dispute with the business concerned. At the request of the consumer, the conciliation body designated in the consumer’s request shall be competent for the procedure, instead of the competent body.
The company has a duty to cooperate in the conciliation panel proceedings.
In this context, there is an obligation for undertakings to reply to the Conciliation Body’s call and an obligation to appear before the Conciliation Body (“ensuring the participation of the person authorized to reach an agreement at the hearing”).
If the registered office or premises of the company are not registered in the county of the chamber operating the territorially competent conciliation body, the obligation of the company to cooperate extends to offer the possibility of concluding a written agreement according to the needs of the consumer.
In the event of a breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines in the event of infringing conduct by undertakings as a result of a change in legislation, and there is no possibility of waiving fines. In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-sized Enterprises Act has also been amended, so that the imposition of fines will not be waived in the case of small and medium-sized enterprises either.
The amount of the fine may range from HUF 15,000 to HUF 500,000 in the case of small and medium-sized enterprises, while from HUF 15,000 in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million, 5% of the company’s annual net sales. but up to HUF 500 million. By introducing a mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of undertakings in conciliation proceedings.
The Conciliation Body is responsible for resolving consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute, failing which it will decide the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer’s rights and obligations.
The conciliation body’s proceedings are initiated at the consumer’s request. The request shall be made in writing to the chairperson of the conciliation body: the written requirement may be complied with by letter, telegram, telegraph or fax, and by any other means which allows the recipient to keep the data addressed to him permanently for the purpose of the data. , and display the stored data in an unchanged form and content. The application must include the name, place of residence or stay of the consumer;
the name, registered office or place of business of the business involved in the consumer dispute;
if the consumer designates the competent body instead of the competent conciliation body;
a brief description of the consumer’s position, the facts supporting it and the evidence thereof;
a statement by the consumer that the consumer has made a direct attempt to resolve the dispute with the business concerned;
a statement by the consumer that no other conciliation body has initiated proceedings in the case, no mediation proceedings have been initiated, no claim has been lodged or no application for a payment order has been lodged;
a motion for a decision of the panel;
the consumer’s signature.
The application shall be accompanied by the document or a copy (extract) of which the consumer refers to as evidence, in particular a written statement by the business rejecting the complaint or, failing that, any other written evidence available to the consumer to attempt the required consultation.
If the consumer acts through a proxy, the proxy must be attached to the application.
More information about the Conciliation Bodies is available here: http://www.bekeltetes.hu
More information on the territorially competent Conciliation Bodies is available here: https://bekeltetes.hu/index.php?id=testuletek
Online dispute resolution platform
The European Commission has set up a website where consumers can register, allowing them to settle their online shopping disputes by completing an application, avoiding litigation. In this way, consumers can assert their rights without, for example, being prevented from doing so by distance. If you want to make a complaint about a product or service you bought online and don’t necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader against whom you have lodged a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/
Copyrights
Act LXXVI of 1999 on Copyright. Pursuant to Section 1 (1) of Act no. The Szjt. Pursuant to Section 16 (1), the unauthorized use of graphic and software solutions, computer program works on the website, or the use of any application with which the website or any part thereof may be modified is prohibited. Any material may be taken over from the website and its database even with the written consent of the right holder only by referring to the website and indicating the source. The right holder: Zamat-saar Kft.
Partial invalidity, code of conduct
If any clause of the GTC is legally incomplete or invalid, the remaining clauses of the contract will remain in force and the provisions of the relevant legislation will apply instead of the invalid or incorrect part. The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers. Operation of digital data content, technical protection measures
The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is backed up regularly, so in case of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with adequate encryption, using hardware support built into the processor to encrypt it.
Information on the essential characteristics of the products
On the website, we provide information on the essential features of the products that can be purchased in the descriptions of each product.
Correction of data entry errors – Responsibility for the accuracy of the data provided
During the order, you have the opportunity to change the data you have entered before finalizing the order (clicking the back button in the browser will open the previous page, so you can correct the entered data even if you have already moved to the next page). Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the product will be invoiced or shipped based on the information you provide. Please note that an incorrect e-mail address or the storage space of the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract. If the Customer has finalized his order and discovers an error in the provided data, he must initiate the modification of his order as soon as possible. The Buyer may notify the Seller of the change of the erroneous order by sending a letter or telephone call from the e-mail address provided when ordering.
Use of the Website
Purchase is subject to registration.
Product purchase
The customer has the opportunity to choose or order from the products of the store. The customer can click on the selected product to view its detailed description. If you intend to purchase, you want to place the product you want to buy in a virtual basket by clicking the “Add to Cart” button. By clicking on the “View” button in the Cart, you will find the products placed in the cart during the purchase, as well as the total amount of the invoice and the delivery cost. Here they can check the correctness of their order, especially with regard to prices and quantities, which they can also modify or improve as required. The cart automatically calculates the total amount of the order.
Submit the order
If you think the quantity of products in your cart is correct, you have checked the total amount and decided that you want to buy them, you can simply click on the “Checkout” button. You can buy as a registered customer in our store, so you have two options: whether you want to log in as an already registered customer or you want to register as a new customer. If you have previously purchased from our store, enter the email address and password you provided during your previous registration. If you want to register as a new customer, enter your purchase information, which will be stored by the system, and you only need to log in the next time you make a purchase. For purchases without registration, enter your billing and shipping address. In the next step, choose the delivery method that suits you.
You will then need to choose a payment method that suits you. If you agree with the contents of the order, click the “Order” button to submit the order.
Finalizing the order
If you are sure that the contents of the shopping cart correspond to the products you want to order and that your details are correct, you can close your order by clicking on the “Order” button. The information provided on the website does not constitute an offer for the conclusion of a contract by the Seller. In the case of orders falling within the scope of these GTC, you are considered a bidder.
By clicking on the “Order” button, you expressly acknowledge that your offer is considered to have been made, and your statement – in case of confirmation by the Seller according to these GTC – entails an obligation to pay. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these general terms and conditions, you are released from the obligation of the offer.
Order processing, conclusion of the contract
You have the opportunity to place your order at any time. The Seller will confirm your offer by e-mail no later than the working day following the submission of your offer. The contract is created when the confirmation email sent by the Seller becomes available to you in your mail system.
Payment methods
PayPal online credit card payment
The PayPal Payment System is operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal, L-2449 Luxembourg.
Customers using the service can choose PayPal’s simple and secure payment solution for online purchases. You can then make your payment in the usual way on the PayPal interface.
The payment process is the same as the payment procedure offered by banks for a similar service. During the service, the user, thus keeping in mind the security of the cardholder, constantly monitors PayPal transactions and provides assistance in preventing unexpected events.
Transaction steps
Clicking on the “Payment” button will take you to PayPal’s payment page, where you will enter the transaction and enter the transaction.
After entering the card details, please check that the details are correct.
Transaction processing starts in the bank’s processing systems.
You will also be notified of the result of the payment by e-mail and the PayPal system will redirect you back to the web store page.
More information: https://www.paypal.com
Bank Transfer
You can also settle the price of the products by bank transfer.
Cash payment
You have the option to pay the price of the product and the delivery fee in cash upon receipt of the product.
Cash on delivery
If you want to settle the value of the order upon receipt of the package, select the “Cash on delivery” payment method.
Courier service
The product will be delivered by the DPD courier service if the order address falls out of our delivery area.
For more information, visit https://dpd.com
Completion date
The general delivery deadline for the order is a maximum of 30 days from the confirmation of the order. In the event of a delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller fails to perform within the additional period, the Buyer is entitled to withdraw from the contract.
Reservation of rights, ownership clause
If you have previously ordered a product without receiving it during delivery (excluding the case when you exercised your right of withdrawal), or the Product has not been returned to the seller with a sign, the Seller will fulfill the order in accordance with the purchase price and advance payment of transport costs.
Seller may withhold the delivery of the Product until it is satisfied that the price of the Product has been successfully paid using the electronic payment solution (including the case where the Buyer pays the purchase price and conversion in the currency of its Member State, and due to bank commissions and costs, the Seller does not receive the full amount of the purchase price and delivery fee). If the price of the Product has not been paid in full, the Seller may invite the Buyer to supplement the purchase price.
Sales abroad
Seller does not differentiate between buyers within the territory of Hungary and outside the territory of the European Union by using the Website. Unless otherwise provided in these GTC, the Seller shall ensure the delivery / receipt of the ordered products in the territory of Hungary.
The provisions of these GTC also apply to purchases outside Hungary, according to the provisions of the relevant regulation, a consumer who is a citizen of a Member State or resident in a Member State, or an undertaking established in a Member State, and purchases or uses goods or services within the European Union solely for end use. A consumer is a natural person who is acting for purposes which are outside his trade, business, craft or profession.
The language of communication and purchase is primarily English or Hungarian. The Seller is not obliged to communicate with the Buyer in the language of the Member State of the Buyer.
Seller is not obliged to comply with, or to inform Buyer of, non-contractual requirements, such as labeling or industry-specific requirements, relating to the Product in question under the national law of the Buyer’s Member State.
Unless otherwise provided by the Seller, it applies Hungarian VAT to all Products.
According to these GTC, the Buyer may exercise his / her right of enforcement.
If an electronic payment solution is used, the payment will be made in the currency specified by the Seller. . If the price of the Product has not been paid in full, the Seller may invite the Buyer to supplement the purchase price.
In order to deliver the Product, the Seller also provides the non-Hungarian customers with the transfer options available to Hungarian customers.
If the Customer may request the delivery of the Product to the territory of Hungary or to the territory of any other European Union Member State according to the GTC, the non-Hungarian customer may also request this by any of the delivery methods indicated in the GTC.
If the Buyer can choose to receive the Product in person at the Seller according to the GTC, the non-Hungarian buyer can also use this.
Otherwise, the Buyer may request that the delivery of the Product abroad be arranged at his own expense. Hungarian customers are not entitled to this right.
After the payment of the delivery fee, the Seller fulfills the order, if the Buyer does not pay the delivery fee to the Seller or does not solve his own delivery by the agreed date, the Seller terminates the contract and refunds the prepaid purchase price to the Buyer.
Consumer information on 45/2014. (II. 26.) Government Decree
Information on the consumer’s right of withdrawal for the buyer
As a consumer, the Civil Code. 8: 1. According to § 1, point 3, only a natural person acting outside the scope of his or her profession, self-employment or business activity is considered, so legal persons may not exercise the right of withdrawal without giving reasons.
The consumer is protected by 45/2014. (II. 26.) has the right to withdraw without justification. The consumer has the right of withdrawal
(a) in the case of a contract for the sale of a product
(aa) the product,
(ab) in the case of the sale of several products, if each product is supplied at different times, to the last product supplied,
it may be exercised within a period of 14 days from the date of receipt by the consumer or a third party other than the carrier designated by him.
Nothing in this point shall affect the consumer’s right to exercise the right of withdrawal provided for in this point between the date of conclusion of the contract and the date of receipt of the product.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before concluding the contract, which removes the obligation to make an offer covering the conclusion of the contract.
Statement of withdrawal, exercise of the consumer ‘s right of withdrawal or cancellation
The consumer in 45/2014. (II. 26.) may be exercised by means of a clear statement to that effect or by using a sample statement that can also be downloaded from the website. In the case of a written withdrawal, it is sufficient to send the statement of withdrawal within 14 days.
Validity of the consumer’s statement of withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer submits his declaration within the time limit. The deadline is 14 days.
It is for the consumer to prove that he/she has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer’s statement of withdrawal on an electronic data carrier upon its receipt.
Obligations of the Seller in the event of withdrawal by the consumer
Seller’s obligation to refund
If the consumer in 45/2014. (II. 26.), the Seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, such as the delivery fee. is. Please note that this provision does not apply to additional costs incurred by choosing a mode of transport other than the least expensive standard mode of transport.
Method of Seller’s Obligation to Refund
A 45/2014. (II. 26.) in case of withdrawal or termination in accordance with Section 22 of the Government Decree, the Seller shall refund the amount returned to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result. The Seller shall not be liable for any delay due to the bank account number or postal address provided incorrectly and / or inaccurately by the Consumer.
Additional costs
If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are obliged to refund up to the general shipping rates indicated.
Right of retention
The Seller may withhold the amount returned to the consumer until the consumer has returned the product or has proved beyond a reasonable doubt that it has been returned; the earlier of the two dates shall be taken into account. We are unable to accept shipments sent by cash on delivery or postage.
In the event of withdrawal or termination of the consumer ‘s obligations
Product return
If the consumer in 45/2014. (II. 26.), it is obliged to return the product immediately, but no later than within fourteen days from the notification of the withdrawal, or to hand it over to the Seller or the person authorized by the Seller to receive the product. Return shall be deemed to have been completed within the time limit if the consumer sends the product before the time limit expires.
Direct costs of returning the product
The consumer bears the direct cost of returning the product. The product must be returned to the Seller’s address. If, after the commencement of performance, the consumer terminates the contract for the provision of services outside the business premises or in absentia, he shall pay the business a fee proportionate to the service provided up to the date of notification to the business. The amount to be paid proportionally by the consumer shall be determined on the basis of the total amount of consideration fixed in the contract, plus tax. If the consumer proves that the total amount thus determined is excessive, the proportional amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to accept a product returned by cash on delivery or postage.
Consumer responsibility for depreciation
The consumer is liable for depreciation resulting from use in excess of that required to determine the nature, characteristics and functioning of the product.
The right of withdrawal may not be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal pursuant to Section 29 of Government Decree 45/2014 (II.26.) paragraph 1. in the cases referred to in:
in the case of a contract for the provision of a service, after performance of the service as a whole, where the business has commenced performance with the consumer’s express prior consent and the consumer has acknowledged that he loses his right of termination after performance of the service as a whole;
in respect of a product or service the price or fee of which cannot be influenced by the financial market undertaking, is subject to possible fluctuations during the period laid down for the exercise of the right of withdrawal;
in the case of a non-prefabricated product which has been produced on the consumer’s instructions or at his express request, or in the case of a product which is clearly personalized to the consumer;
in respect of a perishable or short-lived product;
in the case of a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
in respect of a product which, by its nature, is inseparably mixed with another product after transfer;
in the case of an alcoholic beverage the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed by the parties when the contract of sale was concluded, but which is not performed until the thirtieth day after its conclusion;
in the case of a business contract where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;
with regard to the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
in respect of newspapers, periodicals and periodicals, other than subscription contracts;
in the case of contracts awarded by public auction;
in the case of a contract for the provision of accommodation, transport, car rental, catering or leisure services, with the exception of a residential service, if a performance date or time limit specified in the contract has been set;
in the case of digital content provided on non-tangible media, where the business has commenced performance with the consumer’s express prior consent and the consumer has stated at the same time that he loses his right of withdrawal after the commencement of performance.
Supplies warranty, product warranty
This section of the consumer information was prepared pursuant to the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) Using Annex 3 of Government Decree 45/2014 (II.26.).
Supplies warranty
In what cases can you exercise your right to warranty for supplies?
In the event of faulty performance by the Seller, you may assert a warranty against the Seller in accordance with the rules of the Civil Code.
What rights do you have based on your supplies warranty claim?
You can choose to have the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice or it would incur a disproportionate additional cost to Seller in meeting your other demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the expense of the Seller, or repaired by someone else, or – ultimately – withdraw from the contract.
You may transfer from your chosen supply warranty to another, however, you will bear the cost of the transfer, unless it was justified or given by the Seller.
What is the deadline for you to enforce your warranty claim?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, please note that you may no longer exercise your warranty rights beyond the two-year limitation period from the performance of the contract.
If the subject of the contract between the consumer and the business is a second-hand item, the parties may agree on a shorter limitation period; a limitation period of less than one year may not be validly established in this case either.
Against whom can you enforce your warranty claim?
You can assert your warranty claim against the Seller.
What are the other conditions for enforcing your warranty rights?
Within six months of performance, there are no conditions other than the notification of the defect to enforce your warranty claim if you certify that the product or service was provided by Seller. However, after six months from the date of performance, you must prove that the defect you identified already existed at the time of performance.
In the case of used products, the warranty and guarantee rights develop differently from the general rules. In the case of used products, we can also talk about defective performance, but the circumstances on the basis of which the Buyer could expect certain defects to occur must be taken into account. Due to obsolescence, the occurrence of certain defects is becoming more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the Customer may only enforce its warranty rights in respect of defects that are beyond the defects arising from the use and have arisen independently of them. If the used product is defective and the Customer, who qualifies as the Consumer, was informed about it at the time of purchase, the Service Provider is not liable for the known defect.
Product warranty
In what cases can you exercise your product warranty rights?
In the event of a defect in a movable thing (product), you may – at your option – assert the warranty claim or the product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
In which case is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
What is the deadline for you to enforce your product warranty claim?
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall lose this entitlement.
Against whom and under what other conditions can you assert your product warranty claim?
You can only make a product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In which cases is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
the product was not manufactured or marketed in the course of his business, or;
the defect was not detectable at the time of placing on the market according to the state of the art or;
the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
Please note that due to the same error, you cannot claim a warranty for a product and a product warranty at the same time, in parallel.
However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or repaired part.
Warranty
In which case can you exercise your right to warranty?
151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) of the Government, the Seller is obliged to provide a warranty for the new durable consumer goods listed in Annex 1 of the Decree (eg: technical articles, tools, machines), as well as their accessories and components within the scope specified therein (hereinafter – at this point – together referred to as a consumer good).
What rights do you have under the warranty and within what period?
Warranty rights
You may, at your option, claim the following warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice or it would incur a disproportionate additional cost to Seller in meeting your other demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the expense of the Seller, or repaired by someone else, or – ultimately – withdraw from the contract. The Buyer may, at his/her option, enforce his/her request for repair directly at the Seller’s registered office, at any site, branch and at the repair service indicated by the Seller on the warranty card. 151/2003 on the mandatory warranty to deal with the need for repair. (IX. 22.) Government Decree defined special rules, which are presented under the heading “Rules related to the handling of warranty claims”.
Validation deadline
The warranty claim can be enforced during the warranty period, the warranty period is 151/2003. (IX. 22.) according to the Government Decree:
One year in the case of a sale price reaching HUF 10,000 but not exceeding HUF 100,000,
Two years in the case of a sale price exceeding HUF 100,000 but not exceeding HUF 250,000,
Three years over the sale price of HUF 250,000.
Failure to meet these deadlines will result in forfeiture, however, if the consumer product is repaired, the warranty period will be extended from the date of delivery for repair to the time during which the Customer was unable to use the consumer product as intended.
The warranty period starts on the delivery of the consumer item to the Buyer or, if the commissioning is performed by the Seller or its agent, starts on the day of commissioning.
If the Buyer puts the consumer goods into operation more than six months after delivery, the starting date of the warranty period is the day of delivery of the consumer goods.
Rules for handling warranty claims
When handling the repair, the Seller shall endeavor to make the repair within 15 days. The time limit for repair starts when the consumer goods are received. If the duration of the repair or replacement exceeds fifteen days, the Seller shall inform the Buyer of the expected duration of the repair or replacement. If, during the first repair of a consumer product during the warranty period, the Seller finds that the consumer product cannot be repaired, the Seller is obliged to replace the consumer product within eight days, unless otherwise provided by the buyer. If it is not possible to exchange the consumer goods, the Seller is obliged to reimburse the purchase price to the buyer within eight days.
By accepting the GTC, the Buyer consents to the fact that the information can be provided to him/her electronically or in another way suitable for the proof of receipt by the Buyer.
If the Seller is unable to repair the consumer goods within 30 days:
if the Buyer has consented to this, the repair may be performed for him at a later date, or;If the consumer product is defective for the 4th time, the Buyer is entitled to:
contact the Seller for repair, or;
instead of the need for rectification, Act V of 2013 on the Civil Code 6: 159. § (2) b) to request a proportional delivery of the purchase price from the Seller, or;
instead of the need for rectification, Act V of 2013 on the Civil Code 6: 159. § (2) b) to repair the consumer goods at the expense of the Seller or to have them repaired by another, or;
if the Buyer does not exercise these rights (repair, price reduction and other repairs at the expense of the Seller) or does not declare them, the consumer product must be replaced within 8 days, if it is not possible to replace the consumer product, on the consumer product account, or the sales price on your receipt must be refunded to him within eight days.
What does the warranty have to do with other warranty rights?
The warranty is valid in addition to the warranty rights (product and accessory warranty), a fundamental difference between the general warranty rights and the warranty is that the burden of proof is more favorable to the consumer in the case of a warranty.
Consumables with a fixed connection that are subject to the mandatory warranty according to Government Decree 151/2003 or that weigh more than 10 kg or cannot be transported as a manual package on public transport vehicles, with the exception of vehicles, must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the removal and installation, as well as the transport and return, will be provided by the company or, in the case of a direct repair request, by the repair service.
The seller’s undertaking during the term of the compulsory guarantee may not contain conditions for the consumer which are more unfavorable than the rights guaranteed by the rules of the compulsory guarantee. Thereafter, however, the terms of the voluntary warranty can be freely determined, however, the warranty in this case may not affect the existence of the consumer’s rights arising from legislation, including the warranty of supplies.
Exchange request within three working days
In the case of sales through a web store, the institution of the exchange request within three working days also applies. Replacement requests within three working days are subject to 151/2003. (IX. 22.) may be enforced in the case of new durable consumer goods covered by the Government Decree, if the defect prevents the intended use. The replacement request can be validated within 3 working days from the date of commissioning / purchase.
When Seller is released from its warranty obligation?
The Seller is released from its warranty obligation only if it proves that the cause of the defect arose after performance.
Please note that due to the same defect, you cannot assert a warranty and guarantee claim or a product warranty and guarantee claim at the same time, in parallel, otherwise you are entitled to the rights arising from the warranty regardless of the warranty rights.
if the Buyer does not consent to the subsequent performance of the repair or has not made a statement in connection therewith, the consumer goods must be replaced within eight days after the expiration of the thirty-day period, or;
if the Buyer does not consent to the subsequent performance of the repair or has not stated in connection therewith, but it is not possible to replace the consumer goods, the sale price on the consumer goods invoice or receipt must be reimbursed within eight days after the thirty-day deadline.
