GENERAL CONTRACTUAL CONDITIONS
Date of entry into force: 24.07.2023
Introduction:
Please read our Terms and Conditions carefully, as by placing your order you accept our Terms and Conditions!
If you have any questions about the use of our webshop, the purchase process, the goods we sell or our Terms and Conditions, you can contact us using the contact details below:
Our company data:
Company name: Mesics Bence EV. / Leafy-Oasis
Registered office: EN 9757 MEGGYESKOVÁCSI SZABADSÁG UTCA 10
Postal address: EN 9757 MEGGYESKOVÁCSI SZABADSÁG UTCA 10
Tax number: 40685742-1-38
Registration number: 58056055
Name of registering authority: Nemzeti Adó- és Vámhivatal Vas Vármegyei Adó- és Vámigazgatósága
Company bank account number: 11600006-00000001-97319417
Representative name: Mesics Bence
Website address: leafy-oasis.com
E-mail address: info@leafy-oasis.com
Phone number: +36 30 869 9812
Depository details: Siteground : Sofia, Bulgaria
Concepts:
Parties: seller and consumer/company jointly
Consumer: an adult, aged 18 or over, acting outside the scope of his/her economic activity or profession. a natural person over the age of
Consumer contract: a contract where one of the parties is a Consumer
Warranties: in the case of a Consumer Contract, under the Civil Code
- a guarantee going beyond the legal obligation or voluntarily given for the proper performance of the contract
- a mandatory guarantee based on legislation
Contract: Conclusion of a sales contract between the Seller and the Consumer/Company using the webshop and e-mail
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Goods: available for sale, for possession, in our webshop:
- movable tangible property, including water, gas and electricity put up in containers, cylinders or other limited quantities or capacities, and
- a movable good that incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the good would not be able to perform its functions (hereinafter “goods incorporating digital elements”)
Purchase price: the consideration payable for the goods and for the supply of digital content or the provision of a digital service
Goods containing digital elements: movable property that incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions
Compatibility: the ability of a good, digital content or digital service that contains digital elements to work with hardware or software with which the same type of good, digital content or digital service is commonly used, without the need for modification
Interoperability: the ability of a good, digital content or digital service that contains digital elements to work with hardware and software that is different from that with which the same type of good, digital content or digital service is typically used
Functionality: the ability of a good, digital content or digital service that contains digital elements to perform the functions for which it is intended
Manufacturer: the manufacturer of the goods, or in the case of imported goods, the importer into the European Union, or any person who, by affixing his name, trade mark or other distinguishing mark to the goods, identifies himself as the manufacturer
Durable medium: any device which enables a consumer or 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 unchanged form
Device for remote communication: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in press products, catalogues, telephones, faxes and Internet access devices
Business: a person acting in the course of his economic activity or profession
Webshop: our webshop where the contract is concluded
Relevant legislation:
- CLV. Law on Consumer Protection
- LXXVI. law on copyright
- CVIII. Act on certain aspects of electronic commerce services and information society services
- 151/2003. (IX.22.) Government Decree on Compulsory Warranty for Durable Consumer Goods
- CXX. Act on the Right to Information Self-Determination and Freedom of Information
- Act V of 2007 on the Civil Code
- 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
- 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses
- European Parliament and Council (EU) 2016/679. Regulation (27.04.2016) on the processing and protection of personal data of natural persons and on the free movement of such data, repealing Regulation (EC) No 95/46/EC, i.e. the General Data Protection Regulation
- The European Parliament and Council (EU) 2018/302. Regulation (28.02.2018) on combating unjustified territorial restrictions of content and other forms of discrimination based on nationality, residence/establishment of the consumer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394. and amending Directive 2009/22/EC
- Decree No 373/2021 on the detailed rules for contracts between consumers and businesses for the sale of goods, supply of digital content and provision of digital services. (30.VI.) Korm. Regulation
Scope and adoption of the GTC:
In addition to the applicable legislation, the content of the contract to be concluded is also governed by our General Terms and Conditions. This will include a summary of your and our rights and obligations, the terms of the contract, payment and delivery terms, deadlines, liability rules and the conditions for exercising the right of withdrawal.
By placing your order, you accept our General Terms and Conditions, which will be included in the contract to be concluded.
Contract language and form:
The language of the contract is Hungarian.
The contract is concluded by placing the order and accepting our General Terms and Conditions.
Prices:
Prices are in HUF and EUR. Our company is subject to VAT, our prices are gross prices, which include VAT. We reserve the right to change prices.
Complaints and redress:
The Consumer may send any complaints concerning the Goods or our activities to us using the following contact details:
- E-mail address: info@leafy-oasis.com
- Phone number: +36 30 869 9812
The Consumer may communicate his/her complaint to us in writing in the first instance, but in some cases also orally. The complaint may relate to the conduct, work or omission of a person acting on behalf of our Company directly related to the marketing or sale of the goods.
We will promptly investigate and, where possible, resolve your verbal complaint. If the Consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint without delay, our Company will record the complaint and its position on the complaint, a copy of which will be sent to the Consumer (or handed over to him/her in person if present). In the case of a complaint received by e-mail, it will be sent to the Consumer within 30 days, together with the reply. We will respond to the written complaint in writing within 30 days of receipt. If the complaint is rejected, we are obliged to state the reasons for our position. We are required to provide the complaint with a unique identification number – in the case of an oral complaint made by telephone or other electronic communications service.
It must include the record of the complaint:
- The place, method and time of submission of the complaint
- Name, address and contact details of the consumer
- A detailed description of the consumer complaint and a list of documents, records and evidence
- A statement of our position on the Consumer Complaint, if it can be investigated promptly
- the place and time of recording of the minutes
- Signature of the person who took the minutes and of the Consumer – the latter in the case of a verbal complaint made in person
- The unique identification number of the complaint – in the case of an oral complaint made by telephone or other electronic communications service
We will keep a record of the complaint and a copy of our reply for 5 years, and will present it to the supervisory authority upon request.
We will inform the Consumer in writing, if the complaint is rejected, which authority or Conciliation Body to refer the complaint to. The information shall include the seat, correspondence address, contact details (website, e-mail, telephone number) of the competent authority and the Conciliation Body of the Consumer’s place of residence/residence, as well as our position on the use of the Conciliation Body procedure for the settlement of a Consumer dispute.
In the event that the dispute between our Company and the Consumer is not resolved through negotiations, the Consumer may have further enforcement options:
Consumer Protection Authority procedure:
In the event of a breach of Consumer rights, the Consumer has the right to lodge a complaint with the Consumer Protection Authority of his/her place of residence. The Authority will decide whether to proceed with the Consumer Protection procedure after having examined the complaint. The district offices are responsible for the first instance. Contact: http://jarasinfo.gov.hu/
Court proceedings:
Within the framework of civil proceedings, the Consumer is entitled to enforce his/her claim arising from the dispute before the court in accordance with the provisions of the Civil Code 2013. V of 2016 and the 2016 Act on the Code of Civil Procedure. CXXX. according to the provisions of the law.
Conciliation Board procedure:
You have the right to apply to the Conciliation Body of your place of residence/residence if your Consumer complaint is rejected. To initiate proceedings, the Consumer must attempt to resolve the dispute directly with our Company.
We have a duty of cooperation in the conciliation procedure. On this basis, we are obliged to send a reply to the request of the Conciliation Board, to appear at the hearing before the Conciliation Board and to ensure the participation of a person authorised to reach a settlement.
If our registered office/establishment is located outside the county of the Chamber of the Chamber operating the territorially competent conciliation body, our obligation to cooperate shall include offering the possibility of a written settlement of the Consumer’s claim.
If we do not comply with the above obligation to cooperate, the matter will fall under the competence of the Consumer Protection Authority, which is obliged to impose fines for companies that act in violation of the law, and cannot be waived.
The fine can range from HUF 15,000 to HUF 500,000 for small and medium-sized enterprises and from HUF 15,000 to 5% of the company’s annual net turnover, up to a maximum of HUF 500 million, for large companies with an annual net turnover of more than HUF 100 million.
The Consumer may request the opening of conciliation proceedings. The request must be made in writing (by letter, fax, telegram or electronic form on the Conciliation Board’s website) to the President of the Conciliation Board.
The application must include:
- Consumer’s name, place of residence/residence, contact details
- Name, registered office/place of business of the company involved in the consumer dispute
- Consumer’s position and the evidence and facts relating to it
- A declaration by the consumer that he/she has tried to settle the dispute directly with the business concerned
- A declaration by the consumer that he has not initiated any other Conciliation Body proceedings in the case, has not initiated mediation proceedings, has not lodged a statement of claim, has not applied for an order for payment
- Motion for a decision of the Board
- Consumer’s signature
- If the Consumer has requested another body to replace the competent Conciliation Body, the following information must be provided.
In any case, the document or a copy of the document on the content of which the Consumer relies as evidence (the company’s written statement rejecting the complaint or, if this is not available, written evidence of the attempted conciliation held by the Consumer) must be attached to the request.
If an authorised representative is acting on the complaint, the authorisation issued by the Consumer must be attached to the application.
For more information on the Conciliation Boards: http://www.bekeltetes.hu
For more information on the relevant local Conciliation Boards:
https://bekeltetes.hu/index.php?id=testuletek
Contact details of the competent local Conciliation Boards:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72 507-154
Fax: 06-72 507-152
E-mail address: abeck@pbkik.hu, mbonyar@pbkik.hu
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone numbers: 06-76 501-500, 06-76 501-525, 06-76 501-523
Fax: 06-76 501-538
E-mail address: bekeltetes@bacsbekeltetes.hu, mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66 324-976
Fax: 06-66 324-976
E-mail address: eva.toth@bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number:06-46 501-091, 06-46 501-870
Fax: 06-46 501-099
E-mail address: kalna.zsuzsa@bokik.hu
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Phone number: 06-1 488-2131
Fax: 06-1 488-2186
E-mail address: bekelteto.testulet@bkik.hu
Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62 554-250/118
Fax: 06-62 426-149
E-mail address: bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number:06-22 510-310
Fax: 06-22 510-312
E-mail address: fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96 520-217
Fax: 06-96 520-218
E-mail address: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52 500-710
Fax: 06-52 500-720
E-mail address: korosi.vanda@hbkik.hu
Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Phone number: 06-36 429-612
Fax: 06-36 323-615
E-mail address: hkik@hkik.hu
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8. III. floor 305-306.
Phone number: 06-56 510-621, 06-20 373-2570
Fax: 06-56 510-628
E-mail address: bekeltetotestulet@jnszmkik.hu
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34 513-027
Fax: 06-34 316-259
E-mail address: szilvi@kemkik.hu
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32 520-860
Fax: 06-32 520-862
E-mail address: nkik@nkik.hu
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. II. floor 240.
Postal address: 1364 Budapest, PO Box 81.
Phone number: 06-1 269-0703
Fax: 06-1 474-7921
E-mail address: pmbekelteto@pmkik.hu
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u. 6.
Phone number: 06-82 501-026
Fax: 06-82 501-046
E-mail address: skik@skik.hu
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42 311-544
Fax: 06-42 311-750
E-mail address: bekelteto@szabkam.hu
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. floor
Phone number: 06-74 411-661
Fax: 06-74 411-456
E-mail address: kamara@tmkik.hu
Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94 312-356
Fax: 06-94 316-936
E-mail address: vmkik@vmkik.hu
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. ground floor 116.
Phone number: 06-88 429-008
Fax: 06-88 412-150
E-mail address: bekelteto@veszpremikamara.hu
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Phone number: 06-92 550-513
Fax: 06-92 550-525
E-mail address: zmbekelteto@zmkik.hu
Online dispute resolution platform:
On the website set up by the European Commission, after registering as a Consumer, by filling in the application form on the site, the Consumer can settle his/her online shopping disputes without having to go to court. This is another way of Consumer empowerment without distance limits.
You can complain about goods/services you have bought online.
You and the company you are complaining about can use this online dispute resolution platform to choose together which dispute resolution body will be entrusted with handling your complaint.
The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright:
Our website is considered a copyright work under the Copyright Act 1999. LXXVI. Act 1. § (1), each part is protected by copyright. The unauthorised use of images, text, software or graphic programs on our website, as well as the use of malicious applications that modify our website, is prohibited, in accordance with Article 16 of the same Act. § (1). Please note that the use of materials, images, videos, texts from our website and our database is only allowed with the written consent of the copyright holder (Mesics Bence EV. Leafy-Oasis), with acknowledgement of the source.
Partial invalidity and code of conduct:
In the event that any part of our General Terms and Conditions is legally incomplete/irregular, that part shall be governed by the provisions of the applicable legislation. The rest of the contract remains valid.
We do not have a code of conduct under the Unfair Commercial Practices Act.
Technical protection measures and the operation of digital data content:
The servers that provide the data displayed on our website have an uptime of 99.9%/year. The entire data is backed up continuously, at regular intervals, so if a problem occurs, the original data can be restored. The data that appears on our website is stored in MySQL or MSSQL databases. This data is stored with encryption of appropriate strength due to its sensitive nature, and encrypted using hardware support built into the processor.
Characteristics of the goods:
On our website, information about the characteristics of the goods for sale is provided in the description on the side of the goods.
Correction of data entry errors and responsibility for data accuracy:
During the ordering process, before confirming the order, you have the possibility to modify or correct the data you have provided. You are responsible for the accuracy of the information you provide. We will issue the invoice based on this information and deliver the goods to the address indicated as the delivery address. By placing your order, you acknowledge that we are entitled to pass on to you any damages and costs resulting from incorrect information provided by you. Our company excludes any liability for performance due to incorrect data entry. If your e-mail address or mailbox is full, the confirmation will be deemed undeliverable and may (or may not) prevent the performance of the contract.
Procedure In case of incorrect price:
We exclude liability for any apparent misrepresentation of the price, despite all due care and diligence, and for any failure of the IT system.
It is considered to be an obvious misstatement of the price:
- 0 Ft
- Price incorrectly indicating a discount (e.g.: original price of the goods: 3.000 HUF, discount: 20%, discounted price: 500 HUF, because in this case the correct price should be 2.400 HUF)
If an incorrect price has been indicated, we will inform you of the case and offer you the option to buy the goods at the correct price, so that you can either order the goods at the correct price or cancel the purchase without consequences.
Using our webshop:
Our webshop provides the User with the presentation of the goods (with a picture of the goods, description, price on the website) and the option to order online. You can browse our website in a menu system. You will find the goods sorted by category. Click on a category name to see the goods in that category. From the list page, you can find a detailed description of the product by clicking on the product name. You can also search our webshop by keyword. The start and expiry date of the promotion and the “while stocks last” indication will be displayed for promotional goods.
If you wish to purchase an item, you can do so (by setting the number of items, if you want more than one, and then) by clicking on the shopping cart button. You can view and check the items in your shopping cart by using the View Cart. Here you can modify quantities or delete goods. Clicking on Empty Cart will delete the entire contents of your cart.
Once you have selected the products you wish to order, you can place your order by clicking on the Order button when you enter the site, if you are not registered, you can place your order by creating a registration. When registering, you must provide the following information: name, address, billing address, shipping address, e-mail address, phone number, password. We will send you an e-mail confirmation that your registration has been successful.
The security of the login data is the responsibility of the User, who is responsible for updating his/her data and is obliged to inform us if his/her data has been misused by a third party. If you have forgotten your password, click on the “Forgot password” option and a link will be sent to the User’s registered email address, which can be used to create a new password.
During the order process, the User is required to select his preferred payment and delivery method. Immediately before the order is approved, the User can check the correctness of the data, the goods and their quantity on the Order Summary page. If you want to correct the data, you can do so by clicking on the pencil icon.
Finalise your order:
If you find everything in order, you can click on the “Submit Order” button to finalise your order, which will be confirmed on our website and by e-mail. If you notice in the confirmation e-mail that you have provided incorrect information, please notify us immediately within 24 hours.
The information on our website does not constitute an offer to enter into a contract on our part. The bidder is you.
By clicking on the “Submit Order” button, you acknowledge that your offer is deemed to have been made and that your declaration is subject to payment. If we do not confirm your offer within 48 hours in accordance with our General Terms and Conditions, you will be released from your obligation to bid.
Processing the order and concluding the contract:
You can place your order at any time in our webshop. You will receive an automatic confirmation of your order, which means that your order has been received, but this confirmation does not constitute acceptance of your offer. If you do not receive an automatic confirmation e-mail within 24 hours of placing your order, please let us know, as there may be a technical problem, which may be the reason why your order has not been received.
Our company will confirm your offer in a second e-mail, at which point the contract is concluded.
Payment methods
:
Bank transfer:
Payment can be made by bank transfer. After the order has been processed, our colleague will send you the details for the transfer. Once your payment has been received, we will hand over your parcel to the courier service for delivery.
Aftermath:
Payment can be made in cash directly upon receipt of the parcel, which must be handed over to the courier delivering the parcel. In this case, after placing the order, we will hand over the shipment to the courier service, which will deliver it to the address you specify.
Payment by credit card:
Payment can be made securely online by credit card when finalising your order.
Ways of receipt
:
MPL courier service:
Delivery charges apply for home delivery.
Delivery time: 1-2 working days from dispatch.
MPL Parcel vending machine:
The MPL Parcel Vending Machine allows you to receive your parcels quickly. You can access your order by entering the code and phone number you received by text message, and you can pick it up at any time.
More information: https://www.posta.hu/csomagautomata
MOL and Coop Posta Point:
- At most MOL Posta Points you can pick up your parcel 24 hours a day, at Coop Posta Points 12 hours a day. Click here to see which is the most convenient for you
- You will be notified by SMS or email as soon as your parcel arrives
- Easily accessible pick-up points
- Easy, free parking at petrol stations
- You can also pay by credit card at MOL and Coop Posta Points
The package contains max. may weigh up to 20 kg. If you exceed 20 kg, we cannot provide this shipping method!
FoxPost:
Available mainly in shopping centres, the FoxPost parcel machine allows easy, convenient and time-saving parcel delivery.
More information: http://www.foxpost.hu/csomagatvetel-hogyan/
Deadline:
The general deadline for the fulfilment of the order is within a maximum of 30 days after the order has been confirmed. In the event that Our Company does not fulfil the order within the time limit, You shall be entitled to grant a grace period to Our Company. If we do not perform within the grace period, you have the right to withdraw from the contract.
Reservation and reservation of rights:
If you have previously ordered goods from us but did not receive them on delivery (except in the case where you have exercised your right of withdrawal) or the parcel has been returned to us marked “Not wanted”, we will fulfil the order provided that the purchase price and delivery costs are paid in advance.
Our company may withhold delivery of the parcel until we are satisfied that the purchase price of the goods has been successfully paid in the case of online payment. If the price of the goods has not been paid in full, we will notify the Consumer to pay the purchase price in addition.
Foreign sales:
Our company provides delivery/collection of ordered goods mainly within Hungary.
Purchases outside Hungary are also subject to our General Terms and Conditions. The consumer in this case is a natural person who is an adult citizen or resident of a Member State and is acting outside the scope of his economic activity or profession. An enterprise is a person established in a Member State who buys goods or services in the European Union and is engaged in an economic activity or profession.
The primary language for communication and shopping is Hungarian. We are not obliged to communicate in the language of the Consumer’s Member State.
We are not obliged to comply with any non-contractual requirements under the national law of the Member State of the foreign Consumer/Business in relation to the goods concerned.
Foreign Consumers/Businesses may exercise their rights under our General Terms and Conditions.
In the case of online payment, payment is made in the currency specified by our Company. We may withhold delivery of the goods until we are satisfied that the purchase price and delivery charges have been paid. If the purchase price has not been paid in full, we will notify the Consumer/Company to pay the purchase price in full.
We also offer the same delivery options as Hungarian customers to non-Hungarian customers, provided that the delivery method is available in the country concerned. The Consumer/Company may request the delivery of the goods abroad, subject to payment of the foreign delivery charge.
Consumer information on the 45/2014. (II. 26.) Korm. Regulation:
Information on the Consumer’s right of withdrawal:
As a consumer, the Civil Code. 8:1. § 1. paragraph 3. only natural persons acting outside the scope of their profession, self-employed occupation or business activity, and therefore legal persons may not exercise the right of withdrawal without justification!
The Consumer is bound by the provisions of the 45/2014. (II. 26.) Korm. Regulation 20. You have the right to withdraw without giving reasons under §. The Consumer may exercise his right of withdrawal in the case of a contract for the sale of goods within 14 days from the date of receipt of the goods.
The Consumer may also exercise his right of withdrawal during the period between the conclusion of the contract and the date of receipt of the goods.
If the Consumer has made an offer to conclude the contract, he has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
Withdrawal notice, Consumer’s right of withdrawal and termination:
A 45/2014. (II. 26.) Korm. Regulation 20. §-The Consumer may exercise the right provided for in § 5 by means of a declaration to that effect.
Validity of a consumer withdrawal notice:
The right of withdrawal is deemed to have been exercised within the time limit if the Consumer sends us a declaration within the time limit (14 days).
The burden of proving that the Consumer exercised his right of withdrawal in accordance with this provision is on the Consumer.
Upon receipt of the Consumer’s notice of withdrawal, we will confirm electronically to the Consumer the fact of the exercise of the right of withdrawal and the acknowledgement of the exercise of the right of withdrawal.
Our obligation in the event of withdrawal by the Consumer:
Our refund obligation:
If the Consumer has made use of the provisions of Article 45/2014. (II. 26.) Korm. Regulation 22. withdraws from the contract pursuant to §, we will refund the full amount paid by the Consumer, including the costs of performance, such as the delivery charge, within 14 days of the date of our knowledge of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a different mode of transport from the usual, less costly one.
How our company is obliged to refund:
A 45/2014. (II. 26.) Korm. Regulation 22. In the event of cancellation/cancellation under § 5, we will refund the amount refunded to the Consumer according to the payment method used by the Consumer. If the Consumer agrees, we may use another method of payment for the refund, but the Consumer will not be charged any additional fee. We shall not be liable for any delay due to a bank account number or postal address incorrectly provided by the Consumer.
Additional costs:
If the Consumer chooses a delivery method other than the usual, less costly delivery method, we are not obliged to refund the additional costs incurred. In such cases, we will be liable to refund you up to the standard delivery charges shown.
Right of retention:
We may withhold the amount due to the Consumer until the Consumer has returned the goods or has provided clear proof that he/she has returned the goods. We do not accept parcels sent by courier or postage paid.
In case of withdrawal/cancellation of the consumer’s obligations:
Return of goods:
If the Consumer has made use of the provisions of Article 45/2014. (II. 26.) Korm. Regulation 22. withdraws from the contract pursuant to § 5.1, shall return the goods or hand them over to a person authorised by us to take delivery of the goods without delay, but no later than 14 days after the withdrawal is notified. Returns are deemed to have been made within the time limit if the Consumer sends the goods before the time limit expires.
Costs related to the return of goods:
The cost of returning the goods shall be borne by the Consumer. The goods must be returned to our company address. If the Consumer terminates the contract after the start of performance, he/she shall pay to us a fee in proportion to the services performed up to the date of the notice of termination. The amount to be paid by the Consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration agreed in the contract plus tax. If the Consumer proves that the amount so determined is too high, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. We do not accept parcels sent by courier or postage paid.
Consumer responsibility for depreciation:
The Consumer shall be liable for depreciation resulting from the use of the goods beyond the use necessary to determine their nature, characteristics and functioning.
The right of withdrawal cannot be exercised in the following cases:
Please note that you may not exercise your right of withdrawal in accordance with the provisions of Government Decree 45/2014 (II.26.) Regulation 29. §. (1):
- In the case of alcoholic beverages, the fair value of which is subject to market price fluctuations beyond our control and the price of which was agreed between the parties at the time of the conclusion of the sales contract, but the contract is not to be performed until 30 days after the conclusion of the contract. will take place after
- In the case of goods or services that are subject to fluctuations in the money market, which are beyond our control, and which may be subject to the right of withdrawal within a certain period
- For newspapers, periodicals, periodicals, except subscription contracts
- By their nature, goods which are inseparably mixed with other goods after delivery
- Except for residential services, contracts for the provision of accommodation, car rental, transport, catering, leisure services, where a deadline/deadline for performance is specified in the contract
- In the case of the sale of sound or video recordings, computer software in sealed packaging, if the Consumer has opened the packaging after delivery
- In the case of goods which are not prefabricated, which have been manufactured on the instructions or at the request of the Consumer, or which have been made to measure for the Consumer
- In the case of digital data content provided on a non-tangible medium, if Our Company has commenced performance with the express prior consent of the Consumer and the Consumer has declared at the same time as giving his consent that he acknowledges that he loses his right of withdrawal after the commencement of performance
- For contracts concluded at public auction
- For perishable goods or goods with a short shelf life
- In the case of a contract for the provision of a service, after the service has been performed in its entirety, if our Company has commenced performance with the express prior consent of the Consumer and the Consumer has acknowledged that he/she will lose the right to terminate the contract after the service has been performed in its entirety
- In the case of a contract for work where we visit the Consumer at the express request of the Consumer to carry out urgent repair/maintenance work
- For goods in sealed packaging that cannot be returned after opening after delivery for health or hygiene reasons
Warranty, product warranty, guarantee Information on consumer contracts
This point of the Consumer Information is in accordance with the provisions of Government Decree 45/2014 (II.26.) Regulation 9. § (3) paragraph of the Government Decree 45/2014 (II.26.) Regulation 3. has been prepared using Annex No.
This notice applies only to customers who are consumers, the rules for non-consumers are set out in a separate chapter.
General requirements for the conformity of performance in consumer contracts
At the time of delivery, the goods must comply with the provisions of Article 373/2021. (30.VI.) Korm. the requirements of the Regulation.
In order for performance to be deemed to be in conformity with the contract, the goods covered by the contract must
- comply with the specifications, quantity, quality, type and have the functionality, compatibility, interoperability and other characteristics specified in the contract
- be fit for any purpose specified by the consumer, brought to the consumer’s attention at the latest when the contract is concluded and accepted by the undertaking
- have all the accessories and user manuals specified in the contract, including installation instructions, installation instructions and after-sales support
- provide the updates specified in the contract
In order for performance to be deemed to be in conformity with the contract – and – the goods covered by the contract
- be suitable for the purposes for which the relevant code of conduct for the same type of service is required by law, technical standard or, in the absence of a technical standard, by the relevant code of conduct
- must have the quantity, quality, performance and other characteristics which the consumer can reasonably expect, in particular in terms of functionality, compatibility, availability, continuity and safety, which are normal for goods of the same type, taking into account any public statement, in particular in advertising or on a label, by the undertaking, its representative or any other person in the supply chain, concerning the specific characteristics of the service
- have the accessories and instructions that the consumer could reasonably expect, including packaging and instructions for installation
- it must correspond to the characteristics and description of the service presented by the undertaking as a sample, model or trial version prior to the conclusion of the contract
The goods do not have to comply with the above public statement if Our Company can prove that.
- did not know, and did not need to know, the public statement
- the public statement has been duly corrected by the time the contract is concluded
- the public statement could not have influenced the right holder’s decision to conclude the contract
Specific contractual performance requirements for goods containing digital elements
For goods containing digital elements We must ensure that the consumer is notified of, and receives, any updates to the digital content of the goods or to the digital service associated with the goods, including security updates, that are necessary to keep the goods in conformity with the contract.
to make the update available to you if the sales contract
- provides for a one-off supply of digital content or a digital service, the type and purpose of the goods and digital elements and the specific circumstances and nature of the contract are such as the consumer could reasonably expect; or
- provides for the continuous supply of digital content for a specified period, then, for a period of continuous supply not exceeding two years, it must be guaranteed for two years from the date of delivery of the goods.
If the consumer fails to install within a reasonable time the updates made available in the manner specified above, the trader shall not be liable for the lack of conformity of the goods if it is solely due to the failure to apply the relevant update, provided that
- the business has informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it; and
- the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the undertaking
Defective performance cannot be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the goods deviated from the requirements set out above and the consumer expressly accepted this deviation at the time of the conclusion of the sales contract.
Specific requirements of conformity of performance in the case of goods
Our company will perform defectively if the defect in the goods is due to improper installation, provided that
- the installation is part of the sales contract and was carried out by or under the responsibility of our Company; or
- 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 our company or, in the case of goods containing digital elements, by the digital content or digital service provider
If, under the contract of sale, the goods are placed in service by us or are placed in service under our responsibility, performance shall be deemed to be completed by us when the placing in service is completed.
If, 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, We are liable for any defect in the goods in relation to the digital content or digital services if the defect
- within two years of the date of delivery of the goods in the case of continuous supply for a period not exceeding two years; or
- for continuous service of more than two years, occurs or becomes apparent during the entire period of continuous service.
Accessories warranty:
In which cases can you exercise your right to a warranty?
In the event of defective performance by our Company, you may assert a claim against our Company for warranty of performance in accordance with the Civil Code and, in the case of consumer contracts, with the provisions of Government Decree 373/2021 (VI.30.) under the relevant rules of the Regulation.
What rights do you have under a warranty claim?
You can make the following warranty claims:
You may request a repair or replacement, unless the option you choose is impossible or would impose a disproportionate additional cost on us. If you did not or could not ask for a repair or replacement, you can request a proportionate reduction in the price.
You may switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or justified by us.
In the case of a consumer contract, it must be presumed, unless the contrary is proved, that the defect in the goods and the goods incorporating digital elements, discovered within one year of the date of performance, existed at the time of performance, except where this presumption is incompatible with the nature of the goods or the nature of the defect.
In the case of second-hand goods, warranty and guarantee rights are different from the general rules. Defective performance can also occur with second-hand goods, but the circumstances in which the buyer could have expected certain defects to occur must be taken into account. In the case of second-hand goods, some defects are more likely to occur during use and may become more frequent with time, so it cannot be assumed that a second-hand good is of the same quality as a newly purchased good. On this basis, the buyer may only assert his warranty rights in the event of defects/defects which are independent of defects arising from use. If the used goods have a defect and the consumer has been informed of this, we shall not be liable for the known defect.
Our company may refuse to make the goods in conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs for the company, taking into account all the circumstances, including the value of the service in its original condition and the seriousness of the breach of contract.
The consumer is also entitled to claim a proportionate reduction of the consideration or to terminate the sales contract, according to the seriousness of the breach of contract, if.
- We have not carried out the repair or replacement, or have carried out the repair or replacement but have not complied with all or part of the following conditions:
- Our company must ensure the return of the replaced goods at its own expense
- Where 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 putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
- refused to make the goods conform to the contract
- there was a repeated failure of performance, despite our company’s attempts to bring the goods into conformity with the contract
- the defect is of such gravity as to justify immediate price reduction or immediate termination of the sales contract; or
- Our company has not undertaken to bring the goods into conformity with the contract, or it is clear from the circumstances that our company 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 contract of sale on the grounds of defective performance, the burden of proving that the defect is insignificant is on us.
The consumer is entitled to retain the remaining part of the purchase price, in whole or in part, according to the seriousness of the breach of contract, until our company has fulfilled its obligations regarding the contractual conformity of performance and defective performance.
General rules that apply:
- Our company must ensure the return of the replaced goods at its own expense
- Where 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 putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
The reasonable period of time for repair or replacement of the goods shall be calculated from the date on which the consumer has notified the defect to us.
The consumer must make the goods available to us in order for us to carry out the repair or replacement.
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 event of performance of the contract and the value of the goods actually received by the consumer.
The consumer’s right of withdrawal from the sales contract may be exercised by means of a declaration addressed to us, 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 paragraph 2, in respect of some of the goods supplied under the sales contract, he shall
- the consumer must return the goods to our Company at our expense; and
- We must refund the consumer the purchase price paid for the goods concerned as soon as we have received the goods or the proof of return of the goods.
What is the time limit for you to claim your warranty?
It is your responsibility to report the fault immediately after it is discovered, and at the latest within 2 months. You may not enforce your rights to claim damages beyond the 2 year limitation period from the date of performance of the contract.
The limitation period does not include the time taken to repair the goods, during which the buyer could not use the goods as intended.
If a part of the goods is replaced or repaired, the limitation period for the warranty claim for the part concerned starts to run again. This rule also applies if the repair results in a new defect.
If the subject matter of the contract between the Consumer and our Company is second-hand goods, the parties may agree on a shorter limitation period, but no shorter than 1 year may be agreed.
Who can you claim against?
You may assert a warranty claim against us.
What other conditions are there for the enforcement of your rights under the warranty?
Within 1 year from the date of performance, you may claim for a defective goods or services only if you prove that the goods or services were provided by us. After 1 year from the date of performance, you must prove that the defect existed at the time of performance.
Product warranty:
In which cases can you exercise your right to a product warranty?
In the event of a defect in movable goods, you can choose to claim under either the accessories warranty or the product warranty.
What rights do you have under a product warranty claim?
As a product warranty claim, you can only ask for the defective goods to be repaired or replaced.
In which cases are the goods considered defective?
Goods are defective if they do not meet the quality requirements in force when they were placed on the market or if they do not have the characteristics described by the manufacturer.
What is the deadline for you to claim under the product warranty?
You have 2 years from the date the goods were placed on the market by the manufacturer to make a product warranty claim. After this time limit, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your warranty rights against the manufacturer/distributor of the movable item. You must prove that the goods are defective if you want to claim under a product warranty.
In what cases is the manufacturer/distributor exempted from its product warranty obligations?
The manufacturer/distributor is only exempted from its product warranty obligation if it can prove that:
- The defect was not detectable at the time of marketing according to the state of science and technology
- The defect in the goods is due to the application of a law or a mandatory rule of a public authority
- The goods were not manufactured or marketed in the course of its business
The manufacturer/distributor only needs to prove 1 reason for exemption.
Please note that you cannot claim both a warranty and a product warranty for the same defect at the same time. However, in the event of a successful product warranty claim, you can assert a warranty claim against the manufacturer for the replaced goods/repaired part.
Goodwill:
In which cases can you exercise your right to a guarantee?
In case of defective performance, the provisions of Decree 151/2003. (IX. 22.) Korm. under the Regulation Our company is obliged to provide a guarantee in accordance with Regulation 1. on the sale of new consumer durables and their accessories and components within the scope specified therein.
The legislation provides for the provision of a guarantee for consumer durables such as technical goods, machinery, tools, etc., the purchase price of which exceeds HUF 10,000.
We may voluntarily provide a warranty to a customer who is a consumer, for which you must provide a warranty declaration.
The guarantee statement must be provided to the consumer on a durable medium, at the latest at the time of delivery of the goods.
The following must be included in the warranty declaration:
- a clear statement that in the event of defective performance of the goods, the consumer is entitled to exercise the statutory rights of accessory warranty free of charge, and that these rights are not affected by the warranty;
- the name and address of the person liable for the guarantee;
- the procedure to be followed by the consumer to enforce the guarantee;
- the identification of the goods to which the guarantee applies, and
- the terms of the guarantee.
The guarantee statement must also be provided to the consumer in Hungarian.
What are your rights under the warranty and within what time limits?
Under a guarantee, the buyer may request repair or replacement, ask for a price reduction in cases provided for by law, and ultimately withdraw from the contract if the person obliged to provide the guarantee has not undertaken to repair or replace the goods within the time limit, cannot do so without prejudice to the legitimate interests of the beneficiary, or if the beneficiary’s interest in the repair or replacement has ceased.
The consumer may also, at his or her option, make the claim for repair directly at our head office, at any of our premises, branches or repair services indicated by the company on the warranty ticket.
You can claim for warranty during the warranty period, which is limited by the provisions of Art. (IX.22.) Korm. Regulation set out below:
- one year for a sale price of HUF 10 000 or more but not exceeding HUF 100 000
- two years for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000
- Three years above the sale price of HUF 250 000
Please note that failure to meet these deadlines will result in forfeiture of rights.
If the consumer goods are repaired, the duration of the guarantee is extended from the date on which the goods were delivered for repair by the time during which the consumer could not use the goods as intended because of the defect.
The warranty period starts on the day of delivery of the consumer goods to the consumer or, if the installation is carried out by our Company or its agent, on the day of installation.
If the consumer puts the consumer goods into service more than six months after delivery, the guarantee period starts on the date of delivery of the consumer goods.
Procedural provisions on standing
We must aim to carry out the repair requested under the warranty within 15 days. The 15-day period starts on the day you receive the consumer goods.
If the duration of the repair or replacement exceeds 15 days, we must inform the customer of the expected duration of the repair or replacement.
Consumer goods which are fixed, or which weigh more than 10 kg or which cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return will be carried out by our Company or, in the case of a repair request made directly to the repair service, by the repair service.
If, during the first repair of the consumer goods during the specified guarantee period, our company finds that the consumer goods cannot be repaired, the company must replace the consumer goods within eight days, unless the consumer has agreed otherwise. If the consumer goods cannot be exchanged, our Company is obliged to refund the purchase price indicated on the proof of payment of the purchase price of the consumer goods presented by the consumer – the invoice or receipt issued under the VAT Act – within eight days.
By accepting the General Terms and Conditions document, the customer agrees that the information may be provided to the customer by electronic means.
In the event that Our Company is not able to repair the consumer goods within 30 days
- the repair can be carried out at a later date if the buyer has given his consent, or
- if the customer does not agree to the subsequent repair or has not made a declaration to this effect, the consumer goods must be replaced within 8 days after the expiry of the 30-day period without result, or
- if the customer does not agree to the subsequent repair or has not made a declaration to this effect, but the consumer goods cannot be replaced, we are obliged to refund the purchase price indicated on the proof of payment of the purchase price of the consumer goods presented by the customer – the invoice or receipt issued under the VAT Act – within eight days.
In the case of a consumer product falling under 3. fails after repair, the buyer is entitled, unless otherwise agreed by the buyer, to
- contact us with a repair request, or
- the Civil Code 2013. Act V of 2006 6:159. § request a proportionate reduction of the purchase price from our Company pursuant to paragraph (2)(b) of this Article, or
- the Civil Code 2013. Act V of 2006 6:159. § (2) paragraph b) to repair the consumer goods or have them repaired by another party at our expense, or
- if the customer does not exercise these rights or has not declared this, the consumer goods must be exchanged within 8 days, if this is not possible, we are obliged to refund the purchase price indicated on the proof of payment of the purchase price of the consumer goods presented by the customer – on the invoice or receipt issued under the VAT Act – within eight days.
What is the relationship between warranties and other warranty rights?
The warranty is in addition to the warranty rights (product and accessory warranty). The difference between warranty rights and guarantee is that the burden of proof is lower for the Consumer in the case of a guarantee.
Our voluntary warranty undertaking shall not contain terms and conditions more disadvantageous to the Consumer than those provided for by the rules of the mandatory warranty within the duration of the mandatory warranty. After the expiry of this period, the terms of the voluntary guarantee may be freely defined, but the guarantee may not adversely affect the Consumer’s statutory rights (based on the warranty of fitness).
Requires replacement within three working days:
You have the right to exchange your order within 3 working days if you have made a purchase in our webshop. A request for replacement within 3 working days is subject to the provisions of Art. (IX. 22.) Korm. Regulation on consumer durables, which states that if you request a replacement within 3 working days, we must interpret this as meaning that the goods were already defective when sold and we must replace them without further action.
When is our company exempted from its warranty obligation?
We will be exempted from our warranty obligation if you can prove that the cause of the defect arose after performance.
Please note that the provisions under the heading “Procedural provisions concerning the guarantee” do not apply to the following consumer goods: electric bicycle, electric scooter, quad, motorcycle, motorcycle, motor-assisted bicycle, passenger car, motor caravan, caravan, trailer caravan, trailer, motorised watercraft. Notwithstanding the above, for these consumer goods, we are obliged to endeavour to fulfil the repair request within 15 days. If the duration of the repair or replacement exceeds 15 days, we are obliged to inform the customer of the expected duration of the repair or replacement.
Please note that you may not make a warranty claim and a guarantee claim or a product warranty and a guarantee claim for the same defect at the same time. You have the rights under the warranty irrespective of the warranty rights.
Warranty, product warranty, guarantee information for non-consumer contracts
Accessories warranty
A purchaser who is not a consumer can make the following claims under the accessories warranty:
- You may request a repair or replacement, unless the fulfilment of the request chosen by the non-consumer customer is impracticable or would involve disproportionate additional costs for Our Company compared to the fulfilment of another request.
- If you do not or could not request the repair or replacement, you may request a proportionate reduction in the price or have the defect repaired or replaced by another party at our expense, or, in the last resort, withdraw from the contract.
You may switch from one warranty right to another, but the cost of the switch will be borne by the non-consumer buyer, unless it was justified or justified by us.
In the case of purchasers who are not consumers, the period of validity of the right to claim under the warranty is 1 year from the date of performance.
In the case of second-hand goods, warranty and guarantee rights are different from the general rules. Defective performance may also occur with second-hand goods, but the circumstances under which the buyer could have expected certain defects to occur must be taken into account. In the case of second-hand goods, some defects are more likely to occur during use and may become more frequent with time, so it cannot be assumed that a second-hand good is of the same quality as a newly purchased good. On this basis, the buyer may only assert his warranty rights in the event of defects/defects which are independent of defects arising from use. If the used goods have a defect and the consumer has been informed of this, we shall not be liable for the known defect.
Warranty and guarantee
Buyers who are not consumers are not covered by the guarantee or warranty.
In the event that Our Company voluntarily provides a warranty for a particular good, it will indicate this at the time of purchase.
If the manufacturer of a good provides a guarantee that covers buyers who are not consumers, this can be enforced directly against the manufacturer.