General Terms and Conditions
Imprint: data of the Service Provider (Seller, Company).
Name: Erzsébet Deliné Pőcze
Headquarters: 9093 Győrszonyfa, Vörösmarty utca 18.
Mailing address: Vörösmarty utca 18, 9093 Győrszonyfa.
Tax number: 55367837-1-28
Representative: Erzsébet Deliné Pőcze
Phone number: +36308533085
Email: dperzsi@gmail.com
Website: https://delinefollowtheline.com
Bank account number: 11773054-08898009
Hosting provider data
Name: Wiking Számítástechnika Kft.
Headquarters: 1158 Budapest, Thököly út 14.
Contact: +36205301966 – info@nii.hu
Concepts
Parties: Seller and Buyer together
Consumer: a natural person acting outside the scope of his profession, independent occupation or business activity
Consumer contract: a contract, one of whose subjects is considered a consumer
Website: this website, which serves to conclude the contract
Contract: A sales contract created between the Seller and the Buyer using the Website and electronic correspondence
Device enabling communication between absent parties: a device that is suitable for making a contract statement in the absence of the parties – in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a fax machine and a device providing Internet access.
Absentee contract: a consumer contract that is concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized to provide the product or service in accordance with the contract, in such a way that, in order to conclude the contract, the contracting parties use a device that enables communication between absent parties only
Product: all negotiable movable things included in the offer of the Website and intended for sale on the Website, which are the subject of the Contract
Business: a person acting in the scope of his profession, independent occupation or business activity
Buyer/You: person entering into a contract making a purchase offer via the Website
Warranty: In the case of contracts concluded between the consumer and the business (hereinafter: consumer contract), according to the Civil Code,
1. a) a guarantee undertaken for the performance of the contract, which the company undertakes voluntarily in addition to or in the absence of its legal obligation for the proper performance of the contract, and
2. b) the mandatory warranty based on the law
Applicable legislation
The Contract is governed by the provisions of Hungarian law, and in particular the following legislation applies:
CLV of 1997. act on consumer protection
CVIII of 2001 Act on certain issues of electronic commercial services and services related to the information society
Act V of 2013 on the Civil Code
151/2003. (IX.22.) government decree on the mandatory warranty for consumer durables
45/2014. (II.26.) government decree on the detailed rules of contracts between the consumer and the business
19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for things sold under the contract between a consumer and a business
LXXVI of 1999 law on copyright
CXII of 2011 Act on the right to self-determination of information and freedom of information
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (February 28, 2018) on action against unjustified territory-based content restrictions and other forms of discrimination based on the customer’s nationality, place of residence or establishment within the internal market, and 2006/ 2004/EC and Regulation (EU) 2017/2394, and amending Directive 2009/22/EC
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and on the repeal of Regulation 95/46/EC (general data protection regulation)
Scope and acceptance of the General Terms and Conditions
The content of the contract between us is determined – in addition to the provisions of the relevant binding legislation – by these General Terms and Conditions (hereinafter: GTC). Accordingly, these Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.
The technical information required to use the Website, which is not contained in these Terms and Conditions, is provided by other information available on the Website.
Before finalizing your order, you must familiarize yourself with the provisions of these GTC. By purchasing through our online store, you accept the provisions of these Terms and Conditions, and the Terms and Conditions are fully part of the contract between you and the Seller.
The language of the contract, the form of the contract
The language of the contracts covered by these GTC is Hungarian.
Contracts falling within the scope of these GTC are not written contracts, they are not filed by the Seller.
Prices
Prices are in HUF and include 27% VAT. The prices are informative. The possibility of the Seller changing the prices for reasons of business policy cannot be ruled out. Changes to prices do not apply to contracts that have already been concluded. If the Seller has indicated the price incorrectly, in the case of already concluded contracts, he will act on the basis of the “Incorrect price procedure” section of the General Terms and Conditions.
Complaint handling and legal enforcement options
The consumer can submit consumer objections related to the product or the Seller’s activities at the following contact details:
• Telephone: +36308533085
• Internet address: https://delinefollowtheline.com
• Email: dperzsi@gmail.com
The consumer can verbally or in writing communicate his complaint to the company, which concerns the conduct, activity or omission of the company or a person acting in the interest or benefit of the company that is directly related to the distribution or sale of the goods to consumers.
The company is obliged to investigate the verbal complaint immediately and remedy it as necessary. If the consumer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the company is obliged to record the complaint and its position on it without delay, and to hand over a copy of it to the consumer on the spot in case of a verbal complaint made in person. In the case of a verbal complaint communicated by telephone or using other electronic communication services, it must be sent to the consumer at the latest within 30 days – in accordance with the regulations for the response to a written complaint – at the same time as the substantive response. In other respects, he is obliged to act as follows regarding the written complaint. If the directly applicable legal act of the European Union does not provide otherwise, the company must respond to the written complaint in writing within thirty days of its receipt and take measures to communicate it. A shorter deadline than this can be established by law, and a longer deadline by law. The company is obliged to justify its position rejecting the complaint. The company must assign a unique identification number to the verbal complaint communicated by telephone or using an electronic communication service.
The record of the complaint must contain the following:
1. name and address of the consumer,
2. the place, time and method of presenting the complaint,
3. a detailed description of the consumer’s complaint, a list of documents, documents and other evidence presented by the consumer,
4. the company’s statement on its position regarding the consumer’s complaint, if the complaint can be investigated immediately,
5. the signature of the person taking the minutes and – with the exception of verbal complaints communicated by telephone or other electronic communication services – the signature of the consumer,
6. the place and time of taking the minutes,
7. in the case of a verbal complaint communicated by telephone or using other electronic communication services, the unique identification number of the complain
The company is obliged to keep the record of the complaint and a copy of the response for five years and to present it to the inspection authorities upon their request.
If the complaint is rejected, the business is obliged to inform the consumer in writing about which authority or conciliation body he can initiate the procedure with his complaint – according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority and the conciliation body based on the consumer’s place of residence or residence. The information must also cover whether the company uses the conciliation board procedure in order to settle the consumer dispute.
If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are open to the consumer:
Filing a complaint with the consumer protection authorities. If the consumer notices a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are performed by the capital and county government offices competent according to the consumer’s place of residence, a list of them can be found here: http://www.kormanyhivatal.hu/
Judicial proceeding. The customer is entitled to assert his claim arising from a consumer dispute before the court in the framework of civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Civil Procedure Code. according to the provisions of the law.
We inform you that you can file a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Conciliation Board, which is competent according to your place of residence or residence: the condition for initiating the proceedings of the conciliation board is that the consumer directly attempts to settle the dispute with the concerned business. Based on the consumer’s request, instead of the competent body, the conciliation body specified in the consumer’s request is responsible for the procedure.
The company has an obligation to cooperate in the conciliation board procedure.
As part of this, businesses are required to send a response to the conciliation board’s invitation, and the obligation to appear before the conciliation board (“ensuring the participation of a person authorized to establish a settlement at the hearing”) is recorded as an obligation.
If the company’s seat or location is not registered in the county of the chamber that operates the territorially competent conciliation body, the company’s obligation to cooperate extends to offering the possibility of concluding a written agreement that meets the consumer’s needs.
In the case of breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines in case of unlawful behavior of businesses as a result of the change in legislation, there is no possibility of waiving the fine. In addition to the Act on Consumer Protection, the relevant provisions of the Act on Small and Medium Enterprises have also been amended, so the imposition of fines cannot be avoided in the case of small and medium enterprises either.
In the case of small and medium-sized enterprises, the fine can range from HUF 15,000 to HUF 500,000, while in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million under the scope of the Accounting Act, the fine can range from HUF 15,000 to 5% of the company’s annual net sales up to , but may extend to a maximum of HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation body procedure.
The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the business, the conciliation body provides advice on the rights of the consumer and the obligations of the consumer.
The procedure of the conciliation board starts at the consumer’s request. The request must be submitted in writing to the chairman of the conciliation board: the written requirement can be fulfilled by letter, telegram, teletypewriter or fax, as well as by any other means that enables the addressee to store the data addressed to him permanently for a period appropriate to the purpose of the data , and displaying the stored data in unchanged form and content.
The application must include
1. the consumer’s name, place of residence or location,
2. the name, seat or location of the business affected by the consumer dispute,
3. if the consumer designates the requested body instead of the competent conciliation body,
4. a brief description of the consumer’s position, the facts supporting it and their evidence,
5. the consumer’s declaration that the consumer directly attempted to settle the disputed matter with the concerned enterprise
6. regarding the consumer’s statement that he did not initiate the procedure of another conciliation body in the matter, no mediation procedure was initiated, no claim letter was submitted, and no request for the issuance of a payment order was submitted,
7. motion for the board’s decision,
8. the consumer’s signature.
The document or its copy (extract) whose content the consumer cites as evidence must be attached to the application, so in particular the written statement of the company about the rejection of the complaint, or, in the absence of this, other written evidence available to the consumer about the attempted negotiation.
If the consumer acts through a proxy, the power of attorney must be attached to the application.
More information about the Conciliation Boards is available here: http://www.bekeltetes.hu
More information about the territorially competent Conciliation Boards is available here:
https://bekeltetes.hu/index.php?id=testuletek
The contact details of each territorially competent Conciliation Board:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
Fax: 06-72-507-152
E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone number: 06-76-501-500; 06-76-501-525, 06-76-501-523
Fax: 06-76-501-538
E-mail: bekeltetes@bacsbekeltetes.hu; mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66-324-976
Fax: 06-66-324-976
E-mail: 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: bekeltetes@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: bekelteto.testulet@bkik.hu
Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62-554-250/118
Fax: 06-62-426-149
E-mail: bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétátér 4-6.
Telephone number: 06-22-510-310
Fax: 06-22-510-312
E-mail: 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: 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: korosi.vanda@hbkik.hu
Heves County Conciliation Board
Address: Faiskola út 15, 3300 Eger.
Phone number: 06-36-429-612
Fax: 06-36-323-615
E-mail: 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: bekeltetotestulet@jnszmkik.hu
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34-513-027
Fax: 06-34-316-259
E-mail: szilvi@kemkik.hu
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32-520-860
Fax: 06-32-520-862
E-mail: nkik@nkik.hu
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. II. floor 240.
Mailing address: 1364 Budapest, Pf.: 81
Phone number: 06-1-269-0703
Fax: 06-1-474-7921
E-mail: pmbekelteto@pmkik.hu
Somogy County Conciliation Board
Address: Anna u. 6, 7400 Kaposvár.
Phone number: 06-82-501-026
Fax: 06-82-501-046
E-mail: 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: 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: kamara@tmkik.hu
Vas County Conciliation Board
Address: Honvéd tér 2, 9700 Szombathely.
Phone number: 06-94-312-356
Fax: 06-94-316-936
E-mail: 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: 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: zmbekelteto@zmkik.hu
Online dispute resolution platform
The European Commission has created a website where consumers can register, so they have the opportunity to settle their legal disputes related to online purchases by filling out an application, avoiding court proceedings. In this way, consumers can assert their rights without, for example, distance preventing them from doing so.
If you want to make a complaint about a product or service you bought online and you don’t necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you want to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyrights
LXXVI of 1999 on copyright. Act (hereinafter: Szt.) § 1 (1), the website is considered a copyrighted work, so all parts of it are protected by copyright. The Szt. On the basis of Section 16 (1), the unauthorized use of graphics and software solutions, computer programs on the website, as well as the use of any application that can be used to modify the website or any part of it, is prohibited. Any material from the website and its database may be taken, even with the written consent of the right holder, only by referring to the website and indicating the source. The copyright holder: Erzsébet Deliné Pőcze
Partial invalidity, code of conduct
If any point of the General Terms and Conditions is legally incomplete or invalid, the other points of the contract will remain in force and the provisions of the relevant legislation shall 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 regularly backed up, so that in the event of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, and hardware support built into the processor is used to encode it.
Information on the essential properties of the products
On the website, we provide information about the essential properties of the products that can be purchased in the descriptions of each product.
Correction of data entry errors – Responsibility for the veracity of the data provided
During the ordering process, before finalizing the order, you can change the data you entered at any time (clicking the back button in the browser opens the previous page, so the entered data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provided. With your order, you acknowledge that the Seller is entitled to charge you for all damages and costs resulting from your incorrect data entry and inaccurate data. The Seller excludes responsibility for performance based on inaccurate data entry. We would like to draw your attention to the fact that an incorrectly entered e-mail address or the saturation of the storage space belonging to the mailbox may result in the lack of delivery of the confirmation and prevent the conclusion of the contract.
Procedure in case of incorrect price
It is considered an obviously erroneously displayed price:
• HUF 0 price,
• a price reduced by a discount, but the discount is incorrectly stated (e.g.: in the case of a HUF 1,000 product, a product offered for HUF 500 with a 20% discount).
In the case of an incorrect price, the Seller offers the possibility of purchasing the product at the real price, with which information the Buyer can decide whether to order the product at the real price or cancel the order without any adverse legal consequences.
Use of the website
The process of buying
Selecting the Product
By clicking on the product categories on the website, you can select the desired product family and the individual products within it. By clicking on each product, you will find the product’s photo, article number, description, and price. In case of purchase, you must pay the price listed on the website.
Add to cart
After selecting the Product, you can click on the “Add to Cart” button to add any number of products to the cart without incurring any obligation to purchase or pay, as adding to the cart does not constitute an offer.
We recommend that you place the product in the basket even if you are not sure whether you want to buy the specific product, because this will give you an overview of the products you have selected at the moment and display them on one screen with one click. can view and compare. The contents of the Basket can be modified freely until the order is finalized – until the “Finalize Order” button is pressed, products can be removed from the basket as desired, new products can be added to the basket as desired, and the desired number of products can be changed.
If you place the selected product in the Cart, a separate window will pop up with the text “Product has been added to the cart”. If you do not wish to select more products, click the “Proceed to the basket” button! If you want to see the selected product again or add a new product to the cart, click the “Back to product” button!
Viewing the Cart
When using the website, you can check the contents of the basket at any time by clicking on the “View Cart” icon at the top of the website. Here you can remove the selected products from the basket or change the number of the product. After pressing the “Update cart” button, the system displays the information corresponding to the data you have changed, including the price of the products added to the cart.
If you do not wish to select additional products and place them in the basket, you can continue shopping by pressing the “Order” button.
Enter customer data
After pressing the “Order” button, the contents of the basket will be displayed, as well as the total purchase price to be paid if you purchase the products you have selected. In the “Delivery service” box, you must indicate whether you wish to collect the ordered product in person (personal collection) or request delivery. In case of delivery, the system indicates the delivery fee, which you must pay when placing an order.
You can enter your e-mail address in the “User data” text box, and your full name, address, and phone number in the “Billing information” text box. In the “Shipping information” text box, the system automatically stores the data entered during “Billing information”. If you request delivery to a different address, please remove the check mark. You can enter any additional information in the “Comment” text box.
Order overview
After filling in the above text boxes, you can continue the ordering process by clicking on the “Continue with the next step” button, or by clicking on the “Cancel” button, you can delete/correct the data entered so far and return to the contents of the Cart. If you click on the “Continue to the next step” button, you will be taken to the “Order overview” page. Here you can see a summary of the data you previously provided, such as the contents of the Cart, the user, billing and delivery data and the amount to be paid (you cannot change these data here, except by clicking on the “Back” button).
Finalizing the order (making an offer)
If you are convinced that the contents of the basket correspond to the products you want to order, and that your data is correct, you can complete your order by clicking the “Send order” button. The information provided on the website does not constitute an offer to conclude a contract on the part of the Seller. In the case of orders falling under the scope of these GTC, you are considered to be the offeror.
By pressing the “Send order” button, you expressly acknowledge that your offer must be considered as made, and that your statement – in the event of confirmation by the Seller in accordance with these General Terms and Conditions – entails a payment obligation. You are bound by your offer for a period of 48 hours.
If your offer is not confirmed by the Seller within 48 hours according to these general terms and conditions, you will be released from your obligation to make an offer.
Order processing, contract creation
You can place your order at any time. The Seller will confirm your offer by e-mail no later than on the working day following the sending 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
Bank Transfer
You can also pay for the products by bank transfer.
Credit card payment
Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Hungarian National Bank, license number: H-EN-I-1064/2013
Cash on delivery
If you wish to settle the value of the order upon receipt of the package, select the “Cash on delivery” payment method.
Acceptance methods, acceptance fees
Foxpost courier service
The product is delivered by the Foxpost courier service.
You can find more information here: https://www.foxpost.hu/
The fee for this delivery method is HUF 1499 gross.
Completion date
Regarding the order, the general delivery deadline is a maximum of 5 days from the confirmation of the order.
Reservation of rights, ownership clause
If you have previously ordered a product without receiving it during delivery (not including the case when you exercised your right of withdrawal), or the product was returned to the seller with a not wanted mark, the seller will fulfill the order based on the purchase price and the obligates you to pay shipping costs in advance.
The Seller may withhold the delivery of the Product until he is satisfied that the payment of the Product price has been successfully made using the electronic payment solution (including the case where, in the case of a product paid by bank transfer, the Buyer transfers the purchase price and the conversion in the currency of his 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 call the Buyer to supplement the purchase price.
Sales abroad
The Seller does not distinguish between buyers in the territory of Hungary and outside the territory of the European Union by using the Website. In the absence of a different provision of these GTC, the Seller ensures the delivery/receipt of the ordered products in the territory of Hungary.
The provisions of these General Terms and Conditions apply to purchases outside of Hungary as well, with the fact that, based on the provisions of the relevant decree, a consumer who is a citizen of a Member State or has a place of residence in a Member State, or a business that has a place of business in a Member State, is considered a buyer in the interpretation of this point. and within the European Union buys goods or uses services for the sole purpose of end use, or acts with such intent. A consumer is a natural person who acts for a purpose that is outside the scope of his commercial, industrial, craft or professional activities.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the buyer’s Member State.
The Seller is not obliged to comply with the non-contractual requirements defined in the national law of the Buyer’s Member State in relation to the Product concerned, such as labeling or sector-specific requirements, or to inform the Buyer of these requirements
Unless otherwise specified by the Seller, Hungarian VAT is applied to all Products.
The customer can exercise his legal rights in accordance with these GTC.
If an electronic payment solution is used, the payment is made in the currency specified by the Seller,
The Seller may withhold delivery of the Product until he is satisfied that the payment of the Product price and the delivery fee has been successfully and fully made using the electronic payment solution (including the case where, in the case of a product paid by bank transfer, the Buyer transfers the product in the currency of his Member State to purchase price (delivery fee) and the conversion, as well as bank commissions and costs, the Seller does not receive the full amount of the purchase price). If the price of the Product has not been paid in full, the Seller may call the Buyer to supplement the purchase price.
In order to hand over the Product, the Seller also provides non-Hungarian buyers with the same handover options as Hungarian buyers.
If the Customer can request delivery of the Product to the territory of Hungary or any other European Union member state according to the General Terms and Conditions, the non-Hungarian customer may also request this by any of the delivery methods indicated in the General Terms and Conditions.
If, according to the General Terms and Conditions, the Buyer can choose to receive the Product in person from the Seller, this can also be used by non-Hungarian buyers.
In other cases, the Buyer may request that the Product be shipped abroad at his own expense. Hungarian customers do not have this right.
The Seller fulfills the order after payment of the delivery fee, if the Buyer does not pay the delivery fee to the Seller, or does not resolve his own delivery by the pre-agreed date, the Seller will terminate the contract and refund the pre-paid purchase price to the Buyer.
Consumer information no. 45/2014. (II. 26.) Based on a government decree
contents
• Consumer information
• Right of withdrawal
• Warranty rights
Information on the consumer’s right of withdrawal
As a consumer, the Civil Code 8:1. According to § 1, point 3, only a natural person acting outside the scope of his profession, independent occupation or business activity is considered, so legal entities cannot use the right of withdrawal without justification!
45/2014. (II. 26.) According to § 20 of the Government Decree, you have the right to cancel without giving reasons. The consumer has the right of withdrawal
a) in the case of a contract for the sale of a product
aa) the product,
ab) when buying and selling several products, if each product is delivered at a different time, to the last delivered product,
it can be exercised within the deadline starting from the date of receipt by the consumer or a third party indicated by him, other than the carrier, which deadline is 14 days.
The provisions of this clause do not affect the consumer’s right to exercise the right of withdrawal specified in this clause during the period between the date of conclusion of the contract and the day 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 the conclusion of the contract, which terminates the binding nature of the offer covering the conclusion of the contract.
Declaration of withdrawal, exercise of the consumer’s right of withdrawal or termination
45/2014, the consumer (II. 26.) You can exercise your right guaranteed in § 20 of the Government Decree by means of a clear declaration to this effect, or by using a sample declaration that can also be downloaded from the website.
Validity of the consumer’s declaration of withdrawal
The right of withdrawal shall be deemed to have been asserted within the deadline if the consumer sends his statement within the deadline. The deadline is 14 days.
The consumer bears the burden of proving that he exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer’s declaration of withdrawal on an electronic data medium immediately after its arrival, if it also provides the consumer with the exercise of the right of withdrawal on its website.
Obligations of the Seller in case of cancellation by the consumer
The Seller’s obligation to refund
If the consumer is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, the Seller shall refund the full amount paid by the consumer as compensation, including the costs incurred in connection with the performance, such as the delivery fee, no later than fourteen days after becoming aware of the withdrawal too. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the least expensive standard mode of transport.
Method of the Seller’s refund obligation
45/2014. (II. 26.) In case of withdrawal or termination in accordance with § 22 of the Government Decree, the Seller will refund the amount due to the consumer in the same way as the payment method used by the consumer. Based on the express consent of the consumer, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller is not responsible for delays due to a wrongly and/or inaccurately provided bank account number or postal address by the Consumer.
Additional costs
If the consumer specifically chooses a mode of transport other than the least expensive usual mode of transport, the Seller is not obliged to reimburse the resulting additional costs. In such a case, we are obliged to refund up to the indicated general delivery charges.
Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the product or has proven beyond doubt that he has returned it; of the two, the earlier date must be taken into account. We are unable to accept items sent by cash on delivery or by post.
In the event of withdrawal or termination of the consumer’s obligations
Returning the product
If the consumer is the 45/2014. (II. 26.) In accordance with § 22 of the Government Decree, he withdraws from the contract, he is obliged to return the product immediately, but no later than within fourteen days from the notification of withdrawal, or hand it over to the Seller or to a person authorized by the Seller to receive the product. The return is deemed completed within the deadline if the consumer sends the product before the deadline.
Bearing the direct costs related to the return of the product
The consumer bears the direct cost of returning the product. The product must be returned to the Seller’s address. If the consumer terminates the service provision contract concluded off-premises or between absent parties after the start of performance, he is obliged to pay the company a fee commensurate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the consumer must be determined on the basis of the total amount of the consideration established in the contract plus tax. If the consumer proves that the total amount determined in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract. Please note that we are unable to accept a product returned by cash on delivery or by postage.
Consumer responsibility for depreciation
The consumer is responsible for the depreciation resulting from use that exceeds the use necessary to determine the nature, properties and operation of the product.
The right of withdrawal cannot be exercised in the following cases
The Seller specifically 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.). In the cases included in paragraph (1):
a) in the case of a contract for the provision of a service, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the consumer, and the consumer has acknowledged that he loses his right of termination after the completion of the service as a whole;
b) with respect to a product or service whose price or fee depends on the possible fluctuation of the financial market, even during the deadline for exercising the right of withdrawal, which cannot be influenced by the company;
c) in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;
d) with respect to a perishable product or a product that retains its quality for a short time;
e) with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
f) with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
g) with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a way that the company cannot influence, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;
h) in the case of a business contract where the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
i) with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;
j) with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
k) in the case of contracts concluded at a public auction;
l) with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or services related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;
m) with regard to digital data content provided on a non-material data carrier, if the business has begun performance with the express, prior consent of the consumer, and at the same time as this consent, the consumer has declared that he/she will lose his/her right of withdrawal after the commencement of performance.
Accessory warranty, product warranty, warranty
This point of the consumer information was prepared based on the authorization of Section 9 (3) of Government Decree 45/2014 (II.26) by applying Annex No. 3 of Government Decree 45/2014 (II.26).
Accessories warranty
In which case can you exercise your accessory warranty right?
In the event of defective performance by the Seller, you may assert a warranty claim against the Seller in accordance with the rules of the Civil Code.
What rights are you entitled to based on your warranty claim?
You can – according to your choice – make use of the following accessory warranty claims:
You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation or you can repair the defect at the Seller’s expense, or you can have it repaired by someone else or – as a last resort – you can also withdraw from the contract.
You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.
What is the deadline for asserting your warranty claim?
You are obliged to report the error immediately after discovering it, but no later than within two months of discovering the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract.
If the subject of the contract between the consumer and the business is a used item, the parties can also agree on a shorter limitation period; a limitation period of less than one year cannot be validly established in this case eithe
Who can you enforce your accessory warranty claim against?
You can enforce your accessory warranty claim against the Seller.
What other conditions are there for asserting your accessory warranty rights?
Within six months from the date of delivery, there is no other condition for validating your accessory warranty claim other than reporting the defect, if you prove that the product or service was provided by the Seller. However, after six months have passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.
In the case of used products, warranty rights differ from the general rules. In the case of used products, we can also speak of defective performance, however, the circumstances under which the Buyer could have expected the occurrence of certain defects must be taken into account. Due to obsolescence, the occurrence of certain defects becomes more and 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 Buyer can only enforce its warranty rights with respect to defects that are beyond defects resulting from use and that arose independently of them. If the used product is defective and the Buyer, who is considered a Consumer, received information about this at the time of purchase, the Service Provider is not responsible for the known defect.
Product warranty
In which case can you use your product warranty right?
In the event of a defect in a movable thing (product), you can – according to your choice – assert a warranty claim for accessories or a claim for product warranty.
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?
The product is defective if it does not meet the quality requirements in force at the time it is placed on the market or if it does not have the properties described by the manufacturer.
What is the deadline for asserting 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. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your 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 what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
• the product was not manufactured or marketed as part of its business activities, or
• the defect could not be recognized according to the state of science and technology at the time of placing it on the market or
• the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.
Warranty
In which case can you use your warranty right?
151/2003 on the mandatory warranty for certain consumer durables in case of faulty performance. (IX. 22.) Based on government decree, the Seller is obliged to provide a warranty.
Legislation requires the provision of a warranty for durable consumer goods (e.g.: technical goods, tools, machines) and their parts, the purchase value of which exceeds HUF 10,000.
What rights are you entitled to under the warranty and within what time frame?
151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) Government decree defines the cases of mandatory warranty. In the case of Products that do not fall under this scope, the Seller does not undertake any warranty. The warranty claim can be asserted within the warranty period. If the obligor does not comply with his obligation to the claimant within the appropriate time limit, the warranty claim can be asserted in court within three months of the expiration of the deadline set in the call, even if the warranty period has already expired. Failure to meet this deadline will result in loss of rights. In order to validate the warranty claim, the rules for the exercise of accessory warranty rights must also be properly applied. The warranty period is one year. Failure to meet this deadline will result in loss of rights. The warranty period begins on the day the consumer product is handed over to the consumer, or if the company or its representative performs the commissioning. Please contact the manufacturer regarding any warranty claims beyond one year!
How does the warranty relate to other warranty rights?
The warranty applies in addition to the warranty rights (product and accessories warranty), the fundamental difference between the general warranty rights and the warranty is that in the case of the warranty, the consumer has a more favorable burden of proof.
Consumer goods with a fixed connection that are subject to a mandatory warranty according to Government Decree 151/2003, or that weigh more than 10 kg or cannot be transported as hand luggage on public transport – 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 company will take care of the disassembly and installation, as well as the delivery and return, or – in the case of a request for repair validated directly at the repair service – the repair service.
During the period of the mandatory warranty, the seller’s undertaking may not contain conditions for the consumer that are more disadvantageous than the rights provided by the rules of the mandatory warranty. After that (after 1 year), however, the terms of the voluntary warranty can be determined freely, however, in this case, the warranty may not affect the existence of the consumer’s legal rights, including those based on the accessories warranty.
Exchange request within three working days.
The institution of the exchange request within three working days also applies in the case of sales through an online store. 151/2003, a replacement request within three working days. (IX. 22.) It can be enforced in the case of consumer durables covered by government decree, according to which, if someone validates the institution of the exchange request within 3 working days, the seller must interpret this as meaning that the product was already defective at the time of sale and all without further ado, you must replace the product.
When is the Seller 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 the performance.
We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, but otherwise you are entitled to the rights arising from the warranty regardless of the warranty entitlements.
The deadline for exercising the warranty and guarantee rights written in these GTC starts from the day the Customer receives the product.