GENERAL TERMS AND CONDITIONS (GTC)
Effective from November 19, 2019
· General terms and conditions
· Consumer information
Welcome to our site! Thank you for trusting us with your purchase!
This webshop GTC is made with the Consumer Friend GTC generator.
Please read this document carefully before finalizing your order, as by finalizing your order you agree to the contents of this GTC!
Imprint: details of the Service Provider (Seller, Company)
Name : Trans-Europe Consulting Zrt.
Headquarters : 1026 Budapest Torockó utca 4. mfsz. First
Mailing address : 1026 Budapest Torockó utca 4. mfsz. First
Address of the shop, collection point : 1026 Budapest Torockó utca 4. mfsz. First
Registrar : Metropolitan Court of Registration
Company Registration Number : 01-10-140166
Tax number : 26646066-2-41
Representative : György Kafka Zoltán
Phone number : +361 392 0700
E-mail : firstname.lastname@example.org
Website : http://www.szoftverbolt.hu
Bank Account Number: 10104105-56019646-00000001
Hosting provider details
Name : Bokor & Vizmeg GbR
Head office : Kunigundenstr. 35. 91207 Lauf
Contact : 004901723125986, email@example.com
Parties: Seller and Buyer together
Consumer: a natural person acting outside the scope of his or her profession, self-employment or business
Consumer contract: a contract the subject of which is a consumer
Website: This website is used to conclude the contract
Contract: Purchase Agreement between Seller and Buyer through Website and Email
Means of communication between absentees : means capable of making a contractual statement in the absence of the parties to conclude a contract. Such devices include in particular the addressee's or unaddressed form, the standard letter, the advertisement in the press product with the order form, the catalog, the telephone, the fax and the internet access device.
Distance contract: a consumer contract which, under a distance selling arrangement for the provision of a contract product or service, is concluded without the parties being physically present and that, for the purpose of concluding the contract, the parties use only a means of communication
Product: All available-for-sale movable property for sale on the Site that is subject to the Agreement
Business: A person who is in the profession, self-employment or business
Buyer / You: Contractor Offering a Purchase Offer through the Website Warranty: In the case of contracts between a consumer and a business (the "Consumer Contract"),
1. (a) a guarantee for performance of the contract, voluntarily assumed by the undertaking in addition to or in the absence of its legal obligation to perform the contract properly; and
2. (b) statutory warranty
The Contract shall be governed by the provisions of Hungarian law, and in particular the following:
CLV 1997. Act
CVIII of 2001 on Consumer Protection Act V of 2013 on Certain Issues in Electronic Commerce Services and Information Society Services
Act V of 2013 on the Civil Code
151/2003. (IX.22.) Government Decree on Compulsory Warranty on Consumer Durables
45/2014. (II.26.) On the detailed rules of contracts between consumers and businesses
19/2014. (IV.29.) NGM on the Rules of Procedure for Handling Warranty and Warranty Claims in Consumer Sales
Act LXXVI of 1997 Copyright
Act CXX of 2011 Informational Self-Determination Act, the Freedom of Information Law and
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) No 2018/302 (2018, February 28) based content unjustified territorial restrictions and discrimination within the internal market on the basis of the nationality, domicile or residence other on action against its forms and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22 / EC
Scope and approval of the GTC
The content of the agreement between us, in addition to the provisions of the applicable binding legal acts, is governed by these General Terms and Conditions (hereinafter "GTC"). Accordingly, these Terms and Conditions contain your rights and obligations with respect to you and us, the terms and conditions of the contract, the performance dates, the delivery and payment terms, the liability rules, and the conditions for exercising the right of withdrawal.
The technical information required to use the Website, which is not included in these GTC, is provided by other information available on the Website.
You must familiarize yourself with the provisions of these GTC before finalizing your order. By purchasing through our webshop, you accept the terms of this GTC and are fully part of the agreement between you and the Seller.
The language of the contract, the form of the contract
The language of contracts subject to these GTC shall be Hungarian.
Contracts covered by these GTCs shall not be considered as written contracts and shall not be registered by the Seller.
All prices are in HUF and include 27% VAT. The prices are informative. It is not excluded that the Seller may change prices for business reasons. Price modifications do not apply to contracts already concluded. If the Seller has misrepresented the price, it shall proceed in accordance with the “Procedure with incorrect price” of the GTC for contracts already concluded.
Complaint handling and redress
The consumer may submit consumer complaints about the product or the Seller's activities at the following contact details:
· Customer service office location: 1026 Budapest Torockó utca 4. mfsz. First
· Customer Service Opening Hours:
· Phone: +361 392 0700
· Internet address: http://www.szoftverbolt.hu
· E-mail: firstname.lastname@example.org
Entry in the buyers' book. The Buyers Book is available at the Seller's store (customer service). The Seller will respond in writing within 30 days to entries posted here.
The consumer may communicate orally or in writing to the trader a complaint concerning the conduct, act or omission of the trader or any person acting in the name of or on behalf of the trader to sell or sell the goods to the consumer.
Verbal complaints must be promptly investigated by the business and remedied as necessary . If the consumer disagrees with the handling of the complaint or if the complaint is not immediately investigated, the business shall immediately record the complaint and its position and hand over a copy of it in person to the consumer in case of an oral complaint. In the case of an oral complaint made by telephone or other electronic communications service, the consumer shall be sent at the same time as the substantive reply, in accordance with the rules governing the reply to a written complaint, no later than 30 days. Otherwise, it is required to follow the written complaint as follows. Unless otherwise provided in the directly applicable legal act of the European Union, the undertaking must reply in writing within thirty days of receipt of the written complaint and take action to communicate it in writing . A shorter deadline may be set by law and a longer deadline may be set by law. The undertaking must give reasons for its position rejecting the complaint. A business must provide a unique identification number for verbal complaints made by telephone or electronic communications services.
The minutes of the complaint shall contain:
1. the consumer's name and address,
2. where, when, how,
3. a detailed description of the consumer's complaint, a list of the documents, documents and other evidence submitted by the consumer,
4. a statement by the business regarding its position on the consumer's complaint, where the complaint can be promptly investigated,
5. the signature of the person taking the minutes and, except for verbal complaints made by telephone or other electronic communications service, the consumer,
6. place and time of recording,
7. in the case of a oral complaint made by telephone or other electronic communications service, the unique identifier of the complaint.
The undertaking shall keep a record of the complaint and a copy of the reply for a period of five years and shall make it available to the control authorities on request.
In the event of a complaint being rejected, the business shall inform the consumer in writing of the nature of the complaint, which authority or the arbitration body may initiate proceedings. The information shall also include the location, telephone and internet contact details and the postal address of the competent authority or of the conciliation body where the consumer is domiciled or resident. The information shall also include whether the business uses the arbitration procedure to resolve a consumer dispute.
In the event that any consumer dispute between Seller and consumer is not resolved during the negotiations, the following remedies are open to the consumer:
Complaint to Consumer Protection Authorities . If the consumer discovers a breach of his consumer rights, he has the right to complain to the consumer protection authority in his place of residence. After considering the complaint, the authority will decide on the consumer protection procedure. The first-level consumer protection duties are performed by the district offices competent for the consumer's place of residence, a list of which can be found at: http://jarasinfo.gov.hu/
Legal proceedings. Customer is entitled to a court action to enforce a consumer claim in a civil proceeding under Act V of 2013 on the Civil Code and CXXX of 2016 on the Code of Civil Procedure. Act.
Please be advised that you may file a consumer complaint with us. If your consumer complaint is rejected, you also have the right to apply to the Arbitration Body competent in your place of residence or residence: the initiation of the arbitration body procedure is subject to the consumer's direct attempt to resolve the dispute with the business concerned. At the request of the consumer, the procedure shall be replaced by the conciliation body indicated in the consumer's request instead of the competent body.
The undertaking shall be subject to the duty of cooperation in conciliation proceedings.
This includes the obligation for companies to send a response to the invitation of the conciliation body and the obligation to appear before the conciliation body ("ensuring the presence of the person authorized to enter into a hearing").
Where the business or seat of the business is not established in the county in which the conciliation body operating the territorially competent body is located, the business' obligation to cooperate shall include offering the possibility of a written settlement in accordance with the consumer's requirements.
In the event of a breach of the above obligation to cooperate, the Consumer Protection Authority will have the power to impose mandatory fines in case of unlawful conduct on the part of businesses as a result of a change in the law . In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-sized Enterprises Act has also been amended so that no fine can be avoided in the case of small and medium-sized enterprises.
For small and medium-sized enterprises, the fine may range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises subject to the Accounting Act exceeding HUF 100 million, 5% of the annual net sales of the enterprise up to $ 500. By imposing a mandatory fine, the legislator seeks to emphasize cooperation with conciliation bodies and to ensure the active involvement of businesses in the conciliation proceedings.
The conciliation body is competent for the out-of-court settlement of consumer disputes. It is the task of the conciliation body to attempt to reach a settlement between the parties for the purpose of resolving consumer disputes, failing which it will decide on the matter in order to ensure the simple, expeditious, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall advise on the rights and obligations of the consumer.
Proceedings of the conciliation body shall be initiated at the request of the consumer. The request shall be made in writing to the chairman of the conciliation board: the requirement of written form may be fulfilled by letter, telegram, telegraph or telefax, or by any other means that enables the recipient to retain the data addressed to him for an appropriate period of time. , and displaying stored data in unchanged form and content.
The application must include
a. the consumer's name, place of residence or place of stay,
b. the name, registered office or place of business of the consumer involved in a consumer dispute,
c. where the consumer has jurisdiction indicated by the body requested in place of the competent conciliation body,
d. a brief description of the consumer's position, the facts supporting it and the evidence therefor,
e. a statement by the consumer that the consumer has directly attempted to resolve the dispute with the business concerned
f. a statement by the consumer that no other conciliation body has taken action in the matter, no mediation has been initiated, no claim has been made or no request for payment has been made,
g. motion for a decision of the Board,
h. the signature of the consumer.
The application shall be accompanied by the document or a copy (extract) of the document the content of which the consumer refers to as evidence, in particular a written statement of the undertaking rejecting the complaint or, failing that, any other written evidence available to the consumer attempting to seek conciliation.
If the consumer acts through an agent, the application shall be accompanied by the authorization.
More information on the Conciliation Boards is available at http://www.bekeltetes.hu
More information on the regionally competent Arbitration Bodies can be found here:
Contact details for each of the territorially competent Arbitration Bodies:
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
Email: email@example.com ; firstname.lastname@example.org Website: www.bacsbekeltetes.hu
Békés County Arbitration Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone Number: 06-66-324-976
Borsod-Abaúj-Zemplén County Conciliation Body
Address: 3525 Miskolc, Szentpáli u. 1.
Phone Number: 06-46-501-091; 06-46-501-870
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Phone number: 06-1-488-2131
Csongrád County Arbitration Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62-554-250 / 118
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number: 06-22-510-310
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10 / a.
Phone number: 06-96-520-217
Heves County Arbitration Board
Address: 3300 Eger, Faiskola út 15.
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
Komárom-Esztergom County Conciliation Body
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34-513-027
Nógrád County Arbitration Board
Address: 3100 Salkotót, Alkotmány út 9 / A.
Phone number: 06-32-520-860
Pest County Arbitration Board
Address: 1119 Budapest, Etele út 59-61. II. floor 240.
Mailing address: 1364 Budapest, Pf .: 81
Phone number: 06-1-269-0703
Somogy County Arbitration Board
Address: 7400 Kaposvár, Anna u.6.
Phone number: 06-82-501-026
Szabolcs-Szatmár-Bereg County Conciliation Body
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42-311-544
Tolna County Arbitration Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. floor
Phone number: 06-74-411-661
Vas County Arbitration Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94-312-356
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. ground floor 116.
Phone number: 06-88-429-008
Zala County Arbitration Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Phone Number: 06-92-550-513
Online dispute resolution platform
The European Commission has created a website where consumers can register, enabling them to settle their online shopping disputes by filling out an application without having to go to court. In this way, consumers can enforce their rights without, for example, being prevented by distance.
If you wish to complain about a product or service purchased online and do not necessarily have to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader against whom you have complained can jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
Copyright Act LXXVI of 1999 Pursuant to Article 1 (1) of the Act of 1995 on the Protection of Public Health (hereinafter: the "Act"), the website is considered as a copyright work, therefore all parts thereof are protected by copyright. The Cell. Article 16 (1) prohibits the unauthorized use of graphic and software solutions, computer programs, or any application that modifies the website or any part thereof. You may retrieve any material from the Website and its Database, even with the written permission of the rightholder, by reference to the Website and the source. Ownership: Trans-Europe Consulting Zrt.
Partial Invalidity, Code of Conduct
If any clause of the GTC is legally incomplete or invalid, the remaining clauses of the contract will remain in effect and the provisions of the applicable legislation will apply instead of the invalid or defective part.
The Seller does not have a Code of Conduct under the Unlawful Commercial Practices Prohibition Against Consumers Act.
Operation of digital data content, technical protection measures
The availability of servers that provide data appearing on this website is over 99.9% per year. All data is backed up periodically, so in the event of a problem, the original data can be restored . The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is encrypted with sufficient strength and encrypted with hardware support built into the processor.
Information on the essential characteristics of products
This website provides information on the essential features of the products you purchase for each product.
Correcting Data Input Errors - Responsibility for the accuracy of the data entered
During the order process, you have the opportunity to change the information you have entered before the order is finalized (clicking on the back button in the browser will open the previous page so that you can correct the entered data even if you have already moved to the next page). Please note that it is your responsibility to ensure that the details you provide are accurately entered, as the information you provide will be invoiced or shipped. By placing your order, you acknowledge that Seller is entitled to indemnify you for any loss or expense incurred as a result of your incorrect data entry or inaccurate information. Seller disclaims any responsibility for performance based on inaccurate data entry. Please note that incorrect e-mail address or storage space in your mailbox may result in a lack of confirmation delivery and may prevent the contract from being concluded.
Procedure in case of incorrect price
A manifestly mispriced price is:
· $ 0 price,
· discounted price but misrepresenting the discount (e.g. $ 500 for a $ 1,000 product with a 20% discount).
In the event of an incorrect price being indicated, the Seller shall offer the option of purchasing the product at fair price, which information may be used by the Buyer to decide whether to order the product at fair price or to cancel the order without adverse consequences.
Use of the Website
The purchase is subject to registration.
The process of buying
Select the Product
By clicking on the product categories on this site, you can select the product line you want, including the individual products. By clicking on each product you will find the product photo, article number, description, price. You will have to pay the price shown on the website when making a purchase. The products are marked with an illustrated photograph. Accessories and decorative elements shown in the photos are not part of the product, unless specifically noted in the product description. Please note that we are not responsible for any misspellings or incorrect data!
Put into cart
Once you have selected the Product, you can click on the "Add to Cart" button to place any number of items in the basket without incurring any obligation to purchase or pay, as placing in the basket is not an offer.
We recommend that you add the product to your shopping cart even if you are unsure of what you want to buy, as this will give you a single click to see which products you have selected at a given moment and display them on a single screen. you can view and compare. The contents of the Cart can be freely modified until the order is finalized - by clicking on the "Confirm Order" button, the products can be removed from the cart, new products can be added to the cart or the desired product number can be changed.
If you add the selected product to 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 than one item, click on the "Continue to Cart" button! If you would like to view the selected product again or add another product to the cart, click on the "Back to product" button!
When using this 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 cart or change the number of items. After clicking the "Refresh Cart" button, the system will display the information corresponding to the data you have changed, including the price of the items added to the cart.
If you do not wish to select additional products and add them to your cart, you can continue shopping by clicking on the "Order" button.
Enter customer information
After clicking on the "Order" button, you will see the contents of the shopping cart and the total purchase price you pay when purchasing the products you have selected. In the "Delivery Service" box, you must indicate whether you would like to receive the ordered product personally (personal pick up) or request delivery. In case of delivery, the system will indicate the delivery fee you are required to pay for the order.
In the "User information" text box you can enter your e-mail address, in the "Billing information" text box you can enter your full name, address and phone number. In the "Shipping Information" text box, the system automatically stores the data you entered in the "Billing Information" box. If you request shipping to a different address, please uncheck the box. In the "Comment" text box, "you are free to enter additional information.
Once you have filled in the text boxes above, you can continue with the ordering process by clicking the "Continue to the Next Step" button, or by clicking "Cancel" to delete / correct previously entered data and return to the Cart Contents. Clicking the "Continue to the Next Step" button will take you to the "Order Overview" page. Here you can see a summary of the information you have previously provided, such as the contents of the Shopping Cart, user, billing and shipping information and the amount you are paying (you can not change this information here unless you click the "Back" button).
Order Completion (Bidding)
If you are satisfied that the contents of the shopping cart match the products you are ordering and that your information is correct, you can close your order by clicking on the "Order with payment obligation" button. The information provided on this website does not constitute an offer for sale by the Seller. You are considered to be the tenderer for orders covered by these GTC.
You expressly acknowledge by clicking on the "Order with payment obligation" button that your offer will be deemed to have been made and that your declaration will entail a payment obligation if the Seller confirms this GTC. You will be bound by your offer within 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these General Terms and Conditions, you will be released from your offer.
Order processing, contract conclusion
Orders are processed in two steps. You have the opportunity to place an order at any time. You will first receive an automatic feedback on your order, which will only record that your order has been received through the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation e-mail notification contains your data incorrectly (eg name, shipping address, telephone number, etc.), you are obligated to do so by e-mail without delay, along with the correct details. communicated. If you do not receive the automatic confirmation email within 24 hours of your order, please contact us as your order may not have been received due to technical reasons.
After sending your offer, the Seller will confirm your offer by a second email. The contract is made when the confirmation email sent by the Seller becomes available to you in your email system (second confirmation).
You can also pay for the products by bank transfer.
If you would like to pay the value of your order when you receive your package, please select the "Pick up" payment method.
You have the option of paying the price of the product and the delivery fee in cash upon receipt of the product.
Acceptance methods, acceptance fees
Delivery within Budapest with own courier
Delivery within Budapest is free of charge with our courier service.
We ship physical orders abroad with TNT. Price varies by shipping address, which you can inquire by email.
GLS Courier Service
The product is shipped by the GLS courier service.
You can find more information here: https://gls-group.eu/en/en/images
Personal pickup at 1026 Budapest Torockó utca 4 can be done on weekdays from 9am to 6pm.
The general deadline for completing the order is 30 days from the order confirmation . This delivery date is for information purposes only, and any departure will be notified by email.
Reservation of rights, ownership clause
If you have previously ordered a Product without having received it at the time of delivery (not including your right of cancellation) or the Product has not been returned to the Seller with a notice, the Seller will complete the order at the purchase price and for transport costs in advance.
Seller may withhold delivery of the Product until it is satisfied that the price of the Product has been successfully paid through the electronic payment solution (including where the purchase price and the conversion are paid by Buyer in the currency of its Member State, as well as bank commissions and costs, the Seller will not receive the full amount of the purchase price and shipping fee). If the price of the Product has not been paid in full, the Seller may call the Buyer to supplement the purchase price.
Seller does not distinguish between buyers within and outside the European Union using the Website. Unless otherwise provided in these GTC, Seller shall ensure delivery / receipt of the ordered products within Hungary.
For purchases made outside Hungary, the provisions of this GTC shall also apply to the consumer, who is a national of or resident in a Member State or an undertaking established in a Member State, within the meaning of this Regulation, and purchases or uses in the European Union goods or services solely for the purposes of end use. A consumer is a natural person who is acting for purposes which are outside his trade, business, craft or profession.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the buyer's Member State.
The Seller shall not be required to comply with, or to inform the Buyer of, any non-contractual requirements, such as labeling or industry-specific requirements, applicable to the Product in question under the national law of the Member State of the Buyer.
Unless otherwise specified by Seller, you will apply Hungarian VAT to all Products.
According to these GTC, the Buyer may exercise his / her rights of enforcement.
In the case of an electronic payment solution, payment shall be made in the currency specified by the Seller,
The Seller may withhold delivery of the Product until it is satisfied that the price of the Product and the delivery fee have been successfully and fully paid through the electronic payment solution (including when a Purchased Product is paid in the currency of its Member State) purchase price (shipping fee) and due to conversion and bank commissions and costs the Seller will 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.
The Seller also provides non-Hungarian customers with the opportunity to hand over the Product to Hungarian Buyers.
If the Buyer may request delivery of the Product to the territory of Hungary or to any other Member State of the European Union in accordance with the GTC, the non-Hungarian customer may request it by any of the delivery methods specified in the GTC.
If the Buyer has the right to choose to receive the Product personally from the Seller in accordance with the GTC, then the non-Hungarian buyer can use it.
Otherwise, Customer may request delivery of the Product abroad at its own expense. Hungarian customers are not entitled to this right.
The Seller will fulfill the order after payment of the delivery fee, if the Buyer does not pay the delivery fee to the Seller, or does not solve his own delivery before the agreed date, the Seller terminates the contract and refunds the paid purchase price to the Buyer.
Consumer information on the 45/2014. (II. 26.) Government Decree
· Consumer information
Information on the consumer's right of withdrawal
As a consumer, the Ptk. 8: 1st § 1 (3) states that only natural persons acting outside the scope of their profession, self-employment or business activity are eligible , so that legal persons cannot exercise the right of withdrawal without justification! The consumer was (II. 26.) Government has the right to withdraw without justification. The consumer has the right of withdrawal
(a) in the case of a contract for the sale of a product
(aa) the product,
(ab) in the case of sale of more than one product, where each product is supplied at a different time, to the last product supplied,
within a period of 14 days from the date of receipt by the consumer or by a third party other than the carrier and indicated by the carrier .
Nothing in this paragraph shall affect the consumer's right to exercise the right of withdrawal specified in this paragraph between the date of conclusion of the contract and the date of receipt of the product.
If the consumer has made an offer for the conclusion of the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the binding obligation to conclude the contract.
Notice of withdrawal, exercise of the consumer's right of withdrawal or cancellation
The consumer has (II. 26.) of the Government of the Republic of Hungary by exercising its right by means of a clear statement to this effect or by using a template of the statement that can be downloaded from the website.
Validity of the consumer's withdrawal statement
The right of withdrawal shall be deemed to be exercised within the time limit if the consumer submits the declaration within the time limit. The deadline is 14 days.
It shall be for the consumer to prove that he has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's notice of withdrawal immediately upon its receipt by electronic means, provided that it also provides the consumer with the right of withdrawal on its website.
Obligations of the Seller in the event of the consumer's withdrawal
Seller's Refund Obligation
If the consumer has (II. 26.), the Seller shall, within fourteen days of becoming aware of the cancellation, reimburse the full amount paid by the consumer in consideration, including any costs incurred in connection with the performance, including delivery charges. too. Please note that this provision does not apply to extra costs incurred by choosing a mode other than the least costly mode of transport.
Method of Seller's Refund Obligation
No. 45/2014. (II. 26.), the Seller shall refund the amount due to the consumer in the same way as the payment method used by the consumer. Subject to the consumer's express consent, the Seller may use another form of payment for the refund, but shall not charge the consumer any additional fee. The Seller shall not be liable for any delay due to the Customer's incorrectly and / or inaccurately entered bank account or postal address.
If the consumer expressly opts for a mode of transport other than the least costly, the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are responsible for the refund up to the general shipping rates shown.
Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the product or has unequivocally confirmed that it has been returned; the earlier of the two shall be taken into account. We are unable to accept postal delivery or postal delivery.
In the event of termination or cancellation of the consumer's obligations
Returning the Product
If the consumer has (II. 26.) Korm. Shall cancel the contract in accordance with Section 22, shall return the product immediately, but no later than fourteen days after the notice of withdrawal, or return it to the Seller or a person authorized by the Seller to take over the product. Returns are deemed to have been completed on time if the consumer has sent the product before the time limit expires.
The cost of returning the product
The consumer shall bear the cost of returning the product. The product must be returned to the Seller's address. If the consumer terminates the off-premises or off-premises contract for the provision of a service after commencement of performance, he shall be required to pay to the business a fee commensurate with the service rendered up to the date of notification of the termination. The amount payable by the consumer shall be determined on the basis of the total amount of the consideration for the contract, plus tax. Where the consumer proves that the total amount so determined is excessive, the proportionate amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we will not be able to pick up any product returned by cash on delivery or by post.
Consumer's responsibility for depreciation
The consumer shall be liable for any diminution in use resulting from use in excess of that necessary to determine the nature, characteristics and functioning of the product.
The right of withdrawal is not available in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal pursuant to Article 29 of Government Decree 45/2014 (II.26.). In the cases referred to in paragraph 1: (
a) in the case of a contract for the provision of a service, after the performance of the service as a whole has begun with the consumer's prior express consent and the consumer has acknowledged that he will lose his right of termination; ; (b) in the case of a product or service whose price or charge is beyond the control of the financial market undertaking, it is subject to the possibility of fluctuations in the exercise of the right of withdrawal even within a given period; (c) in the case of a non-prefabricated product which has been manufactured at the consumer's request or at the express request of the consumer, or which is clearly personalized to the consumer; (d) perishable or of short-lived quality; (e) in sealed product which cannot be returned after opening for health or hygiene reasons after it has been opened; (f) in the case of a product which, by its nature, is inextricably linked to another product after its transfer; (g) for alcoholic beverages the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed by the parties at the time of the conclusion of the contract of sale but is not performed until thirty days after the date of conclusion; (h) in the case of a business contract where the business, at the express request of the consumer, requests the consumer to carry out urgent repair or maintenance work; (i) the sale or purchase of sealed audio or video recordings and computer software in cases where, after delivery, the consumer has opened the packaging; (j) newspapers, magazines and periodicals other than subscription contracts; (k) for contracts awarded at public auction; (l) a contract for the provision of accommodation, transport, car rental, catering or leisure services, other than residential services, where the performance date or time limit specified in the contract is fixed; (m) in the case of digital content supplied on a tangible medium, where the business has begun performance with the consumer's express prior consent, and the consumer has at the same time made a declaration to the effect that he will lose his right of withdrawal.
Warranty, Product Warranty, Warranty
This section of the Consumer Information is based on the authorization of Article 9 (3) of Government Decree 45/2014 (II.26.), Applying Annex 3 to Government Decree 45/2014 (II.26.).
When can you exercise your right to a warranty claim?
You may enforce a Warranty Claim against Seller in the event of Defective Seller performance under the terms of the Civil Code.
What rights do you have under your warranty claim?
You have the following warranty claims at your option:
You may request repair or replacement, unless fulfillment of the claim you have selected is impossible or would result in a disproportionate additional cost for Seller to meet another claim. If you did not request or request a repair or replacement, you may request a pro-rata reduction of the consideration, or you may repair the defect at the Seller's expense, or you may terminate the contract.
You may switch from one of your selected consumable warranty rights, but you will bear the cost of the upgrade unless warranted or provided by Seller.
What is the deadline for your warranty claim?
You are required to report the defect immediately upon discovery, but no later than two months after the discovery of the defect. However, please note that you will no longer be able to enforce your warranty coverage beyond the two-year limitation period for this contract.
If the subject-matter of the contract between the consumer and the business is a second-hand contract, the parties may agree to a shorter limitation period; a limitation period of less than one year cannot be validly imposed in this case either.
Who can enforce your warranty claim against?
You may enforce your warranty claim against the Seller.
What are the other conditions to enforce your warranty claims?
Within six months of the date of delivery, there is no other condition beyond the date of the defect as stated in the Warranty Claim if you certify that the product or service was provided by Seller. However, after six months have passed from the date of performance, it is your responsibility to prove that the defect you discovered was present at the time of performance.
By default, warranty and warranty rights are different from the general rules for used products. There may be defective performance in the case of used products, however, the circumstances under which the Customer may have expected certain defects to be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more frequent, which means that a used product may be of the same quality as a newly purchased product. Based on this, the Buyer is entitled to enforce its warranty rights only in respect of defects that are beyond and independently of the defects in use. If the used product is defective and the Consumer, who is a Consumer, has been informed thereof at the time of purchase, the Service Provider shall not be liable for the known defect.
When can you use your product warranty right?
In the event of a defect in a movable (product), you may, at your option, claim a warranty claim or a warranty claim.
What are your rights under your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of the defective product.
When is a Product Defective?
A product is defective if it does not meet the quality requirements applicable at the time of placing it on the market or if it does not have the characteristics given by the manufacturer.
What is the deadline for enforcing your product warranty claim?
You can claim your product warranty within two years of the product being released by the manufacturer. Upon expiry of that period, he shall lose his entitlement.
Against whom and under what other conditions can you claim your product warranty claim?
You can claim your product warranty only against the manufacturer or distributor of the movable. You must prove the defect of the product if you claim a product warranty.
In what cases is the manufacturer (distributor) exempted from its product warranty?
The manufacturer (distributor) shall only be exempt from product liability if he can prove that:
· the product was not manufactured or marketed in the course of its business, or
· the defect was not recognizable at the time of marketing, according to the state of scientific or technical knowledge, or
· the defect in the product results from the application of a law or a statutory regulation.
The manufacturer (distributor) must justify one reason for exemption.
Please note that due to the same defect, you cannot enforce a Warranty and Product Warranty Claim simultaneously. However, if your Product Warranty Claim is effectively enforced, you may enforce your Product Warranty for the replaced Product or part, against the Manufacturer.
When can you claim your warranty?
In the event of defective performance, Government Decree 151/2003. (IX. 22.) Korm .
The law requires a warranty for durable consumer goods (such as technical items, tools, machinery) and their parts that have a purchase value in excess of $ 50.
What are your rights and within what time limit you are entitled to a warranty?
151/2003 on Compulsory Warranty for Certain Consumer Goods (IX. 22.) Govt. Defines the cases of compulsory warranty. The Seller does not warrant for Products not covered by this scope. The warranty claim is valid during the warranty period. If the guarantor fails to comply with his obligation to call upon the rightholder within a reasonable time, the claim may be pursued in court within three months of the expiry of the term specified in the notice, even if the warranty period has expired. Failure to comply with this time limit will result in forfeiture. Otherwise, the rules governing the exercise of warranty claims should apply mutatis mutandis to the enforcement of a warranty claim. The warranty period is one year. Failure to comply with this time limit will result in forfeiture. The warranty period begins on the day of commissioning of the consumer item or, in the case of commissioning by the company or its agent. For warranty claims beyond one year, please contact the manufacturer.
What is the relationship between warranty and other warranty rights?
The warranty is in addition to the warranty rights (product and warranty), a fundamental difference between the general warranty and the warranty is that the burden of proof on the consumer is more favorable in the case of a warranty.
Consumables with fixed wiring, which are subject to mandatory warranty pursuant to Government Decree 151/2003, or which are not transported as hand luggage on public transport vehicles, except vehicles, must be repaired at the place of operation. If the repair cannot be carried out at the site, disassembly and assembly, as well as shipment and return, will be provided by the company or, if a repair request is made directly by the repair service, by the repair service.
The seller's undertaking for the duration of the mandatory warranty shall not include terms and conditions that are less favorable to the consumer than the rights guaranteed by the mandatory warranty. Thereafter (after 1 year), however, the terms of the voluntary warranty are free to be determined, however, in this case, the warranty does not affect the consumer's statutory rights, including those under warranty.
Replacement request within three business days
In the case of sales through the Webshop, the exchange request within three business days will also apply. Requests for replacement within three business days are subject to Government Decree 151/2003. (IX. 22.) of the Government of the Republic of Hungary on durable goods, which states that if within 3 working days a person validates the exchange demand, the seller must interpret that the product was already defective at the time of sale and you must replace the product without further notice.
When is the Seller Released from Warranty?
The Seller shall be exempt from its warranty obligation only if it proves that the cause of the defect occurred after performance.
Please note that due to the same defect, a Warranty and Warranty Claim or a Product Warranty and Warranty Claim cannot be enforced concurrently, otherwise you will be entitled to the Warranty Rights independently of any Warranty Rights.
The warranty and warranty rights set forth in these GTC will begin to run on the date the Buyer receives the product.
Sample Declaration for Withdrawal
Addressee: Trans-Europe Consulting Zrt.
(address: 1026 Budapest Torockó utca 4, 1st floor, e-mail: email@example.com)
I, the undersigned, declare that I am exercising my right of withdrawal / termination with respect to the contract for the sale or provision of the following product (s):
Date of contract / date of receipt: …………………………………………………………
Name of consumer (s): …………………………………………………………………………………
Address of consumer (s): …………………………………………………………………………………
Please refund the purchase price to the following bank account number (in case you would like us to refund the purchase price by bank transfer):
Signature of the consumer (s): (in case of paper declaration only)