Preamble
Welcome to our website! Thank you for your purchase, we are grateful for the trust you have placed in us.
These webshop GTC was created with the Consumer Friendly GTC generator.
If you have any questions regarding these General Terms and Conditions, the use of the website, individual products, the process of purchase, or if you would like to discuss your individual needs with us, please contact our staff via the contact details provided!
Imprint: Service Provider (Seller, Enterprise) data
Name: T.C.P. Service Kft.
Registered seat: H-1048 Budapest, Sárpatak utca 21. – ground floor
Mailing address: H-1048 Budapest, Sárpatak utca 21. – ground floor
Court of company registration: Budapest-Capital Regional Court
Company registration number: 01-09-385818
EU VAT number: HU29279517
HU Tax number: 29279517-2-41
Representative: TÖRÖK Zsolt
E-mail: office@transfercasepartshop.com
Website: https://transfercasepartshop.com/
Bank account number: 10918001-00000114-19810009
Additional bank account number: 10918001-00000114-19810016
Information of hosting service provider
Name: ELIN.hu Kft.
Registered seat: H-9024 Győr, Déry T utca 11. 2. em. 4.
Contact: +36 70 297 4811, info@elin.hu
Website: https://elin.hu/
Definitions
Parties: Seller and Buyer jointly
Consumer: private person acting outside his/her profession, independent occupation, or business activity
Consumer Contract: a contract between parties, one of whom constitutes a consumer
Website: this website, used for the conclusion of the agreement
Agreement: Sale and purchase agreement concluded between the Seller and Buyer through the Website and via electronic mail
Device that enables distance communication: a device suitable for making contractual statements without the presence of the parties—for the purpose of issuing contractual declarations. Such devices include addressed and unaddressed forms, standard letters, advertisements with order forms published in media products, catalogues, phone, telefax, any device providing internet access
Distance contract: a consumer contract concluded between parties without their simultaneous physical presence and within the framework of a distance selling scheme organized for the provision of the product or service outlined in the contract, with the contracting parties using only devices that enable distance communication for the conclusion of the contract
Product: any tangible movable property that is included in the offer on the Website, that is being marketed on the Website, and that is subject to the Agreement
Enterprise: person acting within their profession, independent occupation, or business activity
Buyer/You: the person concluding the agreement concerning the purchase offer through the Website
Warranty: In case of a contract between the consumer and the enterprise (hereinafter referred to as: Consumer Contract),
- the warranty prescribed by the Civil Code with regard to the performance of the contract and undertaken by the company above and beyond its legal obligations or in absence of such legal obligations, and
- any statutory warranty
Relevant legislation
The Agreement shall be governed by Hungarian law, particularly the following legislation:
- Act CLV of 1997 on consumer protection
- Act CVIII of 2001 on certain issues of electronic commerce and information society services
- Act V of 2013 on the Civil Code
- Government Decree 151/2003 (IX. 22.) on statutory warranty for certain non-perishable consumer goods
- Government Decree 45/2014 (II. 26.) on the detailed rules of contracts concluded between consumers and businesses
- Government Decree 19/2014 (IV. 29.) of the Ministry for National Economy on procedural rules for administering guarantee and warranty claims on items sold under contracts between consumers and businesses
- Act LXXVI of 1999 on copyright
- Act CXX of 2011 on the right of informational self-determination and on freedom of information
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Scope, adoption of the GTC
The Parties hereby establish the terms and conditions of the Agreement concluded between them to be the terms of these General Terms and Conditions (hereinafter: the GTC)—in addition to the provisions of relevant mandatory legislation. Accordingly, these GTC shall cover the rights and obligations of the Buyer and our Enterprise, any conditions for concluding the Agreement, performance deadlines, delivery and payment conditions, liability rules, and conditions for exercising the right of withdrawal.
Usage of the Website shall require technical information not provided in these GTC and covered by other disclosures available on the Website.
You are obligated to familiarize yourself with the provisions of these GTC before finalizing Your Order.
Language, form of the Agreement
The language of agreements falling within the scope of these GTC shall be Hungarian.
Agreements falling within the scope of these GTC shall not be considered written agreements, the Seller shall not file such agreements.
Prices
All prices are in Hungarian forints and include 27 % VAT. The Seller retains the right to modify the prices for reasons of business policy. Any modification of the prices shall not affect agreements already concluded. If the price indicated by the Seller is incorrect, and an order has been made for the affected product, but no contract has been concluded between the Parties, the Seller shall proceed in accordance with the “Procedure in case of incorrect pricing” Section of the GTC.
Procedure in case of incorrect pricing
A price shall be considered obviously incorrect if:
- the price is 0 forints,
- the price is discounted, but the rate of discount indicated in the pricing is incorrect (e.g., a product selling for HUF 1,000 is discounted by 20 % and the product is then offered for HUF 500).
If an incorrect price is indicated, the Seller shall offer the product for purchase at its actual price; based on this information, the Buyer may decide whether he/she shall order the product for its actual price or cancel the order without any adverse legal consequences.
Administration of complaints and enforcement of rights
The Consumer shall be entitled to submit any consumer complaints concerning the activities of the Seller using the contact details below:
- Phone:
- Web address: https://transfercasepartshop.com/
- E-mail: office@transfercasepartshop.com
The Consumer shall be entitled to submit to the Enterprise, verbally or in writing, any complaints concerning the marketing of the goods to the customers by the Enterprise or a person acting on behalf of or to the benefit of the Enterprise, or concerning any behaviour, activity or omission directly associated with the selling of such goods.
The Enterprise shall be obligated to immediately review and, if necessary, remedy verbal complaints. If the Consumer is not satisfied with the handling of the complaint, or if the immediate investigation of the complaint proves infeasible, the Enterprise shall be obligated to draw up minutes of the complaint and its position on the complaint without delay, and, in case of a verbal complaint submitted in person, to provide a copy of the minutes to the Consumer. In case of a verbal complaint submitted via phone or other electronic telecommunication service, the minutes shall be sent to the Consumer within 30 days at the latest—in accordance with regulations governing responses to written complaints—, at the same time with the substantial response. In all other cases the Enterprise shall be obligated to proceed with regard to written complaints in accordance with the provisions below. In case of a written complaint, the Enterprise shall be obligated—unless otherwise stipulated by a directly applicable legal act of the European Union—to provide a substantial response in writing and deliver said response within thirty days after receiving the complaint. A shorter deadline may be prescribed by legislation, a longer deadline may be prescribed by law. If the complaint is rejected, the Enterprise shall be obligated to provide reasoning. The Enterprise shall be obligated to assign a unique ID to verbal complaints submitted via phone or other electronic telecommunication service.
Minutes of complaints must contain the following information:
- name, address of the Consumer,
- the place, time at which the complaint was submitted and the method of submission,
- a detailed description of the Consumer’s complaint, a list of the records, documents and other evidence submitted by the Consumer,
- the statement of the Enterprise concerning its perspective of the Consumer’s complaint, provided that the immediate investigation of the complaint is feasible,
- the signatures of the person preparing the minutes and the Consumer—except in case of a verbal complaint submitted via phone or other electronic telecommunication service,
- the place, time at which the minutes were drawn up,
- in case of a verbal complaint submitted via phone or other electronic telecommunication service, the unique ID of the complaint.
The Enterprise shall be obligated to retain the minutes of the complaint and a secondary copy of the response for a period of three years, and, upon request, shall present these to the supervisory authorities.
If the complaint is rejected, the Enterprise shall be obligated to inform the Consumer in writing of the authorities and conciliation boards it may submit its complaint to—in accordance with the nature of the given complaint. Such information must include the registered seat, phone and online contact information and mailing address of the competent authority or conciliation board with jurisdiction over the Consumer’s permanent or temporary residence. The information must also state whether the Enterprise intends to employ a conciliation board for the resolution of the consumer dispute. If the potential consumer dispute between the Seller and the Consumer is not resolved by negotiation, the Consumer shall be entitled to enforce his/her rights via the following means:
Consumer protection procedure
Submission of complaints to consumer protection authorities. If the Consumer observes an infringement of consumers’ rights, he/she shall be entitled to submit a complaint to the consumer protection authority with jurisdiction over its residence. The authority shall decide on conducting a consumer protection procedure after considering the complaint. The primary duties of the consumer protection authority are carried out by competent government offices in the capital and the counties, in accordance with the place of residence of the Consumer; for the list of these offices, see: http://www.kormanyhivatal.hu/
Judicial procedure
The Customer shall be entitled to enforce any claims arising from a consumer dispute through judicial proceedings, within the framework of a civil procedure, in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation board proceedings
We hereby inform You that You are entitled to submit a consumer complaint against us. Should we reject Your consumer complaint, You shall also be entitled to contact the Conciliation Board with jurisdiction over the Your permanent or temporary residence: conciliation board proceedings require the Consumer to attempt to settle the dispute directly, by contacting the business in question. On basis of the Consumer’s petition, the competent conciliation board may be the conciliation board specified by the Consumer in his/her petition instead of the competent conciliation board.
The Enterprise shall be obligated to cooperate in the course of the conciliation board proceedings.
As part of this obligation, businesses are also obligated to submit a response to the conciliation board’s notification, and their obligation to appear before the conciliation board shall also be considered a legal obligation (“obliged to ensure that a person authorised to make a settlement is present at the hearing”).
If the registered seat or site of a business is registered in a country other than the one covered by the territorial competence of the chamber operating the conciliation board, the cooperation obligation of the business shall entail offering the possibility of a settlement in writing according to the consumer’s claim.
In case of any violation of the above obligation, the competent authority shall be the consumer protection authority; accordingly, pursuant to legislative amendments, unlawful conduct by businesses shall result in the mandatory imposition of a fine, with no option to waive the fine. In addition to the amendment of the act on consumer protection, the relevant provision of the act on small- and medium-sized enterprises has also been amended, as result of which fines may not be waived even for SMEs.
For SMEs, fines may range from gross 15 thousand forints to 500 thousand forints, while for businesses covered by the Accounting Act, having an annual net revenue exceeding 100 million forints and not considered small- and medium-sized enterprises, fines may range from 15 thousand forints to up to 5 % of the annual net revenue of the business, but no more than 500 million forints. The intention of the legislative authority with regard to the introduction of mandatory fines is to promote cooperation with conciliation boards, and the active participation of businesses in conciliation board proceedings.
Conciliation boards shall have competence over out-of-court settlements of consumer disputes. The conciliation board shall be responsible for attempting to reach an agreement between the parties to resolve the consumer dispute; if this proves infeasible, it shall decide the case with regard to the simple, rapid, effective and cost-efficient enforcement of consumer rights. Upon request by the consumer or the business, the conciliation board shall provide counsel on the consumer’s rights and obligations.
Conciliation board proceedings are initiated upon the Consumer’s request. Requests are to be submitted to the chair of the conciliation board in writing: the requirement of the written form may be satisfied through mail, fax, teleprinter or telefax, or by any other means allowing the recipient to ensure long-term storage of the data for the period required for their purposes, and to display such data without changing their form or content. Requests must include:
- the name, permanent or temporary residence of the consumer,
- the name, registered seat or site concerned of the business involved in the consumer dispute,
- specification of the conciliation board requested by the consumer, if different from the competent conciliation board,
- a short description of the consumer’s claim, any facts supporting the claim and evidence of such facts,
- the consumer’s statement on whether or not the consumer has attempted to resolve the disputed issue directly, by contacting the business in question,
- a statement by the consumer declaring that no other conciliation board proceedings have been initiated with regard to the case, no mediation procedure has been commenced and no statement of claim or request for a payment order was submitted regarding the matter,
- a petition for a decision to be made by the board,
- the consumer’s signature.
The document or its copy (extract) referred to as evidence by the consumer, particularly any written statement by the business rejecting the complaint or, in the absence of such a document, other written evidence available to the consumer that serves as proof of the prescribed conciliation attempts must be attached to the request.
If the consumer is acting through an agent, the authorization must be annexed to the request.
For more information on Conciliation Boards, see: http://www.bekeltetes.hu
For more information on Conciliation Boards with territorial jurisdiction, see: https://bekeltetes.hu/index.php?id=testuletek
Contact information of each Conciliation Board with territorial jurisdiction:
| Baranya County Conciliation Board Address: H-7625 Pécs, Majorossy I. u. 36. Phone: +36-72-507-154 Fax: +36-72-507-152 E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu | Bács-Kiskun County Conciliation Board Address: H-6000 Kecskemét, Árpád krt. 4. Phone: +36-76-501-500; +36-76-501-525, +36-76-501-523 Fax: +36-76-501-538 E-mail: bekeltetes@bacsbekeltetes.hu Website: www.bacsbekeltetes.hu |
| Békés County Conciliation Board Address: H-5600 Békéscsaba, Penza ltp. 5. Phone: +36-66-324-976 Fax: +36-66-324-976 E-mail: eva.toth@bmkik.hu | Borsod-Abaúj-Zemplén County Conciliation Board Address: H-3525 Miskolc, Szentpáli u. 1. Phone: +36-46-501-091; +36-46-501-870 Fax: +36-46-501-099 E-mail: bekeltetes@bokik.hu |
| Budapest Conciliation Board Address: H-1016 Budapest, Krisztina krt. 99. 99. I. em. 111. Phone: +36-1-488-2131 E-mail: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu | Csongrád-Csanád County Conciliation Board Address: H-6721 Szeged, Párizsi krt. 8-12. Phone: +36-62-554-250/118 Fax: +36-62-426-149 E-mail: bekelteto.testulet@csmkik.hu |
| Fejér County Conciliation Board Address: H-8000 Székesfehérvár, Hosszúsétatér 4-6. Phone: +36-22-510-310 Fax: +36-22-510-312 E-mail: fmkik@fmkik.hu | Győr-Moson-Sopron County Conciliation Board Address: H-9021 Győr, Szent István út 10/a. Phone: +36-96-520-217 Fax: +36-96-520-218 E-mail: bekeltetotestulet@gymskik.hu |
| Hajdú-Bihar County Conciliation Board Address: H-4025 Debrecen, Vörösmarty u. 13-15. Phone: +36-52-500-710 Fax: +36-52-500-720 E-mail: korosi.vanda@hbkik.hu | Heves County Conciliation Board Address: H-3300 Eger, Faiskola út 15. Phone: +36-36-429-612 Fax: +36-36-323-615 E-mail: hkik@hkik.hu |
| Jász-Nagykun-Szolnok County Conciliation Board Address: H-5000 Szolnok, Verseghy park 8. III. emelet 305-306. Phone: +36-56-510-621, +36-20-373-2570 Fax: +36-56-510-628 E-mail: bekeltetotestulet@jnszmkik.hu | Komárom-Esztergom County Conciliation Board Address: H-2800 Tatabánya, Fő tér 36. Phone: +36-34-513-027 Fax: +36-34-316-259 E-mail: szilvi@kemkik.hu |
| Nógrád County Conciliation Board Address: H-3100 Salgótarján, Alkotmány út 9/A. Phone: +36-32-520-860 Fax: +36-32-520-862 E-mail: nkik@nkik.hu | Pest County Conciliation Board Address: H-1055 Budapest, Balassi Bálint u. 25. IV/2. Mailing address: H-1364 Budapest, PO box: 81 Phone: +36-1-792-7881 E-mail: pmbekelteto@pmkik.hu Website: http://panaszrendezes.hu/ |
| Somogy County Conciliation Board Address: H-7400 Kaposvár, Anna u.6. Phone: +36-82-501-026 Fax: +36-82-501-046 E-mail: skik@skik.hu | Szabolcs-Szatmár-Bereg County Conciliation Board Address: H-4400 Nyíregyháza, Széchenyi u. 2. Phone: +36-42-311-544 Fax: +36-42-311-750 E-mail: bekelteto@szabkam.hu |
| Tolna County Conciliation Board Address: H-7100 Szekszárd, Arany J. u. 23-25. III. emelet Phone: +36-74-411-661 Fax: +36-74-411-456 E-mail: kamara@tmkik.hu | Vas County Conciliation Board Address: H-9700 Szombathely, Honvéd tér 2. Phone: +36-94-312-356 Fax: +36-94-316-936 E-mail: vmkik@vmkik.hu |
| Veszprém County Conciliation Board Address: H-8200 Veszprém, Radnóti tér 1. földszint 115-116. Phone: +36-88-814-121 Fax: +36-88-412-150 E-mail: info@bekeltetesveszprem.hu | Zala County Conciliation Board Address: H-8900 Zalaegerszeg, Petőfi u. 24. Phone: +36-92-550-513 Fax: +36-92-550-525 E-mail: zmbekelteto@zmkik.hu |
Online Dispute Resolution Platform
The European Commission has created a website where consumers can register and settle any legal disputes arising with regard to online shopping by completing an application and avoiding judicial procedure. Through the platform, consumers may enforce their rights without being hindered by issues such as distance.
If You wish to make a complaint with regard to a product or service purchased online, and You do not necessarily wish to bring the issue to court, You can take advantage of this online dispute resolution tool.
Via the platform, You and the vendor concerned by Your complaint may jointly select the dispute resolution body to be commissioned to resolve the complaint.
The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Partial invalidity, Code of Conduct
Should any provisions of the GTC prove incomplete or invalid, it shall not affect the validity of other provisions of the Agreement, and the invalid or incorrect section shall be replaced by provisions of relevant legislation.
The Seller does not have a Code of Conduct as specified by the act on prohibiting unfair commercial practices in connection with customers.
Managing digital data content, technical security measures
The availability of servers providing access to the data displayed on the website is above 99.9 % annually. Data content is regularly backed up in full, so that data content can be restored to its original state in case of an issue. The data displayed on the website is hosted on MSSQL and MySQL databases. Sensitive data is protected with appropriate levels of encryption, being encoded via hardware-based encryption on a cryptographic processor.
Information on the essential characteristics of the products
Information on the essential characteristics of products available to purchase on the Website are provided in the description under each product.
Correction of data input errors – Liability for the accuracy of the data provided
When making the order, before finalizing the order, You will continuously be able to modify the entered data (clicking on the “back” button of the browser will open the previous page, so You are able to correct the entered data even after proceeding to the next page). Please note that You are liable for the accuracy of the data You enter, considering the product will be invoiced and delivered based on such data. Please note that entering an incorrect e-mail address or running out of space on the associated inbox may result in failed delivery and hinder the conclusion of the Agreement. If the Buyer has finalized the order and finds the entered data to be inaccurate, he/she shall be obligated to initiate the amendment of the order as soon as possible. The Buyer may request the amendment of the erroneous order from the Seller by way of an e-mail sent from the given address or by phone call.
Using the website
Registration is not required for purchase.
Selecting a product
By clicking on the appropriate product category displayed on the Website, You may select the desired product line, and then the desired product. Clicking on a given product will reveal the photograph, article number, description, and price of the product. Upon purchase, You will pay the price indicated on the Website.
Add to Cart
After selecting a product, click on the “Add to Cart” button to put products—as many as You like—in the Cart without incurring a purchase or payment obligation; putting a product in the Cart does not constitute a quote.
We recommend placing products in the Cart even if You are unsure whether You will actually purchase the given product, since this will allow You to review Your current selection of products with a single click at any time, viewing and comparing the given products on one screen. Until the order is finalized—until the “Finalize order” button is pressed—, the cart content may be modified freely, products can be removed from the Cart, new products can be added to the Cart and the number of desired products can be modified at will.
When You put the selected product in the Cart, a pop-up notification will appear with the text “The product has been added to the Cart”. If You are finished selecting product, click on the “Proceed to Cart” button! If You wish to review a selected product or put more products in the Cart, click on the “Back to product” button!
View my Cart
When using the Website, You can click the “View my Cart” icon at the top of the Website at any time to review the contents of the Cart. Here, You can remove selected products from the Cart or change the number of selected items. After clicking the “Refresh Cart” button, the system will display information, including the pricing of products in the Cart, in accordance with Your modifications. If You are finished selecting products and adding them to the Cart, click on the “Order” button to proceed with Your purchase.
Entering customer data
After clicking the “Order” button, the contents of the Cart will be displayed, along with the full purchase price You will pay if You decide to purchase the products selected. In the “Shipping service” field You must indicate whether You intend to collect the product in person (personal pickup) or to have it delivered. In case of delivery, the system will indicate the shipping fee, which You will be obligated to pay upon ordering.
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. The system will automatically copy the data entered in the “Billing information” text box to the “Shipping information” text box. If You wish to have the order delivered to a different address, please uncheck the relevant box. Use the “Note” text box to enter miscellaneous information.
Review the order
After completing the above text boxes, click on the “Proceed to the next step” button to continue the ordering process, or the “Cancel” button to delete/modify the previously entered data and return to the contents of the Cart. Clicking the “Proceed to the next step” button will take You to the “Review the order” page. Here You will see a summary of the data You have entered, including the contents of the Cart, user, billing and shipping data, and the sum You will be required to pay (You will be unable to modify the data, except by clicking on the “Back” button).
Finalizing the order (proposal)
If You have found that the contents of the Cart match the products You wish to order, and that Your displayed data is accurate, click the “Submit order” button to finalize the order. Information on the Website does not constitute an offer to conclude a contract by the Seller. For the purposes of orders governed by these GTC, You shall be considered the offeror.
By clicking the “Submit order” button, You expressly acknowledge that the order is considered to have been submitted and that Your statement shall entail a payment obligation—if confirmed by the Seller in accordance with these GTC. Your offer shall be considered binding for a period of 48 hours. If Your offer is not confirmed within 48 hours by the Seller in accordance with these General Terms and Conditions, You will no longer be bound by the offer.
Processing the order, concluding the Agreement
You are entitled to submit orders at any time. The Seller shall confirm Your offer via e-mail by the following business day, at the latest, after the submission of Your offer. The Agreement shall be concluded when the confirmation e-mail sent by the Seller becomes available in Your mailing system.
Payment methods
Barion
Barion Smart Gateway is a payment gateway developed entirely in Hungary, independent of banks and suitable for accepting bank cards and e-money, which, in addition to its unbeatable pricing, possesses numerous innovative functions. Its usage becomes even more comfortable after registration, which takes only a minute. Since bank card numbers are stored in a secure system protected by PCI DSS certification, users need only a registered e-mail address and password to use any saved card. The online interface of Barion provides reports, an export option, and the delivery of monthly statements to assist business processes and official accounting. Transactions are conducted in real time, and incoming items are also displayed in the mobile application. Barion users can use the free Barion application to pay in more and more stores and catering establishments using their mobile phones without having to keep cash or bank cards on them. Bank security is guaranteed through oversight by the National Bank of Hungary (National Bank of Hungary permit: H-EN-I-1064/2013). Our protection against credit card fraud is based on the principles of flexibility and justice.
Paylike
The webshop allows for Paylike payment solution.
For more information on Paylike, click here .
Credit transfer
Consideration for the products may be paid via credit transfer.
Shipping methods, shipping fees
GLS courier service
Products are delivered via the GLS courier service.
For more information, see: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
Packeta
We provide options for home delivery, delivery to pick-up points, and Z-BOX delivery. Packages are generally delivered the next day. You will be able to take possession of them whenever it suits You, in the matter of seconds.
For more information, see: https://www.packeta.hu/csomagatvetel
Pick-up points: https://www.packeta.hu/atvevohelyek
Completion deadline
The general completion deadline for orders is 30 days at the latest after the confirmation of the order. In case of default by the Seller, the Buyer shall be entitled to set a secondary deadline. If the Seller fails to complete the delivery within the secondary deadline, the Buyer shall be entitled to withdraw from the Agreement.
Reservation of rights, ownership clause
If You have previously ordered a product but did not accept delivery of said product (not including cases where the right to withdraw is exercised), or the product is returned to the Seller marked “unclaimed”, the Seller shall require pre-payment of the purchase price and the delivery fee to fulfil the order.
The Seller shall be entitled to suspend the delivery of the product until it is satisfied that the price of the product has been successfully paid via electronic means (including cases wherein the purchase price of a product is paid via credit transfer in the currency of the Buyer’s member state, and the Seller does not receive the full purchase price and shipping fee due to conversion, and bank charges and costs). If the full price of the product is not paid, the Seller shall be entitled to request that the Buyer pays the outstanding amount of the purchase price.
Sales abroad
The Seller shall not differentiate between buyers using the Website in Hungary and those using it outside of Hungary, within the European Union. Unless otherwise provided by these GTC, the Seller shall provide for the shipping/receipt of ordered products within the territory of Hungary.
Sales made outside of Hungary shall be governed by these GTC, with the condition that, in accordance with the provisions of the relevant decree, for the purposes of this Section, the Buyer shall be a Consumer who is either a citizen of a member state or has a residence in a member state, or it shall be a business that has a branch office in one of the member states, and purchases goods or services within the European Union for end use purposes, or is acting with such an intention. A Consumer shall be a private person not acting for commercial, industrial, manufacturing, or professional purposes.
The primary language of communication and shopping shall be Hungarian, the Seller shall not be obligated to communicate with the Buyer in the language of the Buyer’s member state.
The Seller shall not be obligated to comply with non-contractual requirements prescribed by the national legislation of the Buyer’s member state and applicable to the relevant product, e.g., labelling or sector-specific requirements, and shall not be obligated to inform the Buyer of such requirements.
Unless otherwise declared by the Seller, Hungarian VAT shall be applied upon the purchase of all products.
The Buyer shall be entitled to enforce its rights under these GTC.
When using an electronic payment solution, the payment shall be made in the currency specified by the Seller.
The Seller shall be entitled to suspend the delivery of the product until it is satisfied that the price of the product and the shipping fee have been fully and successfully paid via electronic means (including cases wherein the purchase price of a product is paid via credit transfer in the currency of the Buyer’s member state, and the Seller does not receive the full purchase price (shipping fee) due to conversion, and bank charges and costs). If the full price of the product is not paid, the Seller shall be entitled to request that the Buyer pays the outstanding amount of the purchase price.
For the purposes of product delivery, the Seller shall provide the same shipping options that are available to Hungarian buyers to buyers outside of Hungary as well.
If, under the GTC, the Buyer is entitled to request delivery of the product within Hungary or within any other member state of the European Union, buyers outside of Hungary shall be entitled to the same via any of the shipping methods specified in the GTC.
If, under the GTC, the Buyer is entitled to select personal pickup of the product at the Seller, the same option shall be available to buyers outside of Hungary.
Furthermore, the Buyer shall be entitled to arrange for the shipping of the Product outside of Hungary. This option is not available to Hungarian buyers.
The Seller shall complete the order after the shipping fee has been paid. If the Buyer fails to pay the shipping fee to the Seller or to arrange for shipping personally by a pre-arranged time, the Seller shall terminate the Agreement and repay the previously paid purchase price to the Buyer.
Consumer information in accordance with Government Decree 45/2014 (II. 26.)
Information on the right of the consumer, buyer to withdraw
Pursuant to Paragraph 3 of Subsection 1 of Section 8:1 of the Civil Code, Consumer shall mean a private person acting outside his/her profession, independent occupation or business activity, therefore legal persons shall not be entitled to withdraw from the contract without justification!
The Consumer shall be entitled to withdraw from the contract without justification pursuant to Section 20 of Government Decree 45/2014 (II. 26.). The Consumer shall be entitled to exercise his/her right to withdrawal
a) with regard to a product’s sale and purchase agreement
aa) for a product,
ab) in case of sale and purchase covering multiple products, where the delivery of certain products is fulfilled at different times, for the last delivered product,
within a period of 14 days after receipt by the Consumer or by a third party, other than the courier service, appointed by the Consumer.
Provisions of this Section shall not impact the Consumer’s right to exercise its right to withdrawal under this Section after the conclusion of the Agreement and before the receipt of the product.
If the Agreement is concluded based on an offer made by the Consumer, the Consumer shall be entitled to withdraw the offer before the conclusion of the contract, which shall void the Consumer’s commitment to the offer with regard to the conclusion of the contract.
Notice of withdrawal, the Consumer’s right to withdrawal or termination
The Consumer may exercise its right under Section 20 of Government Decree 45/2014 (II. 26.) by of an unequivocal notice of withdrawal or by using the notice of withdrawal form downloadable from the Website. If the right to withdrawal is exercised in writing, submitting a notice of withdrawal within 14 days shall be considered sufficient.
Validity of the Consumer’s notice of withdrawal
The right to withdrawal shall be considered enforced within the appropriate deadline if the Consumer submits his/her notice of withdrawal within the deadline. The deadline shall be 14 days.
The Consumer shall bear the burden of proving that exercising his/her right to withdrawal has been in accordance with this provision.
The Seller shall be obligated to confirm its receipt of the Consumer’s notice of withdrawal via electronic media.
Obligations of the Seller in case of withdrawal by the Consumer
The Seller’s obligation to reimburse
If the Consumer withdraws from the Agreement in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall reimburse the Consumer for the full sum paid as consideration, including any expenses, e.g., delivery fees, incurred due to the performance, within fourteen days after becoming aware of the withdrawal. Please note that the above provision shall not include additional costs incurred due to the selection of a shipping method other than the standard, most cost-efficient shipping method.
Methods employed with regard to the Seller’s obligation to reimburse
In case of withdrawal or termination pursuant to Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall reimburse the Consumer for the relevant sum via the payment method employed by the Consumer. Upon the express consent of the Consumer, the Seller shall be entitled to employ other payment methods for the reimbursement, but the Consumer must not incur any additional costs with regard to the use of such methods. The Seller shall not be liable for any default resulting from incorrect and/or inaccurate bank account or mailing address information provided by the Consumer.
Additional costs
Should the Consumer select a shipping method other than the standard, most cost-efficient shipping method, the Seller shall not be obligated to reimburse the Consumer for the resulting additional costs. In such cases, our obligation to reimburse shall only cover the indicated standard shipping rates.
Right to withhold
The Seller shall be entitled to withhold the sum reimbursable to the Consumer until such time as the Consumer returns the product or proves beyond any reasonable doubt that it has sent the product back, whichever is the earliest. We shall not accept carriage forward and collect-on-delivery packages.
Obligations of the Consumer in case of withdrawal or termination
Returning the product
If the Consumer withdraws from the Agreement in accordance with Section 22 of Government Decree 45/2014 (II. 26.), it shall be obligated to return the product, or deliver it to the Seller or a person authorized by the Seller to take over the product, without delay, but within fourteen days at the latest after sending the notice of withdrawal. The obligation to return the product shall be considered duly fulfilled if the Consumer ships the product back before the expiration of the deadline.
Bearing the costs directly incurred as result of the return of the product
Costs directly incurred as result of the return of the product shall be borne by the Consumer. The product must be returned to the Seller’s address. If the Consumer terminates an off-premises or distance contract—for services—after performance has already begun, he/she shall be obligated to pay the Enterprise a fee in proportion to services already provided before the Enterprise has been notified of the termination. The fee payable by the Consumer shall be determined based on the total amount of consideration specified in the Agreement, plus taxes. If the Consumer can prove that the total sum thus established is excessive, the proportionate sum shall be calculated based on the market value of the services already provided before the termination of the Agreement. Please note that we shall not accept carriage forward and collect-on-delivery packages.
Liability of the Consumer for depreciation
The Consumer shall be liable for any depreciation resulting from usage beyond the level of usage necessary for ascertaining the nature, characteristics, and operation of the product.
Exceptions from the right of withdrawal
The Seller specifically requests that You note that the right to withdrawal may not be exercised in the cases outlined under Subsection (1) of Section 29 of Government Decree 45/2014 (II.26.):
- in case of a contract for services, after the service has been performed in full, provided that the Enterprise has initiated the service with the prior, express consent of the Consumer, and the Consumer has acknowledged that he/she shall lose the right to withdrawal after the service has been performed in full;
- in case of products or services for which the price or fee cannot be influenced by the money market company, exercising the right to withdrawal is dependent on the potential fluctuation in the given period;
- in case of non-prefabricated products manufactured in accordance with the instructions or at the express request of the Consumer, and in case of products unequivocally personalized to the Consumer;
- in case of perishable and rapidly depreciating products;
- in case of sealed products where products opened after delivery cannot be returned due to health protection or hygiene reasons;
- in case of products that, by their nature, are irreversibly mixed with other products after delivery;
- in case of alcoholic beverages for which the actual value cannot be influenced by the Enterprise and is dependent on market fluctuation, and the price of which has been agreed upon by the Parties upon the conclusion of the sale and purchase agreement, with the actual performance of the contract taking place only after the thirtieth day from the conclusion of the contract;
- in case of works contracts where the Enterprise approaches the Consumer at the express request of the Consumer to perform urgent repair or maintenance works;
- in case of the sale and purchase of sealed audio and video recordings and computer software, which were unsealed after delivery by the Consumer;
- in case of newspapers, periodicals and magazines, with the exception of subscription contracts;
- in case of contracts concluded at public auctions;
- in case of contracts for the provision of accommodation not for residential purposes, transportation, and contracts for car rental services, catering or services related to leisure activities, provided that the contract prescribes a specific date or period of performance;
- in case of contracts for the supply of digital data content not provided on a tangible medium, provided that the Enterprise has initiated the service with the prior, express consent of the Consumer, and that upon giving said consent, the Consumer has acknowledged that he/she shall lose the right of withdrawal after performance has been initiated.
Liability for defects, product liability, warranty
This Section on consumer information has been prepared based on the authorization provided under Subsection (3) of Section 9 of Government Decree 45/2014 (II.26.) and using Annex No. 3 of Government Decree 45/2014 (II.26.).
Liability for defects
In which cases can You claim liability for defects?
In case of non-contractual performance by the Seller, You may assert a claim for liability for defects against the Seller in accordance with the provisions of the Civil Code.
What are Your rights when claiming liability for defects?
At Your discretion, You may make the following liability for defects claims:
You may request repair or replacement, except in cases where the request is infeasible or if the Seller would incur unreasonable additional costs in comparison to the fulfilment of other claims. If You are not or were not entitled to request repair or replacement, You may request a proportionate discount, or repair the defect yourself or have it repaired by a third party at the Seller’s expense, or—if all else fails—withdraw from the Agreement.
You shall be entitled to transition from one instance of liability for defects claims to another; however, You shall bear any costs associated with the transition, except if the transition is justified or attributable to the Seller.
What is the deadline for enforcing a liability for defects claim?
You shall be obligated to notify the Enterprise of the defect immediately, but no later than two months after discovering the defect. However, please note that You shall not be entitled to enforce liability for defects claims following a limitation period of two years after the performance of the Agreement.
If the subject of the Agreement concluded between the Consumer and the Enterprise is a used item, the Parties may agree on a shorter limitation period; however, even in such cases, the established limitation period must be at least one year to be valid.
Who can You enforce Your liability for defects claim against?
You may enforce Your liability for defects claim against the Seller.
What other conditions are there for enforcing a liability for defects claim?
Within the six months after performance, there is no condition to enforcing a liability for defects claim other than providing notification of the defect if You can prove that the product or service was provided by the Seller. Following the first six months after performance, You shall be obligated to provide evidence that the defect You have observed has been present at the time of performance.
In case of a used product, by default, guarantee, warranty rights deviate from standard regulations. Non-contractual performance is possible even in the case of used products, but the circumstances based on which the Buyer should have expected certain defects must be considered. Due to obsolescence, certain defects occur more frequently, therefore it cannot be presumed that a used product will be of the same quality as a newly purchased one. Accordingly, the Buyer shall only be able to enforce liability for defects claims with regard to insufficiencies unrelated to and arising independent of the second-hand nature of the product. If the used product is defective and the Buyer considered Consumer is informed of its defective nature upon purchase, the Service Provider shall not be liable for the known defect.
Product liability
In which cases can You claim product liability?
In case of defective moveable assets (products), You may—at Your discretion—enforce a liability for defects or product liability claim.
What are Your rights when claiming product liability?
Under a product liability claim, You may only request the repair or replacement of the defective product.
When is a product considered defective?
A product is considered defective if it does not meet the quality requirements applicable when it was placed on the market or does not have the characteristics outlined in the description provided by the manufacturer.
What is the deadline for enforcing a product liability claim?
You may claim product liability within two years of the product being marketed by the manufacturer. After this period, you will lose this right.
Who can You enforce Your product liability claim against, and what additional conditions apply?
Product liability claims may only be enforced against the manufacturer or distributor of the moveable asset. You shall be liable to prove the defectiveness of the product when enforcing a product liability claim.
When is a manufacturer (distributor) exempt from product liability obligations?
A manufacturer (distributor) is exempt from product liability obligations if it can prove that:
- the product was not manufactured or marketed in the course of its business activities, or
- the defect was not detectable at the time of marketing, according to the state of scientific or technical knowledge at that time, or
- the defect of the product is a result of the application of legislation or mandatory official regulations.
The manufacturer (distributor) shall only be required to prove one point to be exempted from product liability.
Please note that You shall not be able to enforce simultaneous, concurrent liability for defects and product liability claims. However, You shall be entitled to enforce a liability for defects claim against the manufacturer for any replaced product or repaired component after a successful enforcement of a product liability claim.
Warranty
In which cases can You claim warranty?
Pursuant to Government Decree 151/2003 (IX. 22.) on statutory warranty for certain non-perishable consumer goods, the Seller shall be obligated to provide a warranty for the new, non-perishable consumer goods listed in Annex No. 1 to the Decree (e.g., technical goods, tools, machinery), and for accessories and components of such consumer goods as defined therein (hereinafter—for the purposes of this Section—jointly referred to as consumer goods).
What are Your rights under the warranty and in what time frame?
Warranty rights
At Your discretion, You may make the following warranty claims:
You may request repair or replacement, except in cases where the request is infeasible or if the Seller would incur unreasonable additional costs in comparison to the fulfilment of other claims. If You are not or were not entitled to request repair or replacement, You may request a proportionate discount, or repair the defect yourself or have it repaired by a third party at the Seller’s expense, or—if all else fails—withdraw from the Agreement.
The Buyer may enforce his/her right to repairs—at his/her discretion—at the Seller’s seat, any of the Seller’s sites and branch offices, or directly at the repair service indicated on the warranty certificate.
However, Government Decree 151/2003 (IX. 22.) on statutory warranty prescribes special regulations for the management of repair claims; see Section “Regulations governing the management of warranty claims”.
Limitation period
Warranty claims may be enforced during the warranty period. Under Government Decree 151/2003 (IX. 22.), the warranty period shall be:
- one year in case of a sale price of at least HUF 10,000, but not exceeding 100,000,
- two years in case of a sale price exceeding HUF 100,000, but not exceeding 250,000,
- three years in case of a sale price exceeding HUF 250,000.
Failure to meet the above deadlines shall mean an expiration of rights; however, upon the repair of the consumer goods, the warranty period is extended by the period for which the Buyer was unable to use the consumer good as intended, calculated from the day said consumer good is submitted for repairs.
The warranty period begins when the consumer good is received by the Buyer, or, if installation is performed by the Seller or its representative, on the day of installation.
If the Buyer installs the consumer good more than six months after its delivery, the warranty period shall begin on the day of the delivery of the consumer good.
Regulations governing the management of warranty claims
When managing repairs, the Seller shall endeavour to perform the repairs within 15 days. The deadline for the repairs is calculated from the receipt of the consumer goods.
If the repair or replacement requires more than fifteen days, the Seller shall be obligated to inform the Buyer of the expected time of the repair or replacement.
If, upon the first repair of a consumer good during the warranty period, the Seller finds that the consumer good is beyond repair, the Seller shall be obligated to replace the consumer good within eight days, unless otherwise declared by the Buyer. If the replacement of the consumer good proves infeasible, the Seller shall be obligated to reimburse the Buyer for the purchase price indicated on the proof of payment for the consumer good—invoice or receipt issued on basis of the act on value added tax.
By accepting the GTC, the Buyer consents to the communication of information via electronic means or other means suitable to serve as acknowledgement of receipt by the Buyer.
If the Seller fails to repair the consumer good within 30 days:
- repairs may be completed at a later date with the Buyer’s consent, or
- if the Buyer does not consent to the extension of the deadline for the repairs, or if the Buyer has provided no information in that regard, the consumer good must be replaced within eight days after the expiration of the deadline, or
- if the Buyer does not consent to the extension of the deadline for the repairs, or if the Buyer has provided no information in that regard, and the replacement of the consumer good is infeasible, the Seller shall be obligated to reimburse the Buyer for the purchase price indicated on the invoice or receipt for the consumer good within eight days after the expiration of the deadline.
Upon the 4th breakdown of the consumer good, the Buyer shall be entitled to:
- request repair by the Seller, or
- instead of requesting repair, claim a pro rata reduction of the purchase price from the Seller in accordance with Paragraph b) of Subsection (2) of Section 6:159 of Act V of 2013 on the Civil Code, or
- instead of requesting repair, repair the defect or have it repaired by a third party at the Seller’s expense in accordance with Paragraph b) of Subsection (2) of Section 6:159 of Act V of 2013 on the Civil Code, or
- if the Buyer does not exercise the above rights (repair, pro rata reduction, repair by a third party at the Seller’s expense), or if the Buyer has provided no information in that regard, the consumer good must be replaced within eight days; if the replacement of the consumer good is infeasible, the Seller shall be obligated to reimburse the Buyer for the purchase price indicated on the invoice or receipt for the consumer good within eight days.
Exceptions
Provisions of the Section “Regulations governing the management of warranty claims” shall not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, passenger cars, motor homes, RVs, camper trailers, trailers, and motorized watercrafts.
In cases of such products, the Seller shall be obligated to endeavour to complete repairs within 15 days.
If the repair or replacement requires more than fifteen days, the Seller shall be obligated to inform the Buyer of the expected time of the repair or replacement.
What are the relationships between warranties and other liability rights?
Warranty claims may be enforced in addition to liability rights (product liability, liability for defects); the fundamental difference between general liability rights and warranty is that in case of a warranty claim, the burden of proof is more favourable to the Consumer.
Consumer goods with fixed connections, consumer goods heavier than 10 kg and consumer goods that cannot be transported in hand baggage on public transportation that are covered by the statutory warranty prescribed by Gov. Decree 151/2003 must be repaired at the place of operation—with the exception of vehicles. If repairs cannot be conducted at the place of operation, the Enterprise or—in case of a repair claim enforced directly at the repair service—the repair service shall be obligated to provide for disassembly and assembly, and transportation to and from the place of repair.
The warranty undertaken by the Seller for the warranty period shall not include any conditions more disadvantageous to the Consumer than the rights provided by regulations governing statutory warranty. Other than this requirement, however, the conditions of voluntary warranty may be set out without limitation; however, the warranty must not affect the Consumer’s legal rights—including rights based on the liability for defects.
Replacement within three business days
The concept of replacement within three business days shall also apply to online sales through webshops. Claims for replacement made within three business days may also be enforced with regard to the new, non-perishable consumer goods covered by Gov. Decree 151/2003 (IX. 22.), provided that the defect hinders intended use. Claims for replacement may be enforced within 3 business days after the installation/purchase.
When is the Seller exempt from its warranty obligations?
The Seller shall be exempt from its warranty obligations if it can prove that the cause of the defect arose after the handover of the product.
Please note that You shall not be able to enforce simultaneous, concurrent liability for defects and warranty claims, and product liability and warranty claims for the same defect, but otherwise, You will be entitled to the rights under the warranty regardless of liability rights.
Common rules
Rights concerning liability for defects, product liability and warranty may only be enforced in case of non-contractual performance if the installation of the product was carried out by an expert, and an invoice, receipt or statement for the installation is presented.
For control motors, rights concerning liability for defects, product liability and warranty may only be enforced in case of non-contractual performance if the invoice for the installation was issued by a company using genuine, registered, certified software.
The Seller shall be exempt from its liability/warranty obligations if the results of an inspection prove that the defect of the product is a result of improper installation.