TABLE OF CONTENTS
- Terms and Conditions
- Preamble
- Imprint, definitions, applicable laws
- Scope of the Terms and Conditions
- Language and form of the contract
- Prices
- Complaint handling and enforcement options
- Copyright
- Partial invalidity, code of conduct
- Correction of data entry errors
- Procedure in case of incorrect pricing
- Use of the website
- Order processing, conclusion of contract
- Payment methods
- Shipping methods
- Delivery deadline
- Reservation of rights, retention of title
- Consumer information
- Right of withdrawal
- Warranty rights
PREAMBLE
Welcome to our website! Thank you for honouring us with your trust during your purchase!
These webshop Terms and Conditions were created with the Fogyasztó Barát Terms and Conditions generator.
Please read this document carefully before finalising your order, as by finalising your order you accept the contents of these Terms and Conditions!
If you have any questions regarding these Terms and Conditions, the use of the website, the individual products or the purchasing process, or if you would like to discuss any individual request with us, please contact our staff via the contact details provided!
IMPRINT: DATA OF THE SERVICE PROVIDER (SELLER, COMPANY)
Name: Sport8 Hungary Kft.
Headquarters: 1116 Budapest, Fehérvári út 168-178.
Mailing address: 1116 Budapest, Fehérvári út 168-178.
Address of business premises: 1116 Budapest, Fehérvári út 168-178.
Name of representative: Sport8 Nagyker
Company registration number: 01-09-181889
Name of registering court: Pest County Court of Registration
Tax ID number: 24778468-2-43
Bank: OTP
Bank account number: 11742111-20062998-00000000
E-mail address: apkozsuzsa@sport8.hu
Telephone number: +36-20-563-8377 / +36-1-877-4841
Fax:
Our company, SPORT8 HUNGARY Kft, has been engaged in the Hungarian and international distribution of fitness products (fitness machines, fitness accessories and food supplements) for more than 20 years, and for 5 years with the largest sports watch brands available on the market (Polar, Timex, Sigma).
Hosting provider details
Name: UNAS Online Kft.
Headquarters: 9400 Sopron, Major köz 2. I/15.
Contact: +36-99/884-000, unas@unas.hu
DEFINITIONS
Parties: the Seller and the Buyer together
Consumer: a natural person acting outside the scope of their profession, independent occupation or business activity
Consumer contract: a contract in which one of the parties qualifies as a consumer
Website: http://sport8nagyker.hu, which qualifies as a means of communication enabling distance contracting
Contract: a sales contract concluded between the Seller and the Buyer through the use of the Website and electronic correspondence
Means of communication enabling distance contracting: a device suitable for making a contractual statement in the absence of the parties — for the purpose of concluding a contract. Such devices include in particular addressed or unaddressed printed matter, standard letters, advertisements published in the press together with order forms, catalogues, the telephone, the fax, and devices providing internet access
Distance contract: a consumer contract concluded within the framework of an organised distance sales system established for the supply of the goods or services covered by the contract, without the simultaneous physical presence of the parties, in such a way that the contracting parties use exclusively means of communication enabling distance contracting for the conclusion of the contract
Product: every movable, marketable item available in the offer of the Website, placed on the market and intended for sale on the Website, which forms the subject of the Contract
Company: a person acting within the scope of their profession, independent occupation or business activity
Buyer/You: the person submitting a purchase offer through the Website and entering into a contract
Guarantee: In the case of contracts concluded between a consumer and a company (hereinafter: consumer contract), pursuant to the Civil Code,
a) the guarantee undertaken for the performance of the contract, which the company assumes voluntarily for the proper performance of the contract beyond, or in the absence of, its statutory obligation, as well as
b) the mandatory guarantee based on law
APPLICABLE LEGISLATION
The following legislation applies in particular to the Contract:
Act CLV of 1997 on consumer protection;
Act CVIII of 2001 on certain issues of electronic commerce services and information society services;
Act V of 2013 on the Civil Code (CC);
Government Decree 151/2003 (IX. 22.) on mandatory guarantee for certain durable consumer goods;
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses;
NGM Decree 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims for items sold under contracts between consumers and businesses
SCOPE, ACCEPTANCE AND AMENDMENT OF THE TERMS AND CONDITIONS
The content of the contract concluded between us is determined — in addition to the provisions of the applicable mandatory legislation — by these Terms and Conditions (hereinafter: T&C), as well as the further information available on the website. Accordingly, these T&C contain the rights and obligations of both You and us, the conditions for the conclusion of the contract, the deadlines for performance, the shipping and payment terms, the liability rules, and the conditions for exercising the right of withdrawal.
You are obliged to familiarise yourself with the provisions of these T&C before finalising your order. By purchasing through our webshop, You accept the provisions of these T&C, and the T&C in their entirety form part of the contract concluded between You and the Seller.
The Seller is entitled to modify the provisions of these T&C within the framework of the applicable legislation. Please read the provisions of the T&C before each purchase! Any modification of the T&C takes effect upon publication on the website. Any modifications do not affect contracts (confirmed orders) already concluded.
LANGUAGE AND FORM OF THE CONTRACT
The language of the contracts falling under the scope of these T&C is Hungarian.
Contracts falling under the scope of these T&C do not qualify as written contracts,
they are recorded by the Seller.
PRICES
Prices are stated in forints and include 27% VAT. Prices are indicative; we reserve the right to change them.
Some of our products contain 5% VAT, contrary to the above.
COMPLAINT HANDLING AND ENFORCEMENT OPTIONS
The consumer may submit complaints regarding the product or the Seller's activity to the following contact points:
- Customer service office location:
1116 Budapest, Fehérvári út 168-178.
- Customer service opening hours:
Monday: 09:00 - 18:00
Tuesday: 09:00 - 18:00
Wednesday: 09:00 - 18:00
Thursday: 09:00 - 18:00
Friday: 09:00 - 18:00
Saturday: 10:00 - 13:00
Sunday: Closed
- Telephone: +36-1/877-4841
- Fax: +36-1/877-4865
- Internet address: https://www.sport8nagyker.hu
- E-mail: nagyker@sport8.hu
Entry in the customer book. The customer book is available at the Seller's premises (customer service). The Seller will respond in writing to entries made in the customer book within 30 days.
The consumer may submit a complaint to the company either verbally or in writing, regarding the conduct, activity or omission of the company, or of a person acting on behalf or for the benefit of the company, directly related to the distribution or sale of goods to consumers.
The company is obliged to examine verbal complaints immediately and to remedy them as necessary. If the consumer disagrees with the handling of the complaint, or if the immediate investigation of the complaint is not possible, the company is obliged to draw up a report on the complaint and its position thereon without delay, and in the case of a verbal complaint made in person, hand over one copy to the consumer on the spot. In the case of a verbal complaint made by telephone or other electronic communications service, the report shall be sent to the consumer no later than within 30 days — in accordance with the provisions on the response to written complaints — together with the substantive response. Otherwise, the company is obliged to proceed as follows in respect of written complaints. The company is obliged — unless a directly applicable legal act of the European Union provides otherwise — to respond to a written complaint in writing on the merits within thirty days of its receipt and to arrange for the communication thereof. A shorter time limit may be set by law and a longer one by statute. The company is obliged to justify any position rejecting the complaint. The company is obliged to provide verbal complaints made by telephone or by means of electronic communications service with a unique identification number.
The report on the complaint shall contain the following:
- the consumer's name and address,
- the place, time and method of submitting the complaint,
- a detailed description of the consumer's complaint, a list of documents and other evidence presented by the consumer,
- the company's statement of position regarding the consumer's complaint, if immediate investigation of the complaint is possible,
- the signature of the person drawing up the report and — except in the case of a verbal complaint made by telephone or other electronic communications service — the signature of the consumer,
- the place and time of drawing up the report,
- in the case of a verbal complaint made by telephone or other electronic communications service, the unique identification number of the complaint.
The company is obliged to keep the report on the complaint and a copy of the response for five years, and to present them to the supervisory authorities upon request.
In case of rejection of the complaint, the company is obliged to inform the consumer in writing of the authority or arbitration board whose proceedings the consumer may initiate with respect to the complaint, according to its nature. The information must also include the address, telephone and internet contact details and mailing address of the competent authority and of the arbitration board competent at the consumer's place of residence or stay. The information must also state whether the company will use the arbitration board procedure to settle the consumer dispute.
If a consumer dispute potentially existing between the Seller and the consumer is not settled during negotiations, the following enforcement options are available to the consumer:
Filing a complaint with the consumer protection authorities. If the consumer notices that their consumer rights have been violated, they are entitled to file a complaint with the consumer protection authority competent at their place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. First-instance consumer protection authority tasks are carried out by the district offices competent at the consumer's place of residence, the list of which can be found here: http://jarasinfo.gov.hu/
Court proceedings. The Customer is entitled to enforce their claim arising from the consumer dispute before a court within the framework of civil proceedings 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.
Please be informed that you may file a consumer complaint against us. If we reject your consumer complaint, you are entitled to turn to the Arbitration Board competent at your place of residence or stay: the condition for initiating the arbitration board procedure is that the consumer attempts to settle the dispute directly with the company concerned. At the consumer's request, the arbitration board specified in the consumer's request shall have jurisdiction instead of the competent board.
The company has an obligation to cooperate in the arbitration board procedure.
Within this framework, the companies are required to submit a written response at the call of the arbitration board, and the obligation to appear before the arbitration board is also established ("ensuring the participation of a person authorised to reach a settlement at the hearing").
If the company's headquarters or premises are not registered in the county under the jurisdiction of the chamber operating the territorially competent arbitration board, the company's obligation to cooperate extends to offering the possibility of concluding a written settlement in accordance with the consumer's claim.
In case of breach of the above cooperation obligation, the consumer protection authority has jurisdiction, on the basis of which, due to the change in legislation, a mandatory fine shall be imposed in case of unlawful conduct of companies, with no possibility of waiving the fine. In addition to the Act on Consumer Protection, the relevant provision of the Act on Small and Medium-sized Enterprises has also been amended, so that the imposition of the fine cannot be waived in the case of small and medium-sized enterprises either.
The amount of the fine in the case of small and medium-sized enterprises may range from 15 thousand forints to 500 thousand forints, while in the case of non-small and medium-sized enterprises falling within the scope of the Accounting Act with an annual net turnover exceeding 100 million forints, it may range from 15 thousand forints up to 5% of the company's annual net turnover, but at most up to 500 million forints. By introducing the mandatory fine, the legislator aims to emphasise cooperation with arbitration boards and to ensure the active participation of companies in arbitration board procedures.
The arbitration board has jurisdiction over the out-of-court settlement of consumer disputes. The task of the arbitration board is to attempt to bring about a settlement between the parties for the purpose of settling the consumer dispute, and if this is unsuccessful, to make a decision in the case in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. The arbitration board provides advice to the consumer or the company at their request regarding the rights and obligations of the consumer.
The arbitration board procedure is initiated at the consumer's request. The request must be submitted in writing to the chairman of the arbitration board: the requirement of writing may be fulfilled by letter, telegram, telex or fax, as well as by any other means that enables the addressee to permanently store the data addressed to them for the time appropriate to the purpose of the data, and to display the stored data unchanged in form and content.
The request must contain
- the consumer's name and place of residence or stay,
- the name, headquarters or relevant premises of the company concerned by the consumer dispute,
- if the consumer has requested a board other than the competent arbitration board, the designation of the requested board,
- a brief description of the consumer's position, the facts supporting it and their evidence,
- the consumer's statement that they have attempted to settle the dispute directly with the company concerned,
- the consumer's statement that they have not initiated proceedings of another arbitration board in the matter, no mediation procedure has been initiated, no statement of claim has been filed and no request for the issuance of a payment order has been submitted,
- a motion concerning the decision of the board,
- the consumer's signature.
The document, or a copy (extract) thereof, the contents of which the consumer refers to as evidence, must be attached to the request, in particular the company's written statement rejecting the complaint, in the absence of which, any other written evidence available to the consumer regarding the attempt at the prescribed conciliation.
If the consumer acts through an authorised representative, the power of attorney must be attached to the request.
More information on the Arbitration Boards is available here: http://www.bekeltetes.hu
More information on the territorially competent Arbitration Boards is available here: http://www.bekeltetes.hu/index.php?id=testuletek
Contact details of the individual territorially competent Arbitration Boards:
Baranya County Arbitration Board
Address: 7625 Pécs, Majorossy I. u. 36.
Telephone: 06-72-507-154
Fax: 06-72-507-152
E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu
Bács-Kiskun County Arbitration Board
Address: 6000 Kecskemét, Árpád krt. 4.
Telephone: 06-76-501-500; 06-76-501-525, 06-76-501-523
Fax: 06-76-501-538
E-mail: bekeltetes@bacsbekeltetes.hu; mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu
Békés County Arbitration Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Telephone: 06-66-324-976
Fax: 06-66-324-976
E-mail: eva.toth@bmkik.hu
Borsod-Abaúj-Zemplén County Arbitration Board
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone: 06-46-501-091; 06-46-501-870
Fax: 06-46-501-099
E-mail: kalna.zsuzsa@bokik.hu
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Telephone: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
Csongrád County Arbitration Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Telephone: 06-62-554-250/118
Fax: 06-62-426-149
E-mail: bekelteto.testulet@csmkik.hu
Fejér County Arbitration Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Telephone: 06-22-510-310
Fax: 06-22-510-312
E-mail: fmkik@fmkik.hu
Győr-Moson-Sopron County Arbitration Board
Address: 9021 Győr, Szent István út 10/a.
Telephone: 06-96-520-217
Fax: 06-96-520-218
E-mail: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Arbitration Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Telephone: 06-52-500-710
Fax: 06-52-500-720
E-mail: korosi.vanda@hbkik.hu
Heves County Arbitration Board
Address: 3300 Eger, Faiskola út 15.
Telephone: 06-36-429-612
Fax: 06-36-323-615
E-mail: hkik@hkik.hu
Jász-Nagykun-Szolnok County Arbitration Board
Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306.
Telephone: 06-56-510-621, 06-20-373-2570
Fax: 06-56-510-628
E-mail: bekeltetotestulet@jnszmkik.hu
Komárom-Esztergom County Arbitration Board
Address: 2800 Tatabánya, Fő tér 36.
Telephone: 06-34-513-027
Fax: 06-34-316-259
E-mail: szilvi@kemkik.hu
Nógrád County Arbitration Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Telephone: 06-32-520-860
Fax: 06-32-520-862
E-mail: nkik@nkik.hu
Pest County Arbitration Board
Address: 1055 Budapest, Kossuth Lajos tér 6-8. III. emelet 331.
Telephone: 06-1-269-0703
Fax: 06-1-474-7921
E-mail: pmbekelteto@pmkik.hu
Somogy County Arbitration Board
Address: 7400 Kaposvár, Anna u.6.
Telephone: 06-82-501-026
Fax: 06-82-501-046
E-mail: skik@skik.hu
Szabolcs-Szatmár-Bereg County Arbitration Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Telephone: 06-42-311-544
Fax: 06-42-311-750
E-mail: bekelteto@szabkam.hu
Tolna County Arbitration Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. emelet
Telephone: 06-74-411-661
Fax: 06-74-411-456
E-mail: kamara@tmkik.hu
Vas County Arbitration Board
Address: 9700 Szombathely, Honvéd tér 2.
Telephone: 06-94-312-356
Fax: 06-94-316-936
E-mail: vmkik@vmkik.hu
Veszprém County Arbitration Board
Address: 8200 Veszprém, Radnóti tér 1. földszint 116.
Telephone: 06-88-429-008
Fax: 06-88-412-150
E-mail: bekelteto@veszpremikamara.hu
Zala County Arbitration Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Telephone: 06-92-550-513
Fax: 06-92-550-525
E-mail: zmbekelteto@zmkik.hu
Online dispute resolution platform
The European Commission has set up a website where consumers can register, giving them the opportunity to settle their disputes related to online purchases by completing a request, avoiding court proceedings. In this way, consumers can enforce their rights without, for example, being prevented from doing so by distance.
If you wish to file a complaint regarding a product or service purchased online and you do not necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader against whom you have lodged a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.hom
COPYRIGHT
Pursuant to Section 1(1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), the website is considered a copyrighted work, therefore all parts thereof are protected by copyright. Pursuant to Section 16(1) of the Copyright Act, it is prohibited to use, without permission, the graphic and software solutions and computer program creations found on the website, or to use any application by means of which the website or any part thereof can be modified. Even with the written consent of the copyright holder, material may only be taken from the website and its database with reference to the website and indication of the source. The copyright holder is: SPORT8 HUNGARY Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság.
NATURE OF THE PRODUCT, CORRECTION OF DATA ENTRY ERRORS
Information on the essential characteristics of the products
We provide information on the essential characteristics of the products available for purchase on the website in the descriptions of each product. The data on the product page is for informational purposes only! The images are sometimes illustrations and the colours do not always correspond to reality!
Correction of data entry errors - Liability for the accuracy of the data provided
During the ordering process, before finalising your order, You have the continuous opportunity to modify the data you have entered (by clicking the back button in the browser, the previous page opens, so the entered data can be corrected even after You have moved to the next page). We draw your attention to the fact that it is your responsibility to ensure that the data you enter is accurate, as it is on the basis of the data you provide that the product is invoiced and shipped. By placing your order, You acknowledge that the Seller is entitled to pass on to You all damages and costs arising from your incorrect data entry or inaccurately provided data. The Seller excludes its liability for performance based on inaccurate data entry. Please note that an incorrectly entered e-mail address or a saturated mailbox storage may result in the failure of delivery of the confirmation and may prevent the conclusion of the contract.
Procedure in case of incorrect pricing
It may happen that — e.g. due to a technical error — an incorrect price appears on the website. In the case of an incorrect price, we are not able to accept the order (your offer) at the incorrect price, and we are not obliged to sell the product at the incorrect price. In the event of an offer made at an incorrect price, no contract is concluded between us. If You make an offer at an incorrect price, the system automatically confirms it, but this does not constitute acceptance of the offer on our part. In the event of an offer (order) made by You at an incorrect price, the Seller's staff will draw your attention to the correct price and may offer to conclude the contract at the correct price. You are not obliged to make an offer or to conclude a contract at the correct price communicated by the Seller instead of the incorrect price. In this case, no contract is concluded between the parties.
USE OF THE WEBSITE
Registration
Purchasing requires registration.
The website provides Users with the opportunity to view products and place online orders. Users can browse the website using the menu items. The products are organised into categories. All discounted products available in the store can be found in the Sale Products category. The start and expiration date of the promotion, or the start date and "while stocks last" designation, is indicated separately for each product.
Under the Buy More for Less menu item, you can find the products for which the store provides a quantity discount when ordering several pieces.
Under the New Products menu, you can find the products newly appearing in the website's offer. By clicking on the category name, the list of products in it can be seen. If not all products in a given category can fit on one page, you can navigate using the numbers above and below the products. The detailed product page can be accessed from the product list by clicking on the product name, where you can find out about the detailed characteristics and price of the product you wish to order.
On the website, it is possible to search for a product by keyword. The product results matching the search criteria are displayed in a list, similarly to the categories.
The selected product can be placed in the cart using the cart button, and the required quantity can be set next to the button. The User can check the contents of the cart using the Cart menu item. Here, they can modify the quantity they want to order of the product placed in the cart, or delete the given item. It is also possible to completely empty the cart using the Empty Cart button.
The User can continue the purchase process by clicking on the Order button. As a second step, it is possible to log in, register, or purchase without registration. In the case of registration and purchase without registration, the User must provide the following data: e-mail address, name, telephone number, billing address, and delivery address if different. In addition to the above data, a password must also be provided for registration. The User can be informed of a successful registration via e-mail and on the website. The User may request the deletion of their registration from the Service Provider via e-mail, in which case they must re-register for a new purchase.
The User is responsible for keeping the access data confidential. The User is responsible for updating their data and is obliged to notify the Service Provider if they become aware that their data has been misused by a third party. In case of a forgotten password, a new password can be requested on the website to the registered e-mail address. If the User has previously registered on the website, the ordering process can be continued by entering their e-mail address and password.
As the next step of the order, the User must select the appropriate payment and shipping method. The User can check all previously provided data and the products to be ordered, and their quantity, using a summary page. In case of data entry errors, the user can correct the entered data using the pencil icon.
If everything is found to be correct, the order can be finalised using the Submit Order button. Confirmation will be sent via the website and via e-mail. If the User notices incorrect data after the order has been recorded (e.g.: in the confirmation e-mail), they are obliged to report it to the Service Provider immediately, but no later than within 24 hours. Regardless of any intention to order, the User can log in using the Customer Login window or the Login menu item. After logging in, a Modify Data menu item appears, where they can modify the data provided during registration, as well as track the data and status of their order.
Finalisation of the order (making an offer)
If You have verified that the contents of the cart correspond to the products You wish to order and that your data is correctly entered, you can complete your order by clicking on the "Order" button. The information communicated on the website does not constitute an offer by the Seller to conclude a contract. In the case of orders falling under the scope of these T&C, You qualify as the offeror, and the contract is concluded by the Seller accepting the offer made by You via the website, in accordance with the provisions of these T&C.
By pressing the "Order" button, You expressly acknowledge that your offer must be considered as having been made and that your statement — in the case of confirmation by the Seller in accordance with these T&C — entails a payment obligation.
Order processing, conclusion of the contract
You are bound by your offer for a period of 48 hours. If the Seller does not confirm your offer within 48 hours in accordance with these General Terms and Conditions, You are released from your binding offer.
You have the opportunity to place an order at any time. The Seller will confirm your offer by e-mail no later than the working day following the sending of your offer. The contract is concluded by the Seller accepting the offer made by You.
Payment methods
Bank transfer
You can also pay for the products by bank transfer.
Data required for the transfer:
Beneficiary's bank: OTP Bank
Beneficiary's name: Sport8 Hungary Kft.
Tax ID number: 24778468-2-43
Company registration number: 01-09-181889
Beneficiary's account number: 11742111-20062998-00000000
Payment by bank card
In our webshop, you can pay quickly and securely by bank card.
With this payment method, the customer is redirected to the OTP Bank system. There you can use your bank card to settle the invoice. The bank card details must always be entered on the bank's page, so they are not transmitted to the merchant under any circumstances. Accepted bank cards: Visa (embossed), MasterCard (embossed), American Express (embossed), Electron (non-embossed), Maestro (non-embossed).
Cash on delivery
If you wish to settle the value of the order upon receipt of the package, please select the "Cash on delivery" payment method.
Cash payment
You have the option to pay the price of the product and the delivery fee in cash upon receipt of the product.
OTPay
On the webshop website, select the OTPay payment method, then provide your telephone number or your OTPay ID (function accessible from the menu).
By clicking on the application message that appears shortly on your telephone, or by opening the application, you can initiate the payment.
If you find the amount displayed to be correct, select which registered card you wish to pay with, then tap the "Pay" button. To confirm, the mPIN known only to you must also be entered.
The result of the payment will shortly appear in the application, while the webshop page is also refreshed. You can send the details of the transaction by e-mail, but you can also find them later in the list of transactions.
Delivery methods, delivery fees
DPD courier service
The product is delivered by DPD courier service. More information: https://www.dpd.com/hu_privatugyfelek
You are not charged any fee.
Royal Sprint courier service
The product is delivered by Royal Sprint courier service. More information, parcel tracking: http://www.royalfutar.hu/blank-kj36a
Personal pickup - You are not charged any shipping fee.
Our stores: More information
Delivery deadline
The general performance deadline for orders is a maximum of 30 days from the confirmation of the order. This delivery deadline is for informational purposes only; any deviation from this will be notified by e-mail in each case. By accepting these General Terms and Conditions, You acknowledge that the Seller expressly excludes its liability for damages due to exceeding the specified delivery time.
Reservation of rights, retention of title
The Buyer acknowledges and expressly accepts that the Seller retains ownership of the product ordered by the Buyer until the full consideration is paid in full, and ownership of the product passes to the Buyer upon payment of the full consideration, while the risk of damage associated with the product passes to the Buyer upon receipt.
It may happen that the manufacture of some products on our website has been discontinued. In view of this, we reserve the right to reject already confirmed orders, in whole or in part. Partial fulfilment may only take place after consultation with You. In case of advance payment of the purchase price of the product, the amount will be refunded to You within 5 working days.
CONSUMER INFORMATION PURSUANT TO GOVERNMENT DECREE 45/2014 (II. 26.)
Table of Contents
- Consumer information
- Right of withdrawal
- Warranty rights
Information on the right of withdrawal of the consumer buyer
Pursuant to Section 8:1(1)(3) of the Civil Code, only a natural person acting outside the scope of their profession, independent occupation or business activity qualifies as a consumer, therefore legal persons may not exercise the right of withdrawal without justification!
The consumer is entitled to the right of withdrawal without justification pursuant to Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise their right of withdrawal
a) in the case of a contract for the sale of goods
aa) of the product,
ab) in the case of the sale of several products, if the supply of the individual products takes place at different times, of the product last supplied,
within fourteen days from the date of receipt by the consumer or a third party other than the carrier designated by the consumer.
The provisions of this point do not affect the consumer's right to exercise the right of withdrawal specified in this point in the period between the date of conclusion of the contract and the date of receipt of the product.
If the consumer made the offer for the conclusion of the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the binding offer to conclude the contract.
Statement of withdrawal, exercise of the right of withdrawal or termination of the consumer
The consumer may exercise the right granted in Section 20 of Government Decree 45/2014 (II. 26.) by means of an unambiguous statement to this effect, or by using the statement template that can also be downloaded from the website.
Validity of the consumer's statement of withdrawal
The right of withdrawal shall be considered to have been exercised in due time if the consumer sends their statement within the 14 calendar day deadline.
The burden of proof that the right of withdrawal was exercised in accordance with this provision lies with the consumer.
The Seller is obliged to confirm the consumer's statement of withdrawal on an electronic data carrier after its receipt.
The Seller's obligations in case of the consumer's withdrawal
The Seller's refund obligation
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the full amount paid by the consumer as consideration, including costs incurred in connection with the performance, such as the delivery fee, no later than within fourteen days of becoming aware of the withdrawal. We draw your attention to the fact that this provision does not apply to the additional costs caused by choosing a delivery method other than the least expensive standard delivery method.
The method of the Seller's refund obligation
In the case of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount owed to the consumer in the same manner as the payment method used by the consumer. With the consumer's express consent, the Seller may also apply another payment method for the refund, but the consumer may not be charged any additional fee as a result. The Seller bears no responsibility for any delay due to a bank account number or postal address provided by the Consumer incorrectly and/or inaccurately.
Additional costs
If the consumer expressly chooses a delivery method other than the least expensive standard delivery method, the Seller is not obliged to refund the resulting additional costs. In such cases, our refund obligation exists up to the level of the indicated general delivery fee rates.
Right of retention
The Seller may withhold the amount owed to the consumer until the consumer has returned the product or has unequivocally proved that they have sent it back; whichever of the two is the earlier shall be taken into account. We are unable to accept shipments sent by cash on delivery.
The consumer's obligations in case of withdrawal or termination
Return of the product
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return the product without delay, but no later than within fourteen days of the communication of the withdrawal, or to hand it over to the Seller or to a person authorised by the Seller to receive the product. The return is considered to have been completed in due time if the consumer sends the product before the deadline expires.
Bearing of costs related to the return of the product
The consumer bears the cost of returning the product. The product must be returned to the Seller's address. If the consumer terminates the contract concluded outside business premises or by distance — concerning the provision of services — after the commencement of performance, they are obliged to pay the company a fee proportionate to the service performed up to the time of communicating the termination to the company. The amount to be paid proportionately by the consumer shall be determined on the basis of the total amount of consideration set out in the contract, increased by tax. If the consumer proves that the total amount thus determined is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the time of termination of the contract.
Consumer's liability for depreciation
The consumer is liable for any depreciation resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the product.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases set out in Section 29(1) of Government Decree 45/2014 (II.26.):
a) in the case of a contract for the provision of services, after the performance of the service as a whole, if the company commenced performance with the consumer's express prior consent, and the consumer has acknowledged that they will lose their right of termination after the performance of the service as a whole;
b) in respect of a product or service the price or fee of which depends on possible fluctuations of the financial market that cannot be influenced by the company, even during the period set for exercising the right of withdrawal;
c) in the case of a non-prefabricated product manufactured at the consumer's instruction or express request, or in the case of a product clearly tailored to the consumer's personal requirements;
d) in respect of a perishable product or a product that retains its quality for only a short time;
e) in respect of a sealed product which cannot be returned after opening following delivery for reasons of health protection or hygiene;
f) in respect of a product which, by its nature, is inseparably mixed with another product after delivery;
g) in respect of an alcoholic beverage the actual value of which depends on market fluctuations in a manner that cannot be influenced by the company, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract takes place only after the thirtieth day following the conclusion of the contract;
h) in the case of a contract for work, where the company visits the consumer at the consumer's express request to carry out urgent repair or maintenance work;
i) regarding the sale of a sealed audio or video recording or a copy of computer software, if the consumer has opened the packaging after delivery;
j) regarding newspapers, periodicals and magazines, with the exception of subscription contracts;
k) in the case of contracts concluded at public auctions;
l) except for housing services, in the case of a contract for the provision of accommodation, transportation, car rental, catering or services related to leisure activities, if the contract stipulates a specific performance date or deadline;
m) regarding digital content provided on a non-tangible data carrier, if the company commenced performance with the consumer's express prior consent and the consumer simultaneously declared their acknowledgement that they will lose their right of withdrawal after the commencement of performance.
Implied warranty, product warranty, guarantee
This point of the consumer information was prepared on the authority of Section 9(3) of Government Decree 45/2014 (II.26.), applying Annex 3 of Government Decree 45/2014 (II.26.).
Implied warranty
In what cases can You exercise your right to implied warranty?
In case of defective performance by the Seller, You can enforce an implied warranty claim against the Seller in accordance with the rules of the Civil Code.
What rights are You entitled to under your implied warranty claim?
You may — at your choice — exercise the following implied warranty claims:
You may request repair or replacement, except if fulfilment of the claim chosen by You from these is impossible or would entail disproportionate additional costs for the Seller compared to the fulfilment of another claim. If You did not or could not request repair or replacement, You may demand a proportionate reduction of the consideration, or repair the defect at the Seller's expense yourself, or have it repaired by another, or — as a last resort — withdraw from the contract.
You may also switch from your chosen implied warranty right to another, but the cost of the switch shall be borne by You, except if it was justified or if the Seller gave cause for it.
What deadline applies for enforcing your implied warranty claim?
You are obliged to report the defect immediately upon discovery, but no later than within two months of the discovery of the defect. At the same time, please note that you can no longer enforce your implied warranty rights beyond the two-year limitation period calculated from the performance of the contract.
Against whom can You enforce your implied warranty claim?
You can enforce your implied warranty claim against the Seller.
What other conditions apply to enforcing your implied warranty rights?
Within six months of performance, there is no other condition for enforcing your implied warranty claim beyond reporting the defect, if You prove that the product or service was provided by the Seller. However, after six months from performance, You are obliged to prove that the defect You identified was already present at the time of performance.
Product warranty
In what cases can You exercise your product warranty right?
In case of a defect in a movable item (product), You may — at your choice — enforce an implied warranty claim or a product warranty claim.
What rights are You entitled to under your product warranty claim?
As a product warranty claim, You may exclusively request the repair or replacement of the defective product.
In what case is a product considered defective?
A product is defective if it does not meet the quality requirements in force at the time it is placed on the market, or if it does not have the properties described in the manufacturer's description.
What deadline applies for enforcing your product warranty claim?
You can enforce your product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this deadline, You lose this right.
Against whom and under what other conditions can You enforce your product warranty claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. In the case of enforcing a product warranty claim, You must prove the defect of the product.
In what case is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is released from its product warranty obligation only if it can prove that:
- it did not manufacture or place the product on the market in the course of its business activity, or
- the defect was not detectable at the time of placing on the market according to the state of science and technology, or
- the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for release.
Please note that You cannot enforce an implied warranty claim and a product warranty claim simultaneously, in parallel with each other, for the same defect. However, in the case of the successful enforcement of your product warranty claim, You can enforce your implied warranty claim against the manufacturer for the replaced product or the repaired part.
Guarantee
In what cases can You exercise your guarantee right?
In case of defective performance, the obligor is obliged to provide a guarantee on the basis of a contract.
What rights and within what deadline are You entitled to under the guarantee?
Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods specifies the cases of mandatory guarantee. For Products not falling within this scope, the Seller does not provide a guarantee. The guarantee claim can be enforced within the guarantee period. If the party obliged to provide the guarantee does not comply with its obligation upon the request of the entitled party — within an appropriate deadline — the guarantee claim can be enforced before a court within three months of the expiry of the deadline set in the request, even if the guarantee period has already expired. Failure to observe this deadline results in the loss of rights. The rules on the exercise of implied warranty rights shall otherwise be applied accordingly to the enforcement of the guarantee claim. The duration of the guarantee is one year. Failure to observe this deadline results in the loss of rights. The guarantee period commences on the day the consumer good is handed over to the consumer, or, if the installation is carried out by the company or its agent, on the day of installation. For any guarantee claims beyond one year, please contact the manufacturer!
When is the Seller released from its guarantee obligation?
The Seller is released from its guarantee obligation only if it proves that the cause of the defect arose after performance.
Please note that You cannot enforce an implied warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim, simultaneously, in parallel with each other, for the same defect; otherwise, however, the rights arising from the guarantee are due to You independently of the warranty entitlements.
EFFECTIVE DATE OF THESE GENERAL TERMS AND CONDITIONS:
2018.05.25