Terms of Service
General Terms and Conditions Effective Date: 2025.03.01.
1. What does this document contain?
These General Terms and Conditions (hereinafter: “GTC”) define the content of the contract (hereinafter: “Contract”) concluded between the Customer and the Web Store, and include:
* important data and contact information of our company (the Web Store),
* the rights and obligations of you as a Customer and us as a Web Store,
* information related to the use of our Website and the ordering process (for example, registration, ordering process, whether the contract is in writing, the language of the contract, whether it will be filed, correction of data entry errors, binding offer and confirmation, etc.)
* certain rules on delivery deadlines,
* liability rules,
* delivery and payment terms,
* information on the right of withdrawal and the conditions for exercising it,
* information on the warranty, liability for defects and product liability,
* the information available to you a detailed presentation of legal enforcement options.
Definitions
We have collected the definitions of the terms used in the GTC in full for you in Appendix I. For better understanding, we also define terms in some parts of the main text.
Technical information, mandatory information
You can find the technical information required for using the Website, as well as certain other information required by law, which is not included in the GTC, on the Website.
2. Applicable legislation
The law governing the Contract is the legislation of Hungary. We have listed the most important legislation so that you can verify your rights first-hand and from a completely authentic source:
* Act CLV of 1997 on Consumer Protection
* Act LXXVI of 1999 on Copyright
* Act CVIII of 2001 on Electronic Commerce Services and Certain Issues of Information Society Services
* 151/2003. (IX.22.) Government Decree on the Mandatory Warranty for Durable Consumer Goods
* Act CXX of 2011 on the Right to Informational Self-Determination and Freedom of Information
* Act V of 2013 on the Civil Code (especially Book Six)
* Government Decree 45/2014. (II.26.) on the Detailed Rules for Contracts between Consumers and Businesses
* 19/2014. (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
* 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 Regulation 95/46/EC
* REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified geo-blocking and other forms of discrimination based on the customer’s nationality, place of residence or place of establishment within the internal market, and repealing Regulations (EC) 2006/2004 and (EU) 2017/2394, as well as amending Directive 2009/22/EC
3. Introduction
Welcome to the website operated by us (hereinafter referred to as the “Website”).
The language of the Contract is Hungarian.
Basic information: who makes an offer and who accepts it?
The information provided on the Website does not constitute an offer to conclude a contract on the part of the Web Store. In the case of orders subject to these GTC, you are considered the offeror under the law, the Web Store accepts your offer and thus the contract is concluded between us.
Basic information: is the contract concluded between us in writing?
An order placed through the Website is not considered a written legal statement, but rather a statement made by reference to it, so the contract concluded between you and the Web Store electronically does not constitute a written contract, they are not filed by the Web Store, so they cannot be accessed or viewed subsequently.
Placing an order, conclusion of a contract
Orders can only be placed electronically. Orders cannot be placed by fax, telephone, e-mail or letter, and the Web Store cannot fulfill orders received in this way.
By using the Website (checking a box, clicking on the order button), you acknowledge and accept the provisions of these GTC.
Code of Conduct
The Web Store is not subject to the provisions of the Code of Conduct.
4. Webstore details
Name: Keresztes Fábián e.v.
Registered office: 6800 Hódmezővásárhely, Ferenc Károly u. 20.
Telephone number: +36 70 256 6505
E-mail: info@hkcase.com
Company registration number/registration number: 54417984
Tax number: 55704584-1-26
Statistical number: 55704584479123106
Online sales platform (domain name): www.hkcase.com
Bank account number: 11600006-00000002-02210186
Registration body: Szeged Court of Appeals
5. Detailed purchase conditions
Registration
A valid registration is not a condition for purchasing on the Website.
If the Website offers the possibility of registration, the following rules apply:
* You can register by clicking on the “Registration/I am registering” button and entering an e-mail address and other data (further details in the Data Management Information).
* After successful registration, you can enter your user account by entering your login details on the login interface.
* You have the right to request the deletion of your registration in the manner specified on the Website (e.g. in your user account). After receiving the message, the Web Store is obliged to immediately ensure the deletion of the registration. Your user data will be removed from the system immediately after deletion. However, this does not affect the retention of data and documents related to orders already placed, and does not result in the deletion of this data. After removal, there is no longer any possibility to restore the data.
* You are solely responsible for keeping your user access data (especially the password) confidential. If you become aware that an unauthorized third party has gained access to the password you provided during registration, you must change your password immediately, and if it can be assumed that the third party is abusing the password in any way, you must simultaneously notify the Web Store.
* You agree to update the personal data provided during registration as necessary in order to ensure that they are up-to-date, complete and true to reality.
Ordering process
Learning about and selecting a product
You have the opportunity to browse the Products on the Website, which we present to you according to different aspects. By clicking on the name of the product category, the list of Products included in it will appear. By clicking on the name or photo of the Products, you can find out about the essential features, detailed characteristics and price of the Product.
Functions of the “basket”
If you like any Product, you can place the Product(s) in your virtual basket by clicking on the “Add to Cart” or similar button/word, which is a kind of “antique” for the order.
You can view the contents of the basket by clicking on the “Contents of the basket”, the “Basket” or similar label/button or the basket icon (drawing).
Before finalizing the order, you can reduce, increase or delete the Product(s) from the basket as you wish.
What steps do you need to take to start your order?
To submit your order, you need to provide your name, billing and delivery details by filling out the web form on the Website and select the desired delivery and payment method from the available options. If there is a registration option on the Website and you have already registered on our Website and logged in to your account, for your convenience, our system may pre-fill some data for you.
What do you recommend that you do before submitting your order? (data verification/correction)
Before finalizing your order, you can use a summary page to check all your previously entered data, as well as the Product(s) you wish to order, and their quantity. If you have noticed any data entry errors, be sure to correct them in the data you have entered. If you would like to change any content element of the cart or your data before final submission, you can still do so using the technical methods provided by the Web Store (e.g. the “Back” label/button or the left arrow).
Sending the order and the occurrence of your payment obligation
If you are convinced that the data you have provided is correct and the contents of the basket correspond to the Products you wish to order, then after accepting these GTC (ticking the checkbox), you can finally send your order to the Webstore by clicking on the “SEND ORDER” or similar button, which will create a payment obligation for you.
Product price
The purchase price of the Products displayed on the Website is indicated including general sales tax and other public charges (gross). The purchase price indicated next to the Products does not include the cost of delivery. The price of the Products is indicated in Hungarian forints (Ft). The total amount to be paid includes all costs, including the delivery fee, based on the order summary and confirmation letter.
Order confirmation process
You can do so in the following ways
a contract can be formed between you and the Web Store. The way in which our contract is formed from the two options below is stated in our information on the Website and in the emails we send.
1. An automatic technical confirmation email and a second contract-forming email
After you have sent us your order on the Website, you will receive two emails from us.
The first email is an automatic confirmation email in which we inform you that your order has been received in the system. This is a technical system message that contains the data you have provided (order ID, order date, list of ordered Products, quantity, Product price, shipping costs and the total amount to be paid).
If you experience that the automatic confirmation email contains your data incorrectly, you must inform us of this fact by email immediately, along with providing your correct data. If the automatic confirmation email does not arrive in your email account within 24 hours, please contact us, as it is possible that your order has not been received in our system due to technical reasons.
The second email (no longer an automatic, technical system message) contains the Web Store’s contractual (i.e. accepting your offer/order) statement, which confirms the feasibility of the order within 48 hours of the date of submission of your order. The offer acceptance email is considered acceptance of the offer made by you by the Web Store, which creates a contract between you and the Web Store.
The contract for the purchase of a Product concluded online between you and the Web Store is considered an electronically concluded contract. Based on the purchase contract, the Web Store is obliged to transfer the ownership of the item, and you are obliged to pay the purchase price and take delivery of the item.
1. We will send you an email after receiving your order
After you have sent us your order on the Website, you will receive an email from us, which will contain:
1. a) the automatic confirmation, in which we inform you that your order has been received in the system and contains the data you have provided (order ID, order date, list of ordered Products, quantity, Product price, shipping costs and the total amount to be paid).
If you find that the confirmation contains your data incorrectly, you must immediately notify us of this fact by email, including the correct data. If our confirmation and contract-forming email does not arrive in your email account within 24 hours, please contact us, as it is possible that your order has not been received in our system for technical reasons.
1. b) the Web Store’s contractual statement (i.e. accepting your offer/order), which confirms the ability to fulfill the order no later than 48 hours from the time of submitting your order.
Formation of a contract, content of the contract
When is the contract concluded between you and the Web Store?
The offer acceptance e-mail from the Web Store is considered as acceptance of the offer made by you, which concludes the contract between you and the Web Store at the time when the e-mail containing our contractual statement becomes available in your electronic mail system.
What type of contract is the Contract concluded between you and the Web Store?
The contract for the purchase and sale of a Product concluded online between you and the Web Store is considered an electronically concluded purchase and sale contract. Based on the purchase and sale contract, the Web Store is obliged to transfer the ownership of the item, you are obliged to pay the purchase price and take delivery of the item.
Binding offer
You are exempt from binding offer if you do not receive a confirmation e-mail from the Web Store accepting your order, i.e. accepting (fulfilling) your offer, without delay, but no later than within 48 hours.
The order and its confirmation shall be deemed to have been received by the Web Store or you when it becomes available to the recipient.
If the confirmation does not arrive on time because you provided an incorrect e-mail address during registration, or you cannot receive messages due to the storage space belonging to your account being full, the Web Store excludes liability for the failure of your order and the failure to conclude a contract.
If you have already sent your order to the Web Store and notice an error in the data included in the confirmation e-mail, you must notify the Web Store within 1 day in order to avoid the fulfillment of orders containing unwanted or incorrect data.
Incorrect price
We take the greatest possible care when displaying the price of the Products and the description of the Products. It may happen that we display a price (discount) that is significantly different from the usual market price of the Product and/or display an unrealistic price due to an IT device/software error.
An obviously incorrect price can be any of the following three cases:
* The Web Store displays a price of 0 HUF for one or more Products,
* The Web Store displays a discounted price, but not reduced in accordance with the actual amount of the discount, for one or more Products,
* The Web Store displays an erroneously evasive price for one or more Products, without the intention of an actual price reduction, which is lower than the discounted market price level.
In such cases, the Web Store is entitled to:
1. not accept (reject) your offer with content that differs from the Web Store’s contractual will (at an unrealistically low price)
AND
1. at its option, make a call for bids to you at a price that corresponds to your real contractual will (you are not obliged to place a new order with us at this new price),
OR
1. or the bidding process started at the wrong price is deemed to have been concluded unsuccessfully and the contract is not concluded.
We consider it important to emphasize that when assessing commercial practice, the behavior of a consumer who acts reasonably informed and with the attention and caution generally expected in the given situation should be taken as a basis.
The Web Store therefore assumes that the Customer, when ordering, acts in accordance with what can be expected of a conscious consumer, i.e. is aware of the properties, characteristics and market price level of the Product to be ordered, including if the price of the Product indicated by the Web Store is obviously too low.
Invoice
The Web Store issues an electronic invoice for your purchase and sends the invoice to you by e-mail. Our company issues invoices only to private individuals!
Payment Methods
You can pay for the Products you have selected using several payment solutions. The set of payment solutions available to you changes from time to time. We inform you about the currently available payment solutions both in several places on the Website (e.g. with icons) and when ordering a specific Product. Here we provide you with general information about the payment solutions.
The total amount of the order can be paid through the Global Payment Online Bank Card payment system
The Online Store does not apply different conditions to the payment transaction – with regard to the payment methods it accepts – for reasons related to the Buyer’s nationality, place of residence or place of establishment, the place of account management of the payment account, the place of establishment of the payment service provider or the place of issue of the cash-substitute payment instrument within the Union.
Delivery conditions
General information
The Products you have selected can be ordered with several delivery methods and at prices that vary from time to time, and in some cases you will find them at constantly changing prices as part of a promotion. We will inform you about the currently available delivery methods and their prices when you order the specific Product, here we provide you with general information about the delivery conditions.
The delivery fee is €3, and for orders over €30 it is free.
Delivery methods
1. Home delivery
In the case of home delivery, please provide a delivery address where you can be reached during the day.
If you are not at the specified delivery address at the specified time and the package fails to be collected, the courier will leave a notification at one of the contact details provided. Using the number on the notification, you can provide or agree on a new delivery address and time with the courier service. The courier service will usually attempt to deliver the ordered Products 2 more times.
The Web Store reserves the right to deliver the Products included in an order at the same time and does not undertake partial delivery.
Delivery deadline
The Web Store is obliged to make the Product available to the Consumer without delay, but no later than thirty days after the conclusion of the contract.
We cannot control the speed of delivery, the tracking code for the packages only indicates the dispatch, delivery status, and receipt
The specific delivery deadline is always included in the confirmation sent by the Web Store. This is usually 5-10 working days, in the event of possible administrative problems or incorrect warehouse management, the customer will be immediately notified of the later arrival of the package.
The Web Store will hand over your order to the courier service as soon as possible, depending on the type of Product(s) ordered. The Web Store and/or the courier company will notify you in advance of the delivery date by e-mail and/or text message.
In the event of a delay by the Web Store, the Customer, who is considered a consumer (see the definitions in Appendix I), is entitled to set an additional deadline. If the Web Store fails to perform within the additional deadline, the Consumer is entitled to withdraw from the contract.
The Consumer is entitled to withdraw from the contract without setting an additional deadline if
1. the Web Store has refused to perform the contract
OR
1. the contract should have been performed at the specified performance time – and not at any other time – according to the agreement of the Parties or due to the recognizable purpose of the service.
Transfer of risk of damage
If the Buyer qualifies as a Consumer (see definitions in Annex I) and the Online Store undertakes to deliver the Product(s) to the Consumer, the risk of damage shall pass to the Buyer when the Buyer or a third party designated by the Buyer takes possession of the Product(s). The risk of damage shall pass to the Buyer upon handover to the carrier, if the carrier has been commissioned by the Buyer, provided that the carrier has not been recommended by the Online Store.
6. Information on the right of withdrawal and rules for exercising the right of withdrawal
Consumer’s right of withdrawal
Important information: the rights listed in this section are granted to Customers who are consumers (hereinafter: “Consumer” – see also the definitions in Annex I). Accordingly, companies, institutions, public bodies, etc. (legal entities) may not exercise the right of withdrawal as set out below.
Government Decree No. 45/2014. (II. 26.) Pursuant to Section 20 of the Decree, the Consumer has the right to withdraw from the contract for the sale of the Product within fourteen (14) days from the date of receipt by the Consumer or a third party other than the carrier indicated by the Consumer, without giving any reason, in the case of a contract for the sale of the Product:
1. The Product,
2. In the case of the provision of several Products, the last product provided,
3. In the case of a product consisting of several items or pieces, the last item or piece provided,
4. If the Product is to be provided regularly within a specified period, the first service,
without giving any reason.
The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the Product.
Exclusion of the Consumer’s right of withdrawal
The Consumer is not entitled to the right of withdrawal in the following cases:
1. in the case of a contract for the provision of services, after the performance of the entire service, if the undertaking has begun the performance with the express prior consent of the consumer and the consumer has acknowledged that he will lose his right of withdrawal after the performance of the entire service;
1. in the case of a product or service whose price or fee cannot be influenced by the undertaking and is subject to possible fluctuations in the financial market during the period specified in Section 20(2);
1. in the case of a non-prefabricated product that was produced on the instructions of the consumer or at his express request, or in the case of a product that was clearly tailored to the consumer;
1. in the case of a perishable product or a product that retains its quality for a short time (e.g. fresh food, hot food);
1. in respect of a product in sealed packaging that cannot be returned after being opened after delivery for health or hygiene reasons. The Web Store cannot be expected to take back such products if the Consumer has already opened the packaging directly protecting the product and/or has started using it for its intended purpose, since in such a case it cannot be ruled out that the product has come into contact with the human body or body fluids or bacteria, so the hygienic or health quality of the product can no longer be guaranteed. If the Consumer has not yet started using these products subject to the exception rule, i.e. has not yet opened the packaging directly protecting the product, he may exercise his right of withdrawal in accordance with the general rules.
2. in respect of a product that, due to its nature, is inseparably mixed with other products after delivery;
3. in the case of an alcoholic beverage, the actual value of which depends on market fluctuations in a way that cannot be influenced by the undertaking, and the price of which was agreed upon by the parties when the purchase contract was concluded, but the performance of the contract only takes place after the thirtieth day from the conclusion;
4. in the case of a business contract in which the undertaking visits the consumer at the express request of the consumer for the purpose of carrying out urgent repair or maintenance work;
5. in the case of the sale and purchase of sealed audio and video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
6. in the case of newspapers, magazines and periodicals, with the exception of subscription contracts;
7. in the case of contracts concluded at public auction;
8. in the case of a contract for the provision of accommodation, except for residential services, transport, car rental, catering or a contract for services related to leisure activities, if a performance deadline or deadline specified in the contract has been stipulated;
9. in the case of digital data content provided on a non-tangible data carrier, if the enterprise has begun the performance with the express prior consent of the consumer and, with this consent, the Consumer has simultaneously declared his acknowledgement that he will lose his right of termination after the commencement of performance.
If the Consumer nevertheless wishes to exercise his right of withdrawal, he must send a clear statement containing his intention to withdraw (for example, by post or by electronic mail) to the Web Store at the contact details indicated in point 4 of these GTC. For this purpose, the Consumer may also use the sample withdrawal statement attached to the order confirmation e-mail or available in Annex II at the end of these GTC.
Rules of procedure for exercising the right of withdrawal
When is the exercise of the right of withdrawal considered valid?
In the case of a written withdrawal, it shall be deemed to have been valid within the deadline if the Consumer sends his/her declaration to the Web Store within 14 calendar days (even on the 14th calendar day). If the Consumer sends his/her declaration of withdrawal by post, the date of posting, if by e-mail, the time of sending the e-mail, will be taken into account by the Web Store for the purpose of calculating the deadline. We recommend that the Consumer send his/her letter by registered mail so that the date of posting can be credibly proven, in particular with regard to the following (burden of proof).
Which party has the burden of proof?
The Consumer is responsible for proving that he/she exercised his/her right of withdrawal in accordance with the provisions set out in this point (point 6).
What must the Web Store do after the Consumer has exercised his right of withdrawal?
The Web Store is obliged to confirm the receipt of the Consumer’s declaration of withdrawal by e-mail within a reasonable period of time, especially if the Consumer submitted his declaration of withdrawal in the manner provided on the Website (for example, via a web form).
What must the Consumer do after sending his declaration of withdrawal?
In the event of withdrawal, the Consumer is obliged to return the ordered Product to the return address indicated by the Web Store on the Website without undue delay, but no later than 14 days from the date of communication of his declaration of withdrawal. The deadline is deemed to have been met if the Consumer sends the Product (posts it or hands it over to the courier he ordered) before the expiry of the 14-day deadline.
Who bears the cost of return?
The cost of returning the Product to the Web Store address is borne by the Consumer, unless the Web Store has undertaken to bear these costs. However, the Web Store does not undertake to handle the return shipment or its costs from the Consumer. The Web Store does not accept packages returned by cash on delivery or postage. Apart from the cost of returning the Product, the Consumer is not charged any other costs in connection with the withdrawal.
The Consumer may be liable for the depreciation of the Product in the event of withdrawal
The Consumer may only be held liable for the depreciation of the Product if it has occurred due to use exceeding the use necessary to establish the nature, properties and functioning of the Product. The Web Store may therefore demand reimbursement of the depreciation of the Product or its reasonable costs resulting from use exceeding the use necessary to establish the nature, properties and functioning of the Product.
How long does the Web Store have to refund the purchase price and what elements thereof in the event of the Consumer’s withdrawal?
If the Consumer withdraws from the contract, the Web Store shall reimburse all payments made by the Consumer (Product price), including the cost of transport (delivery), without undue delay and no later than 14 days from the date of receipt of the Consumer’s declaration of withdrawal, with the exception of any additional costs incurred as a result of the Consumer choosing a transport method other than the cheapest standard transport method offered by the Web Store.
When will we withhold the refund?
The Web Store is entitled to withhold the refund until the Product has been received back or the Consumer has provided credible evidence that he has returned it: whichever is the earlier, the Web Store will take into account.
How will we pay the Consumer the refund?
During the refund, the Web Store uses the same payment method as the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method, for example, by providing the bank account number and the name of the beneficiary in the withdrawal statement. The Consumer will not be charged any additional costs as a result of using such a refund method.
7. Information on warranty, product warranty and guarantee
Relationship between warranty and guarantee
Warranty and guarantee rights are valid alongside each other. The fundamental difference between them is that in the case of a warranty, the rules of the burden of proof are more favorable to the Consumer.
Defective performance
In the case of defective performance, the company operating the webshop is obliged to provide a warranty based on Act V of 2013 on the Civil Code.
A Product is considered defective if it does not meet the quality requirements in force at the time of its release or if it does not have the properties specified in the description provided by the manufacturer.
The company performs defectively if the service does not meet the quality requirements established in the contract or in the law at the time of performance.
It is not considered defective performance if the entitled party knew or should have known about the defect at the time of conclusion of the contract.
In the case of a consumer contract, it shall be presumed, until proven otherwise, that the defect recognized by the Consumer within six months of performance already existed at the time of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect.
Warranty
In the event of defective performance by the Web Store, you may assert a warranty claim against the Web Store in accordance with the provisions of the Civil Code. In the case of a new product purchased under a consumer contract, you may assert your warranty claims within a 2-year limitation period from the date of receipt for product defects that already existed at the time of delivery of the product. You may no longer assert your warranty rights beyond the two-year limitation period.
In the case of used products, a limitation period shorter than 2 years may be stipulated. The Web Store always provides a 1-year warranty for the Products it sells, according to which you can enforce your warranty claim within a 1-year limitation period.
If it is not a consumer contract, the entitled party can enforce their warranty claims within a 1-year limitation period from the date of receipt.
You can enforce your warranty claim directly against the Web Store.
a) Claims enforceable under the warranty of accessories
You may – at your choice – request repair or replacement, unless the fulfillment of the claim you have chosen is impossible or would entail disproportionate additional costs for the Web Store compared to the fulfillment of another claim. If you did not or could not request repair or replacement, you may request a proportionate reduction in the consideration or you may repair the defect yourself at the Web Store’s expense, or have someone else repair it, or – in the last resort – you may withdraw from the contract. There is no right to withdraw from the contract due to a minor defect.
The deadline for rectification starts upon receipt of the consumer product.
You are obliged to notify the Web Store of the defect immediately after its discovery, but no later than within two months of the discovery of the defect.
You may switch from your chosen warranty right to another, but you must bear the cost of the switch, unless it was justified or the Web Store gave reason for it.
If you assert your warranty claim with respect to a part of the Product that can be separated from the specified defect, the warranty claim with respect to other parts of the Product is not considered to be asserted.
b) Exemption of the Web Store from its warranty obligation
Within six months of the performance of the contract, there is no other condition for asserting your warranty claim than communicating the defect, if you prove that you purchased the Product from the Web Store (by presenting an invoice or a copy of the invoice). In such a case, the Web Store is only exempt from the warranty if it rebuts this presumption, i.e. proves that the defect in the Product arose after it was delivered to you.
If the Web Store can prove that the cause of the defect arose for a reason attributable to you, it is not obliged to grant the warranty claim made by you. However, after six months from the performance, it is obliged to prove that the defect recognized by you already existed at the time of performance.
Product Warranty
In the event of a defect in the Product (movable property), the Buyer, who is a consumer, may – at his/her choice – withdraw from the contract (see point 6) or assert a product warranty claim.
However, you do not have the right to assert a warranty claim for the same defect at the same time, in parallel. However, in the event of a successful assertion of a product warranty claim, you may assert a warranty claim for the replaced product or repaired part against the manufacturer.
a) Claims that can be asserted under the product warranty
As a product warranty claim, you may only request the repair or replacement of the defective product. The defect of the product can be asserted under the product warranty claimIn any case, you must prove it.
You can assert your product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this deadline, you will lose this right. After discovering the defect, you must notify the manufacturer of the defect without delay. A defect notified within two months of discovering the defect shall be deemed to have been notified without delay. The consumer is liable for any damage resulting from the delay in notification.
b) Exemption of the manufacturer from the product warranty obligation
The manufacturer or distributor is only exempted from the product warranty obligation if he can prove that:
* the product was not manufactured or placed on the market as part of his business activities, or
* the defect was not recognizable according to the state of science and technology at the time of placing on the market, or
* the product defect results from the application of a law or mandatory official regulation.
The manufacturer or distributor only needs to prove one reason for exemption.
Warranty
In the event of defective performance, the Web Store is obliged to provide a warranty in the case of the sale of new durable consumer goods (e.g. technical items, tools, machines) listed in Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods, as well as their accessories and components within the scope specified therein.
The (objective) scope of the regulation only covers new Products and applies only to products sold within the framework of a consumer contract concluded in the territory of Hungary and listed in the annex to the regulation.
Warranty rights may only be asserted by the Customer who is a consumer.
The Web Store communicates the warranty period for each Product at the latest by means of the data included in the warranty certificate (warranty certificate) given upon receipt of the Product by the Customer.
The Web Store is only exempt from its warranty obligation if it proves that the cause of the defect arose after the performance.
The warranty period is
* one year for a sale price of HUF 10,000 but not exceeding HUF 100,000,
* two years for a sale price of HUF 100,000 but not exceeding HUF 250,000,
* three years for a sale price of HUF 250,000 or more.
Failure to meet the above deadlines will result in forfeiture of rights. The part of the repair period during which you are unable to use the Product as intended is not included in the warranty period.
The warranty period begins on the day the consumer product is handed over to you, or if the installation is carried out by the company or its agent, on the day of installation. If you have the consumer product installed more than six months after delivery, the warranty period begins on the day the consumer product is handed over.
In the event of replacement (repair) of the Product or part of the Product, the warranty period shall start anew for the replaced (repaired) Product (product part) and for the defect arising as a result of the repair.
Claims that can be asserted under the warranty
In the event of a defect covered by the warranty, you:
* may primarily – at your choice – demand repair or replacement, unless the fulfillment of the selected warranty claim is impossible or if it would result in disproportionate additional costs for the Web Store compared to the fulfillment of the other warranty claim, taking into account the value of the Product in perfect condition, the severity of the breach of contract and the harm caused to you by the fulfillment of the warranty claim.
* if the Web Store has not undertaken to repair or replace the product, is unable to fulfill this obligation within the appropriate deadline, while protecting your own interests, or if your interest in repair or replacement has ceased, you may – at your choice – request a proportional reduction of the purchase price, repair the defect yourself at the Web Store’s expense or have it repaired by someone else, or withdraw from the contract. There is no right to withdraw due to an insignificant defect.
Defects that exclude the validation of a warranty claim
A defect is not covered by the warranty if its cause occurred after the Product was delivered to you, for example, if the defect was:
* improper installation (except if the installation was carried out by the Web Store or its agent, or if the improper installation is due to an error in the user manual)
* improper use, disregard for the contents of the user manual,
* improper storage, improper handling, vandalism,
* caused by natural damage or natural disaster.
Procedure in the event of a warranty claim (in the case of a Customer who is a consumer)
You may, at your choice, assert your claim for repair directly at the registered office of the Web Store, at any of its locations, branches, and at the repair service indicated on the warranty card by the Web Store. You may report your warranty claims to the Web Store via the contact details specified in point 4.
You are responsible for proving the conclusion of the contract (with an invoice, receipt).
The Web Store is responsible for the costs related to the fulfillment of the warranty obligation.
The Web Store is obliged to record the warranty or guarantee claim reported by you and provide you with a copy of it without delay and in a verifiable manner.
The repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the Product and its intended purpose.
If the Web Store is unable to state whether the warranty or guarantee claim you have made is enforceable upon notification, it shall notify you of its position within five working days in a verifiable manner.
The Web Store shall keep the minutes for three years from the date of receipt and shall present them to the supervisory authority.
The Web Store shall endeavour to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds fifteen days, the Web Store shall inform you of the expected duration of the repair or replacement. The information shall be provided electronically or in another manner suitable for confirmation of receipt by the consumer, with your prior consent.
If the Product cannot be replaced, the Web Store shall refund the purchase price indicated on the invoice or receipt presented by you within eight days. The eight-day period shall begin upon the unsuccessful expiry of the thirty-day period prescribed for repair.
Other rules for repair in the event of a mandatory warranty
In a contract between a consumer and a business, the parties may not conclude an agreement that deviates from the provisions of Government Decree 45/2014. (II. 26.) to the detriment of the Consumer.
If during the warranty period:
1. during the first repair of the Product, the Web Store determines that the Product cannot be repaired, unless the consumer has otherwise instructed, the Web Store is obliged to replace the Product within eight days or, if requested, refund the amount to the buyer,
2. after the Product has been repaired three times, the Web Store is obliged to replace the Product again – unless you have otherwise instructed, or if you do not request a proportional reduction in the purchase price, and you as a consumer do not wish to repair the consumer item at the Web Store’s expense or have it repaired by someone else, the Web Store is obliged to replace the Product within eight days,
3. if the Product is not repaired within the thirtieth day from the date of notification of the repair request to the Web Store, – unless you have otherwise instructed – the Web Store is obliged to replace the Product within eight days following the unsuccessful expiration of the thirty-day deadline, or, if requested, to refund the amount to the buyer.
If the consumer product is defective for the fourth time, you are entitled to request the Web Store to repair it, or to request a proportional reduction of the purchase price from the Web Store, or to repair the consumer product at the Web Store’s expense. If you do not exercise these rights or have not stated this, the Web Store must replace the consumer product within 8 days; if this is not possible, the sales price on the invoice or receipt must be refunded to you within 8 days.
During the repair, only new parts may be installed in the Product.
If the Web Store fulfills its warranty or guarantee obligation in a manner different from the right you wish to assert, the reason for this must be stated in the minutes.
In the event of replacement (repair) of the Product or part of the Product, the warranty period shall start anew for the replaced (repaired) Product (product part) and for the defect arising as a result of the repair.
If you make a replacement request within three working days of purchase (installation) due to a defect in the Product, the Web Store may not invoke disproportionate additional costs, but is obliged to replace the Product, provided that the defect prevents its intended use.
However, you are not entitled to assert a warranty claim or a product warranty claim at the same time, in parallel, due to the same defect.
The warranty therefore does not affect the enforcement of your statutory rights – in particular, warranty claims for materials and products, or compensation.
If a legal dispute arises between the parties that cannot be settled amicably, you may initiate a conciliation board procedure, as indicated in point 8.
The Web Store does not assume liability for damages that arise from incorrect or careless handling after the transfer of risk of damage, excessive use, or effects other than those specified, or other improper use of the Products.
8. Rights to enforce rights
Complaint handling
When can you file a complaint?
You can file a complaint with the Web Store about the conduct, activity or omission of the Web Store and any person acting in the interest or on behalf of the Web Store, which is directly related to the distribution or sale of the Product(s) to you.
How can you file a complaint?
You can file your complaint orally or in writing.
Where can you file a complaint?
You can primarily submit your consumer complaints related to the Product or the sales activities of the Web Store directly through the contact details specified in point 4.
Verbal complaint
Rules for investigating verbal complaints
The Web Store is obliged to immediately investigate verbal complaints communicated over the telephone and, if possible, remedy them as necessary. If you do not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Web Store will record the complaint.
Rules for the record
In the case of a verbal complaint made by telephone or using other electronic communication services, the Web Store will send you a copy of the record at the latest together with the substantive response – within 30 days at the latest.
The Web Store is obliged to keep a copy of the record of the complaint for three years from the date of the complaint and present it to the supervisory authorities.
The Web Store will assign a unique identifier to the complaint recorded by telephone or using other means of communication, which will simplify the retrieval of the complaint later.
In some cases, when processing a verbal complaint, the Web Store will act in accordance with the rules applicable to written complaints.
Written complaint
The Web Store shall respond to the complaint received in writing within 30 days and shall take measures to communicate it.
If the complaint is rejected, the Web Store shall inform you of the reason for the rejection. If the complaint is rejected, the Web Store shall inform you in writing of which authority or conciliation body you may initiate proceedings with your complaint – depending on its nature. The information must also include the seat, telephone and internet contact details, and mailing address of the competent authority or the conciliation body at your place of residence or stay. The information must also include whether the Web Store uses the conciliation body procedure in order to resolve the consumer dispute.
Other legal remedies
If a consumer dispute between the Web Store and the Customer is not resolved during negotiations with the Web Store, the Customer, who is a consumer, may contact the conciliation body competent for his/her place of residence or stay and initiate the body’s proceedings, or may also contact the conciliation body competent for the Web Store’s registered office, and the following legal remedies are open to the Customer:
* Conciliation body proceedings
* Filing a complaint with the consumer protection authority
* Dispute resolution proceedings through the EU online dispute resolution platform
* Initiating court proceedings
Details:
Filing a complaint with the consumer protection authority
If you notice a violation of your consumer rights, you may file a complaint with the consumer protection authority competent for your place of residence. After assessing the complaint, the authority will decide on the conduct of the consumer protection procedure. The consumer protection authority acts upon request or ex officio, thus examining the market conduct of the Web Store from a consumer protection perspective. However, your individual case will be resolved by the conciliation body, i.e. in this case, the consumer protection authority will transfer the applicant’s case to the conciliation body.
Dispute resolution procedure via the European Union’s online dispute resolution platform
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
In the event of a consumer dispute related to an online sales contract, it is possible for consumers to electronically resolve their online purchase-related, even cross-border, disputes by submitting an electronic complaint via the online platform available via the link above.
All that is required for this is for the consumer to register on the online platform available via the link above, fill out an application in full, and then submit it electronically to the conciliation body via the platform. This way, consumers can easily enforce their rights despite the distances.
The law has designated government offices as the general consumer protection authority. Contact details for government offices: https://www.kormanyhivatal.hu/hu/elerhetosegek
Initiating a conciliation body procedure
Contact details for conciliation bodies:
http://www.bekeltetes.hu/index.php?id=testuletek
If the Web Store rejects the Consumer’s complaint, the Consumer is entitled to contact the conciliation body competent for his or her place of residence or stay. The condition for initiating a conciliation body procedure is that the Consumer attempts to resolve the dispute directly with the Web Store.
For the purposes of the rules on the conciliation board, a consumer is also a civil society organization, church, condominium, housing cooperative, micro, small and medium-sized enterprise under a separate law that buys, orders, receives, uses, or makes use of goods, or is the recipient of commercial communication or offers related to goods.
The conciliation board is responsible for resolving consumer disputes out of court. The conciliation board is responsible for attempting to reach an agreement between the Web Store and the Consumer for the purpose of resolving consumer disputes. If this is unsuccessful, it will make a decision on the matter in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the Web Store, the conciliation board will advise on the rights of the consumer and the obligations incumbent on the Consumer.
The conciliation board proceedings are initiated at the request of the Consumer. The request must be submitted in writing to the president of the conciliation board. The requirement of being in writing may be fulfilled by letter, telegram, teletypewriter or telefax, or by any other means which enables the recipient to permanently store the data addressed to him for a period of time appropriate to the purpose of the data and to display the stored data in an unchanged form and content.
The application must include:
* the name, place of residence or residence of the consumer,
* the name, registered office or relevant establishment of the undertaking concerned by the consumer dispute,
* if the consumer requests the competent body instead of the competent conciliation body,
* a brief description of the consumer’s position, the facts supporting it and their evidence,
* the consumer’s statement that the consumer has attempted to resolve the dispute directly with the undertaking concerned
* the consumer’s statement that no other conciliation body has been initiated in the case, no mediation procedure has been initiated, no claim has been filed or a request for a payment order has been submitted,
* a motion for the body’s decision,
* the consumer’s signature.
The application must be accompanied by the document or its copy (extract) the content of which the Consumer refers to as evidence, in particular the written statement of the Web Store rejecting the complaint, or, failing that, by other written evidence available to the Consumer about the attempt at the required negotiation. If the Consumer acts through an authorized representative, the authorization must be attached to the application.
The Web Store is obliged to cooperate during the conciliation board procedure. In case of violation of this, the consumer protection authority has jurisdiction. Mandatory fines are imposed against the unlawful conduct of the Web Stores, and there is no possibility of waiving this, and it cannot be omitted even in the case of small and medium-sized enterprises.
The fine may range from HUF 15,000 to HUF 500,000 for small and medium-sized enterprises, while for non-small and medium-sized enterprises with an annual net turnover exceeding HUF 100 million, subject to the Accounting Act, it may range from HUF 15,000 to 5% of the annual net turnover of the enterprise, but not more than HUF 500 million.
Within the framework of the procedure, the enterprise is obliged to send its response to the conciliation body and ensure the participation of the person authorized to establish a settlement at the hearing. If the seat or premises of the Web Store are not registered in the county of the chamber operating the territorially competent conciliation body, the enterprise’s obligation to cooperate extends to offering the consumer the opportunity to conclude a written settlement in accordance with their needs.
The conciliation body attempts to establish a settlement between the consumer and the enterprise, and failing that, it decides on the case. It is important that the buyer can only contact the body in connection with the performance of his contract, i.e. his individual legal dispute, and not in other matters falling within the competence of the consumer protection authority (e.g. deception, price display, etc.), in which case the conciliation body will transfer the case to the consumer protection authority.
Contact details of the individual territorially competent Conciliation Bodies:
If any of the contact details have changed, you can view the latest contact details at the following link: http://www.bekeltetes.hu/index.php?id=testuletek
Baranya Megyei Békéltető Testület Cím: 7625 Pécs, Majorossy I. u. 36. Telefonszám: 06-72-507-154 Fax: 06-72-507-152 Email: info@baranyabekeltetes.hu |
Bács-Kiskun Megyei Békéltető Testület Cím: 6000 Kecskemét, Árpád krt. 4. Telefonszám: 06-76-501-500; 06-76-501-525, 06-76-501-523 Fax: 06-76-501-538 Email: bekeltetes@bacsbekeltetes.hu; Honlap: www.bacsbekeltetes.hu |
Békés Megyei Békéltető Testület Cím: 5600 Békéscsaba, Penza ltp. 5. Telefonszám: 06-66-324-976 Fax: 06-66-324-976 Email: bekeltetes@bmkik.hu |
Borsod-Abaúj-Zemplén Megyei Békéltető Testület Cím: 3525 Miskolc, Szentpáli u. 1. Telefonszám:06-46-501-091;06-46-501-870 Fax: 06-46-501-099 Email: bekeltetes@bokik.hu |
Budapesti Békéltető Testület Cím: 1016 Budapest, Krisztina krt. 99. III. em. 310. Telefonszám: 06-1-488-2131 Fax: 06-1-488-2186 Email: bekelteto.testulet@bkik.hu |
Csongrád Megyei Békéltető Testület Cím: 6721 Szeged, Párizsi krt. 8-12. Telefonszám: 06-62-554-250/118 Fax: 06-62-426-149 Email: bekelteto.testulet@csmkik.hu |
Fejér Megyei Békéltető Testület Cím: 8000 Székesfehérvár, Hosszúsétatér 4-6. Telefonszám:06-22-510-310 Fax: 06-22-510-312 Email: fmkik@fmkik.hu |
Győr-Moson-Sopron Megyei Békéltető Testület Cím: 9021 Győr, Szent István út 10/a. Telefonszám: 06-96-520-217 Fax: 06-96-520-218 Email: bekeltetotestulet@gymskik.hu |
Hajdú-Bihar Megyei Békéltető Testület Cím: 4025 Debrecen, Vörösmarty u. 13-15. Telefonszám: 06-52-500-710 Fax: 06-52-500-720 Email: bekelteto@hbkik.hu |
Heves Megyei Békéltető Testület Cím: 3300 Eger, Faiskola út 15. Telefonszám: 06-36-429-612 Fax: 06-36-323-615 Email: hkik@hkik.hu |
Jász-Nagykun-Szolnok Megyei Békéltető Testület Cím: 5000 Szolnok, Verseghy park 8. III. emelet 305-306. Telefonszám: 06-56-510-621, 06-20-373-2570 Fax: 06-56-510-628 |
Komárom-Esztergom Megyei Békéltető Testület Cím: 2800 Tatabánya, Fő tér 36. Telefonszám: 06-34-513-027 Fax: 06-34-316-259 Email:bekeltetes@kemkik.hu |
Nógrád Megyei Békéltető Testület Cím: 3100 Salgótarján, Alkotmány út 9/A. Telefonszám: 06-32-520-860 Fax: 06-32-520-862 Email: nkik@nkik.hu |
Pest Megyei Békéltető Testület Cím: 1119 Budapest, Etele út 59-61. II. emelet 240. Levelezési cím: 1364 Budapest, Pf.: 81 Telefonszám: 06-1-269-0703 Fax: 06-1-474-7921 Email: pmbekelteto@pmkik.hu |
Somogy Megyei Békéltető Testület Cím: 7400 Kaposvár, Anna u.6. Telefonszám: 06-82-501-026 Fax: 06-82-501-046 Email: skik@skik.hu |
Szabolcs-Szatmár-Bereg Megyei Békéltető Testület Cím: 4400 Nyíregyháza, Széchenyi u. 2. Telefonszám: 06-42-311-544 Fax: 06-42-311-750 Email: bekelteto@szabkam.hu |
Tolna Megyei Békéltető Testület Cím: 7100 Szekszárd, Arany J. u. 23-25. III. emelet Telefonszám: 06-74-411-661 Fax: 06-74-411-456 Email: kamara@tmkik.hu |
Vas Megyei Békéltető Testület Cím: 9700 Szombathely, Honvéd tér 2. Telefonszám: 06-94-312-356 Fax: 06-94-316-936 Email: vmkik@vmkik.hu |
Veszprém Megyei Békéltető Testület Cím: 8200 Veszprém, Radnóti tér 1. földszint 116. Telefonszám: 06-88-429-008 Fax: 06-88-412-150 Email: bekelteto@veszpremikamara.hu |
Zala Megyei Békéltető Testület Cím: 8900 Zalaegerszeg, Petőfi u. 24. Telefonszám: 06-92-550-513 Fax: 06-92-550-525 Email: zmbekelteto@zmkik.hu |
The Web Store is obliged to cooperate during the conciliation board procedure.
Initiation of court proceedings
If the Customer does not contact the conciliation board or the procedure does not lead to a result, he/she has the option to contact the court in the context 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. The lawsuit must be initiated with a statement of claim. The statement of claim must be accompanied by all documents and copies of the contents of which the Customer refers as evidence.
The statement of claim must include the following information:
* the court in question;
* the names, residences and legal positions of the parties and their representatives;
* the right sought to be enforced, with a presentation of the facts on which it is based and their evidence;
* the data from which the jurisdiction and competence of the court can be established;
* a firm request for the court’s decision.
9. Other provisions
Liability
The Customer may use the Website and the webshop interface exclusively at his own risk and accepts that the Webstore shall not be liable for any damages arising during use, beyond the liability for breach of contract caused intentionally or by a criminal act, or for damage to life, physical integrity or health.
The Customer shall ensure that he does not directly or indirectly violate the rights of third parties or the law when using the Website.
The Webstore is entitled, but not obliged, to check the content (such as comments) that the Customer may make available during the use of the Website, and the Webstore is entitled, but not obliged, to look for signs of illegal activity in relation to the published content and shall not be liable for these.
The pages of the Web Store may contain links that lead to the pages of other Web Stores. The Web Store is not responsible for the data protection practices and other activities of these service providers.
If the Customer notices objectionable content on the Website, please report it to the Web Store immediately. If the Web Store finds the report to be well-founded in the course of its good faith procedure, it is entitled to immediately delete the information or modify it.
Copyright and the consequences of its infringement
The entire Website, its graphic elements, text, articles and technical solutions written in blog posts and elements of the service are subject to copyright protection or other intellectual property rights. The Web Store is the copyright holder or authorized user of all content, any copyrighted work or other intellectual property rights displayed on the Website and in the provision of services available through the Website (including, among others, all graphics, photos and other materials, the layout and editing of the Website’s interface, the software and other solutions used, ideas, implementation).
The content of the Website and its individual parts may be saved or printed on a physical or other data medium only for private use or with the prior written consent of the Web Store.
In the event of the use of the content specified above without a usage license, the Web Store is entitled to claim a penalty and/or damages. The penalty is HUF 1,000 per word and HUF 5,000 per image. The Web Store uses the assistance of a notary to document copyright infringements. The notary is authorized to certify infringements committed on the Internet, so copyright infringements recorded in the presence of the notary can be publicly verified.
In addition to the rights expressly specified in these GTC, the use of the Website and no provision of the GTC grants the Customer the right to any use or exploitation of any trade name or trademark on the Website.
The Web Store reserves all rights to all elements of its service, with particular regard to the domain name, its associated subdomains, all other domain names occupied by the Web Store, its subpages, and its advertising spaces on the Internet. Any activity aimed at listing, organizing, archiving, hacking the Web Store’s database, or decrypting its source codes is prohibited, unless the Web Store has given separate written permission for this.
Without a separate agreement or using the service provided for this purpose, it is prohibited to modify, copy, place new data in, or overwrite existing data in the Web Store’s database by bypassing the interface or search engines provided by the Web Store.
Conditions for waiver of rights
Any waiver of rights is only valid if there is an express written declaration to this effect. If the Web Store does not exercise any of its rights under these GTC, it shall not be considered a waiver of the given right.
10. Unilateral modification of the GTC, exclusions
How can we modify the GTC?
The Web Store is entitled to unilaterally amend these General Terms and Conditions, in addition to prior notification to the Customer on the Website. The amended provisions shall become effective against the Customer upon the first use of the Website after their entry into force, and shall only apply to orders placed after the amendment. The amendment to the GTC shall not have retroactive effect.
Completeness of the contract, exclusions
These GTC and the information available on the Website, as well as other information, include the entire content of the contract between the Web Store and the Customer.
The content of contracts concluded on the basis of these GTC shall not be affected by the customs and practices established between the Web Store and the Customer in their previous business relationship. Furthermore, the content of contracts concluded on the basis of these GTC shall not be affected by the customs widely known and regularly applied by the subjects of similar contracts in the given business sector.
Annex 1
DEFINITIONS
Parties: Webstore and Customer together.
Consumer: a natural person acting outside the scope of his profession, independent occupation or business activity, who buys, orders, receives, uses, uses goods or is the recipient of commercial communication or offers related to goods.
Important: proceedings before conciliation bodies may also be initiated by persons outside the above definition of “Consumer”, as in this narrow circle the concept of consumer is expanded to include civil society organizations, religious legal entities, condominiums, housing cooperatives, micro, small and medium-sized enterprises acting for purposes outside the scope of their independent occupation and economic activities, which buys, orders, receives, uses, uses goods or is the recipient of commercial communication or offers related to goods.
Consumer contract: A contract, one of the subjects of which is considered a Consumer.
Website: The electronic interface operated by the Web Store, on which the Contract is concluded.
Warranty: In the case of contracts concluded between the Consumer and the Web Store, in accordance with the Civil Code,
1. the warranty for the performance of the contract, which the enterprise voluntarily undertakes for the proper performance of the contract in excess of its statutory obligation or in the absence thereof, and
2. the mandatory warranty based on the law.
Contract: A sales contract concluded between the Web Store and the Customer using the Website.
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized for the provision of the product or service under the contract, in such a way that the contracting parties use exclusively a means of communication between distant parties in order to conclude the contract.
Product(s): marketable movable item(s) offered on the Website, intended for sale and available for possession, which may be the subject of the Contract in the event of an order by the Buyer.
Buyer: a person entering into a Contract by making a purchase offer through the Website, who may be a consumer or an organization that is not a consumer (legal entity or other organization that is not a consumer).
Webstore: a contracting party to these GTC, an organization or individual entrepreneur as defined in point 4.
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