General terms and conditions

GENERAL TERMS AND CONDITIONS (GTC)

effective as of: 21/10/2020

Contents

• General Terms and Conditions
  • Preamble
  • Impressum
  • Definitions
  • Applicable legislation
  • Scope of GTC
  • Language and form of the contract
  • Prices
  • Procedure in case of erroneously indicated price
  • Options of complaint management and enforcement of rights
  • Copyright
  • Partial invalidity, code of conduct
  • Correction of errors of data entry
  • Use of the website
  • Order processing and conclusion of contract
  • Modes of payment
  • Modes of shipping
  • Performance deadline
  • Reservation of rights
  • Sales to foreign countries
• Consumer information
  • Right of withdrawal
  • Warranties

Preamble 

Welcome to our website! We are honoured by your visit!

This set of webshop GTC was made using the Fogyasztó Barát (Consumer Friendly) GTC generator.

Before you complete a purchase, please make sure you read this document carefully, because by completing and submitting your order, you accept the terms of the present GTC.

If you have any questions regarding the General Terms and Conditions, the use of the website, specific products or the process of purchasing, or you would like to discuss with us your individual needs, please contact our customer care representative, using the contact details provided.

Impressum: details of the Provider (Seller, Enterprise)

Name: Immunetec Proof Kft.

Registered seat: 5008 Szolnok, Krudy Gyula u. 112.

Mailing address: 5008 Szolnok, Krudy Gyula u. 112.

Authority of registration: Registration Court of the Szolnok Tribunal

Company registration number: 16-09-018227

Tax registration number: 23799976-2-16

Representative: Viktor Nagy

Phone: +36 30 539 3484

E-mail: info@immunetec.com

Website: https://immunetec.com/

Bank account number:  11745004-24511748

Hosting service provider

Name: MediaCenter Hungary Kft.

Registered seat: 6001 Kecskemét, Pf. 588.

Contact details: +36 21 201 0505, mediacenter@mediacenter.hu

Website: https://mediacenter.hu/

Definitions 

Parties: Seller and Buyer collectively

Consumer: means a natural person acting in a capacity other than his/her profession, occupation or business

Consumer Contract: means any contract one of the parties of which is considered a consumer

Website: means the present website, which is used to conclude the contract

Contract: A purchase agreement entered into by the Seller and the Buyer via electronic correspondence.

Means enabling communication between remote participants: a means of communication suitable for making a contract declaration in the absence of the parties, in order that the contract is concluded. Such means take the form – in particular – of addressed or unaddressed printed matter, standard letters, advertisements published in press products including an order form, as well as catalogues, phone, fax or any devices providing access to the internet

Contract concluded between remote participants: means a consumer contract concluded by the parties without their simultaneous presence, in a distance sales system set up for the provision of the contracted product or service, in such a way that the parties use only means enabling communication between remote participants for the conclusion of the contract.

Product: means any negotiable movable property covered by the Contract that is made available on the website for purchase

Enterprise: means any person acting in the capacity of his/her profession, occupation or business activity

Buyer/You: means any person submitting a purchase offer via the website and entering in a contract

Guarantee: In case of contracts concluded between the consumer and the enterprise (hereinafter referred to as consumer contract), the guarantee set out in the Civil Code

1. a) for the performance of the contract applies, which the enterprise undertakes with regard to the proper performance of the contract in addition to its obligations as per the law, or – failing that – the enterprise undertakes voluntarily, as well as
2. b) the mandatory guarantee as set out by the law

Applicable legislation 

The Contract is governed by Hungarian law, in particular by the following acts:

Act CLV of 1997 on consumer protection

Act CVIII of 2001 on certain issues of electronic commerce activities and information society services

Act V. of 2013 on the Civil Code

Government decree No. 151/2003. (IX.22.) on the mandatory guarantee for certain non-perishable consumer goods and Government Decree

Government decree No. 45/2014. (II.26.) on detailed rules of contracts concluded between consumers and businesses

Decree No. 19/2014. (IV.29.) of NGM (Ministry for National Economy) on the tax administration identification of invoices and receipts, and the verification of electronically stored invoices by the tax

Act LXXVI of 1997 on copyright

Act CXX of 2011 on the right of informational self-determination and on freedom of information

REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (of 28 February 2018) on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (of 27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

Scope and acceptance of GTC 

The content of the contract concluded between us is governed – in addition to the provisions of the applicable binding pieces of legislation – by the General Terms and Conditions (hereinafter referred to as GTC). Therefore, the present GTC include your and our rights and obligations, the conditions governing the existence of the contract, the time limits for delivery or completion, the delivery and payment terms, the rules of liability and the conditions of exercising the right of withdrawal.

The technical information necessary for the use of the Website, which is not included herein, are provided by other guidance available on the Website.

You are obliged to acquaint yourself of the provisions of the present GTC before completing your order.

Language and form of the contract 

The language of the contracts covered by the present GTC is the Hungarian language.

The contracts covered by the present GTC shall not be regarded as written agreements, and the Seller shall not file them.

E-invoicing

Our company uses electronic invoices as regulated by section 175 of Act CXXVII of 2007.  By accepting the present GTC, you consent to the use of the electronic invoice.

Prices 

All prices are in HUF, and are inclusive of the 27% VAT.  The Seller may resort to modifying the prices for reasons of marketing policy. Any modification of the prices shall not apply to contracts already concluded. If the Seller indicated a price erroneously, and an order for the specific product has been received, but the parties have not concluded the related contract yet, the Seller shall proceed in accordance with the “Procedure in case of erroneously indicated price” clause of the GTC.

Procedure in case of erroneously indicated price

The following examples shall be clearly considered as prices indicated erroneously:

• price of HUF 0,
• discount price indicating the discount incorrectly (e.g. an item normally sold at HUF 1000, offered for HUF 500, with a 20% discount indicated in the offer).

In case of an erroneously indicated price, the Seller shall offer the item for purchase at its correct price. Given the information, the Buyer will be in a position to consider ordering the product at its correct price or cancelling the order without any adverse legal consequences.

Options of complaint management and enforcement of rights

The consumer may present his/her complaints regarding the Seller’s activities using the following contact details:

• Phone: +36 30 539 3484
• Internet address: https://immunetec.com/
• E-mail: info@immunetec.com

The consumer may present his/her complaint to the enterprise or to a person acting in the interest or for the benefit of the enterprise orally or in writing. The complaint must concern the conduct, activity or negligence directly related to the distribution and sales of merchandise to consumers.

The enterprise shall investigate any oral complaint immediately, and remedy the situation, as necessary. If the consumer does not agree on the way his/her complaint is managed, or the immediate investigation of his/her complaint is impossible, the enterprise shall immediately draw up a report, one  copy of which – in case of an oral complaint lodged in person – the enterprise shall hand over to the consumer. In case of an oral complaint lodged by phone or using other electronic means of communication, the enterprise must send the consumer a copy of the report – in compliance with the rules applying to written complaints – within 30 days, along with a meaningful response to the consumer complaint.  In other regards, the enterprise must process written complaints in accordance with the following: Unless any directly applicable instrument of the European Union specifies otherwise, written complaints must be followed up with a meaningful response and appropriate action must be taken for the response to be communicated within 30 days of the receipt of the complaint. No deadline any shorter than the one specified herein may be set out by any piece of legislation, and no deadline any longer than the same may be specified by any act. The enterprise is obliged to justify its position, if it rejects the complaint. The enterprise shall assign a unique identification number to all oral complaints communicated via phone or electronic communications services.

The report drawn up about the complaint must include the following information:

1. name and address of the consumer,
2. place, date and mode of the lodging of the complaint,
3. detailed description of the consumer complaint, along with the documents and other evidences presented by the consumer,
4. the declaration of the enterprise stating its position on the consumer complaint, as long as an immediate investigation of the complaint is possible,
5. the signatures of the person drawing up the report and – with the exception of oral complaints communicated via phone or other electronic communications services – of the consumer,
6. the place and date of the drawing up of the report,
7. the unique identification number of the complaint in case of complaints communicated via phone or other electronic communications services.

The enterprise shall keep the report drawn up about the complaint as well as a copy of the response for five years, and present them to the auditing authority upon the authority’s request.

In case of the rejection of the complaint, the enterprise shall inform the consumer in writing of the latter’s options as to which authority or conciliation board the consumer may choose to contact, to request their proceedings. The information must also include the registered seat and contact details – including its phone number, web and mailing address – of the competent authority or conciliation board, in accordance with the consumer’s permanent address or temporary residence. The information must also specify whether the enterprise will resort to the procedure of the conciliation board in order to settle the consumer dispute.

If the potential consumer dispute between the Seller and the consumer may not be settled with negotiations, the following enforcement options shall be available to the consumer:

Consumer protection proceedings

Lodging a complaint with the consumer protection authorities. If the consumer perceives his/her consumer rights are impaired, they are entitled to lodge a complaint with the competent consumer protection authority of their residence. Once the complaint is evaluated, the authority shall decide on the performance of consumer protection proceedings. The competent Budapest and county government offices, in accordance with the consumer’s residence, shall be in charge of the tasks within the scope of consumer protection authorities of the first instance. You will find a list of these government offices here: http://www.kormanyhivatal.hu/

Legal proceedings

Legal proceedings. The Client is entitled to resort to judicial enforcement of his/her claim arising from legal dispute in civil proceedings, in accordance with Act V of 2013 and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation proceedings

We wish to inform you that you may lodge a consumer complaint against us.  If your complaint is rejected, you shall be entitled to appeal to the competent conciliation board, in accordance with your permanent address or temporary residence. The consumer’s attempt to settle the dispute directly with the enterprise concerned is a prerequisite for the commencement of the proceedings by the conciliation board. Based on the consumer’s request to that effect, the proceedings may be conducted by the conciliation board specified in the request, instead of the competent one.

The enterprise shall be bound by a duty of sincere cooperation in the board proceedings.

Within the framework of this, the enterprises shall also be bound by the obligation to send a rescription, and by an obligation to appear in front of the conciliation board (“ensuring the attendance of a person entitled to establish a concession in a hearing”).

If the registered seat of the enterprise or its premises are not registered in the county of the chamber operating the conciliation board, the enterprise’s duty of sincere cooperation shall be limited to offering the consumer the option of a written arrangement that meets the consumer’s needs.

In case of the violation of the duty of sincere cooperation referred to above the consumer protection authority shall have the competence on the basis of which – as a result of the amendment – the mandatory imposition of a fine shall be applicable in case of the enterprise’s infringing conduct, and there is no possibility to dispense with the penalty. Apart from the consumer protection act, the relevant provision of the act on small and medium-sized enterprises has also been amended. Consequently, the imposition of fines cannot be dispensed with, either.

The fine in case of small and medium-sized enterprises shall range between HUF 15 thousand to 500 thousand, while in case of non-SMEs that fall within the scope of the accounting act, with an annual net turnover exceeding HUF 100 million, it ranges from HUF 15 thousand to 5% of the enterprise’s net turnover, but may not be over HUF 500 million. The legislature intended the introduction of fines to further enforce the duty of sincere cooperation with the conciliation boards and ensure the enterprises’ active cooperation in the conciliation boards’ proceedings.

Out-of-court settlement of consumer disputes are within the competence of the the conciliation board.  The conciliation board is tasked with attempting to come to a solution that serves as an arrangement of the consumer dispute between the parties, and – if this proves ineffective – with making a decision to ensure a simple, quick, efficient and cost-effective enforcement of consumer rights. Upon the request of the consumer or the enterprise, the conciliation board advises on the rights and obligations of the consumer.

The proceedings of the conciliation board are started at the consumer’s request. The request must be submitted in writing to the chairperson of the conciliation board: the requirement of writtenness can be met through letters, telegrams, teleprinted matter or fax messages, as well as via any means that enables the permanent storage of the data addressed to the recipient for as long as the purpose of the data requires and the visualization of the stored data in an unchanged format, carrying the original content.

The request must specify

1. the name, permanent address or temporary residence of the consumer,
2. the name, registered seat or premises concerned by the consumer dispute,
3. if the consumer has requested for a conciliation board other than the competent one to have jurisdiction,
4. a short summary of the consumer’s position and the facts and their evidences supporting it,
5. the consumer’s declaration that he/she has attempted to settle the dispute directly with the enterprise concerned
6. the consumer’s declaration that he/she has not instigated the proceedings of another conciliation board, no mediation proceedings have been started, no application has been lodged, and no request for the issue of an order for payment has been presented,
7. the motion for the decision of the board,
8. the consumer’s signature.

The request must be accompanied by the document whose content the consumer offers as proof or a copy (excerpt) thereof, particularly the written statement of the enterprise rejecting the complaint, or – failing this – any other written evidence available to the consumer attesting to the required attempt to settle the dispute.

If the consumer acts by means of a proxy, the power of attorney must also be attached to the request.

For more information about conciliation boards, please visit: http://www.bekeltetes.hu

For more information about territorially competent conciliation boards, please visit:
https://bekeltetes.hu/index.php?id=testuletek

The contact details of the territorially competent conciliation boards are as follows:

Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
Fax: 06-72-507-152
E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu

Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone number: 06-76-501-500; 06-76-501-525, 06-76-501-523
Fax: 06-76-501-538
E-mail: bekeltetes@bacsbekeltetes.hu; mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu

Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66-324-976
Fax: 06-66-324-976
E-mail: eva.toth@bmkik.hu

Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number:06-46-501-091;06-46-501-870
Fax: 06-46-501-099
E-mail: bekeltetes@bokik.hu

Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. 3rd floor 310.
Phone number: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu

Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62-554-250/118
Fax: 06-62-426-149
E-mail: bekelteto.testulet@csmkik.hu

Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number:06-22-510-310
Fax: 06-22-510-312
E-mail: fmkik@fmkik.hu

Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217
Fax: 06-96-520-218
E-mail: bekeltetotestulet@gymskik.hu

Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52-500-710
Fax: 06-52-500-720
E-mail: korosi.vanda@hbkik.hu

Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Phone number: 06-36-429-612
Fax: 06-36-323-615
E-mail: hkik@hkik.hu

Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8. 3rd floor 305-306.
Phone number: 06-56-510-621, 06-20-373-2570
Fax: 06-56-510-628
E-mail: bekeltetotestulet@jnszmkik.hu

Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34-513-027
Fax: 06-34-316-259
E-mail: bekeltetes@kemkik.hu

Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32-520-860
Fax: 06-32-520-862
E-mail: nkik@nkik.hu

Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. 2nd floor 240.
Mailing address: 1364 Budapest, Pf.: 81
Phone number: 06-1-269-0703
Fax: 06-1-474-7921
E-mail: pmbekelteto@pmkik.hu

Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u.6.
Phone number: 06-82-501-026
Fax: 06-82-501-046
E-mail: skik@skik.hu

Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42-311-544
Fax: 06-42-311-750
E-mail: bekelteto@szabkam.hu

Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. 3rd floor
Phone number: 06-74-411-661
Fax: 06-74-411-456
E-mail: kamara@tmkik.hu

Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94-312-356
Fax: 06-94-316-936
E-mail: vmkik@vmkik.hu

Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1., ground floor, 116.
Phone number: 06-88-429-008
Fax: 06-88-412-150
E-mail: bekelteto@veszpremikamara.hu

Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Phone number: 06-92-550-513
Fax: 06-92-550-525
E-mail: zmbekelteto@zmkik.hu

Online platform for the settlement of disputes

The European Commission has set up a website to which consumers can sign up so they can settle their e-commerce-related disputes by completing a request form, thereby avoiding legal proceedings. Thus, consumers can enforce their rights without such obstacles as great distances preventing them from doing so.

If you wish to lodge a complaint in relation to a product or service purchased online, but does not insist on taking the case to court, you can avail yourself of the means of online settlement.

You and the dealer against which you lodged your complaint can select together the dispute settlement body you wish to task with managing the complaint.

The online dispute settlement platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

Copyright 

Act LXXVI of 1997 on copyright (hereinafter referred to as: Szjt.) Pursuant to paragraph (1) of section 1, the website is to be considered as copyright material, and all parts thereof is protected under copyright law.  Pursuant to paragraph (1) of section 16 of Szjt., unauthorized use of the graphic, software and computer programming solutions of the website, as well as the use of any application capable of modifying the website or any part thereof are forbidden. Any material from the website and its database may only be transposed with reference to the website and with the indication of the source, even if the copyright owner consents in writing to such transposition.  Copyright owner: Immunetec Proof Kft.

Partial invalidity, code of conduct 

If any point of the GTC is incomplete or invalid, all other clauses thereof remain in force, and in lieu of the void or incorrect part, the provisions of the applicable statutes shall apply.

The Seller does not have a code of conduct pursuant to the act on the prohibition of unfair commercial practices against the consumers.

Operation of digital data content, technical protective measures

The availability of the servers providing the data appearing on the website is over 99.9% on an annual basis. The entire data content is saved regularly, enabling the restoration of the original data content in case of malfunctions. The data appearing on the website are stored in MSSQL and MySQL databases. Sensitive data are stored using sufficiently powerful encoding aided by hardware support in processors.

Information about the important features of products

The descriptions provided serve to inform visitors of the important features of the products available on the website.

Correction of errors of data entry – Responsibility for the authenticity of the data provided

Before completing an order, you always have the opportunity to modify the data you entered (clicking your browser’s back button will take you to the previous page, enabling you to correct data already entered after you have proceeded to the next page). Please note that you are responsible for the correctness of the data you enter, since the invoicing and shipping of the product will take place on the basis of the data you provide. Please note that an erroneously entered email address or the exhaustion of the storage capacity of your mailbox may result in failure of the delivery of an order confirmation, and prevent the contract from being concluded.

Use of the website

Purchases are not subject to creating a user account.

Process of making purchases

The selection of the product

Navigating through the product categories on the website, you can select the product category and – therein – the the individual products. By clicking on the individual products you will find a photo, the article number and the description thereof. If you decide on your purchase, you will have to pay the price indicated on the website.

Adding products to shopping cart

After choosing your Product, you can add it to your shopping cart by clicking on “Add to shopping cart”. You can add unlimited number of products without creating an obligation of purchase or payment, because the addition of products to the shopping cart does not constitute an offer.

We recommend that you add the product to your shopping cart even if you are not completely sure that you wish to purchase it, because this gives you one-click access to checking and reviewing the products you have chosen at any moment, enabling you to display the products in a separate screen to review and compare them. The content of the shopping cart can be modified until the order is completed by clicking on the “Complete order” button. Such modification includes the removal of any products from the shopping cart, as well as the addition of any further products and changing the final number of products.

If you add the chosen product to the Shopping cart, a pop-up window will appear with the text “Product added to shopping cart”. If you do not wish to select any further products, please click on the “Proceed to checkout shopping cart” button. If you wish to review the chosen product, or add a new product to your shopping cart, please click on the “Back to product” button.

Reviewing the content of your Shopping cart

During the use of the website, you can always check the content of your shopping cart by clicking on the “Review my shopping cart” button. Here you have the option to remove the selected products and modify the quantity of each product. After you click on the “Update shopping cart” button, the system displays the information in accordance with your modifications, including the prices of the products added to your shopping cart.
If you do not wish to continue to select and add further products to your shopping cart, you can proceed to the next step of the purchase by clicking on the “Submit order” button.

Providing buyer information

After clicking on the “Submit order” button, the content of the shopping cart appears, along with the total you will need to pay in case you decide to purchase the chosen products.  In the “Shipping service” box, you will need to indicate if you wish to take personal delivery of the product on our premises or require transport and delivery. In case of transport and delivery, the system will indicate the fee charged for the transport and delivery service, which you will be obliged to pay in case of submitting your order.

In the “User data” textbox, you can enter your email address, while in the “Billing information” textbox you can provide your full name, address and phone number. In the “Shipping information” textbox, the system automatically stores the data provided in the “Billing information”. If you require the delivery to be made to a different address, please uncheck the box. In the “Comment” textbox you can provide additional information.

Reviewing the order

After completing the textboxes above, you can proceed with your order by clicking on the “Proceed to next step” button, or, by clicking on the “Cancel” button, you can cancel or modify the data you have entered so far, and return to the content of your Shopping cart. Clicking on the “Proceed to next step” button will take you to the “Review order” page. This pages shows you all the data you have entered previously, including the content of your Shopping cart, your billing and shipping information and the total amount you well have to pay (at this stage you no longer can modify the data, unless you click on the “Back” button).

Completing your order (making an offer)

When you have ascertained that the content of your shopping cart matches the products you wish to order, and that your data appear correctly, you can complete your order by clicking on the “Submit order” button. The information indicated on the website is not considered as an offer made by the Seller for the conclusion of the contract. In case of orders covered by these GTC it is you that shall be considered to be the offeror.

By clicking on the “Submit order” button, you expressly acknowledge that your offer is deemed to have been made, and – as long as the Seller confirms the offer in compliance with the present GTC – your declaration shall entail a payment obligation. Your offer shall remain binding for a period of 48 hours. If the Seller fails to confirm your offer within 48 hours in compliance with the terms of the contract, you will no longer be bound by your offer.

Order processing and conclusion of contract

You are free to submit your order at any time. The Seller shall confirm your offer on the first working day following the submission of your offer at the latest.  The contract is concluded, when the confirmation email sent by the Seller becomes accessible in your electronic mail system.

Modes of payment

Bank transfer

You can also pay the price of the products by bank transfer. The processing of the order takes place after the amount is received.

Cash-on-delivery

If you wish to pay the amount due for your order on delivery, choose the “Cash-on-delivery” mode of payment. The processing charge of cash-on-delivery is HUF 290.

Payment option by Simple bank card (OTP group)

Simple Online Payment System has been developed and is operated by OTP Mobil Kft. OTP Mobil Kft. is a member of OTP Group.

In case of online purchases, the consumers using its services can choose Simple’s simple and secure payment solution. If they do so, they can settle the payment as usual, on Simple’s platform.

The process of the payment is identical with that of similar services offered by banks. During the service, the provider continuously monitors Simple transactions to guarantee the security of the user, that is the card owner, helping to prevent unexpected events.

WHAT ARE THE STEPS OF A TRANSACTION?

1. By clicking on the “Payment” button, you are directed to Simple’s payment site, where you can start the transaction through entering your bank card details.
2. After providing your card details, please, verify the accuracy of the data.
3. The transaction starts to be processed in the banking processing systems.
4. You will receive an email notification about the result of the payment, and Simple’s system redirects you to the website of the web shop.

For more information, please visit: https://www.simple.hu/Fooldal

Data transfer declaration

 

Modes of taking delivery and delivery charges

Shipping is free of charge in case of purchases exceeding HUF 10,000

GLS courier service

The product is shipped and delivered by GLS courier service.

For more information, please visit: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok

The delivery charge in this case is HUF 990 gross.

GLS ParcelShop

In case of online purchases, delivery by door to door courier services is the most popular, but the percentage of taking deliveries personally otherwise is getting more and more popular year by year. Customers can take delivery of their merchandise conveniently, in a manner that suits their schedules at GLS ParcelShops, where they can pay by cash.

GLS ParcelShops are located at easily accessible locations, such as shopping malls, petrol stations, bookstores or other busy stores. Most of them have long opening hours, awaiting customers who wish to dispatch or take delivery of parcels even at weekends. GLS sends an email or text message notification to the addressee of the delivery of the product. The customer can collect the parcel at any time within 5 working days, during the opening hours of the particular GLS ParcelShop.

The delivery charge in this case is HUF 990 gross.

DPD courier service

The product may be shipped and delivered by DPD courier service.  For more information, please visit: https://www.dpd.com/hu_privatugyfelek

The delivery charge in this case is HUF 990 gross.

Performance deadline

The general deadline of performance for orders is 30 days from the confirmation of the order.

Reservation of rights, retention of title

If you have previously ordered a product, which you did not take delivery of (excluding the cases when you exercised your right of withdrawal), or the Product is returned to the seller with the “addressee did not collect product” label, the Seller shall make the fulfilment of the order subject to the prior payment of the product price and the delivery charges.

The seller may retain the Product until it ascertains that the price of the Product has been paid via the electronic payment solution (including the cases where the Buyer transfers the purchase price in the currency of his/her own country, and the Seller does not receive the full amount due for the product and the delivery, because of the conversion or bank commissions and charges). If the price of the Product is not fully paid, the Seller may call upon the Buyer to make up the rest of the purchase price.

Sales to foreign countries 

The Seller’s website does not make a distinction between buyers from Hungary and those from other member states of the European Union. Unless otherwise provided by the present GTC, the Seller provides the shipment and delivery services of the products ordered within Hungary.

The provisions of the present GTC shall also apply to purchases made from outside Hungary, with the caveat that based on the provisions of the relevant decree, within the meaning of this clause, consumer means a buyer who is a citizen of or has a residence in one of the member states, or a enterprise having a place of establishment in one of the member states, and purchases merchandise or services inside the European Union solely as an end user, or acts with such intention. A consumer means a natural person acting with a purpose outside of the scope of his/her commercial, industrial, manufacturing craft or professional activities.

The language of communication and shopping is the Hungarian language. The Seller shall not be obliged to communicate with the Customer in the language of the latter’s member state.

The Seller shall not be obliged to meet such non-contractual requirements set for the specific Product by the national law of the Customer’s member state as labelling or sector-specific requirements, and shall not be obliged to inform the Customer of those requirements.

Unless otherwise provided by the Seller, Hungarian VAT shall be applied to all Products.

Customers can take advantage of the possibilities of asserting their rights  in accordance with the present GTC.

In case of using an electronic payment solution, the payment shall take place in the currency determined by the Seller,

The seller may retain the Product until it ascertains that the price of the Product and the delivery charges have been fully paid via the electronic payment solution (including the cases where the Buyer transfers the purchase price and the delivery charge in the currency of his/her own country, and the Seller does not receive the full price of the product, because of the conversion or bank commissions and charges). If the price of the Product is not fully paid, the Seller may call upon the Buyer to make up the rest of the purchase price.

The Seller provides identical delivery options to customers from both inside and outside of Hungary.

If, pursuant to the GTC, the Customer can request for the Product to be delivered in Hungary or to any other European Union member state, any customer from a country other than Hungary may also request the same kind of delivery in the mode of shipment indicated in the GTC.

If, pursuant to the GTC, the Customer is free to choose to take delivery personally on the Seller’s premises, any customer from outside of Hungary may also do so.

Moreover, the Customer may request that he/she arrange for the transport of the Product abroad at his/her own cost. Hungarian customers are not entitled to take this option.

The Seller shall fulfill the order after the payment of the delivery charges. If the Customer does not pay the delivery charge to the Seller, or does not make its own transport arrangements by the previously agreed deadline, the Seller shall rescind the contract and refund the paid purchase price to the Customer.

Consumer information based on Government decree No. 45/2014. (II. 26.)

Contents

• Consumer information
  • Right of withdrawal
  • Warranties

Information about the consumer’s right of withdrawal

Pursuant to article 3 of paragraph 1 of section 8:1 of the Civil Code, consumer means a natural person acting in a capacity other than his/her profession, occupation or business. Consequently, no legal persons may exercise the right of withdrawal without giving any reasons!

Pursuant to Government decree 45/2014 (II. 26.), the consumer has the right of withdrawal without specifying the reasons therefor. The consumer may exercise his/her right of withdrawal

1. a) in case of a contract for the sale of products within 14 days of the receipt of
2. aa) the product,
3. ab) the product last delivered in case of the sale of more than one product, if the delivery of the individual products takes place at different times,

by the consumer or a third party, other than the shipper, designated by the consumer.

The provisions of this clause do not affect the consumer’s right of withdrawal, which the consumer shall also have recourse to between the conclusion of the contract and the date of the delivery of the product.

If it was the consumer who made an offer for the conclusion of the contract, the consumer shall be entitled to withdraw their offer, whereby the binding effect of the offer – which includes the conclusion of the contract – is removed.

Declaration of withdrawal, exercising the right of withdrawal or termination

The consumer may exercise his/her right provided by section 20 of Government Decree 45/2014 (II. 26.), via the submission of a clear statement relating thereto, or using the model declaration available for downloading on the website.

Validity of the consumer’s right of withdrawal

The right of withdrawal shall be considered enforced, if the consumer sends his/her declaration within the set time limit. The time limit is 14 days.

The consumer must prove that he/she exercised the right of withdrawal in compliance with this provision.

The Seller is obliged to confirm electronically receipt of the consumer’s declaration of withdrawal upon the receipt thereof.

The Seller’s obligations in case of the consumer’s withdrawal

The Seller’s refund obligations

If the consumer withdraws from the contract in accordance with section 22 of Government decree No. 45/2014 (II. 26.), the Seller shall refund the full amount paid by the consumer as consideration, including the costs arising from the performance, such as the delivery charges, within 14 days of the receipt of the notice of withdrawal. Please note that this provision does not apply to the additional cost incurred by selecting a mode of shipping other than the least costly, normal mode of shipping.

The Seller’s refund liability

In case of withdrawal or termination in accordance with section 22 of Government decree No. 45/2014. (II. 26.), the Seller shall refund the amount due to the consumer in the same mode as the consumer chose to make the payment. Based on the consumer’s explicit consent, the Seller may apply another mode of payment, on condition that no additional cost arising therefrom may be charged to the consumer. The Seller shall not be responsible for any delays arising from a bank account number or mailing address provided erroneously or inaccurately by the Consumer.

Incremental costs

If the consumer chooses a mode of shipping other than the least costly, normal mode of shipping, the Seller shall not be obliged to refund the incremental cost arising therefrom. In such cases, our refund liability shall be limited to the general shipping tariffs indicated.

Right of retention

The Seller may retain the amounts due to be paid back to the consumer, until the consumer has returned the product, or demonstrated beyond any doubt that they have sent the product back; whichever is the earlier of the two dates shall be taken into account. Please note that we cannot accept any deliveries sent on a cash-on-delivery basis or with postage to be paid by the addressee.

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 No. 45/2014 (II. 26.), he or she shall be obliged to send back or hand over the product to the Seller or the Seller’s proxy entitled to take receipt thereof immediately, or, at the latest, within 14 days of the notice of the withdrawal. The deadline shall be considered to have been met as long as the consumer sent the product back before the deadline.

Covering the costs directly related to the return of the product

The consumer shall bear the direct costs associated with the return of the product.  The product must be sent to the Seller’s address. If the consumer terminates the contract concluded away from business premises or between remote participants for the provision of a service, he/she shall be obliged to pay to the enterprise the consideration due for the service rendered until the notice of termination on a pro rata temporis basis. The consumer’s pro-rata payables in return for the service shall be calculated on the basis of the full amount of the consideration set out by the contract, including taxes. If the consumer proves that the amount thus determined is too high, the pro-rata payable must be calculated on the basis of the market value of the services rendered until the termination of the contract. Please note that we cannot take over any products sent back on a cash-on-delivery basis or with postage to be paid by the addressee.

The consumer’s responsibility for depreciation

The consumer is responsible for the depreciation arising from any use exceeding the use necessary for the determination of the product’s nature, characteristics and operation.

The right of withdrawal shall not be exercisable in the following cases

The Seller specifically points out that you cannot exercise the right of withdrawal in the cases described in paragraph (1) of  Section 29 of Government Decree 45/2014 (II.26.):

a) in case of service contracts, after the service has been performed in its entirety, if the enterprise commenced the performance with the express, prior consent of the consumer, and the consumer acknowledged the loss of its termination rights after the service has been performed in its entirety;

b) in case of products or services whose price or consideration depends on such possible fluctuation of financial markets, even during the term allocated for the exercise of the right of withdrawal, over which the enterprise has no control;

c) in case of such non-prefabricated products, which are manufactured upon the consumer’s instructions or express request, or products tailored beyond a reasonable doubt to the consumer’s needs;

d) in case of perishable or rapidly expiring products;

e) in case of such products in a hermetically sealed packaging, which cannot be returned after they have been unpacked for health or hygienic reasons;

f) in case of products that – by virtue of their nature – mix with other products indissociably;

g) In case of such alcoholic drinks, whose actual value depends on market fluctuations outside of the enterprise’s control, and whose price was determined by the parties when they were concluding the sales contract, if the performance of the contract takes place after the 30th day following the conclusion thereof;

h) in case of such work contracts, in which the enterprise approaches the consumer upon the consumer’s express request for urgent repair or maintenance work;

i) in case of sales/purchase of audio or video recording or computer software in a sealed packaging, if the consumer opened the product packaging;

j) in case of newspapers, magazines and periodicals, except for subscription contracts;

k) in case of contracts concluded within the framework of public bid;

l) in case of accommodation contracts, except for residential ones, car rental contracts and contracts related to catering or leisure activities, if the parties specified in the contract a performance closing day or deadline;

m) in case of digital data content carried on intangible data media, if the enterprise commenced the performance with the prior consent of the consumer, and the consumer – at the same time – also declared his/her acceptance of the loss of their right of withdrawal after the performance has been commenced.

Warranty for material defects, product warranty, guarantee

The present article of the consumer information document is based on the entitlement by paragraph (3) of section of Government decree No. 45/2014 (II.26.), and was prepared with the application of annex 3 of  Government decree No. 45/2014 (II.26.)

Warranty for material defects

In what cases can you exercise your right associated with the warranty for material defects?

In case of the Seller’s defective performance, you may enforce a claim warranty for material defects against the Seller, in accordance with the Civil Code.

What rights do you have on the basis of your claim for warranty for material defects?

Of your own choice, you may make the following claims:

You may ask for repairs or replacement, unless the option you choose out of these is impossible, or it would incur disproportionate incremental cost for the Seller, compared to the fulfillment of a different claim. If you did not or could not request repairs or replacement, you may claim a proportionate discount of the consideration, or make or arrange for the repair of the defect yourself, at the Seller’s cost, or – as a last resort – you can withdraw from the contract.

You may also switch from one right to another, with the caveat that you shall bear the cost thereof, unless the move was justifiable or the Seller gave reason therefor.

Within what deadline can you enforce your claim for warranty for material defects?

You are obliged to inform the Seller of the defect immediately, but – at the latest – within two months of the discovery thereof. At the same time, please note that after the expiry of a two-year’ limitation period, starting from the performance of the contract, you will no longer be able to enforce your right to associated with the warranty for material defects.
If the subject of the contract concluded between the consumer and the enterprise is a second-hand product, the parties may also agree on a shorter limitation period; even in this case, no limitation period shorter than one year may be set validly.

Against whom can you make a claim related to the warranty for material defects?

You can you make a claim related to the warranty for material defects against the Seller.

What else is the enforcement of your rights related to the warranty for material defects conditional on?

Within six months of the performance, apart from the communication of the defect, there are no additional preconditions to the enforcement of your rights related to the warranty for material defects, as long as you prove that the product or service was supplied by the Seller. However, six months after the performance, you will be obliged to prove that the defect you discovered had already been present at the time of the performance.

In case of second-hand products, warranty and guarantee rights differ from the general rules by default. Defective performance also exists in the case of second-hand products, but the circumstances under which the Buyer was supposed to expect certain malfunctions or defects must be taken into consideration. In the course of ageing certain types of defects appear more and more frequently, and in consequence of these defects, it is impossible to presume that a second-hand product has the same quality as a newly purchased one. It follows from this that the Buyer may only enforce his/her warranty rights only in case of defects that are in excess of the ones arising from the fact that it is a second-hand product, and which appear independently from the latter types of defects. If the second-hand product is defective, and the Buyer, qualifying as a Consumer, received information thereof at the time of the purchase, the Provider does not have any liability for the known defect.

Product warranty

In what cases can you exercise your right associated with product warranty?

In case of a defect of movable items (products), you may enforce a claim related to the warranty for material defects or a product warranty claim, of your choice.

What rights do you have on the basis of your product warranty claim?

Your product warranty claim may only consist in your request for the repairs or replacement of the defective product.

In what cases is the product considered defective?

The product is defective if it does not meet the quality requirements in effect at the time of the release of the product, or does not have the characteristics specified in the description provided by the manufacturer.

Within what deadline can you enforce your product warranty claim?

You may enforce your product warranty claim within two years of the release of the product by the manufacturer. You shall lose this right after this deadline.

Against whom and on what other conditions can you make a defect-related warranty claim?

You may enforce your product warranty claim only against the manufacturer or the distributor of the movable item. In case of the enforcement of a product warranty claim, you shall have to prove the defect of the product.

In what cases is the manufacturer (distributor) exempt from its product warranty obligations?

The manufacturer (distributor) is exempt from its product warranty obligations, if they can prove that:

• they manufactured or distributed the product outside of the scope of their business activity or
• based on the current scientific and technical knowledge, the defect could not be discovered at the time of the product’s release or
• the defect of the product arises from the application of a statute or mandatory specification imposed by an authority.

The manufacturer (distributor) has to prove only one of the above for exemption.

Please note that you may not enforce a claim related to the warranty for material defects and a product warranty claim concurrently. In case of successful enforcement of your product warranty claim, you may still enforce your claim related to the warranty for material defects in relation to the product replaced or the part repaired against the manufacturer.

Guarantee

In what cases can you exercise your guarantee right?

In case of defective performance, the Seller is obliged to provide a guarantee, pursuant to Government decree No. 151/2003 (IX. 22.) on guarantees in the sale of durable consumer goods.

A guarantee obligation is provided for by law for durable consumer goods, such as consumer electronics, tools and machines, whose purchase price exceeds HUF 10,000, as well as for parts thereof.

What rights are you entitled to and within what time limit?

Government decree No. 151/2003 (IX.22.) on guarantees in the  sale of durable  consumer goods determines the cases of mandatory guarantee. For Products outside of this scope of cases, the Seller does not provide a guarantee. A guarantee claim may be enforced within the guarantee period. If the guarantee obligor does not meet its obligation upon the call of the obligee within the proper time period, the guarantee claim remains enforceable for three months after the deadline set in the call, even if the guarantee period has already expired. Missing this deadline entails forfeiture. To the enforcement of a guarantee claim the rules of exercising the rights related to the warranty of material defects shall apply mutatis mutandis. The guarantee period is one year. Missing this deadline entails forfeiture. The guarantee period starts with the delivery of the product to the consumer, or – if the installation is provided by the enterprise or its agent – on the day of its start-up. Please contact the manufacturer in case of guarantee claims out of the one-year coverage.

What is the relationship between the guarantee and other warranty rights?

Guarantee is an addition to warranty rights (product warranty and warranty for material defects). The basic difference between general warranty rights and guarantee is that in the case of guarantee, the consumer’s burden of proof is much more favourable.

Pursuant to Government decree 151/2003, consumer goods, covered by a mandatory guarantee, which have a fixed connection, are heavier than 10 kg or cannot be carried on public transport as hand luggage – except for vehicles – must be repaired at their operating site. If the repairs cannot be performed at the place of the operation, the enterprise or – in case of repair claims received directly by the repair service – the repair service shall be in charge of dismantling and re-installing the product, as well as the transportation from and back to the premises.

The seller’s commitment during the period of the mandatory guarantee cannot include such conditions for the consumer that are more disadvantageous than the rights provided by the rules of the mandatory guarantee. After this period (1 year), the conditions of voluntary guarantee may be freely determined, but – even in that case – the guarantee may not affect the consumer’s rights arising from the law, including the consumer’s rights based on warranty for material defects.

Claim for replacement within three working days

The entitlement to replacement within three working days also applies to sales via webshops. A claim for replacement within three working days may be enforced in case of durable goods covered by Government decree 151/2003. (IX.22.), which provides that if a customer enforces his or her right to replacement within 3 working days, the seller must construe that as meaning that the product was already defective at the time of the sale, and must replace the product without further ado.

In what cases does the Seller enjoy exemption from its guarantee obligation?

The Seller shall only be exempt from its guarantee obligation, if it can prove that the cause of the defect came into existence after the performance.

Please note that you may not enforce a claim related to the warranty for material defects and a product warranty claim concurrently in relation to the same defect. Nevertheless, you have the guarantee rights regardless of your warranty rights.

Effective General Terms and Conditions (PDF)