Terms and Conditions
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Operator of the webshop
The webshop available at the internet address https://www.pothaj-apolas.hu is operated byCri-Style Kft.
Company registration number: 01-09-881065
Tax number: 13943215-2-43
Head office: 1215 Budapest, Ív utca 32.
Location: 1214 Budapest, Erdősor utca 32.
Place of business: Hungary
Telephone: +3630 9145937
E-mail address: info@pothaj-apolas.hu, cristyle.hair.webshop@gmail.com
(hereinafter referred to as: Service Provider).
Service Provider bank account details:
Accounting institution: CIB BankFinancial transaction code: 10700608-44816801-51100005
IBAN: HU65 10700608-44816801-51100005
SWIFT code: CIBHHUHB
Customer service
Users can contact the Service Provider's customer service at the following contact details:2.1 By phone
Phone number: 06309145937 – the call is not charged!
Available on working days: 9-17h
On public holidays: 9-12h
2.2. By email
Email address: cristyle.hair.webshop@gmail.com
Message: messaging option available under the “Contact” menu item of the website.
The Service Provider will respond to emails received in this way within 2 business days of receipt.
Hungarian law clause
3.1 The service of the Service Provider operating the website available at the above-specified internet address (hereinafter: website) is directed to Hungary. The provision of the service, the Service Provider and the Users shall be subject to Hungarian and European law within the framework of this contract, with particular regard to- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (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 amending Regulations (EC) No 2006/2004 and (EU) No 2017/2394 and Directive 2009/22/EC,
- Act V of 2013 on the Civil Code (hereinafter referred to as the Civil Code),
- Act CLXIV of 2005 on trade,
- Act CLV of 1997 on consumer protection Act,
- Government Decree 45/2014. (II. 26.) on the detailed rules for contracts between consumers and businesses,
- Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society,
- Act XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activity,
- Decree 19/2014. (IV. 29.) of the Ministry of the Interior on the procedural rules for handling warranty and guarantee claims for things sold under a contract between a consumer and a business,
- Government Decree 373/2021 on the detailed rules for contracts between consumers and businesses for the sale of goods and the provision of digital content and digital services. (VI. 30.) Government Decree
3.2 The dates and time intervals mentioned in these general terms and conditions of use (hereinafter referred to as: terms and conditions or GTC) shall be understood according to Central European Time (CET/UTC+1).
3.3 The working days, holidays and public holidays mentioned in these terms and conditions shall be understood as working days, holidays and public holidays according to Hungarian law.
Scope and subjects of the general terms and conditions of use
4.1 These terms and conditions apply to the services available on the website, the use of the website, and the sale and purchase of products that can be ordered in the web shop operating on the website.
4.2 Parties to the contract:
4.2.1 The Service Provider identified above, as the operator of the website and the seller of the products and service provider.
4.2.2 User, as a buyer ordering products from the web store, as well as a person visiting the website's web pages. Any legally capable natural or legal person, or an economic organization without legal personality, including foreign legal entities, may be a user, provided that they accept the terms and conditions set out herein and recognize them as binding on them. The contract to be concluded within the framework of these terms and conditions may be concluded by an incapacitated person or a person with limited legal capacity in accordance with the provisions of the Civil Code.
4.3 The terms and conditions shall be effective from the time of their placement on the website and shall be valid for an indefinite period.
General information regarding contracts concluded electronically between distant parties
5.1 The User may obtain information about the essential features of the products and services that can be ordered in the web store on the pages of the website describing the features of the products and services before placing the order.5.2 The language of the contract is Hungarian.
5.3 Orders placed on the website are considered a legal statement made in the form of a referral.
5.4 The Service Provider is obliged to confirm the receipt of the order electronically without delay. If the confirmation does not reach the User within 48 hours, the User is exempt from the offer.
5.5 The concluded contract does not qualify as a written contract, it is registered by the Service Provider, and the
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will not be available in writing later.
5.6 The Service Provider has not submitted itself to a code of conduct, so it is not available to it.
5.7 Before sending the order, the User will receive information about the current shipping fees and possible shipping restrictions, as well as the possible payment methods during the order steps.
5.8 The User will receive the terms and conditions and the documents required for legal information as a document attached to the confirmation of his order by e-mail, with current content upon receipt of his order. In addition, the terms and conditions and information can be downloaded and/or printed by the User from the website in a saveable format and are always available in their current state on the website.
Registration
6.1 Registration is free of charge.
6.2 The User can register by clicking on the “registration” button on the website, then filling out the data form that appears, accepting these terms and conditions and checking the data management statement, and finally clicking on the “registration” button.
6.3 For a valid registration, the User must provide real data and contact information. If it is determined that the registration was made with false data, the Service Provider is entitled to delete it. In the latter case, the Service Provider is not liable for any consequences.
6.4 The Service Provider may also delete a valid registration without being liable for the consequences if the deleted User has used the website in bad faith or otherwise violated these terms and conditions.
6.5 The cancellation of the registration by the Service Provider for the above reasons does not affect orders already completed by both Parties. In the event of cancellation for the same reason, if the Service Provider has not yet started the performance, it may unilaterally decide whether to perform it, provided that the reason for the cancellation does not prevent this. If the order is not fulfilled for the above reasons and the User has already paid, the Service Provider shall refund the amount paid by the User. If the User’s conduct causing the cancellation caused damage to the Service Provider, the latter shall be entitled to withhold the amount of the damage from the refund amount.
6.6 The User may initiate the cancellation of his/her registration at any time by sending an e-mail message to the Service Provider, which the Service Provider shall implement without delay, immediately – but no later than within 10 calendar days.
6.7 The cancellation of the registration may be necessitated by the User’s request for the deletion of his/her personal data – processed for the purpose of registration – or for the prohibition of its use for such purposes. The User can read more about these in the data processing information.
6.8 Cancellation of the registration upon the User’s request as above does not affect the fulfillment of previously valid orders placed by him/her.
Determination of the purchase price
7.1 The User can find out about the current prices of products and services on the pages of the web store presenting the features of products and services.
7.2 The purchase prices indicated for products and services are gross consumer prices, i.e. the total amount of the purchase price to be paid plus tax is shown for each product.
7.3 The purchase price is always in the currency indicated when the price is indicated.
7.4 The prices do not include shipping costs.
7.5 The Service Provider does not charge packaging costs.
7.6 The order confirmation always includes the actual gross consumer price to be paid and any other costs in their full, payable amount.
7.7 The Service Provider reserves the right to change the prices of products and services displayed on the webshop's websites. The price change does not affect the prices of products and services already ordered.
7.8 If an incorrect price is listed in the webshop or in the order feedback - especially with regard to an obviously incorrect price - the Service Provider is not obliged to sell the product or service at the incorrect price. After an order has been placed at an incorrect price, the Service Provider offers the User the sale of the product or service at the real price. If the User does not accept this, he or she is entitled to cancel the order.
Method and steps of placing an order, formation of the contract
8.1 Selecting the product
8.1.1 The User can learn about the essential features of the products on the webshop's product data pages.
8.1.2 The User can place the product in a virtual cart by clicking on the "add to cart" button on the product data sheet of the product he or she wishes to order.
8.1.3 If the User wishes to order more than one product, he/she may place more than one product in the cart by following the above procedure.
8.1.4 If any questions arise regarding the product before ordering, the Service Provider’s customer service is readily available to the User (contact details: above under the heading “Customer Service”).
8.2 Placing and confirming the order, conclusion of the contract
8.2.1 The user can place his order online, in the webshop, as follows.
8.2.2 Registration is not a prerequisite for placing an order.
8.2.3 After selecting the products and placing them in the cart, the user can view the contents of the cart by clicking on the “Cart” button in the header. The number of products to be ordered and their total purchase price are also shown next to the icon.
8.2.4 On the page showing the contents of the cart, the user has the option to modify the number of selected products by changing the number to the desired number, or by clicking on the icon depicting the “X” character, he can remove the given product from the cart.
8.2.5 After that, after clicking on the “Continue” button, it is necessary to select the delivery and payment method.
8.2.6 By clicking on the button labeled “Continue”, you must enter your name, email address, telephone number, and billing address.
8.2.7 Tools provided for identifying and correcting data entry errors before sending the contractual declaration:
8.2.7.1 When entering incomplete or obviously incorrect data, a warning message will appear during the ordering process.
8.2.7.2 The registered User may modify his/her personal data regarding the order during the ordering process. After entering the website, he/she has the opportunity to modify his/her registration data on the page of his/her personal profile that appears by clicking on the icon depicting a schematic human figure.
8.2.7.3 The contents of the basket, order data, and parameters can be checked, changed, or even deleted at any time until the order is sent, by going back on the pages that appear as above during the ordering process and modifying and re-entering the data as described in the previous sections of this chapter of the GTC. You can go back by clicking on the browser's back button or by clicking on the order phases named in the flowchart at the top of the web store's pages showing the order steps.
8.2.8 After checking the above order data and correcting any data entry errors, the User can place his/her order by checking the declaration regarding acceptance of these GTC and clicking on the button labeled "Send order".
8.2.9 After receiving the order, the Service Provider will immediately confirm it to the User by automatic e-mail to the e-mail address provided by the User during the online order. The confirmation will include the total amount to be paid by the User or paid in the case of online payment. If this confirmation is not received by the User within 48 hours of sending the User's order, the User will be released from the offer. The confirmation shall be deemed to have been received by the User when it becomes available to him/her (i.e. upon receipt in his/her e-mail account). The confirmation of the order here does not yet constitute a contract for the purchase of the product, this confirmation does not yet constitute acceptance of the order by the Service Provider.
8.2.10 Orders are processed every working day at the time published on the website according to Central European Time. If the order arrives at the Service Provider outside the above time interval, it shall be considered to have arrived at the Service Provider at the beginning of the first processing period following receipt – in the case of advance payment, at the beginning of the first processing period following the date of receipt of the amount to be paid to the Service Provider’s bank account – and shall be processed within 24 hours from that date.
8.2.11 After the start of processing the order, the Service Provider – if the order is accepted – shall inform the User by e-mail about the acceptance of the order. The contract for the purchase of the product shall be concluded upon the receipt of the e-mail message from the Service Provider to this effect by the User.
8.2.12 The Service Provider draws the User's attention to checking the content of the confirmation of receipt of the order and the confirmation of acceptance of the order. If the content of either confirmation differs from the content of the order, and the ordering User does not object to the discrepancy within 24 hours of receiving the confirmation, or if the payment is made after receiving the confirmation, the content of the confirmation shall govern the contract. After notifying the Service Provider of the confirmation with different content, the Service Provider shall examine the indication and, if justified, correct the order.
8.3. The cancellation of the registration at the request of the User following the User's order shall not affect the fulfillment of previously valid orders placed by him.
8.4 If the User requests the deletion of his data necessary for the fulfillment of the order, or objects to its use for such purposes, in that case the Service Provider shall declare the order of the intention to withdraw from the order.
Subsequent correction of the order
9.1 If the User wishes to change an order that has already been placed, or has provided incorrect data, he must notify the customer service contact details as soon as possible. It is important to do this immediately so that the Service Provider can correct the order before the start of the performance.
9.2 In the event of correction of the order, the Service Provider will send a new confirmation of the order with the modified content, according to which the contract for the purchase will be created in accordance with the modification, or - in the case of a previously accepted incorrect order - the contract for the purchase will be modified.
Payment terms
10.1 Possible payment methods:
10.1.1 Prepayment by bank transfer:
The User can select this payment method during the process of sending the order. The data necessary for completing the transfer will be included in the e-mail confirming receipt of the order.
This payment method can be used regardless of the chosen delivery method.
10.1.2 Online bank card prepayment:
Prepayment with the online payment service provider selected by the User during the order submission process.
10.1.2.1 Simple Bank Card Payment (OTP Group)
The Simple Online Payment System is developed and operated by OTP Mobil Kft. OTP Mobil Kft. is a member of the OTP Group.
Customers using the service can choose Simple's simple and secure payment solution for online purchases. Then they can make their payment in the usual way, on the Simple interface.
The payment process is the same as the payment procedure offered by banks within the framework of similar services. During the service, Simple continuously monitors transactions, keeping the user, and therefore the cardholder, in mind, and helps prevent unexpected events. https://www.simple.hu/Fooldal
Declaration
I acknowledge that the following personal data stored by the data controller in the user database of the pothaj-apolas.hu web store will be transferred to OTP Mobil Kft., as the data processor. The scope of the data transmitted by the data controller is as follows: Name, address, delivery address, e-mail address.
The nature and purpose of the data processing activity carried out by the data processor can be viewed in the SimplePay Data Processing Information, at the following link: https://simplepay.hu/adatkezelesi-tajekoztatok
10.1.2.2 SHOPTETPAY payment gateway
The online bank card payment service is provided by SHOPTETPAY ( https://www.shoptetpay.com/hu/ )
. When using the service, the User can pay with a bank card.
When paying with a bank card, the User provides the bank card details used for payment directly and exclusively to the above service provider, as they will be redirected to their website during the payment process. The service provider providing online bank card payments does not share the bank card details with the Service Provider.
Additional terms and conditions of online payment are set out in the payment service provider’s terms and conditions, which the User can review prior to payment on the payment service provider’s interface, to which they will be redirected during the order process.
This payment method can be used regardless of the chosen delivery method.
10.1.3 Prepayment with online payment service:
Prepayment with the online payment service selected by the User during the order submission process.
10.1.3.2 Online payment service with Simple Bank Card Payment (OTP Group)
The online payment service is provided by SimplaPay. https://www.simple.hu/ When using the service, the User can pay with a bank card or from an account held with the payment service provider.
During online payment, the User provides the payment data and bank card data directly and exclusively to the above service provider, as the payment will be redirected to its website during the payment process. The online payment service provider does not share the data with the Service Provider.
Additional terms and conditions of online payment are provided by the payment service provider's terms and conditions, which the User can familiarize himself with prior to payment on the payment service provider's interface, to which he will be redirected during the order process.
This payment method can be used regardless of the chosen delivery method.
10.1.3.2 online payment service on SHOPTETPAY.
The online payment service is provided by SHOPTETPAY.https://www.shoptetpay.com/hu/ When using the service, the User can pay with a bank card or from an account held with the payment service provider.
During online payment, the User provides the payment data and bank card data directly and exclusively to the above service provider, as the payment process will redirect you to its website. The online payment service provider does not share the data with the Service Provider.
Additional terms and conditions for online payment
The payment terms and conditions of the payment service provider are set out in the payment service provider's terms and conditions, which the User can view before payment on the payment service provider's interface, to which he/she will be redirected during the ordering process.
This payment method can be used regardless of the chosen delivery method.
10.1.4 Cash on delivery:
During the process of sending the order, the User selects the cash on delivery method in the case of delivery. The User can pay with cash or bank card at the time of delivery to the courier service employee.
Further terms and conditions of payment at the courier service are set out in the terms and conditions of
- GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. 957120653), and
- Foxpost Zrt., and
- Magyar Posta Zrt., which the User can familiarize himself with on the company's online interface (also detailed below).
10.1.5 In the case of cash on delivery at the collection point:
During the process of sending the order, payment is made by delivery or cash on delivery to the GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. or Magyar Posta Zrt. collection point selected by the User.
Upon delivery, the User can pay at the collection point in cash or with a bank card, depending on the selected store.
Further terms and conditions of payment at the collection point are set out in the terms and conditions of the company providing the collection point, which the User can familiarize himself with on the online interface of the company indicated above.
10.1.6 Cash on delivery in case of parcel machine:
Payment by delivery or cash on delivery to the parcel machine selected by the User during the order submission process.
The User can pay by bank card at the parcel machine upon delivery.
Further terms and conditions of payment at the parcel machine are set out in the contractual terms and conditions of GLS General Logistics Systems Hungary Csomag-Logisztikai Kft., Foxpost Zrt. or Magyar Posta Zrt., which the User can familiarise himself with on the online interface of the company.
10.2 If the Service Provider is unable to fulfil the already paid order for reasons arising within its own sphere of interest, it will refund the full amount paid by the User in connection with the order within 14 days of the obstacle arising.
Delivery time and delivery conditions
11.1 Delivery and delivery time
11.1.1 The Service Provider shall deliver the ordered product to the delivery address provided by the User during the order within the deadline specified in the order acceptance confirmation.
11.1.2 The ordered product shall be handed over to the carrier within 2 working days following the date of receipt of the order, who shall then deliver it within the deadline specified below.
11.1.3 If the Service Provider is unable to fulfil the order within the deadline specified above, it shall notify the User of the impediment to fulfilment immediately after it arises.
11.2 Carrier:
GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.
Company registration number: 13 09 111755
Tax number: 12369410-2-44
Head office: 2351 Alsónémedi GLS Európa u. 2.
Location: H-2351 Alsónémedi GLS Európa u. 2.
Place of business: Alsónémedi, GLS Európa utca 2.
Telephone: (+36 29) 886 700
E-mail address: info@gls-hungary.com
Foxpost Zrt.
Company registration number: 10-10-020309 (registered by the Commercial Court of Eger)
Tax number: 25034644-2-10.
Headquarters: 3300 Eger, Maklár út 119.
Mailing address (also branch office): 1097 Budapest, Könyves Kálmán körút 12-14.
www.foxpost.hu
Electronic contact of the Service Provider: info@foxpost.hu
Telephone contact of the Service Provider: +36-1-999-0369
Customer service address: 1097 Budapest, Könyves Kálmán körút 12-14. 3rd floor.
Customer service phone number: +36-1-999-0369
3. Magyar Posta Zrt.
Company registration number: 01 10 042463
Tax number: 10901232244
Head office: 1138 Budapest, Dunavirág u.2-6., Postal address: Budapest 1540
Location: Budapest X. district. Üllői út 114-116.
Place of business: Hungary
Phone: +36-1-767-8200
Web address: http://www.posta.hu
E-mail: ugyfelszolgalat@posta.hu
Carrier 1., 2.. 3. delivery time from dispatch in working days, e.g. within “3” working days, delivers the ordered product to the User. Further information regarding the delivery is contained in the document “General Terms and Conditions” available on the Carrier’s website.
11.3. Delivery person to the collection point:
GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.
Company registration number: 13 09 111755
Tax number: 12369410-2-44
Registered office: 2351 Alsónémedi GLS Európa u. 2.
Location: H-2351 Alsónémedi GLS Európa u. 2.
Place of business: Alsónémedi, GLS Európa utca 2.
Telephone: (+36 29) 886 700
E-mail address: info@gls-hungary.com
(hereinafter referred to as: Carrier 1).
The carrier will deliver the ordered product to the collection point selected by the User within 3 working days of dispatch. The delivery-related further information is contained in the document “General Terms and Conditions” available on the Carrier’s 1st website.
2. Foxpost Zrt.
Company registration number: 10-10-020309 (registered by the Commercial Court of Eger)
Tax number: 25034644-2-10.
Registered office: 3300 Eger, Maklári út 119.
Mailing address (also branch office): 1097 Budapest, Könyves Kálmán körút 12-14.
www.foxpost.hu
Electronic contact of the Service Provider: info@foxpost.hu
Telephone contact of the Service Provider: +36-1-999-0369
Customer service address: 1097 Budapest, Könyves Kálmán körút 12-14. 3rd floor.
Customer service phone number: +36-1-999-0369
(hereinafter referred to as: Carrier 2.).
Carrier 2. delivers the ordered product to the collection point selected by the User within 3 working days of dispatch. Further information on delivery is contained in the “General Terms and Conditions” document available on the website of Carrier 1.
3. Magyar Posta Zrt.
Company registration number: 01 10 042463
Tax number: 10901232244
Registered office: 1138 Budapest, Dunavirág u.2-6., Postal address: Budapest 1540
Location: Budapest X. district. Üllői út 114-116.
Place of business: Hungary
Telephone: +36-1-767-8200
Website: http://www.posta.hu
Email: ugyfelszolgalat@posta.hu
(hereinafter referred to as: Carrier 3.).
Carrier 3. delivers the ordered product to the collection point selected by the User within 3 working days of dispatch. Further information on delivery is contained in the “General Terms and Conditions” document available on Carrier 1.’s website.
11.4 Parcel machine delivery person:
GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.
Company registration number: 13 09 111755
Tax number: 12369410-2-44
Registered office: 2351 Alsónémedi GLS Európa u. 2.
Location: H-2351 Alsónémedi GLS Európa u. 2.
Place of business: Alsónémedi, GLS Európa utca 2.
Telephone: (+36 29) 886 700
E-mail address: info@gls-hungary.com
business company (hereinafter referred to as: Carrier 1.).
Carrier 1. delivers the ordered product to the selected parcel terminal within 3 working days of dispatch. Further information on delivery is contained in the “General Terms and Conditions” document available on the Carrier’s website.
Foxpost Zrt.
Company registration number: 10-10-020309 (registered by the Commercial Court of Eger)
Tax number: 25034644-2-10.
Registered office: 3300 Eger, Maklári út 119.
Mailing address (also branch office): 1097 Budapest, Könyves Kálmán körút 12-14.
www.foxpost.hu
Electronic contact of the Service Provider: info@foxpost.hu
Telephone contact of the Service Provider: +36-1-999-0369
Customer service address: 1097 Budapest, Könyves Kálmán körút 12-14. 3rd floor.
Customer service phone number: +36-1-999-0369 (hereinafter referred to as: Carrier 2).
Carrier 2 delivers the ordered product to the selected parcel terminal within 3 working days of dispatch. Further information about delivery is contained in the “General Terms and Conditions” document available on the Carrier’s website.
3. Magyar Posta Zrt.
Company registration number: 01 10 042463
Tax number: 10901232244
Head office: 1138 Budapest, Dunavirág u.2-6., Postal address: Budapest 1540
Location: Budapest X. district. Üllői út 114-116.
Place of business: Hungary
Telephone: +36-1-767-8200
Web address: http://www.posta.hu
E-mail: ugyfelszolgalat@posta.hu
(hereinafter referred to as: Carrier 3.).
Carrier 3. will deliver the ordered product to the selected parcel terminal within 3 working days of dispatch. Further information regarding delivery is contained in the “General Terms and Conditions” document available on the Carrier’s website.
11.5 Shipping fee
The User can find out the gross amount of the shipping fee to be paid by the User during the process of sending the order.
11.6 Receipt of the product
11.6.1 If the User does not receive the product ordered by him/her at the time of delivery without reason - including when the User is not available despite multiple attempts by the Carrier to deliver, thus the delivery fails, or if the delivery method is selected at a collection point or parcel machine, the ordered product is not received at the selected collection point or parcel machine within the time provided for receipt - the Service Provider is entitled to sell the ordered goods to a third party. In this case, if the product is returned to the Service Provider and the User has paid the purchase price of the ordered product in advance, the Service Provider will refund the purchase price - after deducting the transaction costs. The shipping fee is not included in the purchase price, in such a case – which does not qualify as exercising the right of withdrawal – it will not be refunded.
11.6.2 The User shall check the quantity, integrity and presence of the necessary documents (invoice) of the ordered product(s) at the place and time of delivery, upon receipt, and shall report any damage, shortage or other discrepancy to the Carrier at that time. If the User experiences any damage or discrepancy upon delivery, the on the delivered product, the Carrier is obliged to hand over the goods item by item at the User's request and to record this and any discrepancies or damages experienced on the product on site. The Carrier is primarily responsible for any damage to the product during transport, but the Service Provider bears the risk related to this until the time the product is handed over to the User. However, the User's failure to carry out the inspection upon receipt does not affect the User's warranty rights or the User's right of withdrawal without justification, which can be exercised in the same way in this case
Defective performance, warranty, guarantee, right of withdrawal/termination
Regarding hair extensions, the Seller informs the Buyer that the mandatory warranty pursuant to Government Decree 151/2003. (IX.22.) does not apply to hair extensions purchased on the Website. The warranty return conditions for hair extensions can be read on the Hair Extensions return and refund page.
12.1 Defective performance
12.1.1 The Service Provider performs defectively if the product or service does not meet the quality requirements established in the contract or by law at the time of performance.
12.1.2 The Service Provider does not perform defectively if the User knew about the defect at the time of conclusion of the contract or should have known about the defect at the time of conclusion of the contract.
12.1.3 In the case of a purchase by a User who is a consumer, it must be presumed that the defect recognized by the User 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. In practice, this means that in the event of a defect recognized within six months, the burden of proof lies with the Service Provider.
12.2 Warranty
12.2.1 In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the provisions of the Civil Code.
12.2.2 The User may – at his/her choice – make the following warranty claims: request repair or replacement, unless the fulfillment of the claim chosen by the User from these is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of his/her other claim. If the repair or replacement was not requested or could not be requested, the User may request a proportionate reduction in the consideration or the User may repair the defect at the Service Provider’s expense or have it repaired by someone else, or may withdraw from the contract.
12.2.3 In the case of a contract between a User who is a consumer and a Service Provider for the sale and purchase of goods that are considered movable property, the provision of digital content or the provision of digital services, the User may not repair the defect himself at the expense of the Service Provider, or have it repaired by someone else, within the framework of exercising his warranty rights.
12.2.4 He may also switch from his chosen warranty right to another, but the cost of the switch shall be borne by the User, unless it was justified or the Service Provider gave reason for it.
12.2.5 The User who is a consumer is obliged to notify the defect immediately after its discovery, but no later than within two months of the discovery of the defect. (In the case of a contract between a consumer and a business, a defect communicated within two months of discovering the defect shall be deemed to have been communicated without delay. The entitled party shall be liable for any damage resulting from the delay in communication.) At the same time, the Service Provider draws the User’s attention to the fact that he/she may no longer enforce his/her warranty rights beyond the two-year limitation period from the performance of the contract. In the case of a used item, this period is one year.
12.2.6 In the case of a purchase by a User who is a consumer, there is no other condition for asserting a warranty claim within six months from the performance, other than the communication of the defect, if the User proves that the product or service was provided by the Service Provider. However, after six months from the performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.
12.3 Product Warranty
12.3.1 In the event of a defect in a movable item (product), the User, who is a consumer, may – at his/her choice – enforce the above-mentioned right to a warranty for materials or a product warranty claim.
12.3.2 As a product warranty claim, the User may only request the repair or replacement of the defective product.
12.3.3 The product is defective if it does not meet the quality requirements in force at the time of its release to the market, or if it does not have the properties specified in the description given by the manufacturer.
12.3.4 The User may enforce his/her product warranty claim within two years from the date of release of the product by the manufacturer. After this deadline, he/she loses this right. The User is obliged to notify the manufacturer of the defect without delay after discovering the defect. From the moment of discovery of the defect
A defect reported within two months of the date of delivery shall be deemed to have been reported without delay. The User shall be liable for any damage resulting from the delay in reporting.
12.3.5 The User may only assert a product warranty claim against the manufacturer or distributor of the movable property. In the event of a product warranty claim, the User must prove the defect of the product.
12.3.6 The manufacturer or the Service Provider shall only be exempt from its product warranty obligation if it can prove that:
- the product was not manufactured or placed on the market as part of its business activities, or
- the defect was not recognizable at the time of placing on the market according to the state of science and technology, or
- the defect of the product results from the application of a law or a mandatory official regulation.
The manufacturer or the Service Provider shall be liable for any reason for exemption.
12.3.7 The user may not assert a warranty claim and a product warranty claim simultaneously and in parallel due to the same defect. However, in the event of a successful claim for a product warranty, the user may assert a warranty claim for the replaced product or the repaired part against the manufacturer.
12.4 Mandatory warranty
12.4.1 Act V of 2013 on the Civil Code, Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods, Government Decree 19/2014 on the procedural rules for handling warranty and guarantee claims for things sold under a contract between a consumer and a business. (IV. 29.) NGM Decree (hereinafter: NGM Decree) in the event of defective performance towards the User who is a consumer, the Service Provider is obliged to provide a warranty in connection with the sale of certain products.
12.4.2 In the case of new durable consumer goods falling under the scope of Government Decree 151/2003. (IX. 22.) the Service Provider is obliged to enclose the warranty card. The warranty period is one year from the date of receipt of the product by the User. If the purchased product is a new durable consumer good falling under the scope of Government Decree 151/2003. (IX. 22.) and the purchased product fails during the one-year mandatory warranty period, the User may assert the same claims against the Service Provider as in the case of a warranty for goods. Thus, you have the option – in the order described above under the subheading “Warranty” – to request repair, replacement or price reduction, or to withdraw from the contract.
12.4.3 If a purchased product is covered by a warranty, the warranty rights and the rights arising from the warranty can be enforced in parallel.
12.4.4 The Service Provider is only exempt from its warranty obligation if it proves that the cause of the defect arose after the performance.
12.4.5 In the absence of an express written commitment, the Service Provider does not guarantee that the goods are suitable for any special purpose intended by the User. The Service Provider has the right to review the indicated defect related to the purchased product with a specialist service. In the event that the defect can be traced back to improper use, the repair cost will be borne by the User. The Service Provider's warranty obligation does not cover cases where the product has been disassembled by unauthorized persons, its casing has been broken or opened, its structural structure has been changed, and also for defects that have arisen from:
- incorrect installation,
- improper use,
- incorrect commissioning,
- failure to perform the required maintenance,
- damage.
12.4.6 If the product ordered on the website is a new durable consumer good falling under the scope of Government Decree 151/2003. (IX. 22.), in that case the Service Provider shall attach a warranty card to the product. The list of durable consumer goods is contained in the annex to Government Decree 151/2003. (IX. 22.). In the case of products other than these, there is no mandatory warranty obligation under the law.
12.4.7 The User may not assert a warranty claim and a warranty claim, or a product warranty claim and a warranty claim at the same time and in parallel due to the same defect, otherwise the User shall be entitled to the rights arising from the warranty regardless of the warranty and product warranty rights.
12.5 Right of withdrawal/termination
12.5.1 The User who is a consumer is entitled to withdraw from this contract within 14 days without giving any reason. Similarly, in the case of a contract for the provision of services, if the performance of the contract has begun, the User is entitled to terminate the contract within 14 days without giving any reason.
12.5.2 The withdrawal period
a) in the case of a contract for the sale of a product: it expires 14 days from the day on which the User or a third party designated by the User, other than the carrier, takes over the product;
b) in the case of the provision of multiple products: 14 days after that date, on which the User or a third party other than the carrier designated by the User takes over the last product;
c) in the case of a product consisting of several items or pieces: on which the User or a third party other than the carrier designated by the User takes over the last item or piece;
d) and in the case of points a), b), and c), the User 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.
12.5.3 With regard to services, the User is not entitled to the right of withdrawal if the Service Provider has commenced the performance with the express prior consent of the User, and the User, with this consent, has simultaneously declared his acknowledgement that he will lose his right of withdrawal after the commencement of the performance.
12.5.4 If the User wishes to exercise his/her right of withdrawal/termination, he/she must send a clear statement of his/her intention to withdraw/termination to one of the Service Provider's contact details. The statement of withdrawal/termination can be made in any way, either verbally or in writing.
The user may also use the following declaration template to exercise the right of withdrawal:
Sample declaration of withdrawal/termination
(fill in and return only if you intend to withdraw/termine from the contract)
Recipient:
Postal address:
E-mail:
I, the undersigned, …………………………………………………………………………, declare that I exercise my right of withdrawal/termination with respect to the contract for the sale and purchase of the following product(s) or the provision of the following service(s):
Date of conclusion of the contract/receipt of the product:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only in the case of a declaration made on paper):
Date:
12.5.5 The user exercises his right of withdrawal/termination within the deadline if he sends his written declaration of withdrawal/termination before the expiry of the deadline specified above or announces it orally on the last day of the deadline. The Consumer is responsible for proving that he/she exercised his/her right of withdrawal/termination in the manner and within the time limit specified herein.
12.5.6 In the case of products with hygienic packaging, the User may not exercise his/her right of withdrawal without justification after the hygienic packaging of the product has been removed. Opening additional packaging other than the hygienic packaging does not prevent the exercise of the right of withdrawal. In the case of products other than products with hygienic packaging, the exercise of the right of withdrawal is not precluded by the use of the opened packaging and the necessary use to determine the nature, properties and operation of the product.
12.5.7 The User is responsible for organizing the return of the product and the cost of returning it. The goods may also be returned in person, after prior arrangement with customer service.
After the withdrawal/termination is accepted and the goods are returned, the settlement will take place, no later than within 14 days from the acceptance of the withdrawal/termination. In the case of a withdrawal concerning a product, the Service Provider shall refund the purchase price of the product affected by the withdrawal and the delivery cost to the User, and in the case of a withdrawal concerning a service, the purchase price of the service affected by the withdrawal to the User.
12.5.8 The User may not exercise his right of withdrawal:
in the case of a contract for the provision of a service, after the performance of the entire service, if the enterprise began 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;
in the case of a product or service whose price or fee cannot be influenced by the enterprise and depends on possible fluctuations in the financial market even during the withdrawal period;
in the case of a non-prefabricated product that was produced based on the instructions or at the express request of the User, or in the case of a product that was clearly tailored to the User;
in the case of a perishable product or a product that retains its quality for a short time;
in the case of a product in sealed packaging which, for health or hygiene reasons, cannot be returned after opening after delivery;
in the case of a product which, by its nature, is inseparably mixed with another product after delivery;
in the case of an alcoholic beverage the actual value of which depends on market fluctuations in a way which cannot be influenced by the undertaking and the price of which was agreed upon by the parties at the time of conclusion of the sales contract, but the performance of the contract does not take place until after the thirtieth day following its conclusion;
in the case of a business contract in which the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work, except in the case of services or products offered in addition to the services expressly requested by the consumer and the spare parts used to carry out the maintenance or repair;
sealed in the case of the sale and purchase of packaged sound or image recordings and copies of computer software, if the consumer has opened the packaging after delivery;
in the case of newspapers, magazines and periodicals, with the exception of subscription contracts;
in the case of contracts concluded at a public auction;
in the case of contracts for the provision of accommodation, other than residential services, transport, car rental, catering or services related to leisure activities, if a specific performance deadline or time limit has been stipulated in the contract;
in the case of digital content provided on a non-tangible data carrier, if the business has commenced performance with the consumer's express prior consent and the consumer has simultaneously declared his acknowledgement that he will lose his right of withdrawal after commencement of performance.
12.6 Legal effects of withdrawal/termination
12.6.1 If the User withdraws from the contract, the Service Provider shall immediately, but no later than 14 days from the receipt of the User's declaration of withdrawal/termination, refund all consideration paid by the User, including, in the case of a product warranty, the cost of transporting the product to the User (except for additional costs incurred because the User chose a method of transportation other than the cheapest standard method of transportation offered by the Service Provider). During the refund, the Service Provider shall use the same payment method as the one used in the original transaction, unless the User expressly consents to the use of another payment method, and the User shall not incur any additional costs as a result of the use of this refund method. In the case of a contract for the sale of a product, the Service Provider may withhold the refund until the product has been returned or the User has provided proof that it has been returned: whichever is the earlier.
12.6.2 The User is obliged to return or hand over the product to the Service Provider without undue delay, but no later than 14 days from the date of receipt of the notice of withdrawal/termination. The deadline is deemed to have been met if the product is sent before the 14-day deadline has expired. The User shall bear the direct costs of returning the product.
12.6.3 The User may only be held liable for any diminished value of the product if it has occurred due to use exceeding that necessary to establish the nature, properties and functioning of the product. This provision shall only apply to products other than products with hygienic packaging.
12.6.4 If the User has requested that the performance of the service commence within the withdrawal/termination period, in the event of termination, the User shall reimburse the Service Provider for the amount due for the service performed proportionally up to the date of termination of the contract. Similarly, the Service Provider shall refund the part of the consideration provided by the User that exceeds the consideration for the service provided by it.
13 Exclusion of Liability
13.1 The Service Provider is not obliged to conclude a contract under the law. It freely decides to accept or reject the User's order. The Service Provider excludes its liability for any resulting damages.
13.2 The Service Provider does not guarantee that the product or service is suitable for any intended use by the User. The information in the product or service description and instructions shall govern the use, but the Service Provider shall not be liable for any deviations arising from specific usage circumstances.
13.3 The Service Provider assumes no liability for direct or indirect damages resulting from the bad faith use of the website or the unavailability of the Internet service provider. The Service Provider cannot be held liable for technical disruptions, such as electrical or computer network outages. Given that the Internet is an open network that cannot be considered secure, the Service Provider is not liable for damages resulting from the destruction, late arrival, or other errors of messages and orders transmitted electronically for reasons beyond the control of the Service Provider.
13.4 The Service Provider may terminate the use of the website at any time, without giving reasons, for individual Users, or for all Users by terminating the operation of the website. In this case, it will fulfill orders already validly placed and other requests of the User, but is not liable for other possible consequences.
13.5 The images of products and services displayed on the website may differ from the real ones, in some cases they are included as illustrations. The service provider is not responsible for product reviews due to reasons beyond its control. t, thus for any deviations resulting from any changes made necessary by the manufacturer or supplier without prior notice.
13.6 The Service Provider excludes liability for delays or other problems, errors, or damages resulting from incorrect and/or inaccurate order data provided by the User.
13.7 The content downloaded by following external links on the website is not under the influence of the Service Provider. If requested by the person entitled to do so, the Service Provider will delete or modify the link. The Service Provider shall not be liable for any content displayed or downloaded using such a link.
14 Other provisions
14.1 The Service Provider reserves the right to enforce and change the legal protection of the content and the rules governing the use of the website, also with regard to Users browsing the website without placing an order. The User can access the relevant rules and statements in the legal statement continuously published on the website, in these GTC and in additional information documents.
14.2 The Contracting Parties declare that they will act in good faith and fairness in exercising the rights arising from these contractual terms and conditions and in mutual cooperation.
Data management, data protection
The documents entitled “Data Management Information” and “Information on the Use of Cookies” provide information on the data management carried out by the Service Provider.
Amendment of the Contractual Terms
16.1 The Service Provider reserves the right to unilaterally amend the contractual terms and conditions at any time without prior notice or separate notification.
16.2 The contracts concluded on the basis of individual orders are always subject to the contractual terms and conditions attached to the final confirmation of the given order – which creates a contract.
Applicable law
17.1 For issues not settled in these terms and conditions, the provisions of the laws specified in point 3.1.1. shall apply.
Complaints, enforcement, supervision over the Service Provider
18.1 Complaints
18.1.1 Users may contact the Service Provider by letter, telephone or e-mail with a complaint regarding the Service Provider’s service, the conduct, activity or omission of a member, employee or person acting in the interest or benefit of the Service Provider directly related to the distribution or sale of the goods to consumers, or the quality of the goods at the contact details indicated on the website and at the beginning of the GTC.
The Service Provider shall immediately examine the oral complaint and, if necessary, immediately remedy it. If this is not possible, or if the User does not agree, the Service Provider shall respond in writing to the complaint submitted in writing within thirty days at the latest.
18.1.2 Possibility of contacting a conciliation body
The user (consumer) may also request a free conciliation body procedure in relation to the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties.
If the Consumer has a place of residence or residence in Hungary, the conciliation body operating under the county (capital) chambers of commerce and industry according to this place of residence or residence is competent. The contact details of the conciliation bodies can be found on the website https://www.bekeltetes.hu/index.php?id=testuletek.
In this request, the consumer may indicate another conciliation body other than the above.
In Hungary, the Budapest Conciliation Body operating under the Budapest Chamber of Commerce and Industry is entitled to act in cross-border disputes between consumers and traders related to online sales or service contracts. The contact details of the Budapest Conciliation Board, which operates under the Budapest Chamber of Commerce and Industry, can be found on the
https://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 page, and can be read here:
Budapest Conciliation Board operating under the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Telephone: +36 1 488 2131
E-mail: bekelteto.testulet@bkik.hu
Website: https://bekeltet.bkik.hu/
The service provider is obliged to cooperate in the conciliation board procedure.
The conciliation board is an independent board operating under the county (capital) chambers of commerce and industry. Its scope includes the out-of-court settlement of consumer disputes on the above-mentioned topics: for this purpose, attempting to reach an agreement and, if this is unsuccessful, making a decision on the case in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights.
The conciliation body provides advice on the rights and obligations of the consumer at the request of the consumer or the business.
18.2 Enforcement of rights through court
The contracting party
The parties shall cooperate with each other in order to resolve any disputes out of court, through negotiation, in the shortest possible time and at the lowest cost. If this does not lead to a result, the User may initiate the lawsuit at the district court of his/her place of residence or residence.
18.2.1 If the User lives in the European Union, he/she may use the following online dispute resolution tool of the European Commission in connection with his/her complaint regarding a product or service purchased online.
The European Commission's online dispute resolution platform
Website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU
This internet-based platform was created by the EU for consumers who wish to make a complaint regarding products or services they have purchased online and would like to ask a neutral third party (dispute resolution body) to handle the complaint.
Further information on the online dispute resolution platform and its use, as well as the dispute resolution method, can be found on the website accessible using the link above.
18.2.2 A user may contact the European Consumer Centre with a complaint regarding the quality of the goods, the conduct, activity or omission of the Service Provider (its member, employee) or a person acting in its interest or on its behalf, the quality of the service, or the application of liability rules, with a cross-border complaint.
Ministry of Innovation and Technology – European Consumer Centre
Postal address: 1440 Budapest Pf. 1.
Telephone: +36 1 896 7747
Fax: +36 1 210 2538
E-mail: info@magyarefk.hu
Website: https://www.magyarefk.hu/hu/elerhetosegek.html
2023.05.11.
Cri-Style Ltd.