Last update: 01.01.2017.
Všeobecné zmluvné podmienky (VZP) / General Terms and Conditions
These General Contract Terms (hereinafter GCT) contain the conditions of use of the service available at shop.builder.eu and on the websites defined hereunder (hereinafter Webshop”), which service may be used by the user (hereinafter “User”) without registration.
1. DATA OF THE SERVICE PROVIDER
- Name of the service provider: Shopbuilder Ltd. (hereinafter: Service provider)
- Registered office of the service provider: 6722 Szeged, Mérey utca 17.
- Representative/Head of the Webshop: Stipic Robert (Representative of the company)
- Company register number: 06-09-023200
- Tax numbers:
Romania: Cod fiscal: RO 33938631
United Kingdom/Great Britain: UK VAT registration number is 220 4123 73
Croatia: OIB broj: 07116972531
Austria: MwSt. ID 68 577/2717
- Entry No in the authority register:. C/002 215/2003. - Ministry of the Economy and Traffic, Office of Permissions and Public Administration, Department of Internal Trade and Tourism (1024 Budapest Margit krt.) 85.)
- Entry No in the data protection register: 01098-0001, 01098-0002, 01098-0003, 01098-0004
- Name of the authority making the entry into the register: Court of Csongrád County as Court of Registration (6722 Szeged, Tábor u. 4.)
- Contact of the service provider and its regularly used E-mail address established to keep contact with users: email@example.com
- Telephone number: +36-20-9000-864, +36-62-451-691
- Language of the contract: Hungarian (see original: http://shop.builder.hu/altalanos-szerzodesi-feltelek-a2301)
- Name, address and E-mail address of the web-host service provider: RackForest Ltd. (H-1108 Budapest, Kozma u. 2.)
2 BASIC PROVISIONS
For all issues not regulated in these Rules, and for the interpretation of these Rules the laws of Hungary, in particular the relevant provisions of Act V of 2013 on the Civil Code of Hungary (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Electronic Commerce Act), furthermore Gov. decree 45/2014 (II. 26.) on he detailed rules of contracts concluded between consumers and businesses shall be applied Mandatory provisions of the relevant laws are applicable without any specific contractual term.
This GCT shall be valid from 10th February 2016 and shall remain in force until withdrawn. The Service provider shall be entitled to modify the GCT by informing the Customers prior to such modification through the website. The Service provider publishes the modifications on the Webshop site 11 (eleven) days before their effective date. By using the Webshop, the Users agree to be automatically bound by all regulations related to the use of the Webshop.
Users, by entering the site of the Webshop operated by the Service provider, or by reading the content of the site in any manner – even without being registered users of the Webshop, express their consent to be bound by these GCT. The User, who does not accept these terms and conditions, shall not be entitled to view any content of the Webshop.
The Service provider reserves all rights in connection with the Home page, any part thereof and any content to be displayed therein as well rights of distribution of the website. Any downloading from the Website, electronic storage, processing and sale of any content or any part thereof shall be forbidden without the Service provider’s consent given in writing.
The contracts concluded electronically will not be filed, are concluded solely electronically, are not considered as written contracts, they are written in Hungarian and shall not refer to any code of conduct. In case of questions related to the operation of the Webshop and its order and delivery processes, the Service provider is available at the contacts provided herein.
This GCT shall be applicable at the following websites of the Service provider:
and the legal relationships, which take place on their sub-domains.
This GCT is continuously available on the Webshop website and downloadable at the following link.
3. CONDITIONS AND PROCESS OF ORDERS
Shopping is not subject to a valid registration.
Users can submit orders without registration.
If Users wish to register, can do it so after clicking the “Sign in/Registration” button or after filling in the required details in the registration field during the purchasing process. On the registration field, the following data shall be provided to the Service provider:
Under field “Personal and profile data”
- E-mail address
- Mobile Number
- Date of birth (not mandatory)
Under field “Delivery address”
- Postal code
- Street Address and number
Gender of the User, which is not mandatory.
When the User has given all data necessary for the registration, he can finalise his registration by clicking on the “Send registration” button. Before sending the registration, this GCT must be accepted by placing a check in the box.
The Service provider notifies the User about the successful registration via the Webshop site and by E-mail as well.
Users may enter into the Webshop by submitting their Facebook or Google data, without registering separately.
The User is entitled to delete its registration at any time by sending an E-mail message to firstname.lastname@example.org. Upon receipt of the E-mail message, the Service provider shall ensure deletion of the registration without delay. After deletion the data of the User will be removed from the system without delay; however, this shall not apply to keeping data and documents related to already submitted orders and will not result in removal of data relating to these orders. After removal, the data cannot be restored.
The Customer shall be exclusively responsible for keeping his user access data (particularly the password) confidential. If it comes to the User’s attention that his password provided during the registration may be accessed by an unauthorized third person, he shall change his password without delay, and if it can also be assumed that such third person abuses the password in any manner, he shall notify the Service provider thereof, at the same time.
The User undertakes to update the personal data provided in the course of registration, whenever necessary, in order to keep them up-to-date, complete and true.
3.2 Ordering process
The User places the selected product into a virtual basket by clicking on the basket icon next to the product. The User may view the content of the basket at any time by clicking on the “Edit basket” button or on the “VIEW BASKET” icon.
The User can set the quantity of the product or products to be purchased by using the + and – buttons.
If the User has placed the product into the basket, but would like to add further products, he shall select the “Continue shopping” button. If he intends to purchase no further products, he checks the quantity of the product to be purchased. He can delete the content of the basket by clicking on the “Delete (crossed out basket)” icon. After finalising the quantity, the content of the basket is automatically updated.
The User can provide the delivery address and the method of delivery/payment.
After providing the data, the User can send his order by clicking on the “Send order” button, however, before this, he can check once more the provided data or send a note in connection with the order or notify the Service provider by E-mail about his additional requests related to the order.
If the User finds that all data is entered correctly, he can send his order to the Service provider by clicking on the “Send Order” button at the bottom of the page.
The Service provider notifies the User about the success of the order on the following webpage and by E-mail, by providing the Customer’s order number as well.
Thus, the order is submitted by clicking the “Send order” button, which constitutes a payment obligation for the User.
The final amount to be paid includes all costs based on the summary of the order and the letter of confirmation. The package contains the invoice, the information about the right of withdrawal and the guarantee document.
If the User placed his order without registration, the confirmation E-mail sent by the Service provider contains a password to be used with his E-mail address given during the ordering process, which provides for him access to the site any time to view his order details. This shall not constitute an automatic registration. It becomes registration, when the User enters the site by using the entry data.
3.3 Method of payment
- Cash on delivery: The User pays the amount of the order at the time of receipt of the package.
- Bank transfer: When the package is ready for dispatch, the Service provider sends to the User the information necessary for the bank transfer, such as its bank account and the reference number.
- Bank card on-line payment: via the secure on-line field of CIB-Bank/Borgun, after placing the order.
- PayU: via the secure on-line field of PayU, after placing the order.
- PayPal: via the secure on-line field of PayPal, after placing the order.
- Sofort: via the secure on-line field of Sofort, after placing the order.
- Masterpass: by using the Masterpass application installed on a mobile phone after placing the order.
You can read more about the methods of payment available in specific country and on specific domain in more detail here.
3.4. Costs and methods of delivery
The current methods of delivery and their costs provided by the Service provider can be found here.
The User shall examine the package at the time of delivery before the courier and shall ask for taking of minutes in case of any damage is noticed on the products or the package; in case of damage, he is entitled to refuse receipt of the package. The Service provider shall not accept subsequent complaints without having minutes taken. Delivery of the packages takes place on business days between 8 and 17 hours.
3.5. Data entry errors
Correction of data entry errors: Before closing the ordering process, the User can return at any time to the previous screen, where he can correct the entered data. It is possible to delete from the basket (crossed out basket) or he can alter the quantity by entering the exact amount.
3.6. Binding offer and confirmation
The Service provider confirms the receipt of the offer sent by the User without delay in an automatically sent confirmation E-mail message, which contains the data given by the Customer during shopping or registration (invoicing and delivery information), the identification of the order, the date of the order, the list and quantity of the ordered products, the price of the products, delivery costs and the final amount to be paid.
This confirmation E-mail shall constitute the Service provider’s acceptance of the User’s offer, which constitutes a valid contract between the Service provider and the User.
The User shall be discharged from being bound to the offer, if the Service provider’s confirmation E-mail about the sent offer is not received without delay, or within 48 hours at the latest.
If the User has already sent his order to the Service provider and thereafter notices a mistake in the data contained in the confirmation E-mail, he shall notify the Service provider thereof within 1 day, in order to avoid fulfilment of undesirable orders.
The order shall be considered as a contract concluded electronically, and shall be governed by the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The contract shall fall within the scope of Gov Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses and observes the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
4. ORDER PROCESSING AND DELIVERY
Orders are processed within opening hours.
Orders may be placed also outside the period indicated for processing orders; whenever orders are submitted after business hours, they will be processed during the following business day. The customer service of the Service provider will every time send an electronic confirmation about the time, when it can fulfil the order.
The general time of performance is 5 business days from the date of confirmation. If the Service provider and the User have not agreed about the time of performance, the Service provider shall provide performance at or within the time as defined in the Service provider’s notice addressed to the User, or in the absence of such notice, within thirty days from receipt of the order by the Service provider.
If the Service provider fails to fulfil his contractual obligations because the product specified in the contract is not available, it shall notify the User thereof, immediately and shall refund the amount paid by the User without delay, however within thirty days at the latest.
The Service provider shall not be responsible for occasional changes of technical information or descriptions made without prior notice by the supplier or made for reasons beyond its control. The Service provider reserves the right to partially or completely refuse fulfilment of the already confirmed orders. Partial performance may take place exclusively after consultation with the User.
5. PRICE OF THE PRODUCT
The listed products may be ordered on-line, personally and by telephone.
The prices displayed together with the products are specified in the official currency of the relevant Webshop (HUF, EUR, RON, HRK, CZK, PLN, USD, RSD) and include the statutory VAT (gross prices), however the costs of home delivery is not included. Separate packaging costs will be charged in case of oversized products, where the packaging costs differ, based on the given product, and are indicated on the data sheet of the oversized product as well as during the ordering process. Shipping costs are shown during the checkout process!
The Service provider shall indicate the name and description of the product in detail and presents a photo of the product. The photos presented on the data sheet of the products may differ from reality and be illustrations. The Service provider assumes no liability for the difference between the picture presented in the Webshop and the actual outlook of the product.
The Service provider reserves the right of correction in case of mistakes or omissions in the Webshop regarding the products or the prices. In this case, after recognition and correction of the mistake the Service Provider shall inform the customer about the new data, without delay. Following this, the customer may confirm his order once again or either party may have the possibility to withdraw from the contract.
The Service provider assumes no responsibility if, regardless of its efforts and/or due to mistakes of the system, prices are indicated incorrectly or if prices are clearly incorrect as they significantly differ from the regular price level of the product (eg. HUF 0, HUF 1). In these cases the Service provider is not obliged to provide the product for the incorrectly indicated price. In case of indicating incorrect prices, the Service provider contacts the User by telephone or E-mail and offers the possibility to purchase the product for its real price, when the User may decide, being aware of this information, whether he orders the product for its real price or cancels the order without any detrimental legal consequences.
In case a promotional price is introduced, the Service provider shall fully inform Users about these promotions and the exact duration thereof.
6. RIGHT OF WITHDRAWAL
This clause shall apply to those natural persons, who exclusively outside their professional activities, individual jobs or business activities purchase, order, receive, use and apply goods and who are addressees of the commercial communication and offer related to the goods (hereinafter ”Consumer“).
Pursuant to Gov Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses In case of a contract on the sale of products, consumers are entitled to withdraw from the contract, without giving any reason, within fourteen (14) days of receipt of
- the product,
- the product delivered at last, if several deliveries are included,
- the item or part delivered at last, if the product consists of several items or parts,
- of the product delivered at first, by the Consumer or a third party designated by the consumer which is different than the carrier, in case the product is to be delivered regularly within a defined period.
Consumers are also entitled to exercise the right of withdrawal during the period between the date of concluding the contract and the date of receipt of the product.
If the Consumer wishes to exercise the right of withdrawal, an unequivocal notice to that effect shall be sent (for example a letter sent by postmail or E-mail) to the Service provider by using a contact detail indicated in clause 1 of this GCT. For this purpose, the Consumer may also use the sample declaration of withdrawal presented via the following link, however use of the sample is not mandatory. The Consumer asserts his right of withdrawal if he sends his notice of withdrawal before the above mentioned deadline (even on the 14th day) to the Service provider.
The burden of proof lies with the Consumer to verify that he exercised his right of withdrawal according to the provisions of clause 6.
In both cases, the Service provider shall confirm in E-mail without delay the receipt of the Consumer’s notice of withdrawal.
If the notice of withdrawal is made in writing, it shall be considered to have been effected by the deadline if the Consumer has sent his notice within 14 calendar days (even on the 14th day).
In case of notification by mail the Service provider considers the date of posting and in case of notification by E-mail or fax, the time of transmission as relevant for calculating the deadline. The Consumer shall send his letter by registered mail, so that the date of dispatch can be verified by reliable means.
In the event of withdrawal, the Consumer shall be required to return the ordered product to the address of the Service provider as specified in clause 1, without delay, however at the latest within 14 days of sending his notification of withdrawal. The deadline shall be deemed observed if the Consumer sends (by mail or hands over to the courier ordered by him) the product before the lapse of the 14-day deadline.
The costs of sending the product to the address of the Service provider shall be borne by the Consumer, except if the Service provider agreed to pay these costs. However, the Service provider is not responsible for arranging and organising the return, furthermore shall not be responsible for the costs of transport of the product from the Consumer. The Service provider shall not be obliged to receive packages returned by cash on delivery. Except from the costs of returning the product, the Consumer shall not be responsible for any other costs.
If the Consumer withdraws from the contract, the Service provider shall reimburse immediately, but no later than 14 days from the date of receipt of the Consumer’s notice thereof, the entire amount of the purchase price, including the costs of delivery (costs of transport) except from those additional costs, which the Consumer incurred because of choosing another means of transport than the regular, most favourable means of transport offered by the Service provider. The Service provider is entitled to retain the amount of reimbursement until the returned goods are received, or alternatively, until the Consumer proves by reliable means that return delivery had taken place. The Service provider takes into account the earlier date.
When performing reimbursement, the Service provider uses the same method of payment, which was used in case of the original transaction, except if the Consumer gives his explicit consent to use a different payment method, from which the Consumer shall have no additional costs.
The Consumer may be held liable for loss in value in the product, only if it has occurred in consequence of excess use, which is beyond the extent necessary for establishing the nature, features and operation of the product. Thus the Service provider may claim compensation for loss in value of the product, if it has occurred in consequence of excess use, which is beyond the extent necessary for establishing the nature, features and operation of the product and his reasonable costs - if the Service provider has commenced the performance of the contract on provision of services by the Consumer’s explicit request before the deadline open for withdrawal has lapsed.
The Consumer shall not be entitled to withdraw from the contract:
- in respect of perishable products or products which deteriorate rapidly;
- in respect of products with closed packaging, which cannot be returned due to health protection or hygiene reasons. Acceptance of these products cannot be expected form the Service provider if the Consumer has already opened the package directly protecting the product and/or has started its normal use, as in this case it may be possible that the product contacted the human body or body fluids and bacteria, thus the hygienic and sanitary quality of the product cannot be guaranteed. If the Consumer has not yet started using the products falling under this exception and the package directly protecting the product has not been opened yet, he can assert his right of withdrawal according to the general rules. (i.e. food supplements)
- in respect of products, which after receipt, by their nature become inseparably mixed with other products;
- in respect of a not standard product, which was manufactured by the Service provider at the Consumer’s instructions or his explicit request, or in respect of products, which are obviously customised for the Consumer.
- in respect of sale of a copy of voice and picture recording or as computer software program, if the Consumer has opened the package after receipt;
7.1. Warranty for lack of conformity
In the event of defective performance by the Service provider, the Customer may enforce warranty rights for lack of conformity.
In the case of consumer contracts, the Customer may enforce warranty rights within a 2-year limitation period from the date of receipt for product for defects existing at the time of delivery of the product. No legal warranty rights may be enforced by the Customer beyond a two-year limitation period.
In the case of non-consumer contracts, warranty rights may be enforced within a 1-year limitation period from the date of receipt.
The Customer – at his option – may request either repair or replacement, unless compliance with the Customer’s chosen warranty right is impossible or it results in disproportionate expenses on the Service provider, compared to the alternative remedy. If the Customer does not request, or could not request repair or replacement, he may ask for a commensurate reduction in the consideration, or repair the defect himself or have it repaired at the Service provider’s expense, or – as a last resort – withdraw from the contract. The option of withdrawal is not available if the defect is minor.
The Customer may switch from the chosen warranty option to another, but must bear the cost of switching, unless the switch was necessary because of the Service provider’s conduct or for other reasons.
The Customer is required to inform the Service provider of the defect without delay after discovery, and within two months from the discovery of the defect at the latest.
The Customer may enforce warranty rights directly against the Service Provider.
Enforcing warranty rights within six months from the performance of the contract shall not be subject to any other conditions than reporting the defect, provided that the Customer proves to have purchased the product from the Service provider (by presenting the invoice or a copy thereof). The Service provider will only be exempt from its warranty obligations if it is able to rebut this presumption, namely, if it proves that the product became defective after delivery to the Customer. The Service provider is not obliged to accept the warranty claim if it is able to prove that the reason for the defect is attributable to the Customer. However, after six months from performance of the contract the Customer shall prove that the defect the Customer discovered already existed at the time of performance of the contract.
If the Customer files a warranty claim only for a specific part of the product – which can be separated in respect of the defect – the warranty claim shall not be deemed as having been made in respect of other parts of the product.
7.2. Product guarantee
In case of lack of conformity of a product (movable property), the customer, who qualifies as a consumer, – at his own option – may enforce the rights specified in clause 7.1 or claim product warranty.
However, Customers are not entitled to enforce their warranty rights and make a product warranty claim for the same defect at the same time, concurrently. In the event of a successful product warranty claim the Customer may, however, enforce his warranty rights against the producer for the replaced product or the repaired part.
When making a product warranty claim, the Customer may request repair or replacement of the defective product, only. When making a product warranty claim, the Customer shall prove the defect of the product.
A product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer. The Customer may make a product warranty claim within two years from the date when the product was placed on the market by the producer. The Customer forfeits this right after the lapse of this time limit. The Customer shall be required to inform the manufacturer of any defect without delay. If notification of the defect is made within two months of the time it is detected, it shall be deemed that notification was made in due time. The Customer shall be liable for any damage that results from late notification.
The Customer may make a product warranty claim to the manufacturer or distributor of the movable property.
The manufacturer or distributor shall be relieved of its warranty obligations only if it is able to prove that:
- the product was manufactured or placed on the market in the course of operations other than its business activity, or
- the defect could not be detected based on the state of scientific and technological knowledge at the time of placing the product on the market, or
- the defect in the product results from the application of a legal regulation or mandatory regulatory provisions.
The manufacturer or distributor is required to prove only one above mentioned reason for exemption.
8. COMMERCIAL WARRANTY
The Service provider shall provide commercial warranty in case of defective performance pursuant to the provisions of Gov. decree 151/2003. (IX. 22.) on compulsory warranty on certain consumer goods designated for long-term use.
Regarding compulsory warranty on certain consumer goods designated for long-term use, Gov. decree 151/2003 (IX. 22.) on compulsory warranty on certain consumer goods designated for long-term use contain provisions.
The (material) scope of the decree shall be limited to new products, which are soled within the framework of consumer contracts within the territory of Hungary and which are listed in the appendix of the decree.
Regarding the consumer goods designated for long-term use, the mandatory warranty period is 1 year, which commences on the day of receipt of the product by the Customer, or the date of installation, if installation is performed by the Service provider or a person authorised by it.
The Service provider may be relieved of its warranty obligations only if it is able to prove that the reason for the defect appeared after performance.
Warranty rights may be enforced exclusively Customers, who are qualified as consumers.
No commercial warranty apply if the defect or its reason appeared after receipt of the product by the Customer, for example, if the defect was caused by
- incorrect installation (except if the installation was performed by the Service provider or a person authorised by it, or if the reasons for incorrect installation are attributable to mistakes in the user manual)
- improper use or failure to observe the instructions of the user manual,
- improper storage, incorrect handling, causing physical damage,
- natural forces or act of God.
In case of defect falling within the scope of commercial warranty, the Customer:
- primarily – at his choice – may demand repair or replacement, unless compliance with the Customer’s chosen warranty right is impossible or it results in disproportionate expenses on the Service provider, compared to the alternative remedy, taking into account the value the product would have had without any defect, the significance of the failure to duly perform the contract, and the harm caused to the Customer upon compliance with the warranty right.
- if the Service provider refuses to provide repair or replacement or is unable to fulfill its obligation within a reasonable time, by protecting the Customer’s interests, or if repair or replacement no longer serves the Customer’s interest, the Customer – at his choice – may ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the Service provider’s expense, or withdraw from the contract. The option of withdrawal is not available if the defect is minor.
If the Customer demands replacement due to failure of the product within three business days from the date of purchase (installation), the Service provider may not invoke disproportionation excess costs but shall replace the product, provided that the failure prevents regular use.
Any repair or replacement shall be completed within reasonable time and without any significant inconvenience to the Consumer, – taking account of the nature of the goods and the purpose for which the Consumer needed the product. The Service provider shall endeavor to perform repair or replacement within fifteen days at the longest.
In case of repair, only new spare-parts may be installed into the product.
The warranty period shall be suspended for the time during which the product is being repaired and the Customer cannot use it. As regards the product and any part of the product that has been replaced (repaired), the warranty period for the right to warranty shall recommence in respect of the replaced (repaired) product (any part of the product) and in respect of the failure, which may arise due to the repair.
All costs related to performance of warranty obligations shall be borne by the Service provider.
During the warranty period, the professional service of the given product is responsible for repairs of failures, which may appear during proper use, the address of the professional services is indicated all the time at the end of the guarantee voucher or at the end of the manual of the product, but the Service provider’s customer service is also ready to assist its customers in reaching out to the appropriate professional service.
The Customer, regarding the same failure, is not allowed to enforce both warranty and commercial guarantee and product warranty and commercial warranty at the same time, concurrently. Irrespective of these restrictions, the Customer is entitled to commercial warranty regardless of the rights specified in clauses 7.1 and 7.2.
Therefore, the commercial warranty shall not influence the Customer’s statutory rights – in particular warranty for lack of conformity, product guarantee and the right to compensation.
The Customer may notify its claim through the contact details indicated in clause 1.
In case of legal dispute between the parties, which cannot be resolved amicably, the Customer may initiate a procedure in front of a conciliation panel according to the instructions in clause 9.2.
Notification of warranty and guarantee claims
The Customer may notify its warranty or guarantee claims to the Service provider through the contact details indicated in clause 1.
The Service provider takes minutes on the Customer’s notified warranty or guarantee claim.
It shall provide a copy of the minutes to the Customer without delay, in a verifiable manner.
If the Service provider cannot inform the customer about the possibility to fulfil the warranty or guarantee claim at the time of notification, it shall notify the User – in case of refusal of the claim, the reason for refusal and the possibility of contacting the conciliation panel - within five business days in a verifiable manner.
The Service provider shall keep the minutes for five years from its date and shall present it upon request to the supervisory authority.
9. POSSIBILITIES TO ENFORCE RIGHTS
9.1. Handling complaints
The Service provider aims to fulfil all orders in adequate quality with the complete satisfaction of the customer. However, in case the User has any complaint in connection with the contract or its performance, he may communicate his complaint to the E-mail address indicated in clause 1, or by mail, telephone or personally in the Service provider’s shops.
The Service provider, if possible, shall handle verbal complaints without delay. If immediate remedy of the verbal complaint is not possible by reason of the nature of the complaint or if the Customer does not agree with handling the complaint, the Service provider takes minutes about the complaint, which together with its substantive reply shall be kept for five years.
The Service provider shall give a copy of the minutes to the Customer directly, in case of verbal complaint (in a shop) or in case this is not possible, the Service provider shall act according to the rules pertaining to written complaints as defined herein;
In case of verbal complaints made by telephone or by using any other electronic telecommunication service, the Service provider shall send a copy of the minutes at the latest together with its substantive reply.
In all other cases the Service provider shall act according to the rules pertaining to written complaints.
The Service provider shall provide an unique identifier to complaints recorded by telephone or any other telecommunication equipment, which later on simplifies retrieval of the complaints.
The Service provider shall give a substantive reply to complaints submitted in writing within 30 days. For the purpose of this contract, action shall mean sending by mail.
In case of rejection of the complaint, the Service provider shall inform the Customer about the reasons of rejection.
9.2 Other means of enforcing rights
In case the occasional legal dispute between the Service provider and the Customer cannot be resolved amicably, the Customer may have the following possibilities to enforce his rights:
- Making a complaint at the consumer protection authorities,
- Initiating a procedure in front of the following conciliation panel
Csongrád Megyei Békéltető Testület [Conciliation Panel of Csongrád County]
Address: 6721 Szeged, Párizsi krt. 8-12
Telephone number: +36 62 554-250/ extension 118
Fax number: +36 62 426-149
Name: Dékány László, Jenei Zoltán
- Initiation of court proceedings.
For the purpose of application of the rules pertaining to the Conciliation Panel, consumers are those non governmental organisations, churches, condominiums, housing cooperatives, micro-, small and medium-sized businesses, which purchase, order receive, use apply goods or the addressee of commercial communications related to the goods.
User may use the Webshop exclusively at his own risk and agrees that the Service provider takes no responsibility for any material and non-material loss, which may arise during use except from liability for wilful act and breach of contract causing damage to human life, physical safety or health.
The Service provider excludes all liability for the conduct of Webshop users. The User shall ensure not to infringe the rights of third persons, laws and regulations during the use of the Webshop, either directly or indirectly. The User shall be fully and exclusively liable for his own conduct, the Service provider in these cases will fully qualified co-operate with the competent authorities in order to discover infringements.
The Service provider is entitled, but shall not be obliged to check the content made available during the use of the Webshop and in respect of the published contents, the Service provider is entitled to, but shall not be obliged to look for indications to illegal acts.
The sites of the service may contain connection points (links), which point to the websites of other service providers. The Service provider takes no responsibility for the data protection practice and other acts of these service providers.
Due to the global nature of the Internet, the User accepts that in the course of using the Webshop, its shall act by taking into account the provisions of relevant national laws as well. If any action related to the use of the Webshop is against the rules of the laws of the User’s country, the User shall be exclusively responsible for such use.
In case the User notices a reprehensible content at the Webshop site, he shall notify the Service provider thereof without delay. If the Service provider, acting in good faith finds that the notification is well founded, it is entitled to remove or modify the information without delay.
The whole Webshop, its graphical elements, text and technical solutions as well as the elements of the Service are protected by copyright or another intellectual property right (particularly trade-mark protection). The owner or authorised user of the copyright is the Service provider regarding all content presented during the provision of services via the Webshop: any work protected by copyright or other intellectual work (including, among other things, all graphics and other material, arrangement of fields of the Webshop, its editing, the applied software and other solutions, ideas and their implementation).
Saving or printing the content of the Webshop or its certain parts to a physical or other data carrier is allowed for private use of by the prior written consent of the Service provider. Use beyond private use, such as storage in database, forwarding, publishing or making available for downloading, placement on the market, is possible exclusively by the prior written consent of the Service provider.
Except from the rights explicitly defined in these GCT, neither the registration, use of the Webshop nor any provision of these GCT provide the Customer with rights for any use of any commercial name or trademark presented on the Webshop site. Except from presentation during regular use of the Webshop, the temporary multiplication necessary for this and taking copies for private use, these intellectual material shall not be used or modified in any other form without the prior written consent of the Service provider.
The Service provider reserves its rights regarding all elements of its service, with particular regard to the webshops domain names and the corresponding sub-domains, their sub-sites and the Internet advertising space. All actions aiming to list the database, compile, archive, hack or reverse engineer the source codes of the Service provider are prohibited, except if the Service provider gives a separate permission to this effect.
Without separate agreement or using the service for this purpose, it is forbidden to modify or copy the database of the Service provider, place new data in them or rewrite existing data by circumventing the search engines and the surfaces provided by the Service provider.
By using the Service, the User agrees that the Service provider may within the scope of the applicable Data Protection Information, use the data uploaded by the User at any time and anywhere without restrictions and payment of any separate fee.
RETENTION OF TITLE
The goods remain the property of the Service provider until payment of the purchase price in full. If, for any reason, the User takes possession of the product before payment of the purchase price in full, the User will be responsible vis-à-vis the Service provider for all damage for which no damages can be claimed from anyone.
13. MISCELLANEOUS PROVISIONS
The Service provider is entitled to procure the services of other for fulfilling its obligations. The Service provider is fully liable for the unlawful actions of that person as if they were carried out itself.
If any part of these GCT becomes invalid, illegal or unenforceable, this shall not affect the validity, lawfulness and enforceability of the remaining parts.
If the Service provider fails to exercise any right provided by these GCT, such failure shall not be considered as waiver from that right. A waiver of any right may become valid in case an explicit written declaration is made to that effect. The fact that the Service provider does not strictly insist on a substantial term or condition of these GCT, this shall not mean that it waives the right to insist on the strict observance of such given term or condition.
14. DATA PROTECTION
Information on data processing is available here.