GTC
GENERAL TERMS AND CONDITIONS (GTC)
Effective from: November 11, 2025
Welcome to our website! Thank you for honoring us with your trust during your purchase!
CRESCENT (Piller Ábel e.v.) operates this web store – including all related information, content, functions, products, and services – with the aim of providing a personalized shopping experience to its customers.
If you have any questions regarding these General Terms and Conditions (hereinafter: GTC), the use of the website, the products, or the purchasing process, please contact us at the provided contact details.
SELLER (Service Provider) DATA:
Name: Piller Ábel e.v.
Registered office: 8521 Nagyacsád, Széchenyi utca 63.
Mailing address: 8521 Nagyacsád, Széchenyi utca 63.
Registration number: 61205826
Tax ID: 91467032-1-39
Registering authority: NAV
Representative: Piller Ábel
Phone number: +36 20 431 3560 (We provide phone customer service on weekdays from 9:00 AM to 3:00 PM)
E-mail: crescentbudapest@gmail.com
Website: https://www.crescent.hu
Bank account number: 10918001-00000097-77550004
HOSTING PROVIDER DATA:
Name: Shopify Inc.
Contact: support@shopify.com
Website: https://www.shopify.com
DEFINITIONS
Goods: movable property offered for sale on the Website, including goods containing digital elements.
Goods containing digital elements: movable property that incorporates or is interconnected with digital content or a digital service in such a way that the goods would not be able to perform their functions in the absence of the digital content or digital service concerned.
Digital content: data produced or provided in digital form.
Parties: Seller and Buyer jointly
Consumer: a natural person acting outside their trade, business, or profession
Consumer contract: a contract where one of the parties qualifies as a consumer
Functionality: the ability of goods containing digital elements, digital content, or a digital service to perform functions appropriate to its purpose
Manufacturer: the producer of the Goods, in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, and any person who represents themselves as the manufacturer by placing their name, trademark, or other distinguishing mark on the Goods
Interoperability: the ability of goods containing digital elements, digital content, or a digital service to interact with hardware and software different from that with which goods, digital content, or digital services of the same type are usually used
Compatibility: the ability of goods containing digital elements, digital content, or a digital service to interact, without the need for conversion, with hardware or software with which goods, digital content, or digital services of the same type are usually used
Website: this website, which serves for concluding the contract
Contract: a sales contract concluded between the Seller and the Buyer using the Website and electronic mail
Durable medium: any instrument which enables the consumer or the undertaking to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
Means of distance communication: any means which, without the simultaneous physical presence of the parties, may be used for the conclusion of a contract between those parties. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements in the press with an order form, catalogs, telephone, fax, and internet access devices
Distance contract: a consumer contract concluded within the framework of a distance sales system organized for the provision of Goods or services without the simultaneous physical presence of the parties, where, for the conclusion of the contract, the contracting parties use exclusively means of distance communication
Undertaking: a person acting within the scope of their trade, profession, or business activity
Buyer/You: the person concluding a contract by making an offer to purchase through the Website
Seller: the person concluding a contract by making an invitation to offer through the Website
Warranty: In the case of contracts concluded between a consumer and an undertaking (hereinafter: consumer contract), according to the Civil Code,
- warranty undertaken for the performance of the contract, voluntarily undertaken by the undertaking beyond or in the absence of its legal obligation for the proper performance of the contract, and
- mandatory warranty based on law
Purchase price: the consideration to be paid for the Goods and the provision of digital content.
APPLICABLE LAW
The contract is governed by Hungarian law, and in particular by the following legislation:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on certain issues of electronic commerce services and information society services
- Act V of 2013 on the Civil Code
- Government Decree 151/2003 (IX.22.) on mandatory warranty for certain durable consumer goods
- IM Decree 10/2024 (VI.28.) on the definition of durable consumer goods subject to mandatory warranty
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and undertakings
- NGM Decree 19/2014 (IV.29.) on the procedural rules for handling warranty and guarantee claims related to goods sold under a contract between a consumer and an undertaking
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on the right to informational self-determination and freedom of information
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts between consumers and undertakings for the sale of goods and the provision of digital content and digital services
SCOPE OF THE GTC
The content of the contract concluded between us – in addition to the provisions of the relevant mandatory legal regulations – is determined by these GTC. Accordingly, these GTC contain the rights and obligations of both You and us, the conditions for the conclusion of the contract, the deadlines for performance, the delivery and payment terms, the liability rules, and the conditions for exercising the right of withdrawal.
The technical information necessary for using the Website, which is not contained in these GTC, is provided by other information available on the Website.
LANGUAGE OF THE CONTRACT, FORM OF THE CONTRACT
The language of the contracts covered by these GTC is Hungarian.
The contracts covered by these GTC are not considered written contracts and are not registered by the Seller.
E-INVOICE
Our company uses electronic invoices in accordance with Section 175 of Act CXXVII of 2007. By accepting these GTC, you consent to the use of electronic invoices.
PRICES
Prices are given in HUF. The Seller is exempt from VAT for sales purposes, so the prices displayed on the website do not include VAT. The possibility that the Seller may modify prices for business policy reasons cannot be excluded. Price changes do not affect already concluded contracts. If the Seller has displayed a price incorrectly, and an order for the Goods has been received, but no contract has yet been concluded between the parties, the Seller shall proceed according to the "Procedure for incorrect price" section of the GTC.
PROCEDURE FOR INCORRECT PRICE
Clearly incorrectly displayed prices include:
- Price of 0 HUF,
- A price reduced by a discount, but incorrectly displayed compared to the correct percentage of the discount next to the correct original price (e.g., for an item priced at 1000 HUF, a 20% discount is displayed, but instead of the correct 800 HUF, an incorrect 500 HUF is offered due to a faulty calculation that does not correspond to the percentage).
In addition to the above, a price is considered clearly incorrect if the consumer could have recognized its erroneous nature with the generally expected care and circumspection in the given situation, taking into account the consumer behavior specified in Section 4 (1) of Act XLVII of 2008 on the prohibition of unfair commercial practices.
In the event of such an incorrect price display, the Seller offers the possibility of purchasing the Goods at their real price, and with this information, the Buyer can decide whether to order the Goods at their real price or not to take advantage of this opportunity, in which case no contract will be concluded between the Parties.
COMPLAINT HANDLING AND LEGAL REMEDIES
The consumer may submit claims for implied warranty, product warranty, guarantee related to the Goods, or objections (consumer complaints according to the Consumer Protection Act) aimed at eliminating individual rights or interest violations concerning the Seller's or any person acting on behalf of or for the benefit of the Seller's conduct, activity, or omission directly related to the distribution or sale of goods to consumers, through the following contact details and methods:
- In writing through the following website: https://www.crescent.hu
- In writing through the following email address: crescentbudapest@gmail.com
- In writing by post: 8521 Nagyacsád, Széchenyi utca 63.
The consumer's implied warranty, product warranty, or guarantee claim must be handled by the Seller not according to the rules for handling consumer complaints under the Consumer Protection Act, but according to separate legal regulations.
The consumer may submit their complaint under the Consumer Protection Act, which is an objection aimed at eliminating an individual right or interest violation related to the conduct, activity, or omission of the undertaking or a person acting on behalf of or for the benefit of the undertaking directly related to the distribution or sale of goods to consumers – with the exception of implied warranty, product warranty, or guarantee claims – verbally or in writing to the undertaking.
The Seller shall immediately examine the verbal complaint and remedy it as necessary. If the consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Seller shall promptly draw up a report on the complaint and its position regarding it, and hand over a copy of it to the consumer on the spot in the case of a verbal complaint communicated in person, or send it to the consumer within 30 days at the latest – in accordance with the provisions for replies to written complaints – simultaneously with the substantive reply in the case of a verbal complaint communicated by telephone or other electronic communication service. The report drawn up on the complaint must contain the following:
- the name, address, or email address of the consumer,
- the place, time, and manner of submitting the complaint,
- a detailed description of the consumer's complaint, a list of documents and other evidence presented by the consumer,
- the undertaking's statement on its position regarding the consumer's complaint, if immediate investigation of the complaint is possible,
- the signature of the person drawing up the report and – with the exception of verbal complaints communicated by telephone or other electronic communication service – the consumer's signature,
- the place and time of drawing up the report,
- in the case of a verbal complaint communicated by telephone or other electronic communication service, the unique identification number of the complaint, and
- a warning that if the consumer does not provide the data specified in points a. and c. during the drawing up of the report, or refuses to sign the report, the Seller shall disregard the application of the provisions for replying to written complaints when handling the verbal complaint.
If the consumer does not provide the data specified in points a) and c) above when making a verbal complaint, or refuses to sign the report, the undertaking is not obliged to proceed according to the provisions for replying to written complaints when handling the verbal complaint.
The Seller is obliged to respond to written complaints – unless a directly applicable legal act of the European Union provides otherwise – in writing, substantively, and in a verifiable manner within thirty days of its receipt and to take action to communicate it. The Seller is obliged to justify its position rejecting the complaint. In the event of rejecting the complaint, the Seller is obliged to inform the consumer in writing about which authority or conciliation body the consumer can initiate proceedings with – depending on the nature of their complaint. The information must also include the registered office, telephone and internet contact details, and mailing address of the competent authority or the conciliation body according to the consumer's place of residence, domicile, or registered office, and whether the Seller has made a general declaration of submission.
If the Seller provides an electronic interface or form for submitting written complaints, it is obliged to immediately confirm the receipt of the written complaint to the electronic mail address provided by the consumer.
The Seller is obliged to keep the report drawn up on the verbal complaint or the written complaint, as well as a copy of its substantive reply to the complaint, for three years and to present it to the supervisory authority upon request.
If any consumer dispute between the Seller and the consumer is not settled during negotiations, the following legal remedies are available to the consumer:
CONSUMER PROTECTION PROCEDURE
Complaints can be filed with the consumer protection authorities. If the consumer notices a violation of their consumer rights, they are entitled to file a complaint with the consumer protection authority competent for their place of residence. After evaluating the complaint, the authority decides on conducting a consumer protection procedure. The first-instance consumer protection tasks are carried out by the metropolitan and county government offices competent for the consumer's place of residence, their contact details can be found here:
Contact details of the regionally competent Consumer Protection Authorities:
Consumer Protection Department of the Budapest Capital Government Office
Address: 1117 Budapest, Prielle Kornélia utca 4/b.
E-mail: fogyasztovedelem@bfkh.gov.hu
Phone number: (1) 450-2598
Website: https://kormanyhivatalok.hu/kormanyhivatalok/budapest/megye/szervezet/fogyasztovedelmi-foosztaly
Jurisdiction: Territory of Budapest capital
Consumer Protection Department of the Pest County Government Office
Address: 1072 Budapest, Nagy Diófa u.10-12.
E-mail: fogyved@pest.gov.hu
Phone number: 06 1 459 4843
Website: https://kormanyhivatalok.hu/kormanyhivatalok/pest/megye/szervezet/fogyasztovedelmi-foosztaly
Jurisdiction: Pest County
Consumer Protection Department of the Bács-Kiskun County Government Office
Address: 6000 Kecskemét, Szent István krt. 19/A.
Mailing address: 6001 Kecskemét, Pf. 189.
E-mail: fogyasztovedelem@bacs.gov.hu
Phone number: 06 76 795 710
Website: https://kormanyhivatalok.hu/kormanyhivatalok/bacs-kiskun/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
Jurisdiction: Bács-Kiskun County
Consumer Protection Department of the Baranya County Government Office
Address: 7630 Pécs, Hengermalom u. 2.
Mailing address: 7630 Pécs, Hengermalom u. 2.
E-mail: fogyasztovedelem@baranya.gov.hu
Phone number: 06 72 795 398
Website: https://kormanyhivatalok.hu/kormanyhivatalok/baranya/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Baranya County
Consumer Protection Department of the Békés County Government Office
Address: 5600 Békéscsaba, József Attila u. 2-4.
Mailing address: 5600 Békéscsaba, József Attila u. 2-4.
E-mail: fogyved@bekes.gov.hu
Phone number: +36 66 546 150
Website: https://kormanyhivatalok.hu/kormanyhivatalok/bekes/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
Jurisdiction: Békés County
Borsod-Abaúj-Zemplén County Government Office, Consumer Protection Department
Address: 3527 Miskolc, József Attila u 20.
E-mail: fogyasztovedelem@borsod.gov.hu
Phone number: 06 46 795 779
Website: https://kormanyhivatalok.hu/kormanyhivatalok/borsod-abauj-zemplen/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi
Jurisdiction: Borsod-Abaúj-Zemplén County
Csongrád-Csanád County Government Office, Consumer Protection Department
Address: 6722 Szeged, Rákóczi tér 1.
Mailing address: 6722 Szeged, Rákóczi tér 1.
E-mail: fogyasztovedelem@csongrad.gov.hu
Phone number: 06 62 680 532
Website: https://kormanyhivatalok.hu/kormanyhivatalok/csongrad-csanad/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Csongrád-Csanád County
Fejér County Government Office, Consumer Protection Department
Address: 8000 Székesfehérvár, Honvéd utca 8.
E-mail: fogyved@fejer.gov.hu
Phone number: +36 22 501 751
Website: https://kormanyhivatalok.hu/kormanyhivatalok/fejer/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Fejér County
Győr-Moson-Sopron County Government Office, Consumer Protection Department
Address: 9022 Győr, Türr István utca. 7.
E-mail: fogyasztovedelem@gyor.gov.hu
Phone number: +36 96 795 950
Website: https://kormanyhivatalok.hu/kormanyhivatalok/gyor-moson-sopron/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Győr-Moson-Sopron County
Hajdú-Bihar County Government Office, Consumer Protection Department
Address: 4025 Debrecen, Széchenyi utca 46.
Mailing address: 4025 Debrecen, Széchenyi utca 46.
E-mail: fogyasztovedelem@hajdu.gov.hu
Phone number: 06 52 533 924
Fax: 06 52 504 105
Website: https://kormanyhivatalok.hu/kormanyhivatalok/hajdu-bihar/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Hajdú-Bihar County
Heves County Government Office, Consumer Protection Department
Address: 3300 Eger, Kossuth L. u. 9.
Mailing address: 3301 Eger, Pf. 216.
E-mail: fogyved@heves.gov.hu
Phone number: 06 (36) 515-469
Fax: 06 (36) 516-040
Website: https://kormanyhivatalok.hu/kormanyhivatalok/heves/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
Jurisdiction: Heves County
Jász-Nagykun-Szolnok County Government Office, Consumer Protection Department
Address: 5000 Szolnok, Indóház u. 8.
E-mail: jasz.fogyved@jasz.gov.hu
Phone number: 56/795-165
Website: https://kormanyhivatalok.hu/kormanyhivatalok/jasz-nagykun-szolnok/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi
Jurisdiction: Jász-Nagykun-Szolnok County
Komárom-Esztergom County Government Office, Consumer Protection Department
Address: 2800 Tatabánya, Bárdos László utca 2.
E-mail: fogyasztovedelem.meff@komarom.gov.hu
Phone number: (34) 309-303
Website: https://kormanyhivatalok.hu/kormanyhivatalok/komarom-esztergom/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es
Jurisdiction: Komárom-Esztergom County
Nógrád County Government Office, Consumer Protection Department
Address: 3100 Salgótarján, Karancs út 54.
E-mail: fogyved@nograd.gov.hu
Phone number: 06 32 511 116
Website: https://kormanyhivatalok.hu/kormanyhivatalok/nograd/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
Jurisdiction: Nógrád County
Somogy County Government Office, Consumer Protection Department
Address: 7400 Kaposvár, Vásártéri út 2.
E-mail: fogyasztovedelem@somogy.gov.hu
Phone number: 06 82 510 868
Website: https://kormanyhivatalok.hu/kormanyhivatalok/somogy/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Somogy County
Szabolcs-Szatmár-Bereg County Government Office, Consumer Protection Department
Address: 4400 Nyíregyháza, Hatzel tér 10.
Mailing address: 4401 Nyíregyháza, Pf. 77.
E-mail: fogyasztovedelem@szabolcs.gov.hu
Phone number: 06 42 500 694
Website: https://kormanyhivatalok.hu/kormanyhivatalok/szabolcs-szatmar-bereg/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es
Jurisdiction: Szabolcs-Szatmár-Bereg County
Tolna County Government Office, Consumer Protection Department
Address: 7100 Szekszárd, Kiskorzó tér 3.
E-mail: fogyasztovedelem@tolna.gov.hu
Phone number: (74) 795-385
Website: https://kormanyhivatalok.hu/kormanyhivatalok/tolna/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Tolna County
Vas County Government Office, Consumer Protection Department
Address: 9700 Szombathely, Wesselényi u. 7.
Mailing address: 9702 Szombathely, Pf. 24.
E-mail: fogyasztovedelem@vas.gov.hu
Phone number: +36/70-705-1435
Website: https://kormanyhivatalok.hu/kormanyhivatalok/vas/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
Jurisdiction: Vas County
Veszprém County Government Office, Consumer Protection Department
Address: 8200 Veszprém, Kistó utca 1.
Mailing address: 8200 Veszprém, Kistó utca 1.
E-mail: fogyasztovedelem@veszprem.gov.hu
Phone number: +36 88 550 510
Website: https://kormanyhivatalok.hu/kormanyhivatalok/veszprem/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
Jurisdiction: Veszprém County
Zala County Government Office, Consumer Protection Department
Address: 8900 Zalaegerszeg, Pintér Máté u. 22.
Mailing address: 8900 Zalaegerszeg, Pintér Máté u. 22.
E-mail: fogyasztovedelem.zala@zala.gov.hu
Phone number: +36 92 510 530
Website: https://kormanyhivatalok.hu/kormanyhivatalok/zala/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
Jurisdiction: Zala County
COURT PROCEEDINGS
The client is entitled to assert their claim arising from a consumer dispute before a court within the framework of civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
CONCILIATION BODY PROCEEDINGS
If your consumer complaint is rejected, you are entitled to turn to the Conciliation Body competent for your place of residence, domicile or registered office, or the Conciliation Body designated by you in the application. A prerequisite for initiating conciliation body proceedings is that the consumer attempts to settle the dispute directly with the concerned undertaking.
The conciliation body – unless the consumer requests a personal hearing – shall hold the hearing online by means of electronic equipment providing simultaneous audio and visual transmission without personal presence (hereinafter: online hearing).
The undertaking has a duty of cooperation in the conciliation body proceedings, within which we are obliged to send our response to the conciliation body within the deadline set by the conciliation body. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the undertaking is obliged to ensure the participation of a person authorized to conclude a settlement at the hearing. The authorized representative of the undertaking is obliged to participate online in the online hearing. If the consumer requests a personal hearing, the authorized representative of the undertaking is obliged to participate at least online in the hearing.
The Seller has not made a general declaration of submission to a conciliation body.
Further information about Conciliation Bodies is available here: https://www.bekeltetes.hu
Contact details of the regionally competent Conciliation Bodies:
Budapest Conciliation Body
Headquarters: Budapest
Jurisdiction: Budapest
Contact:
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
Mailing address: 1253 Budapest, Pf.:10.
Phone number: 06-1-488-2131
E-mail: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu
Baranya County Conciliation Body
Headquarters: Pécs
Jurisdiction: Baranya County, Somogy County, Tolna County
Contact:
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
E-mail: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu
Borsod-Abaúj-Zemplén County Conciliation Body
Headquarters: Miskolc
Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Contact:
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number: 06-46-501-091
E-mail: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu
Csongrád-Csanád County Conciliation Body
Headquarters: Szeged
Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Contact:
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62/549-392
E-mail: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu
Fejér County Conciliation Body
Headquarters: Székesfehérvár
Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County
Contact:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number: 06-22-510-310
E-mail: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu
Győr-Moson-Sopron County Conciliation Body
Headquarters: Győr
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County
Contact:
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217
E-mail: bekelteto.testulet@gymsmkik.hu
Website: bekeltetesgyor.hu
Hajdú-Bihar County Conciliation Body
Headquarters: Debrecen
Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Contact:
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52-500-710, +36 52 500 745
E-mail: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu
Pest County Conciliation Body
Headquarters: Budapest
Jurisdiction: Pest County
Contact:
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone number: 06-1-792-7881
E-mail: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu
CONCILIATION BODY PROCEEDINGS IN CASE OF PERSONS NOT QUALIFYING AS CONSUMERS
According to the consumer protection law, for the purposes of conciliation body proceedings, a consumer is defined as a civil organization, ecclesiastical legal entity, condominium, or housing cooperative acting outside its independent professional and economic activities, which buys, orders, receives, uses, or utilizes goods or is the recipient of commercial communication or an offer related to goods.
The Conciliation Body is authorized to verify and examine the existence of consumer status. The rules written under "Conciliation Body" apply to the procedural rules.
PARTIAL INVALIDITY, CODE OF CONDUCT
If any point of the GTC is legally incomplete or invalid, the other points of the contract remain valid, and the provisions of the relevant legal regulations shall apply instead of the invalid or faulty part.
The Seller does not have a code of conduct as defined by the law prohibiting unfair commercial practices against consumers.
INFORMATION ON THE ESSENTIAL CHARACTERISTICS OF THE GOODS
Information on the essential characteristics of the Goods available for purchase on the website is provided in the descriptions for each product.
CORRECTION OF DATA ENTRY ERRORS - RESPONSIBILITY FOR THE AUTHENTICITY OF THE PROVIDED DATA
During the ordering process, you have the continuous opportunity to modify the data you have entered before finalizing the order (by clicking the back button in the browser, the previous page opens, so the entered data can be corrected even if you have already moved to the next page). We draw your attention to the fact that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provide. We draw your attention to the fact that an incorrectly provided email address or a full mailbox may result in the failure of the confirmation delivery and prevent the contract from being concluded. If the Buyer has finalized their order and discovers an error in the provided data, they must initiate a modification of their order as soon as possible. The Buyer can signal the modification of an erroneous order to the Seller by sending an email from the email address provided during the order or by calling by phone.
USE OF THE WEBSITE
Purchasing does not require registration.
The website provides Users with product presentation and online ordering facilities. Users can browse the website using the menu items. The Goods are categorized. All discounted Goods available in the store can be found in the "Discounted Goods" category. For each Good, the start and end date of the promotion, or the start date and "while stocks last" notification, are individually displayed. In the "More for Less" menu, you will find Goods for which the store offers a quantity discount if multiple items are ordered. The "New Arrivals" menu displays newly added Goods to the website's offerings. Clicking on the category name will show a list of the Goods within that category. If all Goods in a given category do not fit on one page, you can browse using the numbers above and below the Goods. The detailed Good page can be accessed from the Good list by clicking on the Good's name, where you can find detailed information about the characteristics and price of the Good you wish to order. The website also allows you to search for Goods by keyword. Goods matching the search criteria will be displayed in a list similar to categories. The selected Good can be placed in the cart using the "Add to Cart" button, and the required quantity can be set next to the button. The User can check the contents of their cart using the "Cart" menu item. Here, they can modify the quantity of the Good placed in the cart or delete the item. The "Empty Cart" button allows for the entire cart to be emptied. The User can continue the purchasing process by clicking on the "Order" button. As a second step, it is possible to log in, register, or make a purchase without registration. For registration and purchases without registration, the User must provide the following information: e-mail address, name, phone number, billing address, and a different shipping address if applicable. For registration, a password is also required in addition to the above information. The User will be informed about successful registration by e-mail and on the website. The User can request the deletion of their registration from the Service Provider by e-mail; in this case, they must re-register for a new purchase. The User is responsible for keeping their access data confidential. The User is responsible for updating their data and is obliged to notify the Service Provider if they become aware that a third party has misused their data. In case of a forgotten password, a new password can be requested on the website to the registered e-mail address. If the User has previously registered on the website, the ordering process can be continued by entering their e-mail address and password. As the next step of the order, the User must select the appropriate payment and shipping method. The User can check all previously provided data, the Goods to be ordered, and their quantity on a summary page. In case of data entry errors, the provided data can be corrected using the pencil icon. If everything is found to be correct, the order can be finalized using the "Submit Order" button. Confirmation will be received on the website and by e-mail. If incorrect data is detected after the order has been recorded (e.g., in the confirmation e-mail), it must be reported to the Service Provider without delay, but no later than within 24 hours. Regardless of the intention to order, the User can log in using the "Customer Login" window or the "Login" menu item. After logging in, a "Modify Data" menu item will appear, where the User can modify the data provided during registration, and track the details and status of their placed orders.
FINALIZATION OF THE ORDER (OFFER)
If you are convinced that the content of the cart matches the Goods you wish to order, and your data is correct, you can finalize your order by clicking on the "Order" button. The information published on the website does not constitute an offer by the Seller to conclude a contract. In the case of orders falling under the scope of these GTC, you are considered the offeror. By clicking the "Order" button, you expressly acknowledge that your offer shall be deemed to have been made, and your declaration - in case of confirmation by the Seller according to these GTC - entails a payment obligation. The Seller is obliged to immediately confirm the receipt of your order to the Buyer electronically. If this confirmation does not reach the Buyer within a reasonable period, depending on the nature of the service, but no later than 48 hours from the sending of the Buyer's order, the Buyer is released from the offer's binding nature or contractual obligation.
ORDER PROCESSING, FORMATION OF THE CONTRACT
You have the option to place an order at any time. The Seller will confirm your offer by e-mail no later than 48 hours after your offer has been sent. The contract is concluded when the confirmation e-mail sent by the Seller becomes accessible to you in your e-mail system.
PROCEDURE FOR UNCOLLECTED PACKAGES
If the Buyer does not collect the ordered and delivered Goods and also does not notify the Seller of their intention to withdraw within 14 days without justification as permitted by law, they breach their contract with the Seller, under which they are obliged to collect the Goods and thereby accept the Seller's performance. In this case, the Seller will attempt to redeliver the Goods if this can be arranged with the Buyer, but may make the redelivery conditional on the payment of a delivery fee. If redelivery is unsuccessful, or cannot be arranged with the Buyer because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract with the Buyer with immediate effect due to the breach of contract and to claim twice the delivery fee payable by the consumer as a penalty from the Buyer. The parties accept the use of the e-mail address used by the Buyer at the time of order as the form of communication for terminating the contract and record that the time of notification of termination is the time when the termination letter becomes accessible in the Buyer's e-mail account.
For the interpretation of this contract, a breach of contract shall be deemed to occur when the Buyer does not collect the Product they ordered, and also does not notify the Company of their intention to withdraw.
After an order is placed on the Website, a sales contract is concluded electronically between the Company and the Consumer (Buyer). Under this contract, the Consumer (Buyer) is obliged to pay the purchase price, take delivery of the item, and cooperate with the Company and inform it of all material circumstances related to the performance of the contract (Ptk. 6:215. § and Ptk. 6:62. (1) §).
If the Buyer does not collect the ordered Product, the Company may choose to:
- terminate the contract with immediate effect, or
- attempt to deliver the Product a third or fourth time, if the second delivery attempt was also unsuccessful and/or the Buyer did not cooperate.
The Company reserves the right to claim the unsuccessful delivery and return costs described above as a penalty from the Buyer.
If the Buyer has previously failed to collect the ordered Product at least twice (except for exercising the right of withdrawal), or the Product has been returned to the Company with a "not sought" notification, the Company may make the fulfillment of the order conditional on the advance payment of the purchase price and delivery costs. The Company has the right to withhold the handover of the Product(s) until it has ascertained that the Buyer has successfully paid the price of the Product using the electronic payment solution. The Company will ask the Buyer to supplement the purchase price if the price of the Product has not been paid in full.
PAYMENT METHODS
CASH ON DELIVERY (+590 HUF)
If you wish to settle the value of your order upon receipt of the package, please select the "Cash on Delivery" payment method. Cash on delivery payments incur a handling fee: GLS home delivery, Parcel Point and Parcel Locker: HUF 590.
ONLINE BANK CARD PAYMENT
You can pay quickly and securely by bank card in our webshop. This payment option is provided by the Shopify Payments system.
COLLECTION METHODS, COLLECTION FEES
GLS PARCEL POINT
GLS Parcel Points are located in easily accessible places, allowing customers to collect their orders conveniently and according to their own schedule. (For example, in shopping centers, petrol stations, bookstores, or other busy shops.) Most collection points have long opening hours, even on weekends, for customers wishing to collect or send parcels. GLS sends an email or SMS notification to the recipient about the delivery of the goods. The customer can collect the parcel within 5 working days, at any time, taking into account the opening hours of the GLS Parcel Point.
The fee for this shipping method is HUF 1290.
GLS PARCEL LOCKER
The fee for this shipping method is HUF 1290.
GLS COURIER SERVICE
The Goods are delivered by GLS courier service.
The fee for this shipping method is HUF 1590.
More information can be found here: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
For orders over HUF 20,000, all shipping methods are provided free of charge to our customers.
PERFORMANCE DEADLINE
In the case of a Buyer who is a consumer, in the absence of a different agreement between the Parties, the Seller is obliged to make the Goods available to the Buyer without delay, but no later than thirty days after the conclusion of the contract.
Based on the above, the general performance deadline for orders is a maximum of 10 days from the confirmation of the order. The Seller provides information on any possibly different (but not longer than 30 days) performance deadline for each shipping method.
In case of delay by the Seller, the Buyer is entitled to proceed against the Seller according to Act V of 2013 on the Civil Code.
RESERVATION OF RIGHTS, RETENTION OF TITLE
If you have previously ordered Goods and did not collect them during delivery (excluding cases where you exercised your right of withdrawal), or if the Goods were returned to the seller with a "not sought" notification, the Seller will fulfill the order subject to advance payment of the purchase price and shipping costs. The Seller may withhold the handover of the Goods until it is satisfied that the payment for the Goods has been successfully made using the electronic payment solution. If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
SALES ABROAD - PROHIBITION OF GEO-BLOCKING
The Seller does not differentiate between customers using the Website within and outside the territory of Hungary, within the European Union, i.e., it does not restrict customers' access to the website based on their nationality, place of residence, or establishment. Unless otherwise provided in these GTC, the Seller only ensures the delivery/collection of ordered Goods within the territory of Hungary.
The language of communication and purchase is primarily Hungarian; the Seller is not obliged to communicate with the customer in the language of the customer's Member State.
The Seller is not obliged to comply with extra-contractual requirements specified in the national law of the customer's Member State regarding the Goods concerned, such as labeling or sector-specific requirements, or to inform the customer about these requirements.
The Seller provides the same delivery options available to Hungarian customers to non-Hungarian customers for the handover of the Goods.
If the customer can request the delivery of the Goods to the territory of Hungary according to the GTC, a non-Hungarian customer can also request this using any of the shipping methods indicated in the GTC.
The Seller will fulfill the order after payment of the shipping fee indicated in the GTC; if the customer does not pay the shipping fee to the Seller, the Seller will terminate the contract and refund the pre-paid purchase price to the customer.
CONSUMER INFORMATION
- Consumer information
- Right of withdrawal
- Warranty rights
INFORMATION ON THE CONSUMER'S RIGHT OF WITHDRAWAL
According to Section 8:1 (1) 3. of the Civil Code, a consumer is only a natural person acting outside the scope of their profession, independent occupation, or business activity, therefore legal entities cannot exercise the right of withdrawal without justification! The consumer is entitled to the right of withdrawal without justification according to Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise their right of withdrawal:
a) in the case of a contract for the sale of Goods
aa) of the Good,
ab) in the case of the sale of several Goods, if the delivery of individual Goods occurs at different times, of the last delivered Good,
ac) in the case of Goods consisting of several items or pieces, of the last delivered item or piece,
ad) if the Good is to be delivered regularly over a specified period, of the first delivery,
within the deadline calculated from the day of receipt by the consumer or a third party designated by them, other than the carrier, which deadline is 14 calendar days.
The provisions of this point do not affect the consumer's right to exercise the right of withdrawal specified in this point during the period between the day of concluding the contract and the day of receiving the Good.
If the consumer made an offer to conclude the contract, the consumer is entitled to withdraw the offer before the conclusion of the contract, which terminates the binding nature of the offer extending to the conclusion of the contract.
If the Seller has not informed the consumer about the deadline and other conditions for exercising the right of withdrawal (especially those contained in Section 22 of the Gov. Decree), and the model declaration according to Annex 2, the aforementioned withdrawal period is extended by 12 months. If the Seller provided the consumer with information regarding the exercise of the right of withdrawal within 12 months after the expiry of the withdrawal period, the deadline for withdrawal or termination expires on the 14th day following the communication of this information.
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses is available here.
DECLARATION OF WITHDRAWAL, EXERCISE OF THE CONSUMER'S RIGHT OF WITHDRAWAL OR TERMINATION
The consumer may exercise their right provided for in Section 20 of Government Decree 45/2014 (II. 26.) by means of an unambiguous declaration to that effect, or by using the model declaration downloadable from the website.
VALIDITY OF THE CONSUMER'S DECLARATION OF WITHDRAWAL
The right of withdrawal shall be deemed to have been exercised within the deadline if the consumer sends their declaration within the deadline.
In the case of written withdrawal or termination, it is sufficient to send the declaration of withdrawal or termination within the deadline.
The consumer bears the burden of proving that they exercised the right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's declaration of withdrawal on an electronic data carrier upon its arrival.
SELLER'S OBLIGATIONS IN CASE OF CONSUMER WITHDRAWAL
SELLER'S REFUND OBLIGATION
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the full amount paid by the consumer as consideration, including costs incurred in connection with the performance, such as the shipping fee, no later than fourteen days after becoming aware of the withdrawal. Please note that this provision does not apply to additional costs incurred due to the choice of a shipping method other than the least costly standard shipping method.
METHOD OF SELLER'S REFUND OBLIGATION
In the case of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer in the same manner as the payment method used by the consumer. Based on the express consent of the consumer, the Seller may also use another payment method for the refund, but the consumer shall not be charged any additional fee arising therefrom. The Seller is not liable for delays due to incorrectly and/or inaccurately provided bank account number or postal address by the Consumer.
ADDITIONAL COSTS
If the consumer expressly chooses a shipping method other than the least expensive standard shipping method, the Seller is not obliged to refund the additional costs arising therefrom. In such a case, our refund obligation extends to the general shipping fees indicated.
RIGHT OF RETENTION
The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or has unequivocally proven that they have sent them back; the earlier of the two dates shall be taken into account. We are unable to accept consignments sent cash on delivery or with postage due.
CONSUMER'S OBLIGATIONS IN CASE OF WITHDRAWAL OR TERMINATION
RETURN OF GOODS
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return the Goods without delay, but no later than fourteen days from the notification of withdrawal, or to hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return shall be deemed to have been made within the deadline if the consumer sends the Goods before the expiry of the deadline.
BEARING DIRECT COSTS OF RETURNING THE GOODS
The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller's address. If the Seller also sells the Goods in a physical store, and the consumer exercises their right of withdrawal in person at the business premises, they are entitled to return the goods to the business at the same time. If the consumer terminates a contract concluded off-premises or at a distance for the provision of services after the commencement of performance, they are obliged to pay the business a proportional fee for the service performed up to the time of notification of termination to the business. The amount to be paid proportionally by the consumer must be determined based on the total amount of consideration, including tax, as specified in the contract. If the consumer proves that the total amount determined in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the termination of the contract. Please note that we are unable to accept Goods returned cash on delivery or with postage due.
CONSUMER'S RESPONSIBILITY FOR DEPRECIATION
The consumer is responsible for the depreciation resulting from use exceeding what is necessary to determine the nature, characteristics, and functioning of the Product.
RIGHT OF WITHDRAWAL CANNOT BE EXERCISED IN THE FOLLOWING CASES
The Seller expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases specified in Section 29 (1) of Government Decree 45/2014 (II.26.):
- after the complete performance of the service, however, if the contract creates a payment obligation for the consumer, this exception can only be invoked if the performance commenced with the consumer's express prior consent and with the consumer's acknowledgment that they will lose their right of withdrawal once the business has fully performed the contract;
- in respect of a Product or service the price or fee of which depends on fluctuations in the financial market beyond the Seller's control, even within the time limit set for exercising the right of withdrawal;
- for a non-prefabricated Product which has been manufactured according to the consumer's instructions or express request, or for a Product which has been clearly customized for the consumer;
- for perishable goods or goods with a short shelf-life;
- for sealed goods which cannot be returned after opening for health protection or hygiene reasons (Please note that in the case of sealed goods which cannot be returned after opening for health protection or hygiene reasons, use exceeding what is necessary to determine the nature, characteristics, and functioning of the Product results in the loss of the right of withdrawal.);
- for goods which, by their nature, become inseparably mixed with other goods after delivery;
- for alcoholic beverages whose actual value depends on market fluctuations beyond the Seller's control and whose price was agreed upon by the parties at the time of concluding the sales contract, but the performance of the contract takes place only after the thirtieth day following its conclusion;
- in the case of a contract for work where the business visits the consumer at the consumer's express request for urgent repair or maintenance work;
- for the sale of sealed audio or video recordings or computer software, if the consumer has opened the packaging after delivery;
- for newspapers, periodicals, and magazines, with the exception of subscription contracts;
- in the case of contracts concluded at a public auction;
- in the case of a contract for the provision of accommodation, transport, car rental, catering, or services related to leisure activities, with the exception of housing services, if a specific date or period for performance has been stipulated in the contract;
- for digital content not provided on a tangible medium, if the Seller has commenced performance with the consumer's express prior consent, and the consumer, at the same time as giving this consent, acknowledged that they would lose their right of withdrawal after the commencement of performance, and the business sent a confirmation to the consumer.
In the case of perfumes sold by the Seller, the consumer cannot exercise the right of withdrawal under Section 20 of Government Decree 45/2014 (II.26.) after opening the packaging, given that these products are considered sealed goods which cannot be returned after opening the packaging for health protection or hygiene reasons, in accordance with Section 29 (1) e) of Government Decree 45/2014 (II.26.).
INFORMATION ON PRODUCT WARRANTY, WARRANTY OF FITNESS FOR PURPOSE, AND GUARANTEE FOR CONSUMER CONTRACTS REGARDING THE CONFORMITY OF GOODS
This section of the consumer information has been prepared based on the authorization of Section 11 (5) of Government Decree 45/2014 (II.26.) and taking into account Annex 3 of Government Decree 45/2014 (II.26.).
The Consumer Information applies exclusively to Buyers who qualify as consumers; the rules applicable to non-consumer buyers are set out in a separate chapter.
REQUIREMENTS FOR CONTRACTUAL PERFORMANCE IN THE CASE OF CONSUMER CONTRACTS
GENERAL REQUIREMENTS FOR CONTRACTUAL PERFORMANCE IN THE CASE OF GOODS SOLD UNDER A CONSUMER CONTRACT
The Product and the performance must comply with the requirements set out in Government Decree 373/2021 (VI.30.) at the time of performance.
For the performance to be considered contractual, the Product that is the subject of the contract must
- comply with the description, quantity, quality, and type specified in the contract, and must have the functionality, compatibility, interoperability, and other characteristics specified in the contract
- be suitable for any purpose specified by the consumer which the consumer brought to the Seller's attention no later than at the time of concluding the contract and which the Seller accepted
- have all accessories, instructions for use - including installation instructions, setup instructions, and customer support - specified in the contract, and
- provide the updates specified in the contract.
For the performance to be considered contractual - furthermore - the Product that is the subject of the contract must
- be suitable for the purposes prescribed by law, technical standard, or, in the absence of a technical standard, the applicable code of conduct for goods of the same type
- have the quantity, quality, performance, and other characteristics reasonably expected by the Consumer - especially in terms of functionality, compatibility, accessibility, continuity, and safety - which are customary for goods of the same type, taking into account any public statement by the Seller, its representative, or another person involved in the sales chain regarding the specific properties of the Product - especially in advertisements or on labels
- have the accessories and instructions reasonably expected by the consumer - including packaging and installation instructions - and
- comply with the properties and description of the Product presented as a sample, model, or made available as a trial version by the business before concluding the contract.
The Product does not have to comply with the above public statement if the Seller proves that
- they were unaware of the public statement and were not expected to be aware of it
- the public statement was already corrected in an appropriate manner by the time the contract was concluded, or
- the public statement could not have influenced the entitled person's decision to conclude the contract.
SPECIFIC REQUIREMENTS FOR CONTRACTUAL PERFORMANCE IN THE CASE OF GOODS CONTAINING DIGITAL ELEMENTS
In the case of goods containing digital elements, the Seller must ensure that the consumer receives notifications of updates to the digital content of the goods or related digital services - including security updates - which are necessary to maintain the conformity of the goods, and must ensure that the consumer also receives them.
The Seller must make the update available, if the sales contract
- provides for a one-time provision of digital content or digital service, then this should be for a period reasonably expected by the consumer based on the type and purpose of the goods and digital elements, as well as the individual circumstances and nature of the contract; or
- provides for the continuous provision of digital content over a specified period, then for continuous services not exceeding two years, this should be for a period of two years from the performance of the goods.
If the consumer does not install the provided updates within a reasonable period, the Seller is not responsible for the defect in the goods if it results solely from the lack of application of the relevant update, provided that
- the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
- the consumer's failure to install the update or incorrect installation of the update by the consumer is not attributable to deficiencies in the installation instructions provided by the Seller.
No defective performance can be established if, at the time of concluding the contract, the consumer received separate information that a specific property of the goods differs from those described here, and the consumer separately and expressly accepted this difference at the time of concluding the sales contract.
REQUIREMENTS FOR CONTRACTUAL PERFORMANCE IN THE CASE OF DIGITAL CONTENT SOLD UNDER A CONSUMER CONTRACT
The Seller provides the digital content to the consumer. Unless otherwise agreed by the parties, the Seller provides the digital content to the consumer without undue delay after the conclusion of the contract, in the latest version available at the time of concluding the contract.
The service is considered performed when the digital content or any solution necessary for or capable of downloading it has been delivered to the consumer or to a physical or virtual device chosen by the consumer for this purpose.
The Seller must ensure that the consumer receives notifications of updates to the digital content - including security updates - which are necessary to maintain the conformity of the digital content or digital service, and also receives them.
If, based on the contract, the digital content is provided continuously for a specified period, the conformity of the digital content must be ensured throughout the entire contract period.
If the consumer does not install the updates provided by the Seller within a reasonable period, the Seller is not responsible for the defect in the service if it results solely from the lack of application of the relevant update, provided that
- the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
- the consumer's failure to install the update or incorrect installation of the update by the consumer is not attributable to deficiencies in the installation instructions provided by the Seller.
No defective performance can be established if, at the time of concluding the contract, the consumer received separate information that a specific property of the digital content differs from the requirements defined here, and the consumer separately and expressly accepted this difference at the time of concluding the contract.
The Seller performs defectively if the defect in the digital content service results from its improper integration into the consumer's digital environment, provided that
- the integration of the digital content was carried out by the Seller, or was carried out under the Seller's responsibility; or
- the digital content needs to be integrated by the consumer, and the improper integration was caused by deficiencies in the integration instructions provided by the Seller.
If the contract provides for the continuous provision of digital content or digital service for a specified period, the Seller is responsible for defects related to the digital content if the defect occurs or becomes discoverable within the period specified in the contract.
If the contract provides for a one-time service or a series of individual service acts, it shall be presumed until proven otherwise that a defect discovered by the consumer within one year from the date of performance already existed at the time of performance. However, the Seller does not perform defectively if they prove that the consumer's digital environment is not compatible with the technical requirements of the digital content or digital service, and they clearly and comprehensibly informed the consumer about this before concluding the contract.
The consumer is obliged to cooperate with the Seller so that the Seller - using technically available means that require the least intervention from the consumer - can ascertain whether the cause of the defect is the consumer's digital environment. If the consumer fails to comply with this cooperation obligation, after the Seller has clearly and comprehensibly informed them about this obligation before concluding the contract, the burden of proof rests with the consumer to show that
- the defect discovered within one year after performance already existed at the time of performance, or
- the service affected by a defect discovered during the contract period was not in conformity with the contract during the period of contractual performance of the service.
DEFECTIVE PERFORMANCE OF A CONTRACT FOR THE SALE OF GOODS
The Seller performs defectively if the defect in the goods results from improper installation, provided that
a) the installation is part of the sales contract and was carried out by the Seller or under the Seller's responsibility; or
b) the installation was to be carried out by the consumer, and the improper installation is a consequence of deficiencies in the installation instructions provided by the Seller - or, in the case of goods containing digital elements, by the provider of digital content or digital services.
If, according to the sales contract, the goods are installed by the Seller, or the installation is carried out under the Seller's responsibility, performance shall be deemed completed by the Seller when the installation is completed.
In the case of goods containing digital elements, if the sales contract provides for the continuous provision of digital content or digital services for a specified period, the Seller is responsible for defects related to the digital content of the goods if the defect occurs or becomes discoverable within two years from the performance of the goods in the case of continuous services not exceeding two years; or throughout the entire period of continuous service in the case of continuous services exceeding two years.
WARRANTY OF FITNESS FOR PURPOSE
IN WHAT CASES CAN YOU EXERCISE YOUR RIGHT TO A WARRANTY OF FITNESS FOR PURPOSE?
In the event of defective performance by the Seller, you may assert a claim for warranty of fitness for purpose against the Seller in accordance with the Civil Code and, in the case of a consumer contract, Government Decree 373/2021 (VI.30.).
WHAT RIGHTS DO YOU HAVE BASED ON YOUR CLAIM FOR WARRANTY OF FITNESS FOR PURPOSE?
You may - at your choice - assert the following claims for warranty of fitness for purpose:
You may request repair or replacement, unless fulfilling the claim you chose is impossible or would involve disproportionate additional costs for the Seller compared to fulfilling another claim. If you have not requested, or could not have requested, repair or replacement, you may request a proportionate reduction of the consideration, or - as a last resort - you may withdraw from the contract.
You may switch from one chosen warranty right to another, but you will bear the cost of switching, unless it was justified or the Seller caused it.
In the case of a consumer contract, it shall be presumed until proven otherwise that a defect discovered within one year from the date of performance of the goods and goods containing digital elements already existed at the time of performance of the goods, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
The Seller may refuse to bring the goods into conformity if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value of the goods in their faultless state and the severity of the breach of contract.
The consumer is also entitled - proportionate to the severity of the breach of contract - to demand a proportionate reduction of the consideration or to terminate the sales contract if
- the Seller has not carried out the repair or replacement, or has carried it out but has not fully or partially complied with the following conditions
- the Seller must ensure the return of the replaced goods at their own expense
- if repair or replacement necessitates the removal of goods that were installed in accordance with the nature and purpose of the goods - before the defect became discoverable - then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of removal and installation.
- the Seller has refused to bring the goods into conformity
- a repeated defect in performance has occurred, despite the Seller's attempt to bring the goods into conformity
- the defect in performance is so serious that it justifies an immediate price reduction or immediate termination of the sales contract, or
- the Seller has not undertaken to bring the goods into conformity, or it is evident from the circumstances that the business will not bring the goods into conformity within a reasonable period or without causing significant detriment to the consumer.
If the consumer wishes to terminate the sales contract by reason of defective performance, the burden of proving that the defect is insignificant rests with the Seller.
The Consumer is entitled to withhold the remaining part of the purchase price - proportionate to the severity of the breach of contract - in whole or in part until the Seller complies with its obligations regarding contractual performance and defective performance.
A generally applicable rule is that:
- the Seller must ensure the return of the replaced goods at their own expense
- if repair or replacement necessitates the removal of goods that were installed in accordance with the nature and purpose of the goods - before the defect became discoverable - then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of removal and installation.
The reasonable period for carrying out the repair or replacement of the Product shall be calculated from the date when the Consumer notified the business of the defect.
The consumer must make the Product available to the business for the purpose of repair or replacement.
The reduction of the consideration is proportionate if its amount corresponds to the difference between the value of the goods the Consumer would have received in the case of contractual performance and the value of the goods actually received by the Consumer.
The Consumer's right to warranty of fitness for purpose to terminate the sales contract can be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.
If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist with respect to those, the Consumer may terminate the sales contract only with respect to the defective goods, but may also terminate it with respect to any other goods acquired together with them, if it cannot reasonably be expected of the Consumer to keep only the conforming goods.
If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then
- the Consumer must return the affected goods to the Seller at the Seller's expense, and
- the Seller must immediately refund to the Consumer the purchase price paid for the affected goods, as soon as the goods or proof of their return has been received.
The Seller is obliged to draw up a record of the warranty claim reported to him by the consumer and to provide a copy of it to the consumer without delay, in a verifiable manner.
If the Seller as a business cannot comment on the feasibility of the consumer's warranty claim at the time of its notification, it must inform the consumer of its position - in case of rejection of the claim, of the reasons for the rejection and of the possibility of turning to the conciliation body - within five working days, in a verifiable manner.
The Seller must endeavor to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds fifteen days, the Seller as a business is obliged to inform the consumer of the expected duration of the repair or replacement.
WITHIN WHAT DEADLINE CAN YOU ENFORCE YOUR WARRANTY CLAIM?
You are obliged to report the defect immediately after its discovery. A defect reported within two months of its discovery shall be deemed to have been reported without delay. However, please note that you can no longer enforce your warranty rights beyond the two-year limitation period from the performance of the contract.
The part of the repair period during which the Buyer cannot use the Goods as intended shall not be included in the limitation period.
For the part of the Goods affected by replacement or repair, the limitation period for the warranty claim restarts. This rule shall also apply in cases where a new defect arises as a result of the repair.
AGAINST WHOM CAN YOU ENFORCE YOUR WARRANTY CLAIM?
You can enforce your warranty claim against the Seller.
WHAT OTHER CONDITIONS ARE THERE FOR ENFORCING YOUR WARRANTY RIGHTS?
Within one year of performance, there are no other conditions for enforcing your warranty claim beyond reporting the defect, if you prove that the Goods were provided by the Seller. However, after one year from performance, you are obliged to prove that the defect you identified already existed at the time of performance.
SPECIFIC RULES FOR WARRANTY CLAIMS IN THE CASE OF DIGITAL CONTENT SERVICES
The consumer is also entitled - proportionate to the severity of the breach of contract - to demand a proportionate reduction of the consideration or to terminate the contract for the provision of digital content if
- repair or replacement is impossible, or would result in disproportionate additional costs for the Seller;
- if the Seller, when exercising the warranty right to repair or replace, fails to make the performance compliant with the contract free of charge within a reasonable time from the consumer's notification of the defect - without significant inconvenience to the consumer, taking into account the nature and purpose of the digital content or digital service;
- a performance defect has occurred repeatedly, despite the business attempting to make the goods compliant with the contract;
- the defect in performance is so severe that it justifies an immediate price reduction or immediate termination of the contract; or
- the Seller has not undertaken to make the service compliant with the contract, or it is clear from the circumstances that the business will not make the service compliant with the contract within a reasonable period or without significant detriment to the consumer.
When exercising the warranty right to repair or replace, the Seller is obliged to make the performance compliant with the contract free of charge within a reasonable time from the consumer's notification of the defect - without significant inconvenience to the consumer, taking into account the nature and purpose of the digital content or digital service.
When exercising the warranty right to repair or replace, the Seller may choose the method of making the digital content compliant with the contract, depending on the technical characteristics of the digital content.
The reduction of the consideration is proportionate if its amount equals the difference between the value of the service due to the consumer in the case of compliant performance and the value of the service actually provided to the consumer.
If the contract provides for continuous service provided for a specified period, the proportionate reduction of the consideration must apply to the period during which the service was not compliant with the contract.
If the consumer wishes to terminate the contract citing defective performance, the burden of proof that the defect is minor rests with the Seller.
If the Seller provides digital content or undertakes to do so, and the consumer provides only personal data, or undertakes to provide such data to the Seller, the consumer is entitled to terminate the contract even in the presence of a minor defect, but cannot claim a proportionate reduction of the consideration.
The consumer's warranty right to terminate the contract may be exercised by a legal declaration expressing the decision to terminate, addressed to the Seller.
If the Seller fails to perform, the consumer must call on the Seller to perform. If, despite the consumer's call, the Seller fails to provide or supply the digital content without delay or within an additional deadline agreed upon by the parties, the consumer may terminate the contract.
The consumer may terminate the contract without calling on the Seller to perform if
- the Seller has not undertaken to provide the digital content, or it is clear from the circumstances that it will not provide the digital content; or
- based on the agreement of the parties or the circumstances of the contract, it is clear that performance at a specific time is essential for the consumer, and the Seller fails to do so.
In case of termination of the contract, the Seller is obliged to refund the full amount paid by the consumer as consideration.
However, if the performance was compliant with the contract for a specified period before the termination of the contract, the consideration due for this period does not have to be refunded. In the latter case, the part of the consideration relating to the period of non-compliant performance must be refunded, as well as the consideration paid in advance by the consumer which would have been due for the remaining period of the contract if the contract had not been terminated.
If the consumer is entitled to a proportionate reduction of the consideration or to terminate the contract, the Seller is obliged to fulfill its refund obligation without delay, but no later than fourteen days from becoming aware of the exercise of this right.
The business refunds the amount due to the consumer using the same payment method as used by the consumer. Based on the consumer's express consent, the Seller may also use another payment method for the refund, but the consumer shall not be charged any additional fee as a result.
The costs associated with the refund shall be borne by the Seller.
In case of termination of the contract, the Seller may prevent the consumer from continuing to use the digital content, in particular by making the digital content or digital service inaccessible to the consumer, or by blocking the consumer's user account.
In case of termination of the contract, the consumer is obliged to refrain from using the digital content and making it available to third parties.
If the digital content was provided on a physical data carrier, the consumer is obliged to return the physical data carrier without delay at the Seller's expense, at the Seller's request communicated within fourteen days from becoming aware of the termination.
The consumer is obliged to pay a fee for the use of the digital content for the period preceding the termination of the contract, proportionate to the service performed in accordance with the contract.
PRODUCT WARRANTY
IN WHAT CASES CAN YOU EXERCISE YOUR PRODUCT WARRANTY RIGHT?
In case of a defect in a movable item (Goods), you can - at your choice - enforce a warranty claim or a product warranty claim according to the rules of the Civil Code.
WHAT RIGHTS ARE YOU ENTITLED TO BASED ON YOUR PRODUCT WARRANTY CLAIM?
As a product warranty claim, you can request the repair or replacement of the defective Goods.
IN WHAT CASES IS THE PRODUCT CONSIDERED DEFECTIVE?
The goods are defective if they do not meet the quality requirements in force at the time of their placing on the market, or if they do not have the characteristics specified in the description provided by the manufacturer.
WITHIN WHAT DEADLINE CAN YOU ENFORCE YOUR PRODUCT WARRANTY CLAIM?
You can enforce your product warranty claim within two years from the placing of the Goods on the market by the manufacturer. After this deadline, you lose this right.
AGAINST WHOM CAN YOU ENFORCE YOUR PRODUCT WARRANTY CLAIM?
You can exercise your product warranty rights against the producer or distributor of the product (hereinafter together: manufacturer).
WHAT RULES OF PROOF APPLY WHEN ENFORCING A PRODUCT WARRANTY CLAIM?
When enforcing a product warranty claim, you must prove that the product defect existed at the time of its placing on the market by the manufacturer.
IN WHAT CASES IS THE MANUFACTURER EXEMPTED FROM ITS PRODUCT WARRANTY OBLIGATION?
The manufacturer is exempt from its product warranty obligation if it can prove that:
- it did not produce or place the Goods on the market within its business activity, or
- the defect was not discoverable according to the state of scientific and technical knowledge at the time of placing on the market, or
- the defect in the Goods resulted from the application of a legal regulation or a mandatory official regulation.
The manufacturer only needs to prove one reason for exemption.
Please note that you can enforce a warranty claim against the business and a product warranty claim against the manufacturer simultaneously and in parallel for the same defect. In the event of a successful enforcement of your product warranty claim, you can only enforce your warranty claim for the replaced product or the repaired part of the product against the manufacturer thereafter.
GUARANTEE
The Seller does not sell products subject to guarantee, the products sold by it are not covered by Government Decree 151/2003 (IX.22.) on the mandatory guarantee for certain durable consumer goods.
INFORMATION ON PRODUCT WARRANTY AND DEFECT WARRANTY FOR CUSTOMERS WHO ARE NOT CONSUMERS REGARDING THE CONFORMITY OF GOODS
GENERAL RULES FOR DEFECT WARRANTY RIGHTS
A Buyer who is not a consumer may - at their choice - exercise the following defect warranty claims:
You may request repair or replacement, unless the fulfillment of the claim chosen by you is impossible or would result in disproportionate additional costs for the Seller compared to the fulfillment of your other claim. If you did not request or could not request repair or replacement, you may demand a proportionate reduction of the consideration, or the Buyer may repair the defect at the Seller's expense, or have it repaired by someone else, or - as a last resort - withdraw from the contract.
You may switch from your chosen defect warranty right to another, but you bear the cost of the switch, unless it was justified or caused by the Seller.
In the case of non-consumer buyers, the deadline for enforcing the defect warranty right is 1 year, starting from the day of performance (handover).
PRODUCT WARRANTY AND GUARANTEE
Product warranty and mandatory guarantee apply only to buyers who are consumers.
If the manufacturer provides a manufacturer's guarantee for the Goods that also extends to non-consumer buyers, it can be enforced directly with the manufacturer.
COPYRIGHTS
Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), the website qualifies as a copyrighted work, thus all its parts are protected by copyright. Pursuant to Section 16 (1) of the Copyright Act, the unauthorized use of graphical and software solutions, computer programs found on the website, or the use of any application that can modify the website or any part thereof, is prohibited. Any material from the website and its database may only be taken over with the written consent of the copyright holder, with reference to the website and indication of the source. The copyright holder: Piller Ábel e.v.