GENERAL TERMS AND CONDITIONS (GTC)
musherdog.com – Effective from this date: 23/10/2021
Welcome to our website. Thank you for entrusting us with your purchase!
If you have questions about these terms and conditions, the use of the website, the specific products, the way you purchase, or if you would like to discuss a specific claim with us, please contact us at the contact details provided.
Impressum: Details of the supplier (Seller, Company)
Name: Dog Gear Kft.
Registered office: 2230 Gyömrő, Deák Ferenc u. 9.
Mailing Address: 2230 Gyömrő, Deák Ferenc u. 9.
Registration authority: Budapest Environs Regional Court
Company registration number: 13-09-205904
Tax number: 27951435-2-13
Representative: Sipiczki Dávid György
Bank account No: 11742197-21453568
Server host information
Name: Acws Bt.
Registered office: 8097 Nadap Kenderföldi út 32.
Contact details: +36302107552, email@example.com
Parties: Seller and Buyer jointly
Consumer: any natural person who is acting for purposes which are outside his trade, business, craft or profession Consumer contract: a contract in which a party qualifies as a consumer. Website: This website, which is used to conclude the contract.
Contract: Sales contract between a seller and a buyer by means of a website and electronic mail. A tool that allows remote communication: any tool capable of making a contract declaration in the physical absence of the parties, with a view to concluding a contract. Such means shall include, in particular, a form without a recipient or unaddressed, the standard letter, an advertising published in the press with a purchase order form, the catalog, the telephone, telefax and any tool capable of accessing the internet.
Distance contract: a contract is concluded between the parties under an organized distance sales or service-provision scheme, with the exclusive use of one or more means of distance communication (such as mail order, Internet, telephone or fax) up to and including the time at which the contract is concluded.
Product: all marketable tangible movable items included in the website’s offer and intended for sale on the website, which are the subject of the contract.
Enterprise: any person who is acting for purposes which are in the scope of his trade, business, craft or profession. Buyer/You: Person signing a contract offering to purchase via the website.
Guarantee: In the case of contracts concluded between the consumer and the enterprise (hereinafter referred to as ‘consumer contract’), pursuant to the civil code,
1. a guarantee for the performance of the contract which the enterprise voluntarily undertakes for the proper performance of the contract, in addition to or in the absence of a legal obligation, and
2. a statutory guarantee.
The contract shall be governed by the provisions of 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
- Governmental Decree 151/2003 of 22 September on Guarantees in the Sale of Durable Consumer Goods.
- Government Decree No 45/2014 of 26 February 2014 on the detailed rules of contracts concluded between consumers and businesses
- Decree 19/2014. (IV. 29.) NGM of the Minister of National Economy on the procedural rules of guarantee and warranty claims concerning goods sold under contracts between the consumer and the undertaking
- Act LXXVI of 1999 on copyright
- Act CXII of 2011 on the right of informational self-determination and the freedom of information
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Scope and adoption of the GTC
The content of the contract between us shall be subject to the provisions of the relevant binding legislation and shall be governed by these general terms and conditions (hereinafter referred to as GTC). Accordingly, the present GTC contains the rights and obligations that you and us have, the terms of the contract, the delivery dates, the delivery and payment terms, the liability rules and the conditions for the exercise of the right of withdrawal.
The technical information required for the use of the website which is not provided by this GTC is provided by other sections available on the website.
You are required to know the terms of this GTC before you finalize your order.
The language of the contract, the form of the contract
The language of the contracts covered by these GTC is the Hungarian language.
The contracts covered by these GTC do not constitute written contracts and are not registered by the seller.
Our company issues electronic invoices pursuant to Section 175 of Act CXXVII of 2007. By accepting these GTCs, You agree to use the electronic invoice.
The prices are HUF/EUR, include 27% VAT. It cannot be excluded that, for business policy reasons, the seller may adjust the prices. The price adjustment shall not apply tp contracts already concluded. Where the seller has entered the price incorrectly and an order has been placed but the parties have not yet concluded the contract, the seller shall proceed under the ‘Procedure in the event of an incorrect price’ clause of these GTCs.
Procedure in the event of an incorrect price
The following prices shall be deemed obviously incorrect:
- HUF/EUR 0,
- a price reduced by a discount, but the discount is incorrectly indicated (e.g.: For a product of HUF 1000, the price of the product is HUF 500, but the discount is only 20% discount).
If an incorrect price is indicated, the seller shall offer the option of buying the product at a fair price, based on which information the buyer can choose to order the product at a fair price or to cancel the order without any adverse consequences.
Complaint management and right enforcement
The consumer’s objections to the product or to the seller’s activity may be raised at:
• Telephone: +36706015200.
• Internet address: http://musherdog.com
• E-mail: firstname.lastname@example.org
The consumer may communicate to the enterprise orally or in writing a complaint concerning the conduct, activity or omission of the enterprise or of a person acting in the interest or on behalf of the enterprise that is directly related to the distribution or sale of the goods to consumers.
The oral complaint shall be examined immediately by the enterprise and, where appropriate, rectified. Where the consumer does not agree with the handling of the complaint, or if it is not possible to investigate the complaint immediately, the enterprise shall immediately make a record of the complaint and its position, prepare a copy thereof and provide such copy to the consumer in the spot in the event of a personal oral complaint. In the case of oral complaints communicated by telephone or other electronic communications services, the copy shall be sent to the consumer at the latest within 30 days, in accordance with the provisions concerning the reply to a written complaint, at the same time as the substantive reply is provided. In other cases, the enterprise shall proceed as below for written complaints. The enterprise shall provide a substantive reply to the written complaint and make steps to communicate thereof within 30 days of its receipt, unless otherwise provided in the directly applicable legal instrument of the European Union. A shorter deadline may be laid down by acts and a longer deadline by law. If the enterprise rejects a complaint, justification shall be given. The enterprise shall assign an oral complaint communicated by telephone or electronic communications services a unique identification number.
The record of the complaint shall include:
- the name and address of the consumer,
- place, time, method of lodging the complaint,
- a detailed description of the consumer’s complaint, a list of the document and other evidence presented by the consumer,
- a statement by the enterprise of its position on the consumer’s complaint where immediate investigation of the complaint is possible,
- signature of the person who has prepared the record and, except in the case of an oral complaint communicated by telephone or other electronic communications services, of the consumer,
- date and place of the records,
- in the case of an oral complaint by telephone or other electronic communications services, the unique identification number of the complaint.
The enterprise shall keep the complaint and a copy of the reply for three years and shall present it to the supervisory authorities at their request.
In the event of a complaint being rejected, the enterprise shall inform the consumer in writing of the authority or arbitration body which, according to the nature of the complaint, he may turn to initiate proceedings. The information shall also include the seat, telephone, internet contact details and a mailing address of the competent authority or of the arbitration body of the place of residence or stay of the consumer. The information shall also include whether the enterprise has recourse to an arbitration body in order to resolve the consumer dispute. Where a consumer dispute which may exist between the seller and the consumer is not resolved during negotiations, the following enforcement possibilities shall be available to the consumer:
Consumer protection procedure
Lodging a complaint to consumer protection authorities. If the consumer notices a violation of his consumer rights, he shall be entitled to lodge a complaint with the consumer protection authority in his place of residence. After considering the complaint, the Authority shall decide on whether to conduct a consumer protection procedure. The consumer protection authorities of the first instance are the capital and county government offices in the consumer’s place of residence, a list of which can be found at http://www.kormanvhivatal.hu/
A customer shall be entitled initiate civil proceedings related to a consumer dispute before a court in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on Civil Procedures.
Arbitration Body proceedings
Please be informed that you can lodge a consumer complaint against us. If your consumer complaint is rejected, you will also have the right to appeal to the arbitration body competent of your place of residence or stay. The initiation of proceedings by the arbitration body is conditional upon you attempting to settle the dispute with the enterprise concerned directly. The competent body shall be replaced by the arbitration body indicated in the consumer’s request, on the basis of a consumer’s request.
The enterprise shall be subject to a duty of cooperation in the arbitration proceedings.
This includes the obligation for enterprises to reply to the invitation of the arbitration body and the obligation to appear before the arbitration body (guarantee of participation by a person authorized to enter into an agreement at the hearing).
Where the seat or establishment of the enterprise is not registered in the Chamber under which the competent arbitration body is operating, the enterprise’s obligation to cooperate shall extend to providing the option of written agreements in accordance with the consumer’s needs.
Pursuant to relevant amendments, in the event of a breach of the above obligation to cooperate, the consumer protection authority has the power to impose a mandatory fine in the event the enterprise infringes the law, and such fine may not be waived. In addition to the laws on consumer protection, the relevant provision of the Act on small and medium-sized enterprises has also been amended, pursuant to which the imposition of a fine for small and medium-sized enterprises may not be waived either.
The fine may range from HUF 15,000 to HUF 500,000 for small and medium-sized enterprises, and as for non-small or medium enterprises with an annual net turnover exceeding HUF 100 million, from HUF 15,000 to 5% of the company’s annual net turnover, but maximum HUF 500 million. With the introduction of a mandatory fine, the legislator aims to strengthen cooperation with the arbitration bodies and to ensure the active participation of enterprises in the arbitration procedure.
The arbitration body shall have the power to settle the consumer dispute out of court. It is the responsibility of the arbitration body to try to reach a settlement between the parties with a view to resolving a consumer dispute. If this is not effective, it shall take a decision on the matter in order to ensure a simple, rapid, efficient and cost-effective enforcement of consumer rights. The arbitration body shall, at the request of the consumer or the enterprise, advise on the rights of the consumer and the obligations to which the consumer is subject.
The proceedings of the arbitration body shall be initiated at the request of the consumer. The application shall be submitted in writing to the Chair of the arbitration body: the requirement of such application be in writing may be met by letter, telegram, facsimile transmission or fax, and by any other means which allow the recipient to store the data addressed to him permanently, for a period appropriate to the purpose of the data and to display the data stored in the same form and with the same content. The application shall contain the following:
- the name, place of residence or place of stay of the consumer,
- the name, registered office or seat of the enterprise concerned,
- where the consumer has requested the competent conciliation body to be designated, the requested body,
- a brief description of the consumer’s position, the facts justifying it and the evidence thereof,
- a declaration by the consumer that the consumer has attempted to settle the dispute with the enterprise directly,
- a declaration by the consumer that the proceedings of another arbitration body have not been initiated in the case, no mediation procedure has been initiated, no application has been lodged at court and no request for the issuance of order for payment has been lodged,
- the motion for a decision of the body,
- the signature of the consumer.
The application shall be accompanied by the document or a copy (extract) of the document whose content the consumer refers to as evidence, in particular the enterprise’s written declaration of non-acceptance of the complaint, or, failing that, any other written evidence available to the consumer that the required settlement has been attempted.
Where the consumer acts by proxy, the application shall be accompanied by an authorization.
For more information on arbitration bodies, see http://www.bekeltetes.hu. For more information on the competent arbitration bodies, see https://bekeltetes.hu/index.php?id=testuletek.
Contact details of each regional competent arbitration body:
Baranya County Arbitration Board
Address: 7625 Pécs, Majorossy I. u. 36.
E-mail: email@example.com: firstname.lastname@example.org
Békés County Arbitration Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99. 99. I. em. 111.
Fejér County Arbitration Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Hajdú-Bihar County Arbitration Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Jász-Nagykun-Szolnok County Arbitration Board
Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306. Telephone: 06-56-510-621, 06-20-373-2570 Fax: 06-56-510-628 E-mail: email@example.com
Nógrád County Arbitration Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Telephone: 06-32-520-860 Fax: 06-32-520-862 E-mail: firstname.lastname@example.org
Somogy County Arbitration Board
Address: 7400 Kaposvár, Anna u.6.
Telephone: 06-82-501-026 Fax: 06-82-501-046 E-mail: email@example.com
Tolna County Arbitration Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. emelet Tel.: 06-74-411-661 Fax: 06-74-411-456 E-mail: firstname.lastname@example.org
Veszprém County Arbitration Board
Address: 8200 Veszprém, Radnóti tér 1. földszint 115-116. Telephone: +36-88-814-121 Fax: 06-88-412-150 E-mail: email@example.com
Bács-Kiskun County Arbitration Board
Address: 6000 Kecskemét, Árpád krt. 4.
Telephone: 06-76-501-500; 06-76-501-525, 06-76-501-523 Fax: 06-76-501-538
E-mail: firstname.lastname@example.org: email@example.com Website: www.bacsbekeltetes.hu
Borsod-Abaúj-Zemplén County Arbitration Board
Address: 3525 Miskolc, Szentpáli u. 1. Tel.: 06-46-501-091;06-46-501-870 Fax: 06-46-501-099 E-mail: firstname.lastname@example.org
Csongrád-Csanád County Arbitration Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Győr-Moson-Sopron County Arbitration Board
Address: 9021 Győr, Szent István út 10/a.
Heves County Arbitration Board
Address: 3300 Eger, Faiskola út 15.
Telefonszám: 06-36-429-612 Fax: 06-36-323-615 E-mail: email@example.com
Komárom-Esztergom County Arbitration Board
Address: 2800 Tatabánya, Fő tér 36.
Telephone: 06-34-513-027 Fax: 06-34-316-259 E-mail: firstname.lastname@example.org
Pest County Arbitration Board
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Mailing Address: 1364 Budapest, Pf.: 81 Telefonszám: 06-1-792-7881 E-mail: email@example.com Honlap: http://panaszrendezes.hu/
Szabolcs-Szatmár-Bereg County Arbitration Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Vas County Arbitration Board
Address: 9700 Szombathely, Honvéd tér 2.
Telephone: 06-94-312-356 Fax: 06-94-316-936 E-mail: firstname.lastname@example.org
Zala County Arbitration Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Online Dispute Resolution (ODR) platform
The European Commission has created a website where consumers can register, allowing them to resolve disputes related to online purchases by filling in a request, thus avoiding legal proceedings. This way, consumers can enforce their rights without, for example, being prevented by distance.
If you want to lodge a complaint about a product or service purchased online and do not necessarily want to go to court, you can use the Online Dispute Resolution platform.
On the portal, you and the trader against whom you have lodged a complaint may jointly select the dispute settlement body you intend to entrust with the handling of the complaint.
The ODR platform is available at:
Pursuant to paragraph (1) of Section 1 of Act LXXVI of 1999 on Copyright (hereinafter referred to as Copyright Act), the website is copyright material, therefore, all its components are protected by copyright. Paragraph (1) of Section 6 of the Copyright Act prohibits the unauthorized use of the website’s graphic and software solutions, computer program works or any application by which the website or any part thereof may be altered. Any material may only be taken from the website and its database with the written consent of the right holder, and only by reference to the website and an indication of the source. The right holder shall be: Dog Gear Kft.
Partial annulment, code of conduct
Where a point in these GTCs is legally incomplete or non-effective, the remaining points of the contract shall remain in force and the provisions of the relevant legislation shall apply instead of the invalid or incorrect part.
The seller does not have a code of conduct under the law on prohibiting unfair commercial practices to the detriment of consumers.
The operation of digital data content, technical protection measures
The availability of servers providing the data on the website is above 99.9% per year. The entire data content is saved regularly so that the original data content can be restored in the event of a problem. The information that appears on the web site is stored in the MSSQL and MySQL databases. Sensitive data is stored with appropriate encryption strength, using hardware-based support built into a processor for encoding them.
Information on the essential characteristics of the products
The website provides information on the essential characteristics of the products available for purchase in the descriptions of each product.
Correction of data entry errors – responsibility for the accuracy of the data entered
When you are placing your order, you can modify your entries before you finalize it (clicking the “back” button in your browser opens the previous page so that you can correct your entries even if you are already on the next page). Please note that it is your responsibility to enter the information you provide accurately, as the information you provide will be used for invoicing or shipment. Please note that entering an incorrect email address or the mailbox capacity being full can result in a lack of receipt and prevent the contract from being concluded. If your order has been finalized and you discover an error in the information provided, you must initiate the modification of your order as soon as possible. You may ask to have the incorrect order changed by sending a letter from the email address you entered at the time of your order, or by a telephone call to the seller.
Using the website
Purchase is not conditional upon a registration.
Selecting the product
By clicking on a product category, the Buyer can choose the individual product within the given product line. By clicking on the product, the photo, description, part number, description and price of the product appears. You shall pay the price indicated on the website if you opt to purchase it.
Placing in the cart
Once you have selected your product, you can click the “cart” button to place any number of products in your cart without creating a purchase or payment obligation for you, as placing items in your cart is not yet an offer.
We recommend that you place the product in your cart even if you are not sure that you want to purchase the product, because with a single click, you can see which products you have selected and to view and compare them on a screen. The contents of the cart can be modified until the order is finalized, i.e. until clicking on the “Order” button. Any products can be removed from or new products can be added to the cart, and the quantity of the products can be modified as well.
If you do not want to select more products, click the cart icon in the top bar of the web page. If you want to view the selected product again or place another product in your cart, click on the ‘products’ button.
Viewing the basket
You can check the contents of your cart at any time by clicking on the cart icon at the top of the site. Any products can be removed from or new products can be added to the cart, and the quantity of the products can be modified on this page as well. After pressing the “Delete product” icon. The system displays information corresponding to what you have changed, including the price of the products in your cart.
If you do not want to select any additional products and place them in your cart, you can continue with your purchase by pressing the “Checkout” button.
Entering customer information
When you press the “Checkout” button, the contents of the cart and the total purchase price you have to pay if you purchase the products becomes visible. You must select in the “Shipment” box that you want to receive your order in person (personal receipt) or request delivery. If the item is to be delivered, the system will indicate the delivery fee that you shall pay for the order.
You can enter your email address, full name, address, and phone number in the “Billing information” text box. In the text box “Shipment information”, the system automatically stores the information given in the “Billing information”. If you are requesting delivery to a different address, please tick the box “Ship to another address” and fill in the shipping address information. In the “comment” text box, you can give additional information as you wish.
Placing an order
Once the above text boxes have been completed, please enter your payment method and submit your order by clicking on the “Order” button.
Order confirmation (offering)
If the Buyer verified that the contents of the cart corresponds to the products to be ordered and the data is correctly entered, the order can be finalized by clicking on the “Order” button. The information provided on this website does not qualifies as an offer made by the Seller for the conclusion of an agreement. In orders falling within the scope of these GTCs, you are an offeror.
By pressing the “Order” button, you expressly acknowledge that your offer is deemed to have been made and that your statement will give rise to payment obligations upon confirmation by the seller pursuant to these GTCs. Your offer is binding on you for a 48-hour period. If your offer is not confirmed by the seller within 48 hours under these terms and conditions, you will be released from your offer.
Order processing, contract creation
Orders are processed in two stages. You have the option to place your order at any time. Your order will first receive an automated feedback that only states that your order has been received via the website, but this confirmation does not constitute acceptance of your offer. If you notice that your automatic acknowledgment e-mail notification contains incorrect information about you (e.g. name, shipping address, telephone number, etc.), you are obliged to communicate this fact to us immediately by e-mail and provide the correct information at the same time. If you do not receive an automatic confirmation e-mail within 24 hours of your order, please contact us as your order may not have been received for technical reasons.
The seller confirms your offer by a second email after you submit your order. The contract is created when a confirmation email sent by the seller becomes available to you in your mail system (second confirmation).
Methods of payment
Bank transfer in advance
Payment for the products may be settled by bank transfer. After a successful confirmation, an invoice is issued for which consideration must be settled. The invoice is issued from the system of szamlazz.hu. If it does not arrive, it is recommended that you check the spam or promotional folders as well.
Cash on delivery
If you want to settle the order upon receipt of the package, select the “Cash on delivery” payment method. – THIS PAYMENT METHOD IS AVAILABLE ONLY IN HUNGARY.
The Barion Smart Gateway is a fully-domestically-developed bank-independent bank card and e-money gateway with a variety of innovative features at unbeatable prices. By registering, which takes only a minute, it is even more convenient to use. Because the bank card numbers are stored in a secure system that is supported by a PCI DSS certificate, you only need to enter the registered email address and password to use any stored cards. The Barion Web interface offers reports, export options, and a monthly account to help you manage your business and keep an official account. Transactions take place in real time and you can see incoming items in the mobile app. The free Barion application allows users to pay by mobile in shops and restaurants without having to take cash or bank cards with them. Banking security is guaranteed by the supervision of the Hungarian National Bank (MNB authorization: H-EN- I-1064/2013). The protection of the bank card against abuse is managed in a flexible and fair way.
Delivery methods, delivery charges
GLS packing point THIS DELIVERY METHOD IS AVAILABLE ONLY IN HUNGARY.
For online purchases, door-to-door delivery is the most popular option, but personal deliveries are increasing yearly. Customers can have the goods delivered conveniently and according to their time schedule via GLS package points, where cash payments are available.
GLS package points are located in accessible locations, such as shopping centers, petrol stations, bookshops or other busy stores. Most of these have long opening hours and are often open in the weekends for pickups and deliveries. GLS sends an e-mail or SMS notification about the shipment. The buyer can receive the package at any time within 5 business days and within the GLS package point opening hours.
The cost of this mode of transport is gross HUF 1090 (net. EUR 3).
GLS courier service
The product is delivered by GLS courier service.
For more information, see:
DELIVERY IN HUNGARY:
Minimum Maximum Delivery fee
HUF 0 HUF 19,999 HUF 1500
HUF 20,000 to 0
GLS Parcel Service – EU
Delivery with GLS parcel service to the countries of the European Union HUF 7000/EUR 20
Lichtenstein, Swiss, UK, Norway: HUF 19,600 (EUR 56)
The cost of this mode of transport is gross HUF 7000.
The general delivery deadline for an order shall be 30 days from the order confirmation. In the event of a delay by the seller, the buyer shall be entitled to set a supplementary period. If the seller fails to perform within the supplementary period, the buyer shall be entitled to withdraw from the contract.
Reservation of rights and ownership
If you have previously ordered a product that was not received during delivery (excluding when you exercised your right of withdrawal), or the product was returned to the seller with a sign that it was not sought, the seller shall make the order conditional upon payment of the purchase price and the delivery costs in advance.
The seller may withhold the delivery of the product until he is satisfied that the price of the product has been paid successfully using the electronic payment solution (including where, in the case of the goods paid by wire transfer, the buyer transfers the purchase price in the currency of his Member State, and the seller does not receive the full amount of the purchase price and delivery fees due to the conversion and bank commissions). Where the price of the product has not been paid in full, the seller may ask the buyer to supplement the purchase price.
The seller does not distinguish between buyers using the website on the territory of Hungary and within the territory of the European Union. Unless otherwise specified in these GTCs, the seller shall ensure delivery/receipt of the ordered products on the territory of Hungary.
The provisions of the current GTCs also apply to purchases outside Hungary, with that under the provisions of the relevant Regulation, a consumer shall be deemed a national of a Member State or resident in a Member State, or an enterprise which is established in a Member State, which is purchasing or using goods or services exclusively for the purpose of end-use within the European Union. A consumer shall be considered a natural person who is acting outside his trade, business, craft or profession.
The language of communication and purchase is primarily Hungarian language, and the seller is not obliged to communicate with a buyer in the national language of the buyer.
The seller is not obliged to comply with any non-contractual requirements, such as labeling or sector-specific requirements, as defined in the national law of the Member State of the buyer, relating to the product concerned, or to inform the buyer of those requirements.
The supplier shall apply Hungarian VAT to all products, unless otherwise specified by the seller.
The buyer may exercise his rights pursuant to these GTCs.
If applying electronic payment solutions, payment shall be made in the currency specified by the seller. The seller may withhold the delivery of the product until he is satisfied that the price of the product and delivery fees have been fully paid successfully using the electronic payment solution (including where, in the case of the goods paid by wire transfer, the buyer transfers the purchase price and delivery fees in the currency of his Member State, and the seller does not receive the full amount of the purchase price and delivery fees due to the conversion and bank commissions). Where the price of the product has not been paid in full, the seller may ask the buyer to supplement the purchase price.
The seller non-Hungarian buyers the same delivery options as those for Hungarian buyers.
If a buyer, according to these GTCs, can request for a product to be delivered to Hungary or to any other EU Member State, this may also be requested by a non-Hungarian buyer by any means of delivery specified herein.
If the buyer can choose to take over the product in person according to these GTCs, a non-Hungarian buyer will also be able to do so.
In other respects, the customer may request that delivery is organized at his own expense. A Hungarian buyer is not entitled to this right.
The seller shall perform the order after payment of the delivery fee. If the buyer fails to pay the delivery fee to the seller or does not organize its own delivery by the pre-agreed date, the seller terminates the contract and the buyer is reimbursed the price paid in advance.
Consumer information (pursuant to Government Decree 45/2014 (II.26.))
Information on the consumer’s right of withdrawal
According to pint 3 of Section 1 of the Civil Code, only a natural person who is acting for purposes which are outside his trade, business, craft or profession is considered to be a consumer, which means that legal persons are not entitled to exercise the right of withdrawal without justification.
According to Section 20 of Government Decree 45/2014, the consumer has the right to withdraw without justification. In the case of a contract for the sale of goods, the consumer’s right of withdrawal may be exercised within a time limit of 14 days from receipt of
(aa) the product,
(ab) in the case of the sale of several products, where the products are supplied at different times, within a time limit of 14 days from receipt of the last product supplied,
by the consumer or a third party other than the carrier, as specified by the consumer.
This point shall be without prejudice to the right of the consumer to exercise the right of withdrawal provided for in this point during the period between the date of conclusion of the contract and the date of receipt of the product.
If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to enter into the contract.
Declaration on withdrawal, exercise of consumer’s right to withdrawal or termination
Pursuant to Section 20 of Government Decree 45/2014 of 26 February, the consumer may exercise this right either by making an express declaration to that effect or by using a sample declaration which can be downloaded from the website. In the event of withdrawal in writing, it is sufficient to send the withdrawal declaration within 14 days.
Validity of the consumer’s declaration on withdrawal
The right to withdrawal shall be deemed exercised on time if such is dispatched within the deadline. The deadline is 14 days.
The consumer shall prove that its right to withdrawal was exercised in line with this provision.
The Seller shall confirm the receipt of the consumer’s declaration on withdrawal via electronic media upon its receipt.
The Seller’s obligations in case of a withdrawal by the consumer
Reimbursement obligations of the Seller
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 of 26 February, the Seller shall refund the total amount paid by the consumer including costs incurred in relation to the performance of the contract, i.e. including shipping charges within 14 days of becoming aware of the withdrawal. Please note that this provision does not apply to the additional costs caused by choosing the least expensive option than the usual mode of shipping.
Reimbursement obligation method of Seller
In the event of withdrawal or cancellation pursuant to Section 22 of Government Decree 45/2014 of 26 February, the Seller shall refund the amount returned to the consumer in the same manner as the payment method used by the consumer. Subject to the express consent of the consumer, the Seller may use other means of payment for the refund, but the consumer shall not be charged any additional fees. The Seller shall not be held liable for any delay caused by the Consumer’s erroneous and/or inaccurate bank account number or postal address.
If the consumer expressly chooses a different mode of transport than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the additional costs arising therefrom. In such cases, we have a refund obligation up to the amount of the general shipping charges.
Right of detention
The Seller may withhold the amount to be reimbursed to the consumer until the consumer returns the product or, without any doubt has confirmed its return; the earlier date should be taken into account. We are not able to accept parcels sent with cash on delivery option.
Obligations of the consumer in case of withdrawal or termination
Returning the product
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 of 26 February, he/she shall return the product immediately, but no later than 14 days after the notice of withdrawal, or hand it over to the Seller or the person authorized by the Seller. Return is deemed to be completed on time if the consumer sends the product before the deadline expires.
Bearing the direct costs of returning the product
The consumer bears the direct cost of returning the product. The product shall be returned to the Seller’s address. If the consumer terminates the service agreement – concluded outside of the store or remotely – after the commencement of the performance, he/she shall be obliged to pay a fee proportional to the service provided by the date of the notice of termination. The amount to be paid in proportion to the consumer shall be determined on the basis of the total taxable amount of the contractually agreed price. If the consumer proves that the total amount thus determined is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the date of termination of the contract. Please note that we are not able to accept parcels sent with cash on delivery option.
Consumer responsibility for diminished value
The consumer shall be liable for any depreciation resulting from the use beyond what is necessary to determine the nature, characteristics and functioning of the product.
Exclusion of right of withdrawal
The Seller explicitly draws your attention to the fact that your right to withdrawal shall not be exercised in the following cases pursuant to paragraph 1 of Section 29 of Government Decree 45/2014 of 26 February:
- in the case of service contract after the performance of the service in full if the company has commenced the performance with the explicit prior consent of the Buyer and the Buyer has acknowledged that he shall lose the right of withdrawal after the performance of the service in full;
- in respect of any product or service whose price cannot be influenced by the financial market business and it depends on its fluctuation possible even during the time limit set for the withdrawal;
- in the case of prefabricated product which has been produced according to the expressed instructions or at the explicit request of the Buyer, or in respect of the product explicitly customized for the Buyer;
- in respect of perishable – or short shelf life product;
e) in the case of product in closed package that cannot be returned for health- or hygienic reasons after opening the package following the delivery;
f) in respect of a product that shall mix due to its nature with other products after the delivery;
g) in respect of alcoholic beverage whose value depends on market fluctuation not influenced by the company and whose price was agreed to by the parties at the execution of the purchase contract but the contract was performed only after the 30th day following the execution thereof;
h) in the case of a business contract where the contractor undertakes the performance of urgent repairs or maintenance works at the explicit request of the Buyer;
i) in respect of the sales of audio- and video record or computer software in closed packaging if the Buyer opened the package after the delivery;
j) in respect of newspapers, journals and periodicals, with the exception of subscription contracts;
k) in the cases of contracts concluded on public sales;
l) in the case of contracts of services on providing accommodation, excluding that for residential purpose, contracts of shipping, catering, services related to leisure time activities if the parties have stipulated a closing date or deadline for the performance in the contract;
m) in respect of digital data content provided on non-tangible media, if the company has commenced the performance with explicit prior consent of the Buyer and simultaneously with such consent the Buyer acknowledged that after the commencement of the performance, he would lose the abovementioned right of withdrawal/termination.
Liability, product liability, warranty
This point of the consumer information bulletin is compliant with Annex 3 of Government Decree 45/2014 of 26 February, upon authorization by paragraph 3 of Section 9 thereof.
Liability for defects
Under what circumstances can you exercise your liability for defects rights?
In case of defective performance, you can exercise its warranty rights for defects against the Seller in accordance with the regulations of the Civil Code.
What are your rights under the terms of liability for defects?
You can choose to have the following liability claims:
Request a repair or replacement, unless the fulfillment of your claim is impossible or would result in an additional cost to the seller that would be disproportionate to the fulfillment of his other claim. If the repair or replacement has not been or could not be requested, you may request a proportionate consideration, repair or have the defect repaired at the Seller’s expense, or as a last resort, withdraw from the contract. You can change one liability for another, but you will be responsible for the transition, unless it is justified or the seller has given you reason to do so.
What is the deadline applicable to your liability for defects rights?
You shall announce the defect immediately after having noticed it, but at the latest within 2 months from the discovery of the defect. However, we draw your attention to the fact that, beyond the 2 years’ limitation period after the performance of the contract, liability for defects rights are no longer enforceable.
Where the subject of a contract between the consumer and the enterprise is a second-hand movable, the parties may agree on shorter limitation periods; however, even in that case, a limitation period of less than one year may not be validly imposed.
Against who may you exercise liability for defects rights?
The Buyer may exercise its liability for defects rights against the Seller.
What other conditions are there to enforcing your liability for defects rights?
Within six months of completion, if you prove that the product or service was provided by the seller, you shall not be required to anything else beyond the communication of the defect to exercise your liability for defects right. However, six months after completion, you are obligated to prove that the defect you have recognized was already present at the time of completion.
In the case of second-hand products, guarantee and warranty rights are by default different from the general rules. Defects may also arise with second-hand products, but account should be taken of the circumstances in which the customer may have expected some errors to occur. However, as a result of ageing, the occurrence of certain errors is becoming more frequent and, as a result, it cannot be assumed that a used product has the same quality as a newly purchased product. On this basis, the customer can only claim his warranty rights in respect of any defects that are beyond the defects resulting from use and that have arisen independently of them. If the second-hand product is defective and the customer who is the consumer has been informed thereof at the time of purchase, the supplier has no responsibility for the known defect.
Under what circumstances can you exercise your product liability rights?
If a movable property (product) has a defect, you can exercise its warranty or product liability rights.
What are your rights under the terms of product liability?
You can only ask for the repair or replacement of the defective product under the terms of product liability.
Under what circumstances shall be deemed a product defective?
The product has a defect if it does not comply with quality requirements in force at the time of the commencement of its distribution or it does not have the characteristics described in the product manual provided by the manufacturer.
What is the deadline applicable to your product liability rights?
The Buyer can enforce its product liability claims within 2 years from the commencement of distribution of the product by the manufacturer. After this time limit, the right ceases to exist.
Against who may the Buyer exercise its warranty rights?
The Buyer can enforce its product liability right exclusively towards the manufacturer or distributor of the movable property. In case of enforcing product liability right, the Buyer must prove the defect of the product.
Under what circumstances may the manufacturer (distributor) be exempt from its product liability obligations?
The manufacturer (distributor) can only be exempt from the product liability obligations, if it can prove that:
- the product was not manufactured or distributed within the scope of its business activities; or
- the defect could not be recognized/identified at the time of the commencement of the distribution according to the then current scientific and technical knowledge; or
- the defect originates from application of obligatory administrative requirements or legal regulations.
The manufacturer (distributor) only has to prove one reason for acquittal.
Please note that because of the same defect, the Buyer cannot enforce liability for defect and product liability rights at the same time, side by side. After the Buyer effectively enforced its product liability rights, the Buyer can then enforce its warranty rights regarding replaced product or the repaired part of it against the manufacturer.
Under what circumstances can you exercise your guarantee rights?
In accordance with Government Decree 151/2003 (IX.22.) on the mandatory guarantee of certain durable consumer goods, the seller is required to provide a guarantee to new durable consumer goods (e.g. electronic device, tools, machines) listed in Annex 1 to the Decree, and of their accessories and components (in this point referred to jointly as ‘consumer goods’), within the scope specified therein.
What kind of rights may be exercised by you under the terms of guarantee and what is the deadline applicable to your guarantee rights?
You can choose to have the following guarantee claims:
Request a repair or replacement, unless the fulfillment of your claim is impossible or would result in an additional cost to the seller that would be disproportionate to the fulfillment of his other claim. If the repair or replacement has not been or could not be requested, you may request a proportionate consideration, repair or have the defect repaired at the Seller’s expense, or as a last resort, withdraw from the contract.
The Buyer may, at his choice, apply for repair directly to the seller’s place of business, any premises, branches and the repairer indicated by the seller on the guarantee certificate.
There are special rules concerning repair request specified in Governmental Decree 151/2003. (IX. 22.), 22nd September, on Guarantees, please see the section “Rules on guarantee claims”.
The guarantee claim may be enforced for the duration of the warranty, and the duration of the warranty shall be pursuant to Government Decree 151/2003 (IX.11.)):
- if the selling price is at least HUF 10,000, but not exceeding HUF 100,000, one year,
- if the selling price is at least HUF 100,000, but not exceeding HUF 250,000, two years,
- if the selling price is above HUF 250,000, three years.
Failure to meet these deadlines will result in a loss of rights, but in the event of repair of the consumer goods, the duration of the guarantee will be extended from the date on which the repaired good is delivered by the time during which the consumer could not use the goods as intended due to the defect.
The guarantee period starts from the delivery of the consumer product to the buyer or, if the product shall be put into operation by the buyer or its agent, it commences on the date of putting into operation.
If the buyer has the consumer good put into operation more than six months after the date of delivery, the starting date of the guarantee shall be the date of delivery.
Rules on guarantee claims
In the case of repair, the seller shall endeavor to make the repair within 15 days. The time limit for repair shall start on receipt of the goods.
If the period of repair or replacement exceeds 15 days, the seller shall inform the buyer of the expected period of the repair or replacement.
If, during the guarantee period, during the first repair of the consumer goods, it is established by the seller that the consumer good cannot be repaired, the seller shall, unless the buyer provides otherwise, replace the consumer goods within eight days. Where it is not possible to replace the consumer goods, the seller shall refund to the buyer within eight days the purchase price shown on the proof of payment (the invoice or receipt issued under the VAT Act).
By accepting these GTCs, the buyer shall agree to being provided information by electronic means or by any other means capable of verifying the buyers’ acceptance.
If the seller is unable to repair the consumer goods within 30 days:
- If the buyer agrees, the repair may be completed at a later time, or
- If the buyer does not agree to the repair being completed at a later time or has not made a declaration to that effect, the consumer goods shall be replaced within eight days of the expiry of the thirty-day deadline, or
- if the buyer does not agree to the repair being completed at a later time or has not made a declaration to that effect, but is not possible to replace the consumer goods, the selling price indicated on the consumer’s invoice or receipt shall be refunded to him within eight days of the expiry of the thirty-day deadline.
If the consumer goods has a defect four times, the buyer is entitled to:
- submit a claim for repair to the seller, or
- pursuant to Point b) Paragraph 2) Section 6:159 of the Act V of 2013 on the Civil Code, to request that the seller reduces the purchase price proportionately, or
- pursuant to Point b) Paragraph 2) Section 6:159 of the Act V of 2013 on the Civil Code, repair or have the consumer goods repaired at the seller’s expense, or
- If the buyer does not exercise or has not made a declaration of exercising such rights (repair, price reduction or repair at the seller’s expense), the consumer goods shall be replaced within 8 days, and if the consumer goods cannot be replaced, reimburse the selling price present at the invoice or receipt within eight days.
The specifications under the section “Rules on guarantee claims” do not apply to electric bicycles, electric scooters, quads, two or three-wheel motor vehicles, mopeds, passenger cars, caravans, mobile homes, trailers and motorized watercraft.
However, the seller shall nevertheless endeavor to meet the repair request within 15 days for those products as well.
If the period of repair or replacement exceeds 15 days, the seller shall inform the buyer of the expected period of the repair or replacement.
What is the connection between the guarantee and other warranty rights?
The guarantee is applicable along other warranty rights (warranty and product liability) rights, the fundamental difference between such is that the burden of proof is more favorable to the consumer in the case of the guarantee.
Any consumer goods with fixed attachments or weighing more than 10 kg, or which cannot be carried as hand luggage by means of public transport and are subject to guarantee rights pursuant to Government Decree 151/2003, shall be repaired at the place of operation, except in the case of vehicles. If the repair cannot be carried out at the place of operation, the removal and refitting and the return of the goods shall be carried out by the enterprise or, in the case of a request for repair directly requested at the repair service, by the service provider.
The seller must not, during the period of the mandatory guarantee, set out conditions for the consumer which puts the consumer at more of a disadvantage than those guaranteed by the rules of the compulsory guarantee. However, after such period, the terms of the voluntary guarantee may be set freely; nevertheless, such guarantee shall not affect the existence of rights arising from the consumer ‘s legal rights in this case either, including the liability for defects.
Entitlement to replacement within 3 business days
Even if you purchase via the webshop, you are still entitled to replacement within 3 business days. A request for a replacement within 3 business days shall be enforceable in the case of new durable goods pursuant to Government Decree 151/2003 (IX.22), where the defect is such as to impair their normal use. The replacement request can be enforced within 3 working days of the date of putting into operation/purchase.
Under what circumstances may the Seller be exempt from its guarantee obligations?
The Seller shall be released from guarantee obligations if it is able to prove that the cause of the defect occurred after the delivery of the product.
Please note that because of the same defect, the Buyer cannot enforce liability for defect and product liability rights at the same time, side by side; otherwise you are entitled to any guarantee claims regardless of warranty rights.