GENERAL TERMS AND CONDITIONS OF CONTRACT
I. INTRODUCTORY PROVISIONS
The scope of these General Terms and Conditions (hereinafter: "GTC") extends to the OCULEUS Commercial and Business Limited Liability Company registered under company registration number Cg.09-09-012697 (registered office: 4029 Debrecen, Kazinczy utca 1. A. building) (hereinafter: "Seller") can be found on the website www.oculeus-dental.hu (hereinafter: "Website") for commercial activities carried out in its electronic store (hereinafter referred to as "Webstore").
The Seller applies these GTC. The purpose of applying the GTC is to determine the general terms and conditions of the sales contracts concluded between the Seller and the Buyer by purchasing the products offered for purchase in the Online Store.
Contracts concluded for purchases in the Web Store are primarily governed by these GTC, as well as the Act CVIII of 2001 on certain issues of electronic commerce services (hereinafter referred to as the “Ektv”), and the The provisions of Act V of 2013 on the Hungarian Civil Code ("Civil Code") shall apply.
II. DATA REGARDING THE SELLER'S PERSONALITY AND CONTACT INFORMATION
1. Company name: OCULEUS Trade and Enterprise Limited Liability Company
Registered office: 4029 Debrecen, Kazinczy Street 1. A. building.
Company registration number: Cg.09-09-012697
Registration authority: Debrecen Commercial Court
Professional chamber: Hungarian Chamber of Commerce and Industry
Tax number: 13759553-2-09
Mailing address: 4029 Debrecen, Kazinczy Street 1. A. building.
Telephone number: +52-446-965
Email address: dmg@oculeus.hu
Website address: www.oculeus-dental.hu
2. The above data is also the Seller's contact data, which is suitable for any legal declarations, complaints and notifications of the Buyer, but primarily related to the GTC. and to receive communications. The Buyer's contact address is the address provided during the order or registration in the Online Store, unless the Parties have agreed on another contact address, including in particular if the Buyer modifies the relevant data in the Online Store. The Parties are entitled to modify the contact names, e-mail addresses, telephone numbers and addresses at any time as follows: In the event of a change in the Seller's data, the Seller shall notify the Buyer by amending these GTC informs, while In the event of a change in the Buyer's data, the Buyer shall notify the Seller in the Online Store of the change of data. informs you via.
III. CONCEPT DEFINITIONS
1. Parties: Seller and Buyer.
2. Buyer: the person who, in accordance with the provisions of these GTC, electronically contacts the Seller You order a Product from the Seller through your web store.
3. Consumer: the Buyer who, in accordance with the Civil Code of 2013, According to Act V (hereinafter referred to as "Civil Code"), he/she is considered a consumer.
4. Order: a unilateral legal statement by the Buyer, during which the Buyer orders the Product from the From the seller.
5. Complaint: a notification by the Buyer to the Seller regarding the Seller's actions or omissions in relation to the purchased Product.
6. Delivery address: the physical address provided by the Buyer as the place of receipt of the Products, which It is located in Hungary.
7. Product: goods offered for purchase in the Seller's Web Store.
IV. ENTRY TO THE WEB STORE
1. To use the services of the Seller's Web Store, i.e. to order a Product offered in the Web Store, in accordance with the GTC. The buyer is entitled to purchase if he has accepted these GTC. provisions, the Seller's data processing information.
2. The Buyer has the option to order the Product offered in the Web Store by registering in the Web Store, after logging in, or without registering. The advantage of registration is that if the Buyer orders from the Seller on another occasion, he does not need to provide his data again, he can add multiple shipping/billing addresses, and he can also track his order process.
3. The Buyer is responsible for the correctness and authenticity of the data provided during registration and Ordering. The Seller is not responsible for any damage resulting from incorrect and/or inaccurate data provided by the Buyer. Thus, the Seller is not liable for any damage resulting from the Buyer forgetting their password or - the Seller becomes accessible to unauthorized persons for reasons beyond one's control.
4. Only the Buyer is entitled to change previously recorded data. Seller for any damage or error resulting from the Buyer changing the registered data bears no responsibility whatsoever.
V. PRODUCT INFORMATION, PRICES
1. The Product offered by the Seller can be viewed in the Online Store or in person at the Seller's sample store (4029, Debrecen Kazinczy u. 4). The essential properties of the Product, recommendations for storage and use can be found in the description of the specific Product. If the Buyer needs additional information about any Product in the Online Store beyond what is described, the Buyer can ask any questions related to the Product via the Online Store's information system or by contacting the contact details provided in these GTC. The Seller will answer these questions through the contact details requested or provided by the Buyer.
2. The Seller will do everything possible to ensure that the data displayed in the Online Store is as accurate as possible.
3. The prices shown in the Online Store are gross prices and include 27% VAT and the recycling fee. The price of the Product includes only the Product listed on the data sheet! The prices shown do not include the delivery fee.
4. The Seller reserves the right to change the purchase price of Products that can be ordered in the Online Store. without limitation. In the event of an incorrect purchase price of a given Product being published in the Online Store, the Seller is obliged to notify the Buyer without undue delay after becoming aware of the fact that the purchase price of the Product was published incorrectly. The Seller is not obliged to sell the Product at the incorrect price, but is entitled to offer the Buyer the purchase of the Product at the correct price. The Buyer is obliged to pay the correct price is entitled to withdraw from its purchase offer by sending a unilateral statement to the Seller. In this case, the Seller will refund any pre-paid purchase price and shipping fee to the Buyer in the same way as the payment method used by the Buyer.
5. The partial amount of the Product placed in the "Cart" and the total purchase price according to the quantity of Products you wish to purchase are automatically determined by the Web Store before finalizing the Order.
6. The Buyer shall fulfill his payment obligation in accordance with the provisions of these GTC.
7. The Seller issues an invoice for the partial amount of the Product, as well as the total purchase price and any shipping costs, which is delivered to the Delivery Address provided by the Buyer or to the address of the Product at the same time as the Product is delivered to the Buyer. shall be handed over to the Buyer upon personal receipt. The invoice issued by the Seller is a payment document and tax certificate, the content of which complies with the requirements of the relevant legislation.
VI. ORDER PROCESS
1. The Seller may only fulfill the Order placed through the Web Store if the Buyer has accepted the provisions of these GTC and the Buyer has provided all information necessary for the Order. made available to the Seller.
2. The Buyer can add the selected Product to their cart in the Online Store using the button labeled "Add to Cart" after the Buyer has determined the quantity of the Product they wish to purchase.
3. The Customer then clicks the button labeled “Cart” at the top of the Website. By clicking on it is possible to review the purchase, the Customer can delete the Products in the cart, modify their quantity by entering the quantity in the input field provided in the row. The Update Cart button updates the contents of the cart.
4. The Buyer has the option to continue their Order by clicking the “Continue to checkout” button. The already registered and logged in user will be taken directly to the checkout to verify their data, otherwise they must click the “Login” or “Register” button.
5. After that, the Buyer can enter the Billing data, the delivery data, and the delivery and payment requirements. The order can be finalized using the “Order” button. The delivery fee is determined by the value of the order . The delivery fee for domestic delivery is: under 3 kg 2500 HUF, under 10 kg 3000 HUF, and above that an individual price calculation is possible. The delivery fees can also be read on the Website under the “Payment, delivery” menu item.
6. By placing the Order, the Buyer acknowledges that the Seller has enabled him to familiarize himself with the content of these General Terms and Conditions prior to concluding the contract, and by placing the Order, the Buyer accepts them.
7. During the Buyer's purchase process, You can check, identify and, if necessary, correct any errors that may arise during the electronic recording of data at any time.
8. The Seller may be held liable for any order data provided incorrectly or inaccurately by the Buyer. is not responsible for any delivery delays or other problems.
VII. ORDER CONFIRMATION
1. The Buyer's offer becomes effective when it becomes available to the Seller. After the receipt of the Buyer's Order, the Seller first automatically sends the Buyer a feedback by e - mail within 48 hours stating that the Buyer's Order has been received, processing has begun.
2. Orders are processed on business days from 8 a.m. to 4 p.m. It is also possible to place an Order outside the times indicated for Order processing; if it is placed after business hours, its processing will begin on the following business day.
3. Confirmation of the start of processing of the Order does not constitute an agreement on the part of either party. the obligation to perform. The purchase contract between the Parties is concluded at the time when the Seller's confirmation following the completion of the Order processing becomes available to the Buyer based on the Order. The Seller retains ownership of the Product until the purchase price is paid.
4. The The concluded contract is filed and recorded by the Seller, the contract is accessible later, the contract is concluded in Hungarian, but is not considered to be in writing a reserved contract.
5. The Buyer may request information from the Seller about the status of the Order at any time. You can track your order via the contact details provided in the online store or in the contact section of these GTC by referring to the order number, or by logging into the Website with the data provided during registration.
VIII. REFUSAL OR REFUSAL OF A PRODUCT ORDER
1. The Seller has the right to reject the Order if the Buyer has not settled all overdue payment obligations to the Seller by the date of sending the Order.
IX. PAYMENT TERMS
1. When making a purchase in the Online Store, the Buyer has the right to determine the desired payment method: Payment can be made in cash (cash on delivery or in person), by bank transfer. The ordered Product must be paid in advance against a payment request invoice or to the courier upon receipt of the Product.
2. If the advance payment method is chosen, the Seller will only start shipping the Products after the amount to be paid has been credited to the Seller's account. When making a transfer, the Order number received upon confirmation of the Order must be indicated in the Notification column. If the purchase price of the ordered Product does not arrive at the Seller's above account within 1 week, the Seller will attempt to contact the Buyer to clarify the reason for the non-payment. If contact is unsuccessful, the Seller will cancel the Order and send an electronic message (e-mail) to the Buyer. By placing the order, the Buyer acknowledges that the Seller may send marketing letters to the Buyer's e-mail address.
3. The Buyer is not required to pay any fees for using the online store.
X. DELIVERY CONDITIONS
1. The Seller informs the Buyer about the possibility of personal collection of the ordered Product via the Web Store or by e-mail. The Product can be collected in person at the Seller's registered office at 4029, Debrecen Kazinczy u. 4.
2. The Seller ensures that the ordered Product is They will be delivered to the Shipping Address specified in the order.
3. The Seller delivers the Product ordered in the Online Store to the Buyer using the MPL, GLS courier service. to the Delivery Address provided in the Web Store on working days between 8 am and 5 pm.
4. The Seller is not able to undertake delivery on a specific date or partial delivery.
5. Based on the Order, the Product is delivered - Seller's advance differs in the absence of information - it will take place within 3 (three) working days.
6. The Seller considers the person who generally confirms receipt of the Product, or, where applicable, the person authorized to receive shipments at the Buyer's offices, to be the person authorized to receive the Product.
7. Only persons over the age of 18 are entitled to receive the Product. If the Buyer is not ensures that the Product is received by the designated persons, it is not exempt from its obligations arising from the Order. Buyer's Responsibility ensure that the person receiving the Product acts in the name and on behalf of the Buyer, and that the Legal statements made by such a person directly authorize and bind the Buyer.
8. The Buyer is obliged to provide the Delivery Address details in the Order as Delivery Address be clearly identifiable and easily and safely accessible by the transport vehicle. This In case of failure to do so, the Seller shall not be liable for the delivery or its failure, or for any damages that may arise in connection therewith. The Seller shall arrange the delivery in accordance with the Delivery to the main entrance of the building located at.
9. In the event of a returned Product that has not been received, the return shipping fee is borne by the Buyer; the Seller will only resend the Product if the price of the Product has been transferred in advance.
10. The Buyer is obliged to verify without delay, after delivery of the Product, whether the quality and quantity of the service is adequate.
11. The Parties are obliged to cooperate with each other in good faith and fairly in order to achieve the objectives of these GTC. The Buyer is obliged to provide the Seller with the following information when placing the Order: all information necessary for the delivery of the ordered Product. The Buyer's delay excludes the Seller's delay (the Buyer's delay has a suspensive effect on the delivery deadline of the Product).
XI. RULES ON TERMINATION, WARRANTY AND COMPLAINT HANDLING
1. Pursuant to Section 20 of Government Decree 45/2014 (II. 26.) on the detailed rules for contracts between consumers and businesses (hereinafter referred to as the “Government Decree”), in the case of off-premises and distance contracts, the Consumer has the right to withdraw without giving any reason within the period specified in paragraph (2). In the case of off-premises and distance contracts for the provision of Services, if performance begins after the declaration pursuant to Section 13 or Section 19 has been made, the Consumer has the right to withdraw without giving any reason within the period specified in paragraph (2).
(2) The consumer may exercise his right of withdrawal or termination under paragraph (1)
a) in the case of a contract for the sale of goods
aa) the goods,
ab) in the case of the sale of several goods, if the individual goods are supplied at different times, the last supplied good,
ac) in the case of goods consisting of several items or pieces, the last item or piece supplied,
ad) if the goods are to be supplied regularly within a specified period, the first service,
from the date of receipt by the Consumer or a third party designated by him other than the carrier;
b) In the case of a contract for the provision of services, from the date of conclusion of the contract
You can exercise it within fourteen days.
The provisions of paragraph (2) a) do not affect the Consumer's right to exercise the right of withdrawal specified in this Section during the period between the date of conclusion of the contract and the date of receipt of the goods. 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 binding nature of the offer covering the conclusion of the contract. The Consumer may exercise his right provided for in Section 20 by using the declaration model in Annex 1; or by means of a clear declaration to this effect. The right specified in Section 20 shall be deemed to have been exercised within the deadline if the Consumer sends his declaration before the expiry of the deadline specified in Section 20 (2) or Section 21 of the Government Decree. The Consumer shall bear the burden of proving that he has exercised the right specified in Section 20 in accordance with this Section.
The Consumer may not exercise his right under Section 20.
a) In the case of a contract for the provision of a Service, after the Service has been fully performed, but if the contract creates a payment obligation for the Consumer, only if the performance has begun with the Consumer's express prior consent and the Consumer's acknowledgement that he will lose his right of withdrawal as soon as the Seller has fully performed the contract
b) in respect of a good or service whose price or fee cannot be influenced by the financial market undertaking, it depends on its possible fluctuations even during the period specified in Section 20(2);
c) in the case of non-prefabricated goods that have been produced on the instructions or at the express request of the Consumer, or in the case of goods that have been clearly tailored to the Consumer;
d) for goods that are perishable or have a short shelf life;
e) in respect of goods in sealed packaging which, for health or hygiene reasons, cannot be returned after being opened after delivery;
f) in respect of goods which, by their nature, are inseparably mixed with other goods after delivery;
g) in respect of an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the undertaking, and whose price was agreed upon by the parties when concluding the sales contract, but the contract is only fulfilled after the thirtieth day from the conclusion;
h) – with the exception of paragraph (2) – in the case of a business contract where the business visits the Consumer at the express request of the Consumer to carry out urgent repair or maintenance work;
i) in respect of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
j) with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
k) in the case of contracts concluded at public auction;
l) in the case of a contract for the provision of accommodation, other than housing services, transport, car rental, catering or services related to leisure activities, if a deadline or time limit specified in the contract has been stipulated;
m) with regard to digital content provided on a non-tangible medium, if the business has commenced the performance with the express prior consent of the consumer, and the Consumer has simultaneously declared his acknowledgement with this consent that he will lose his right under Section 20 after commencement of the performance, and the business has sent a confirmation to the consumer in accordance with Section 12(2) or Section 18.
In the case specified in point h) of paragraph (1), the right under Section 20 shall extend to services or goods offered in addition to the services expressly requested by the Consumer and to the replacement parts used for maintenance or repair. In the cases specified in points a) to c) and e) of paragraph (1), the Consumer may exercise his right under Section 20 if the contract was concluded in the context of off-premises trading or sales of goods in conjunction with a goods demonstration as defined in the Act on Commerce.
If an ancillary contract is attached to an off-premises contract or a distance contract, the Consumer’s exercise of his right under Section 20 shall also terminate or terminate the ancillary contract. The Consumer shall not be obliged to compensate the Seller for any damage resulting from the termination or termination of the ancillary contract, and no other costs may be claimed from him in connection with the termination or termination of the contract – except for the cases specified in Section 23(3) and Sections 24–26 of the Government Decree . The Seller shall be obliged to notify the third party contracting party involved in the ancillary contract of the Consumer’s withdrawal or termination without delay.
If the Consumer withdraws from an off-premises or distance contract in accordance with Section 22 of the Government Decree , the Seller shall immediately, but no later than fourteen days after becoming aware of the withdrawal, reimburse the full amount paid by the Consumer as consideration, including the costs incurred in connection with the performance. In the event of withdrawal or termination in accordance with Section 22, the Seller shall reimburse the Consumer the amount due to the Consumer in the same manner as the payment method used by the Consumer. With the express consent of the Consumer, the Seller may use another payment method for the reimbursement, but the Consumer may not be charged any additional fees as a result. If the Consumer expressly chooses a method of transport other than the least expensive standard method of transport, the Seller shall not be obliged to reimburse the resulting additional costs. In the case of a contract for the sale of goods, the Seller may withhold the amount specified in paragraph (1) until the Consumer has returned the goods or has proven beyond doubt that he has returned them; whichever is the earlier. The Seller shall not be entitled to withhold if he has undertaken to return the goods himself.
With regard to the processing of the Consumer's personal data, the Seller complies with its obligations under 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 Regulation 95/46/EC (General Data Protection Regulation). The Seller shall refrain from using any content other than personal data provided or created by the Consumer in the course of using the digital content or digital service provided by the Seller, unless such content (a) cannot be used in connection with the digital content or digital service provided by the Seller, (b) relates solely to the Consumer's activities in the course of using the digital content or digital service provided by the Seller, (c) has been combined with other data by the Seller and cannot or would require disproportionate effort to separate it, or (d) has been jointly produced by the Consumer with other persons and may continue to be used by other Consumers. Except as provided for in points a), b) or c), the business shall make available to the Consumer, at the Consumer's request, any content other than personal data provided or created by the Consumer in the course of using the digital content or digital service provided by the Seller. The Consumer is entitled to retrieve the digital content free of charge, without restriction, within a reasonable time, in a commonly used and machine-readable data format. In the event of withdrawal from the contract, the Seller may prevent the Consumer from further using the digital content and the digital service, in particular by making the digital content and the digital service inaccessible to the Consumer or by blocking the Consumer's user account. If the Consumer withdraws from an off-premises or distance contract in accordance with Section 22, he is obliged to return the goods immediately, but no later than fourteen days after the notification of withdrawal. The return is deemed to have been made within the deadline if the Consumer sends the goods before the deadline expires. The Consumer only bears the direct costs of returning the goods. The Seller does not accept goods returned by cash on delivery, and the costs of returning them are also borne by the Buyer! The Consumer is only liable for any depreciation resulting from use exceeding that necessary to establish the nature, characteristics and functioning of the goods. The Consumer is not liable for depreciation if the Seller has has not fulfilled the obligation to provide information on the deadline and other conditions for exercising the right. In the event of withdrawal from the contract, the Consumer shall refrain from using the digital content or digital service and from making it available to third parties. If, in the case referred to in Section 13 or Section 19 of the Government Decree , the Consumer terminates the contract concluded outside the business premises or between distant parties after the commencement of performance, he shall be obliged to pay the enterprise a fee proportional to the service provided up to the date of notification of the termination to the Seller. The amount to be paid by the Consumer proportionately shall be determined on the basis of the total amount of the consideration agreed in the contract plus tax. 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 provided up to the date of termination of the contract. For the purposes of these GTC, when determining the market value, the consideration for the same service provided by enterprises performing the same activity at the time of conclusion of the contract shall be taken into account.
The Consumer shall not bear the following costs when exercising the right of withdrawal:
a) the full or partial costs of fulfilling the contract for the provision of the Service, if
aa) the Seller has not fulfilled the information obligation prescribed in Section 11(1) i) or k) of the Government Decree , or
ab) the Consumer did not request the commencement of the performance of the service pursuant to Sections 13 and 19 before the expiry of the deadline specified in Section 20 (2);
b) the full or partial costs of providing digital content on a non-tangible medium, if
ba) the Consumer has not given his express prior consent for the performance to commence before the expiry of the deadline specified in Section 20 (2),
bb) the consumer, at the same time as giving his consent pursuant to point ba), did not declare his acknowledgement that by giving his consent he would lose his right pursuant to Section 20, or
bc) the Seller failed to provide the confirmation required by Section 12(2) of the Government Decree or Section 18 of the Government Decree .
In connection with the exercise of the right under Section 20, the Consumer shall not be charged any additional costs or other obligations other than those specified in Section 23 (3) and Sections 24–26 of the Government Decree .
2. The Seller shall perform defectively if the service does not meet the quality requirements set out in the contract or by law at the time of performance. The Seller shall not perform defectively if the Buyer was aware of the defect at the time of conclusion of the contract or should have been aware of the defect at the time of conclusion of the contract. In the case of a contract between a consumer and the Seller, it shall be presumed, until proven otherwise, that the defect recognized by the consumer within six months of performance already existed at the time of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect.
3. The Seller shall not be liable to the Buyer for any warranty, guarantee or compensation obligation due to any defect that has arisen after the completion of the Product due to installation of the Product other than that specified in the user manual attached to the Product - including by a professional who does not have the appropriate licenses -, use of the Product other than that specified in the user manual, modification, improper handling, or improper storage . The Seller shall also not be liable to the Buyer for any warranty, guarantee or compensation obligation if the Buyer fails to perform the mandatory maintenance prescribed in the user manual attached to the Product. The maintenance frequencies specified in the user manual are minimum maintenance that the Buyer is obliged to perform even if the Product is not used or is used very little.
4. Information for Consumers regarding the warranty of accessories and product warranty, as well as the guarantee, can be found in Annex 2 to these GTC.
5. The Buyer may refuse to accept the Product that is defective for any reason at the time of delivery. If the Seller performs defectively, i.e. the Product does not meet the requirements set out in the contract at the time of delivery, the Buyer shall be entitled to the warranty and guarantee rights specified in the Civil Code.
6. The party using the service may communicate its complaint regarding the conduct, activity or omission of the Seller or a person acting in the interest or on behalf of the Seller to the Seller orally or in writing using the contact details provided in these GTC. contact details can be found in the related provisions.
A verbal complaint must be investigated immediately and remedied as necessary. If the party using the service does not agree with the handling of the complaint or if immediate investigation of the complaint is not possible, the Seller must immediately record the complaint and its position on it and, in the case of a verbal complaint made in person, hand over a copy of it to the party using the service on site , or in the case of a verbal complaint made by telephone or using other electronic communication services, the Seller sent simultaneously with a written substantive response no later than 30 days after receipt of the complaint. The Seller shall provide a unique identification number to an oral complaint communicated by telephone or using an electronic communication service. The Seller shall respond to a written complaint in a substantively verifiable manner and take measures to communicate it within thirty days of receipt, unless otherwise provided for by a directly applicable legal act of the European Union. A shorter deadline may be established by law, a longer deadline by law. The Seller shall justify its position rejecting the complaint . The Seller shall keep the minutes of the complaint and a copy of the response for three years and present them to the supervisory authorities upon their request. In the event of rejection of the complaint, the Seller shall inform the Consumer in writing of which authority or conciliation body may initiate proceedings with his complaint - depending on its nature. The information must also include the seat, telephone and internet contact details and mailing address of the competent authority or the conciliation body at the Consumer's place of residence or stay. The information must also include whether the Seller has made a general declaration of submission pursuant to Section 36/C. (1) of Act CLV of 1997. The Seller may refrain from investigating a complaint made by the same Consumer with the same content as a previous complaint that has been answered in substance, a repeated complaint that does not contain new information, and a consumer complaint made by an unidentified person.
Other enforcement options
If a potential consumer dispute between the Seller and the consumer is not resolved during negotiations with the Seller, the following legal remedies are open to the party using the service :
Filing a complaint with the consumer protection authorities. If the consumer notices a violation of his consumer rights, he has the right to file a complaint with the consumer protection authority competent for his place of residence, the Seller's registered office and the place of the violation. After assessing the complaint, the authority decides on the conduct of the consumer protection procedure.
The competent inspectorate according to the Seller's registered office:
Hajdú-Bihar County Government Office Consumer Protection Department
Address: 4025 Debrecen, Széchenyi u. 46.
Phone number: (+36 52) 533-924
Fax number: (+36 52) 504-105
E-mail address: beyazzatovedelem@hajdu.gov.hu
Conciliation body. In order to settle a dispute concerning the quality of the service and the conclusion and performance of the contract between the Seller and the consumer (hereinafter referred to as: consumer dispute) out of court, the consumer may initiate proceedings with the conciliation body operating under the competent chamber of commerce and industry according to his/her place of residence. The Seller is obliged to cooperate in the conciliation body proceedings, and within this framework, he/she is obliged to send his/her response to the conciliation body with the content specified in the law within the deadline specified therein. 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 the online settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Seller is obliged to ensure the participation of a person authorised to conclude a settlement at the hearing. If the Seller's registered office, location or branch is not registered in the county of the chamber operating the territorially competent conciliation body, the Seller's obligation to cooperate extends to offering the consumer the possibility of reaching a written settlement in accordance with their needs.
Contact details of the conciliation body competent for the Seller's registered office:
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen Vörösmarty u. 13-15.
Phone number: (52) 500-710; (52) 500-745
Fax number: (52) 500-720
President: Dr. Zsolt Hajnal
Website address: www.hbmbekeltetes.hu
Email: bekelteto@hbkik.hu
Court proceedings: the consumer is entitled to enforce his claim arising from a consumer dispute before the court in the framework of civil proceedings. The Seller and the consumer shall primarily attempt to resolve any disputes arising between them through negotiation, and if this fails, they shall submit to the exclusive decision of the courts of the Seller's registered office for the resolution of their dispute - depending on jurisdiction.
Online dispute resolution: Based on 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 (hereinafter referred to as the Regulation), the European Commission has established an online dispute resolution platform that can be used by both Consumers and Sellers in the event of a consumer dispute between parties to an online sales or service contract. The Consumer can access the online dispute resolution platform using the following link: http://ec.europa.eu/odr .
XII. COPYRIGHT
1. The Website and the related Web Store are protected by copyright. The copyright is reserved. the owner or authorized user of all content displayed on the Website / Online Store: any copyrighted work or other intellectual property (including, but not limited to, all graphics and other materials, the layout and editing of the Website / Web Store interface, the used software and other solutions, ideas, implementation).
XIII. MISCELLANEOUS AND FINAL PROVISIONS
1. The Seller is entitled to engage a subcontractor to fulfill its obligations specified in these GTC. In such a case, the Seller is liable for the performance as if it had performed the performance itself.
2. When using the Website and Web Store operated by the Seller, the Buyer is obliged to ensure the security of his/her own computer and data. The Seller is not liable in any way for any damage or loss of data that may occur during use.
3. The Seller declares that it is not subject to the code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
4. Business customs (Ptk. 6:63. Section (5)) shall govern the legal relationship between the Parties only to the extent that they do not result in a modification of the provisions of this contract.
5. A postponement of performance or a written notice on paper to perform shall interrupt the limitation period.
6. Neither party shall be liable for the performance of its obligations under the contract in cases where it is prevented from performing its obligations under the contract by circumstances beyond the party's control, unforeseen at the time of conclusion of the contract, and which the party could not have expected to avoid or prevent (force majeure). Such circumstances may include, in particular, but not exclusively: acts of war, acts of terrorism or other emergencies, natural disasters, national strikes or illegal work stoppages, extraordinary government measures, collapse of communication systems, server attacks, hacker attacks, unauthorized access, etc.
7. Except in cases of intentional acts or those involving injury to life, limb or health, the Seller's liability for breach of contract - including damages - shall be limited to an amount equal to the total price of the Products covered by the Order. This limitation shall also apply in cases where the Parties' contract is invalid or the Parties provide services to each other under a contract that is no longer in force.
8. The Parties declare that they concluded their contract after due consideration and assuming the risk of possible error, and in view of this, they are not entitled to challenge their legal declaration on the grounds of error. The Parties exclude the possibility of challenging the contract on the grounds of apparent disproportionality.
9. Both contracting Parties are obliged to immediately notify the other Party of any changes not provided for in these GTC. about a fact that may affect the fulfillment of the obligations arising from these GTC.
10. The Seller shall process all personal data provided by the Buyer in accordance with the data protection laws in force at all times and its own is processed in accordance with its data protection policy and information.
11. The Seller and the Buyer shall attempt to resolve any disputes arising between them primarily through negotiation, and if this fails, they shall submit to the exclusive decision of the courts of the Seller's registered office for the resolution of their legal dispute - depending on jurisdiction.
12. The Seller is entitled to unilaterally amend these GTC at any time, however, the provisions of the GTC in force at the time of their conclusion shall apply to contracts already concluded. The Seller shall inform the Buyer of any changes to the GTC via the Web Store. The amended GTC shall enter into force when the Seller posts them on the Website/Web Store. publishes.
15. The language of the contract concluded between the contracting parties and the GTC is Hungarian. Any issues not regulated in these GTC and their interpretation shall be governed by the rules of Hungarian law.
These GTC are effective from 24.03.2024.
Annex 1
Withdrawal/Termination Statement Sample
(fill in and return only if you intend to withdraw from/termination of the contract)
Addressee:
Headquarters:
Mailing address:
Email address:
I/we, the undersigned, declare that I/we exercise my/our right of withdrawal/termination with respect to the contract for the sale of the following product(s):
Date of contract conclusion/date of receipt:
Name of the Consumer(s):
Address of the Consumer(s):
Signature of the Consumer(s): (only in case of a declaration made on paper)
Date
Annex 2
Sample information on warranty of accessories and product warranty
1. Warranty
In what cases can you exercise your right to a warranty?
In the event of defective performance by the Seller, you may assert a warranty claim against the company in accordance with the provisions of the Civil Code.
What rights do you have based on your warranty claim?
You may – at your choice – make the following warranty claims:
You may request repair or replacement, unless the fulfillment of the claim you have chosen from these is impossible or would entail disproportionate additional costs for the Seller compared to the fulfillment of your other claim. If you did not or could not request repair or replacement, you may request a proportionate reduction in the consideration, or you may repair the defect yourself at the Seller's expense or have it repaired by someone else, or - as a last resort - you may withdraw from the contract. In the case of a contract between a consumer and a business - for the sale and purchase of goods classified as movable property, the provision of digital content or the provision of digital services - you may not repair the defect yourself at the Seller's expense or have it repaired by someone else, within the framework of exercising your warranty rights.
You may switch from your chosen warranty right to another, but you will bear the cost of the switch, unless it was justified or the Seller gave a reason for it.
Within what deadline can you assert your warranty claim?
You are obliged to report the defect immediately after its discovery, but no later than within two months of its discovery. However, I would like to draw your attention to the fact that you can no longer assert your warranty rights beyond the two-year limitation period from the performance of the contract. In the case of used goods, this period is at least one year.
Against whom can you assert your warranty claim?
You may assert your warranty claim against the Seller.
What other conditions are there for enforcing your warranty rights?
Within one year from the date of delivery, there is no other condition for asserting your warranty claim other than notification of the defect, if you prove that you purchased the product from the Seller . However, after one year from the date of delivery, you are obliged to prove that the defect you have identified already existed at the time of delivery.
2. Product warranty
In what cases can you exercise your product warranty rights?
In the event of a defect in a movable item (product), you may – at your choice – assert your right specified in point 1 or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
In what cases is a product considered defective?
A product is defective if it does not meet the quality requirements in effect at the time of its release or if it does not have the properties specified in the description provided by the manufacturer.
Within what deadline can you assert your product warranty claim?
You can make a product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this period, you will lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the movable property. In the event of a product warranty claim, you must prove the defect in the product.
In what cases is the manufacturer (distributor) exempt from its product warranty obligation?
The manufacturer (distributor) is only exempt from its product warranty obligation if it can prove that:
– the product was not manufactured or placed on the market as part of its business activities, or
– the defect was not detectable at the time of placing on the market, based on the state of science and technology, or
– the product defect results from the application of a law or mandatory official regulation.
The manufacturer (distributor) only needs to prove one reason to be exempted.
Please note that you cannot assert a warranty claim and a product warranty claim simultaneously for the same defect. However, if your product warranty claim is successful, you may assert a warranty claim against the manufacturer for the replaced product or repaired part.
3. Warranty
In what cases can you exercise your right to a warranty?
In the event of defective performance, the Seller is obliged to provide a warranty to the Consumer based on Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods, and Government Decree 249/2004. (VIII. 27.) on the mandatory warranty for certain repair and maintenance services.
What rights and within what time limit do you have under the warranty pursuant to Government Decree 151/2003. (IX. 22.) ?
Warranty period :
a) one year in the case of a sales price of HUF 10,000 but not exceeding HUF 100,000,
b) two years in the case of a sales price exceeding HUF 100,000 but not exceeding HUF 250,000,
c) three years for sales prices above 250,000 forints.
Failure to meet these deadlines – with the exception of paragraph (4) – results in loss of rights.
The warranty period begins on the day the consumer product is handed over to the Consumer, or if the installation is carried out by the Seller or its agent, on the day of installation. If the Consumer puts the consumer product into operation more than six months after delivery, the starting date of the warranty period is the date of delivery of the consumer product. In the event of a consumer product being repaired, the warranty period is extended from the date of handover for repair by the time during which the Consumer was unable to use the consumer product as intended due to the defect.
the warranty – with the exception of paragraph (3) – can be enforced with the warranty certificate, which cannot be conditioned by the Consumer returning the opened packaging of the consumer product. The irregular issuance of the warranty certificate or the failure to provide the warranty certificate to the Consumer shall not affect the validity of the warranty . In the event of the failure to provide the warranty certificate to the Consumer, the conclusion of the contract shall be deemed proven if the Consumer presents the document proving the payment of the consideration – an invoice or receipt issued under the Value Added Tax Act. In this case, the rights arising from the warranty can be enforced with the document proving the payment of the consideration.
The Consumer may , at his/her choice, assert his/her warranty claim directly at the Seller's registered office, at any of its locations, branches and at the repair service indicated by the Seller on the warranty card. The Consumer may report his/her warranty claim at the following contact details from Monday to Friday between 8:00 and 16:00: by post: 4028, Debrecen Kazinczy u. 4.; by telephone: +36301414000; by e-mail: dmg@oculeus.hu Following the claim - after prior consultation - the Seller's specialists will find the cause of the defect and, if the appropriate tools are available to them, will immediately eliminate it. If this is not possible, the defect will be eliminated at a later date after the necessary tools have been purchased.
During the repair, only new parts may be installed in the consumer product. When fulfilling a repair request, the Seller or - in the case of a repair request made directly to the repair service - the repair service must indicate on the warranty card or attached to it: the date of notification of the repair request and acceptance for repair, as well as the cause of the defect and the method of repair, as well as the date of return of the consumer product to the Consumer. When fulfilling a replacement request, the Seller must indicate on the warranty card the fact and date of replacement. If, during the first repair of the consumer product during the warranty period, the Seller determines that the consumer product cannot be repaired, the Seller is obliged to replace the consumer product within eight days, unless otherwise specified by the Consumer. If the consumer good cannot be replaced, the Seller is obliged to refund the purchase price indicated on the proof of payment of the consumer good presented by the Consumer – an invoice or receipt issued under the Value Added Tax Act – to the Consumer within eight days. If the consumer good fails again after being repaired three times during the warranty period – unless otherwise specified by the Consumer – and if the Consumer does not request a proportional reduction of the purchase price pursuant to Section 6:159(2)(b) of Act V of 2013 on the Civil Code , and the Consumer does not wish to repair the consumer good at the Seller’s expense or have it repaired by someone else, the Seller is obliged to replace the consumer good within eight days. If the consumer good cannot be replaced, the Seller is obliged to refund the purchase price indicated on the document proving the payment of the consumer good – the invoice or receipt issued under the Value Added Tax Act – to the Consumer within eight days. If the consumer good is not repaired within the thirtieth day from the date of notification of the repair request to the Seller, – unless otherwise specified by the Consumer – the Seller is obliged to replace the consumer good within eight days following the unsuccessful expiry of the thirty-day deadline. If the consumer good cannot be replaced, the Seller is obliged to refund the purchase price indicated on the document proving the payment of the consumer good – the invoice or receipt issued under the Value Added Tax Act – to the Consumer within eight days following the unsuccessful expiry of the thirty-day deadline.
Consumer goods with fixed connections, or those weighing more than 10 kg or that cannot be carried as hand luggage on public transport – with the exception of vehicles – must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the removal and installation, as well as the delivery and return shall be arranged by the Seller or, in the case of a request for repair made directly at the repair service, by the repair service.
If the Consumer makes a request for replacement within three working days of purchase (putting into operation) due to a defect in the consumer good, the Seller may not invoke disproportionate additional costs pursuant to Section 6:159 (2) a) of Act V of 2013 on the Civil Code , but is obliged to replace the consumer good, provided that the defect prevents its intended use.
When is a business exempt from its warranty obligation?
The Seller is only exempt from its warranty obligation if it proves that the cause of the defect occurred after performance.
Please note that you cannot assert a warranty claim and a product warranty claim at the same time, in parallel, due to the same defect. Otherwise, you are entitled to the rights arising from the warranty regardless of the rights specified in points 1 and 2.