Welcome to our website! Thank you for trusting us with your purchase!
If you have any questions about these Terms and Conditions, the use of the website, the products, the purchase procedure or if you would like to discuss your specific needs with us, please contact us using the contact details provided.
Imprint: details of the Service Provider (Seller, Company)
Name: AYURA HERBAL Kereskedelmi Korlátolt Felelősségű Társaság
Registered office: 4030 Debrecen, Epreskert utca 2.
Postal address: 4030 Debrecen, Galamb utca 1-3
Address of store, point of sale: 4030 Debrecen, Galamb utca 1-3
Registering authority: Court of Debrecen
Company Register No.: 09-09-022061
Tax number: 23586970-2-09
Representative: Zsolt Bencze, Csaba Bencze
Phone number: +06 20 455 2555
Bank account nr.: HUF: 10702064-66937647-51100005
Company Register No.: +09 09 022061
Details of the hosting provider
Name: ShopRenter.hu Kft.
Registered office: 4028 Debrecen, Kassai út 129.
Website: 4028 Debrecen, Kassai
Goods: movable goods, including goods put up in containers, bottles, bags, boxes or otherwise in limited quantities or of a specified capacity
Parties: Seller and Buyer jointly
Consumer: a natural person acting outside his trade, profession, self-employed occupation or business
Consumer contract: a contract to which one of the parties is a consumer
Manufacturer: the manufacturer of the product, or in the case of an imported product, the importer who imports the product into the territory of the European Union, and any person who, by affixing their name, trade mark or other distinguishing mark to the product, presents themselves as the manufacturer
Website: this website, of which the webshop is a part, used for the conclusion of the contract
Contract: the contract of sale between the Seller and the Buyer using the Website and electronic mail
Durable medium: any device which enables the consumer or the business to store data addressed personally to him in a way that is accessible in the future, for an appropriate period of time for the purposes for which the data were intended and to display the stored data in an unaltered form
Device for remote peer-to-peer communication: a device which enables the parties to make a contractual statement in their absence in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Product: the goods offered for sale on the Website
Business: a person acting in the course of their profession, self-employed occupation or business
Seller/Company: a legal person selling goods (importer, manufacturer, acquirer under other legal title) through a webshop operating on the Website
Buyer: a person who enters into a contract with the Website by making an offer to purchase
Commercial guarantee: In the case of contracts concluded between a consumer and a business (hereinafter: ‘consumer contracts’), in accordance with the Civil Code,
1. a guarantee for the performance of the contract which the business voluntarily assumes for the proper performance of the contract, in addition to its legal obligation or in the absence thereof, and
2. a mandatory statutory guarantee
Purchase price: the consideration payable for the goods.
The Contract shall be governed by the provisions of Hungarian law, and in particular by the following legal acts:
• Act CLV of 1997 on Consumer Protection
• Act CVIII of 2001 on Electronic Trading Services and Certain Issues Concerning Services in an Information Society.
• Act V of 2013 on the Civil Code
• Government Decree 151/2003 (22 September) on the Statutory Warranty for Certain Non-Perishable Consumer Goods
• Government Decree 45/2014 (26 February) on the detailed rules of contracts between consumers and businesses
• Decree of the Minister of National Economy 19/2014. (29 April) NGM on the Procedural Rules for Handling Warranty and Guarantee Claims for Goods Sold under a Contract between a Consumer and a Business
• Act LXXVI of 1999 on Copyright
• Act CXX of 2011 on the Right of Informational Self-Determination and Freedom of Information
• REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
• REGULATION (EU) No 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 (EC) No 95/46/EC (General Data Protection Regulation)
• Government Decree 373/2021 (30 June) on the Detailed Rules for Contracts between Consumers and Businesses for the Sale of Goods and the Supply of Digital Content and Services
Scope and approval of the Terms and Conditions
The content of the contract concluded by the parties is determined by these Terms and Conditions (hereinafter: ‘Terms and Conditions’), in addition to the provisions of the applicable mandatory legislation. Accordingly, the present Terms and Conditions contain the rights and obligations of the parties, the conditions for the conclusion of the contract, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not contained in these Terms and Conditions, is provided by other information available on the Website.
The Buyer must read the provisions of these Terms and Conditions before finalising their order.
Language of the contract, form of the contract
The language of the contracts covered by these Terms and Conditions is Hungarian.
Contracts covered by these Terms and Conditions are not written contracts and are not registered by the Seller.
Prices are in HUF and include VAT at 27%. The possibility of the Seller changing the prices for commercial policy reasons cannot be excluded. The modification of prices does not apply to contracts already concluded. If the Seller has indicated the price incorrectly and an order for the product has been received but a contract has not yet been concluded between the parties, the Seller shall act in accordance with the “Procedure for incorrect price” clause of the Terms and Conditions.
Procedure in case of incorrect price
The following price is considered to be obviously incorrect:
• A price of HUF 0,
• A price reduced by a discount, but incorrectly indicating the discount (e.g.: in the case of a product of HUF 1,000, a product offered for HUF 500 with a 20% discount indicated).
In the case of incorrect indication of the price, the Seller offers the possibility to buy the product at the real price, in the possession of which information the Customer can decide whether to order the product at the real price or to cancel the order without any adverse legal consequences.
Complaints and redress
The consumer may submit consumer complaints about the product or the Seller’s activities to the following contact details:
• Customer Service office: 4030 Debrecen Galamb utca 3.
• Customer service opening hours: Monday to Friday 09:00 – 14:30
• Telephone: +36 20 455 2555
• Mail address: email@example.com
• E-mail: firstname.lastname@example.org
Entry in the Customers’ Book The Customers’ Book is available in the Seller’s store (customer service). The Seller will reply in writing within 30 days to the entries written here.
The consumer may communicate to the business, orally or in writing, a complaint about the conduct, activity or omission of the business or of a person acting in the interest of the business or on the business’s behalf directly related to the marketing or sale of goods to consumers.
The business must investigate the oral complaint promptly and remedy it as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the business must immediately take a record of the complaint and its position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the
consumer on the spot. In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be provided with a substantive reply within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. In other respects, it shall act on the written complaint as follows. Unless otherwise provided for in a directly applicable legal act of the European Union, the business must reply in writing to the written complaint within 30 days of receipt and take steps to communicate the complaint. A shorter time limit may be laid down by law, or a longer time limit by statute. The business must state the reasons for its rejection of the complaint. Oral complaints communicated by telephone or by electronic communications must be given a unique identification number.
The record of the complaint must contain the following information:
1. the name and address of the consumer,
2. the place, time and manner in which the complaint was lodged,
3. a detailed description of the consumer’s complaint, a list of the documents, records and other evidence presented by the consumer,
4. a statement by the business of its position on the consumer’s complaint, where an immediate investigation of the complaint is possible,
5. the signatures of the person who took the written record and, except in the case of an oral complaint made by telephone or other electronic communication service, the consumer,
6. the place and time of the taking of the written record,
7. in the case of an oral complaint made by telephone or other electronic communications service, the unique identifier of the complaint.
The business shall keep the written record of the complaint and a copy of the reply for three years and shall produce it to the supervisory authorities at their request.
If the complaint is rejected, the business must inform the consumer in writing of the authority or arbitration board to which the complaint may be submitted, according to its nature. The information must also include the address, telephone and Internet contact details and the registered office of the competent authority or arbitration board in the place where the consumer resides or is staying. The information should also include whether the business will use the arbitration board to resolve the consumer dispute. If any consumer dispute between the seller and the consumer is not settled during the negotiations, the following means of redress are available to the consumer:
Consumer protection procedure
Complaints can be lodged with the consumer protection authorities. If the consumer perceives a violation of their consumer rights, they have the right to lodge a complaint with the consumer protection authority in their place of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection proceedings. The first instance consumer
protection authorities are the metropolitan and county government offices competent for the consumer’s place of residence, a list of which can be found at: http://www.kormanyhivatal.hu/
The customer has the right to enforce their claim arising from a consumer dispute before a court in civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Arbitration Board procedure
Please note that the Customer may lodge a consumer complaint against us. If the Customer’s consumer complaint is rejected, the Customer is also entitled to refer the matter to the Arbitration Board competent for the place of residence or stay: the initiation of the Arbitration Board’s procedure is subject to the consumer’s direct attempt to settle the dispute with the business concerned. The Arbitration Board designated in the consumer’s request is competent to take action instead of the competent body, at the consumer’s request.
The business shall have a duty of cooperation in the arbitration procedure.
This includes the obligation for the business to send a reply to the arbitration board’s request and the obligation to appear before the arbitration board (‘to ensure the attendance of a person authorised to negotiate a settlement at a hearing’).
Where the registered office or site of the business is not registered in the county of the chamber of the competent territorial arbitration board, the obligation of cooperation of the business includes offering the possibility of a written settlement in accordance with the consumer’s request.
In the event of a breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines and no possibility of waiving fines in the event of infringement by businesses as a result of the change in the law. In addition to the Act on Consumer Protection, the relevant provision of the Act on Small and Medium-Sized Enterprises has also been amended, so fines cannot be waived for small and medium-sized enterprises.
The amount of the fine for small and medium-sized enterprises may range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises subject to the Accounting Act with an annual net turnover exceeding HUF 100 million, the fine may range from HUF 15,000 to 5% of the enterprise’s annual net turnover, but not more than HUF 500 million. By introducing a mandatory fine, the legislator aims to reinforce cooperation with arbitration boards and to ensure the active participation of businesses in the arbitration procedure.
The arbitration board is competent to settle consumer disputes out of court. The arbitration board’s task is to try to reach an agreement between the parties to resolve the consumer dispute and, if this is not successful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner.
The arbitration board shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.
The arbitration board’s proceedings are initiated at the request of the consumer. The request must be made in writing to the chairman of the arbitration board: the requirement of written form may be met by letter, telegram, telex or fax, or by any other means which permits the recipient to store the data addressed to them permanently for a period of time adequate for the purposes for which the data were intended and to display the data in an unchanged form and content. The request must include
a. the name, residence or domicile of the consumer,
b. the name, registered office or site of the business involved in the consumer dispute,
c. if the consumer has requested the replacement of the competent arbitration board by the competent arbitration board,
d. a brief description of the consumer’s position, the facts in support of it and the evidence in support of it,
e. a statement by the consumer that the consumer has attempted to resolve the dispute directly with the business concerned
f. a statement by the consumer that no other arbitration board has been involved in the matter, that no mediation procedure has been initiated, that no statement of claim has been lodged or that no application for an order for payment has been made,
g. a motion for a decision of the panel,
h. the signature of the consumer.
The application shall be accompanied by the document or a copy (extract) of the document to the contents of which the consumer refers as evidence, in particular a written statement by the business rejecting the complaint or, failing this, any other written evidence available to the consumer that the required conciliation has been attempted.
If the consumer acts through an authorised representative, the authorisation shall be attached to the application.
More information on the Arbitration Boards is available at: http://www.bekeltetes.hu
For more information on the territorially competent Arbitration Boards, visit the following website:
Contact details of each territorially competent Arbitration Board:
Baranya County Arbitration Board
Address: 7625 Pécs, Majorossy I. u. 36
Phone number: +36-72-507-154
E-mail: email@example.com, firstname.lastname@example.org
Bács-Kiskun County Arbitration Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone number: +36-76-501-500; +36-76-501-525, +36-76-501-523
Békés County Arbitration Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: +36-66-324-976
Borsod-Abaúj-Zemplén County Arbitration Board
Address: 3525 MISKOLC, Szentpáli u. 1.
Phone number: +36-46-501-091;+36-46-501-870
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99 I. floor. 111
Phone number: +36-1-488-2131
Csongrád-Csanád County Arbitration Board
Address: 6721 SZEGED, Párizsi krt. 8-12.
Phone number: +36-62-554-250/118
Fejér County Arbitration Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number: 06-22-510-310
Győr-Moson-Sopron County Arbitration Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: +36-96-520-217
Hajdú-Bihar County Arbitration Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: +36-52-500-710
Heves County Arbitration Board
Address: 3300 Eger, Faiskola út 15.
Phone number: +36-36-429-612
Jász-Nagykun-Szolnok County Arbitration Board
Address: 5000 Szolnok, Verseghy park 8. 3rd floor 305-306.
Phone number: +36-56-510-621, +36-20-373-2570
Komárom-Esztergom County Arbitration Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: +36-34-513-027
Nógrád County Arbitration Board
Address: 3100 Salgótarján, Constitution út 9/A.
Phone number: +36-32-520-860
Pest County Arbitration Board
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Postal address: 1364 Budapest, P.O. Box: 81
Phone number: +36-1-792-7881
Somogy County Arbitration Board
Address: 7400 Kaposvár, Anna u.6.
Phone number: +36-82-501-026
Szabolcs-Szatmár-Bereg County Arbitration Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: +36-42-311-544
Tolna County Arbitration Board
Address: 7100 Szekszárd, Gold J. u. 23-25. 3rd floor
Phone number: +36-74-411-661
Vas County Arbitration Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: +36-94-312-356
Veszprém County Arbitration Board
Address: 8200 Veszprém, Radnóti tér 1. földszint 115-116.
Phone number: +36-88-814-121
Zala County Arbitration Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Phone number: +36-92-550-513
Online dispute settlement platform
The European Commission has set up a website where consumers can register and settle their online shopping disputes by filling in an application form, avoiding the need for court proceedings. This will allow consumers to enforce their rights without, for example, being prevented by distance.
If a Buyer wants to make a complaint about a product or service purchased online and does not necessarily want to go to court, they can use the online dispute resolution tool.
On the portal, the Buyer and the trader against whom they have made a complaint can jointly choose the dispute resolution body they want to entrust with handling the complaint.
The online dispute settlement platform is available here:
Partial invalidity, code of conduct
If a section of the Terms and Conditions is legally flawed or ineffective, the remaining sections of the contract remain in force and the provisions of the applicable law apply in place of the ineffective or invalid part.
The Seller does not have a Code of Conduct pursuant to the Act on the prohibition of unfair business-to-consumer practices.
Information on the main characteristics of the products
Information about the main characteristics of the products available for purchase is provided in the descriptions of each product on the Website.
Rectification of data entry errors – Responsibility for the accuracy of the data provided
During the placing of an order, the buyer has the possibility to modify the data entered at any time before finalising the order. The correctness of the data is always the sole responsibility of the buyer. The product is invoiced and delivered on the basis of these data. Please note that an incorrectly entered e-mail address or the fullness of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract. If the Buyer has finalised their order and discovers an error in the data provided, they must initiate a modification of their order as soon as possible. The Buyer may notify the Seller of the modification of an incorrect
order by sending an e-mail to the e-mail address provided at the time of ordering or by calling the Seller.
Use of the website
No registration is required to make a purchase.
Selection of the Product
By clicking on the product categories on the website, you can select the desired product range and the individual products within it. By clicking on each product you find a photo, a description and the price. When purchasing, the buyer must pay the price indicated on the website.
Adding to cart
After selecting a Product, the Buyer can click on the ‘Add to Cart’ button to add any number of Products to the cart without incurring any obligation to purchase or pay, as adding a Product to the cart does not constitute an offer.
The contents of the cart may be freely modified until the order is finalised, the products may be removed from the cart as desired, new products may be added to the cart as desired and the desired product number may be changed.
If the Buyer adds the selected product(s) to the shopping cart, a separate window will pop up with the text “The following product(s) have been successfully added to the shopping cart:”. If the Buyer does not wish to select any more products, they must click on the ‘Proceed to cart’ button. If they wish to view the selected product again or add another product to their shopping cart, they must click on the ‘Continue shopping’ button.
When using the website, the Buyer can check the contents of the shopping cart at any time by clicking the ‘Shopping Cart’ icon. Here they can remove selected products from the cart or change the number of items in the cart.
If the Buyer does not wish to select any further products and add them to the cart, they can proceed with the purchase by clicking on the ‘continue to checkout’ button.
Entering Customer data
After clicking on the ‘continue to checkout’ button, the range of data to be provided by the Buyer is displayed, as well as the option to subscribe to the newsletter. In the ‘Delivery method’ box, the Buyer can choose how they wish to receive the ordered product, by GLS courier delivery or by collection in store, with the current price of these displayed next to the selected delivery method. The Buyer then provides the delivery address. In the ‘Payment’ box, they have the option to select whether they want to pay by credit card, by bank transfer or by cash on delivery. If the Buyer collects the product in store or reaches the current threshold for free delivery and pays by credit card in the online shop or by pre-transer, there is no delivery fee. If they do not reach the free delivery threshold
or request a cash on delivery payment method, they will in any case be obliged to pay the current delivery/cash on delivery fee.
Submitting the order
After completing and reviewing the text boxes above, the Buyer must accept the General Contracting Terms and Conditions and click on the ‘Submit Order’ button to finalise, i.e. submit the order. By clicking on the Shopping Cart icon, they may at any time return to the contents of the Shopping Cart or remove and add other products.
Finalisation of the order (offer)
If the Buyer is satisfied that the contents of the shopping cart correspond to the products the Buyer wishes to order and that the Buyer’s details are correct, they can complete the order by clicking on the ‘Submit Order’ button. The information provided on the website does not constitute an offer by the Seller to conclude a contract. For orders covered by these Terms and Conditions, the Buyer shall be deemed to be the Bidder.
By clicking on the ‘Submit Order’ button, the Buyer expressly acknowledges that their offer shall be deemed made and that their declaration shall, in the event of confirmation by the Seller in accordance with these Terms and Conditions, entail an obligation to pay. The Buyer is bound by their offer for a period of 48 hours. If the Buyer’s offer is not confirmed by the Seller within 48 hours in accordance with these GCTC, the Buyer shall no longer be bound by their offer.
Processing of the order, conclusion of the contract
The Buyer may place an order at any time. The Seller shall confirm the Buyer’s offer by e-mail no later than the working day following the day of submission of the Buyer’s offer. The contract is concluded when the confirmation e-mail sent by the Seller becomes available to the Buyer in their mailing system.
Bank card payment
Quick and secure payment by credit card in our webshop. The MasterPass payment method is provided by MasterCard, but all types of bank cards (Visa, Mastercard, Maestro, Amex) can be used for payment.
Products can also be paid for by bank transfer. In this case, we send a receipt to the Buyer by e-mail after receiving of their order, based on which payment can be made, and the parcel is dispatched on the working day after the receipt of the funds.
Cash on delivery
If they wish to pay the value of their order upon receipt of the parcel by the courier, they can choose the ‘Cash on delivery’ payment method.
Collection methods, collection fees
GLS courier service
The product is delivered by GLS courier service.
For more information, please visit https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
We cover the delivery fees for all orders over HUF 40,000. In the case of pre-transfer, we send a receipt by e-mail after the order, based on which payment can be made. The parcel is dispatched after the receipt of the funds.
GLS parcel point
In addition to door-to-door courier delivery for online purchases, customers can conveniently collect their parcel at their own convenience and time at over 500 GLS ParcelPoints across the country, where they can pay by cash or credit card if specified.
The general performance deadline for the order is a maximum of 5 days from the date of order confirmation. In the event of late performance by the Seller, the Buyer has the right to set an additional deadline for performance. If the Seller fails to perform within the additional deadline, the Buyer shall be entitled to withdraw from the contract.
Reservation of rights, ownership clause
If the Buyer has previously ordered a Product without having taken delivery of it at the time of delivery (not including the case where they have exercised their right of withdrawal) or if the Product was returned to the Seller marked ‘not sought’, the Seller shall make performance of the order conditional upon payment in advance of the purchase price and delivery costs.
The Seller may withhold delivery of the Product until it is satisfied that payment for the Product has been successfully made using the electronic payment solution (including where, in the case of a Product paid for by bank transfer, the Buyer transfers the purchase price in the currency of the Member State in which the Product is sold and the Seller does not receive the full amount of the purchase price and delivery fee due to the conversion and bank commissions and charges). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
In the case of a court dispute, the Buyer acknowledges the exclusive jurisdiction of the Debrecen District Court.
In using the Website, the Seller does not distinguish between Buyers within the territory of Hungary and Buyers outside of the country, within the territory of the European Union. Unless otherwise provided for in these Terms and Conditions, the Seller ensures the delivery/collection of the ordered products in Hungary.
The provisions of these Terms and Conditions shall also apply to purchases made outside Hungary, with the proviso that, for the purposes of this Section, a consumer shall be deemed to be a buyer under the provisions of the relevant Regulation if they are a national or resident of a Member State or an undertaking established in a Member State and purchasing goods or services within the European Union solely for the purpose of final consumption, or acting with such intent. A consumer is a natural person who is acting for purposes which are outside their trade, business, craft or profession.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the Buyer’s Member State.
The Seller is not obliged to comply with any non-contractual requirements, such as labelling or sector-specific requirements, laid down in the national law of the Member State of the Buyer in relation to the Product concerned, or to inform the Buyer of such requirements.
Unless otherwise provided, the Seller applies the VAT applicable in Hungary to all Products.
The Buyer may exercise their enforcement rights pursuant to these Terms and Conditions.
In the case of international sales, payment for the product can only be made by pre-transfer. This payment is made in the currency specified by the Seller.
The Seller may withhold delivery of the Product until it is satisfied that the price of the Product and the delivery fee has been successfully made (including where, in the case of a Product paid for by bank transfer, the Buyer transfers the purchase price (delivery fee) in the currency of the Member State in which the Product is sold and the Seller does not receive the full amount of the purchase price due to the conversion and bank commissions and charges). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
The Seller works exclusively with the GLS courier service for the delivery of the Product, which limits the existing transport possibilities in a given country.
If the Customer may choose to collect the Product in person from the Seller in accordance with the Terms and Conditions, this option is also available to Customers outside Hungary.
Otherwise, the Customer may request to have the Product delivered abroad at their own expense. Hungarian Customers do not have this right.
The Seller shall fulfil the order after payment of the delivery fee, if the Customer does not pay the delivery fee to the Seller or does not arrange their own delivery by the date agreed in advance, the Seller shall terminate the contract and refund the purchase price paid in advance to the Customer.
Information on the consumer’s right of withdrawal
Only natural persons acting outside the scope of their profession, independent occupation or business activity are considered consumers pursuant to Section 8:1 (1) 3 of the Civil Code, therefore legal persons may not exercise the right of withdrawal without reasoning.
Pursuant to Section 20 of Government Decree 45/2014 (26 February), the consumer has the right to withdraw without reasoning. The consumer may exercise their right of withdrawal
a) in the case of a contract for the sale and purchase of products
aa) with regard to the product,
ab) in the case of the sale of several products, if the supply of each product takes place at different times, with regard to the last product supplied,
within 14 days of the date of its receipt by the consumer or a third party other than the carrier and indicated by the consumer.
Nothing in this point shall affect the consumer’s right to exercise their right of withdrawal under this Section 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 has the right to withdraw the offer before the conclusion of the contract, which removes the obligation to make an offer to conclude the contract.
Withdrawal notice, exercise of the consumer’s right of withdrawal or termination
The consumer may exercise the right provided for in Section 20 of Government Decree 45/2014 (26 February) by means of a clear declaration to this effect or by using the declaration template that can be downloaded from the website.
Validity of the consumer’s withdrawal declaration
The right of withdrawal is deemed to have been exercised within the deadline if the consumer sends their declaration within the deadline. The deadline for this is 14 days.
The burden of proof that they have exercised their right of withdrawal in accordance with this provision lies with the consumer.
The Seller shall acknowledge the consumer’s withdrawal on an electronic medium upon receipt.
Obligations of the Seller in the case of withdrawal by the consumer
Reimbursement obligation of the Seller
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (26 February), the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs caused by the selection of a mode of transportation other than the least costly usual mode of transportation.
Method of reimbursement by the Seller
In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (26 February), the Seller shall reimburse the amount due back to the consumer using the same method of payment as used by the consumer. Subject to the express consent of the consumer, the Seller may use another method of payment for reimbursement, but the consumer shall not be charged any additional fee. The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
If the Consumer expressly chooses a mode of transportation other than the least costly usual mode of transportation, the Seller is not obliged to reimburse the additional costs resulting therefrom. In such a case, we are obliged to reimburse up to the amount of the standard delivery charges indicated.
The Seller may withhold any amount due to the consumer until the consumer has returned the product or has proved beyond reasonable doubt that they have returned them, whichever is the earlier. The Seller shall not accept consignments sent with cash on delivery or a postage fee to pay.
Consumer obligations in the case of withdrawal or termination
Return of the product
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (26 February), the consumer is obliged to return the product immediately, but no later than fourteen days from the date of the withdrawal, or to hand it over to the Seller or to a person authorised by the Seller to receive the product. The return is deemed effected within the deadline if the consumer dispatches the product before the expiry of the deadline.
Bearing of direct costs relating to the return of the product
The consumer bears the direct costs of returning the product. The product must be returned to the address of the Seller. If the consumer terminates the off-premises or distance contract for the provision of a service after the performance has begun, they must pay the company a fee proportionate to the service provided up to the time of the notification of the termination to the company. The amount to be paid by the consumer pro rata is determined based on the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to take delivery of products returned with cash on delivery or a postage fee to pay.
Consumer’s liability for depreciation
The consumer is liable for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product.
The right of withdrawal may not be exercised in the following cases
The Seller expressly draws the Buyer’s attention to the fact that the Buyer may not exercise the right of withdrawal pursuant to Section 29 (1) of Government Decree 45/2014 (26 February) in connection with the Seller’s products in the following cases:
a. in respect of a perishable product or a product with a short shelf life;
b. in respect of a product in sealed packaging that cannot be returned following opening after delivery for health or hygiene reasons;
c. in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
Requirements for contractual performance
Contractual performance requirements for goods generally sold under a consumer contract and goods containing a digital element
The product and the performance must comply with the requirements of Government Decree 373/2021 (30 June) at the time of performance.
In order for the performance to be deemed in conformity with the contract, the products constituting the subject of the contract must
• comply with the description, quantity, quality, type and have the functionality, compatibility and other characteristics specified in the contract
• have a user manual
In order for the performance to be deemed in conformity with the contract, the products constituting the subject of the contract must also
• be suitable for the purposes specified for the same type of product by legislation, technical standard or, in the absence of a technical standard, by the relevant code of conduct
• be of the quantity and quality reasonably expected by the Consumer for a product of the same type, taking into account any public statement, in particular in advertising or on a label, concerning the specific characteristics of the product, which the Seller, their representative or any other person in the supply chain may have made,
• have the accessories and instructions, including packaging or instructions for consumption, which the consumer could reasonably expect, and
• correspond to the characteristics and description of the product presented or made available as a sample, model or specimen by the company prior to the conclusion of the contract.
The product need not conform to the above public statement if the Seller proves that
• they did not know and had no reason to know of the public statement
• the public statement has been adequately corrected by the time of the conclusion of the contract, or
• the public statement could not have influenced the decision of the person entitled to conclude the contract
Warranty, product warranty, guarantee
This Section of the consumer information was prepared pursuant to the authorisation of Section 9(3) of Government Decree 45/2014 (26 February), applying Annex 3 of Government Decree 45/2014 (26 February), supplemented by the provisions of the legislation adopted after the entry into force of the Government Decree.
When can the Buyer exercise their warranty right?
In the event of defective performance by the Seller, the Buyer may enforce a warranty claim against the Seller in accordance with the provisions of the Civil Code and, in the case of consumer contracts, in accordance with the provisions of Government Decree 373/2021 (30 June).
What are the rights of the Buyer under a warranty claim?
General rules on warranty rights
Taking into account the nature of the product, the Buyer may exercise the following warranty claims:
They may request a replacement unless it is impossible or would involve a disproportionate additional cost to the Seller. If they have not requested or could not request replacement, they may request a proportionate reduction in the price or, as a last resort, withdraw from the contract.
They may switch from one warranty right to another, but the cost of the switch shall be borne by the Buyer, unless it was justified or the Seller has given a reason for it.
In the case of customers who are not consumers, the enforcement deadline for the warranty right is 1 year from the date of performance (delivery).
Specific rules of warranty rights
The Seller may refuse to bring the goods into conformity if replacement is impossible or would result in disproportionate additional costs to the Seller, taking into account all the circumstances, including the value of the goods in their original condition and the seriousness of the breach of contract.
The consumer shall also be entitled to claim a proportionate reduction of the consideration or to terminate the sale and purchase contract, according to the seriousness of the lack of conformity, if
• the seller has not executed the replacement or has executed the replacement but has failed to comply, in whole or in part, with the following conditions
o the Seller must ensure the return of the replaced goods at their own expense
o if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the
obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
• refused to bring the goods into conformity
• there have been repeated performance errors despite the Seller’s attempts to bring the goods into conformity
• the performance error is of such a serious nature to justify immediate price reduction or immediate termination of the sale and purchase contract, or
• the seller has not undertaken to bring the goods into conformity or it is clear from the circumstances that the company will not bring the goods into conformity within a reasonable deadline or without significant detriment to the consumer.
If the consumer wishes to terminate the sale and purchase contract on the ground of lack of conformity, the burden of proving that the lack of conformity is insignificant lies with the seller.
The Consumer is entitled to retain the remaining part of the purchase price, in whole or in part, in proportion to the seriousness of the lack of conformity, until the Seller has fulfilled their obligations regarding the conformity of the performance and the performance error.
The general rule is that:
• the Seller must ensure the return of the replaced goods at their own expense
The reasonable deadline for the replacement of the goods is calculated from the date on which the Consumer notified the company of the defect.
The consumer must make the goods available to the company in order to execute the replacement.
The delivery of the consideration is proportionate if it is equal to the difference between the value of the goods to which the consumer is entitled in the case of performance of the contract and the value of the goods actually received by the consumer.
The Consumer’s warranty right in relation to the termination of the sale and purchase contract may be exercised by means of a declaration addressed to the Seller expressing the decision to terminate the contract.
If the defective performance relates only to a specified part of the goods supplied under the sale and purchase contract and the conditions for exercising the right to terminate the contract are fulfilled in respect of that part, the Consumer may terminate the sale and purchase contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired with them if the Consumer cannot reasonably be expected to keep only the goods which are in conformity with the contract.
If the Consumer terminates the sale and purchase contract in its entirety or in respect of part of the goods supplied under the sale and purchase contract of sale,
• the Consumer shall return the goods concerned to the Seller at the Seller’s expense, and
• the Seller shall refund to the Consumer the purchase price paid for the goods concerned as soon as the goods or the certificate proving the return of the goods is received.
What is the deadline for the Buyer to enforce their warranty claim?
The Buyer must notify the defect as soon as it is discovered. A defect notified within two months of its discovery shall be considered notified without delay. Please note, however, that you cannot exercise your warranty right beyond the two-year limitation period from the date of performance of the contract. If the subject matter of the contract between the consumer and the company is for second-hand goods, the parties may agree on a shorter limitation period; even in this case, a limitation period of less than one year cannot be validly agreed.
Who can you enforce your warranty claim against?
The Buyer may enforce a warranty claim against the Seller.
What are the other conditions for exercising your warranty rights?
Within six months from the date of performance, there are no conditions for exercising a warranty claim other than the notification of the defect, if the Buyer proves that the goods or services were provided by the Seller. However, after six months from the date of performance, the Buyer must prove that the defect discovered by the Buyer existed at the time of performance.
In the case of second-hand products, warranty and guarantee rights normally differ from the general rules. In the case of second-hand products, defective performance may also be considered, but the circumstances under which the Buyer could have expected certain defects to occur must be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more frequent, which means that it cannot be assumed that a second-hand product can be of the same quality as a newly purchased product. On this basis, the Buyer can only assert their warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the second-hand product is defective and the Buyer, being the Consumer, was informed of this at the time of purchase, the Service Provider shall not be liable for the known defect.
When can the Buyer exercise their product liability right?
In the case of a defect in a movable item (product), the Buyer may, at their discretion, exercise a warranty claim or a product liability claim.
What are the rights of the Buyer under a product liability claim?
In a product liability claim, the Buyer may only request the repair or replacement of the defective product.
When is a product deemed to be defective?
A product is deemed to be defective if it fails to comply with the quality requirements in effect at the time it is released to the market, or if it does not have the features included in the product description provided by the manufacturer.
What is the deadline for the Buyer to enforce their product liability claim?
The Buyer may make product liability claims within two years of the date when the product is released to the market by the manufacturer. Their right will lapse after this deadline.
Against whom and under what other conditions can you enforce your product liability claim?
You may make product liability claims only to the manufacturer or distributor of movable objects. In case of making a claim under product liability, the Buyer must prove defect of the product.
When can the manufacturer (distributor) be released from product liability?
The manufacturer (distributor) shall be released from product liability only if it is able to prove that:
• it did not manufacture or distribute the product in the framework of its business activities, or
• the defect was unrecognisable using the technology available at the time of releasing the product to the market, or
• the product defect arose out of the application of legislation or a statutory requirement.
The be released from liability, the manufacturer (distributor) only needs to prove one reason.
The Buyer may not enforce a warranty claim and a product liability claim for the same defect simultaneously and in parallel. However, in the case of a successful product liability claim, they can assert their warranty claim against the manufacturer for the replaced product or repaired part.
Rules on the handling of guarantee claims
In dealing with a replacement, the Seller shall endeavour to complete the replacement within 15 days. The deadline for repair starts when the consumer goods are received.
If the replacement takes longer than fifteen days, the Seller must inform the Buyer of the expected time frame for the replacement.
During the guarantee period, the Seller must replace the consumer goods within eight days. If the consumer goods cannot be replaced, the Seller must reimburse the Buyer within eight days for the purchase price indicated on the receipt presented by the consumer, i.e. the invoice or receipt issued under the VAT Act, proving payment of the price of the consumer goods.
By accepting the Terms and Conditions, the Buyer agrees that they may be informed by electronic means or by any other means that can be used to prove receipt by the Buyer.
What is the relationship between the guarantee and other warranty rights?
Guarantee is ancillary to warranty rights (product liability and warranty), the fundamental difference between general warranty rights and guarantee being that the burden of proof is more favourable to the consumer in the case of guarantee.
The Seller’s undertaking during the period of the mandatory guarantee must not contain conditions for the consumer which are less favourable than the rights granted by the rules on mandatory guarantees. After that period, however, the conditions of the voluntary guarantee may be freely determined, but the guarantee may not affect the consumer’s statutory rights, including those based on the warranty.
When is the Seller released from their guarantee obligation?
The Seller is only released from their guarantee obligation if they prove that the cause of the defect arose after performance.
Please note that you may not enforce a warranty claim and a guarantee claim or a product liability claim and a guarantee claim for the same defect at the same time, but otherwise, the Buyer is entitled to the rights arising from the guarantee irrespective of the warranty rights.
Maintenance of the service
The company is entitled to suspend the service for the maintenance of the website without any prior information or notice. The User acknowledges that in exceptional cases, the continuous operation of the service may be interrupted without the prior knowledge and intention of the Company. In such cases, the company will make every effort to restore the service as soon as possible, but does not undertake any time guarantee for the restoration. The User is aware that the transmission of data on the Internet and its speed depend on a number of factors. The Company will make every effort to ensure the rapid exchange of data, but does not undertake any guarantee for the delay or possible loss of information.
Users must not breach or attempt to breach the security of this website, including in particular:
• accessing data not intended for the User or logging on to a server or identifier to which the User is not entitled;
• attempt to assess, spy on, or test the vulnerability of the system or network, or breach system security or access control measures without proper authorisation;
• attempt to interfere with or disrupt the services provided to any User, host or network, including, but not limited to, by: placing viruses on the website, overloading, flooding, spamming, mailbombing or crashing the website
• sending unsolicited e-mails, including the promotion and/or advertising of products or services;
• tampering with any chapter of any TCP/IP packet or any part of the information contained in that chapter when posting any e-mail or newsgroup.
Violation of the system or network security may result in civil or criminal consequences. The User agrees not to use any device, software or process to interfere or attempt to interfere with the proper working of this website or any activity on this website.
The company reserves the right to modify, partially or completely terminate this website without prior notice.