Terms of purchase
General terms and conditions
GENERAL CONTRACTUAL CONDITIONS
Welcome to the website www.onlinecsapagybolt.hu operated by Szidomark Ltd. ( hereinafter referred to as the Operator ).
The present General Terms and Conditions (hereinafter referred to as the GTC) set out the rights and obligations of Szidomark Kft. (hereinafter referred to as the Service Provider) and the Customer (hereinafter referred to as the Customer) using the e-commerce services provided by the Service Provider through the bearingwebshop.com website (hereinafter referred to as the Service Provider and the Customer together as the Parties). The GTC apply to all legal transactions and services provided through the bearingwebshop.com website, regardless of whether they are performed from Hungary or abroad, by the Service Provider or its intermediaries.
The processing of the Customer's personal data is governed by the Privacy and Data Protection Policy, which is available directly from the main page or via the following link [Privacy and Data Protection Policy].
The technical information necessary for the use of the Website, which is not included in these GTC, is provided in the information available on the interface of the Website.
The images displayed next to the products on the Website are illustrations and the appearance of the products may vary from place to place, and the Service Provider shall not be liable for any deviation therefrom. We are not bound to serve prices unrealistically different from market trends ! The prices shown on the site are only available by ordering online.
Please only use our services if you agree with all of its points and are bound by them.
Data of the website service provider:
Name: Szidomark Kereskedelmi Kft
Registered office and postal address:
3527 Miskolc, August 20, 10.
Tax number:
10304264 - 2 - 05
Company registration number:
Cg. 05 - 09 - 000244;
Borsod - Abaúj - Zemplén County Court of Registration - Miskolc
web: www.szidomark.hu
Electronic contact:
info@szidomark.hu
Phone number:
+36 46/ 354 100
Fax:
+36 46/ 354 100
Contact telephone number:
+36 70 255 95 11
Telephone customer service hours:
Monday - Thursday 9:00 - 16:00, Friday 9:00 - 14:00
Depot provider details :
Name: UNAS Online Kft.
Location: 9400 Sopron, Kőszegi út 14.
Contact: unas@unas.hu
Website: unas.hu
- General information, formation of the contract between the parties
1.1 These GTC apply to all electronic commerce services provided in Hungary through the electronic shop (hereinafter referred to as the "Webshop") located on the website bearingwebshop.com (hereinafter referred to as the "Website"). Furthermore, these GTC shall apply to all commercial transactions in the territory of Hungary between the Parties as defined in this Agreement. Purchases in the Online Bearing Store Webshop are governed by Act CVIII of 2001 on certain issues of electronic commerce services and information society services ("Act on Electronic Commerce Services").
1.2. In case of failure to do so, the Operator will decide on the processing of orders placed by alternative means. A significant part of the content of the Webshop is available to all Customers, however, the purchase is subject to a valid registration (and then login), which anyone is entitled to register, either individually or by agreement with the operators, as set out in the GTC.
1.3.The contract concluded between the parties in Hungarian with the purchase of the goods does not constitute a written contract, the Service Provider does not file it, it is not accessible or available for inspection.
1.4. This may be done by telephone or by e-mail.
1.5. Basic language: Hungarian, English, Slovak.
1.6 The Service Provider is not subject to the provisions of any code of conduct.
1.7.
Customer Service Office.
Customer service by telephone: during the opening hours, see above.
Electronic contact:
info@szidomark.hu.hu
Phone number:
+36 46/ 354 100
Fax:
+36 46/ 354 100
Contact telephone number:
+36 30 9684 314
Finance:
+36 30 430 12 13
Internet address:
- Registration
2.1. You can register by filling in the registration form on the Main Page, where you are required to provide the following information to the Service Provider:
Personal data:
Name
E-mail address
Password
Default delivery details: (these details are optional), based on gls and dpd courier service.
Postal code,
city,
address,
delivery method,
payment method.
Default billing details:
billing name,
city,
address.
The Service Provider will inform the Customer by e-mail about the success of the registration.
By registering on the Website, the Customer declares that he/she has read and accepted the terms of these GTC and the Privacy Policy published on the Website and that he/she agrees to the data processing as set out in the Privacy Policy.
2.2.The Service Provider shall not be liable for any delay in delivery or any other error or problem, if it is due to incorrect and/or inaccurate data provided by the Customer.
2.3. The Customer shall be solely responsible for the confidentiality of the User access data (including, in particular, the password). The Customer shall be obliged to change his password immediately if he becomes aware that the password he provided during registration has been accessed by an unauthorised third party, and if it is suspected that the password is being misused in any way by a third party, the Customer shall notify the Service Provider at the same time.
2.4. The Customer undertakes to update the personal data provided during registration as necessary to ensure that it is up-to-date, complete and accurate. After logging in, by clicking on the Settings link, it is possible to change the previously recorded data, which may also affect the data of active orders. The Service Provider shall not be liable for any damage or error resulting from the modification of the registered data by the Customer.
2.5. The Service Provider is obliged to delete the registration immediately upon receipt of the message. Following the cancellation, the Customer's user data will be immediately removed from the system; however, this will not affect the storage of data and documents related to orders already placed, nor will it result in the deletion of such data. Once removed, it is no longer possible to restore the data.
- Order
3.1 The essential properties and characteristics of the goods to be purchased, the instructions for use of the goods can be found on the information page of the specific product, and the detailed actual properties of the goods are also included in the instructions for use that are enclosed with the product. Where required by law, the instructions for use of the goods we sell are supplied with the goods. If you do not receive the mandatory instructions for use with the goods by mistake, please contact our customer service immediately before using the goods and we will replace them. If you require more information than that provided on the Website about the quality, essential characteristics, use or usability of any goods on the Website or if you have any questions about the goods, please contact our customer service, whose details and contact details are set out in section 1.7. The Service Provider is deemed to have performed its contractual obligations if the product has more favourable or preferable characteristics than the information provided on the website or in the instructions for use.
3.2 The amount indicated next to the selected product is the purchase price, which already includes VAT, but excludes any costs of delivery, assembly, installation.
3.3 The Service Provider reserves the right to change the prices of the products that can be ordered on the Website, which will take effect at the same time as the products are displayed on the Website. The change will not adversely affect the purchase price of the products already ordered, in which case the Service Provider will contact the Customer via the contact details.
3.4 If the Service Provider, despite all due care and diligence, displays an incorrect price on the Website, in particular a price of "0" EUR or "1" EUR which is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the product, or which may be due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase.
3.5 The Service Provider will accept orders via the Website only from registered Customers and only if the Customer fills in all the fields required for the order in full. (If the Customer fills in any field incorrectly or incompletely, the Service Provider will send an error message.) The Service Provider shall not be liable for any delivery delays or other problems or errors caused by the Customer's incorrect and/or inaccurate order data.
In the Webshop, it is possible to place an order by logging in after registration and then using the Shopping Cart. The Customer can add the selected products to the Shopping Cart by using the "Add to Cart" button on the product details page, after selecting the packaging and quantity of the product to be purchased. After clicking on the Shopping Cart icon on the right-hand side of the Website, it is possible to view and modify the contents of the Shopping Cart, or to delete the contents of the Shopping Cart. If the Customer has finalised the contents of the Shopping Cart after clicking on the "Place an Order" link, he/she can check the details of his/her order, modify his/her billing and delivery details, select the payment and delivery method and add comments to his/her order before placing it on the next page. From the summary page, the Customer can click on the "Back" link to edit their details again according to their needs, or click on the "Continue Shopping" link to modify the contents of their Shopping Cart and add more products. The order is placed and the offer is sent to the Service Provider after clicking on the "Order" button on the page summarising the order details, which creates a payment obligation for the Customer.
3.6 The purchase price of the products displayed on the Website is indicated gross of VAT and other public charges, including the money used at the time of payment. The purchase price shown next to the products does not include the cost of delivery. No extra packaging costs will be charged.
The price of the products is normally indicated in Euro ( EUR ), it is possible to order and pay in Euro currency, the easiest way to do this is to search and place an order on www.bearingwebshop.com. The terms and conditions of www.bearingwebshop.com and all related matters are the same as those of bearingwebshop.com, but in a foreign language and currency, not in Hungarian and HUF.
3.7 For orders over 1500 Eur net, the Service Provider may require the Customer to pay a deposit. The amount of the advance payment is 50% of the total net amount ordered. If the Customer is not willing to pay an advance payment but would like to pay in one lump sum, he will receive a prepayment invoice, and the processing of the order will start when the prepayment is settled, i.e. when the total amount of the invoice appears on the bank account of the Service Provider / Operator.
3.8 The order is subject to payment ! The confirmation of receipt of the ordered goods, confirmed and delivered by courier service in the manner indicated, will also entail payment of the delivery costs, in accordance with the provisions of the law. For details on cancelling the cancellation of the ordered goods, please refer to point 7.
- Correcting data entry errors
4.1 At any stage of the order and until the order is sent to the Service Provider, the Customer has the possibility to correct data entry errors in the Webshop at any time, either in his/her account (modification of Customer data) or in the order interface (e.g. deleting a product from the shopping cart by clicking on the "x" button). Data entry errors include, for example, incorrect quantities, placing the wrong product in the shopping cart and then deleting it from the cart, erroneous order details, etc. (e.g. delivery address). Data entry errors include the mixing up of data for orders placed as an individual and as a legal entity, and we are not able to subsequently amend or replace the receipts for these orders.
- Binding nature of the offer, confirmation
5.1. This confirmation email only informs the Customer of the receipt of his order by the Supplier.
The order will be processed between 8:00 and 16:00 on working days. It is also possible to place an order outside of these hours, in which case the Customer's order will be processed on the next working day. The deadline for placing an order is 14:00 on a working day, and the order is packed and dispatched for delivery by 14:00 on the same day or the next working day.
5.2 The contract is considered concluded only when the Service Provider confirms the acceptance of the order by sending a separate e-mail. The confirmation will contain the details of the order: order ID, date of order, list of items, quantity, price of the product, delivery cost and the total amount payable. The Supplier reserves the right to refuse to accept the order and to reject the contract in whole or in part in the case of products that are out of stock, incomplete or cannot be reordered. Partial fulfilment may only take place after agreement with the Customer! In this case, in the event of advance payment of the purchase price of the product, the amount will be returned to the sender.
The order will be confirmed within 24 hours of receipt of the order, or on the working day following the holiday or public holiday in the case of public holidays.
5.3 If the Customer fails to respond to this confirmation within 24 hours, the Service Provider shall consider the order to be final as stated in the confirmation.
5.4. and the Customer for the sale of the confirmed order and the commercially available product(s) in accordance with the contents of these GTC. For the purposes of these GTC, unless otherwise provided for in these GTC, a contract shall be understood as this legal transaction.
5.5 The Customer shall be released from the obligation to make an offer if he does not receive a confirmation e-mail from the Service Provider concerning the order he has sent without delay, but no later than 24 hours after the order was placed.
5.6 If the Customer has already sent his order to the Service Provider and notices an error in the data contained in the confirmation e-mail, he must notify the Service Provider within 1 day or he may do so when contacted by telephone by the Service Provider in order to avoid the execution of unwanted orders.
5.7 The order shall be deemed to be a contract concluded by electronic means and shall be governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on certain aspects of electronic commerce services and information society services. The contract is subject to the provisions of Government Decree 45/2014 (26.02.2014) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
- Payment and delivery terms
6.1. Payment methods
The Service Provider offers the following payment methods to the Customer:
In person, at the place of business. If the Customer chooses to pay for the goods at the Service Provider's premises, only electronic payment is possible via our online webshop interface ( online payment by credit card, paypal, prepayment on the basis of a fee request ). Online prices are valid only for the products delivered and paid for.
Payment on delivery. The Customer may choose to pay the Customer the amount of the delivery fee for the order, which does not form part of the delivery cost. The couriers have the possibility to pay for the ordered products by cash or credit card, this service is independent of us, these are the services of the carriers.
Prepayment to bank account. In the case of advance payment, the order number must always be indicated in the comment field. In case of advance payment, the Customer is entitled to receive the ordered products only after the transfer has been credited. It is possible to use the Paypal payment method, in this case the Service Provider will initiate the payment request to the Customer, which will be notified to the email address provided in the registration or via Paypal.
In case of non-payment of the invoice by bank transfer, the webshop operator or service provider will send a verbal and written warning once after the expiry of the invoice, and after 10 days, the payment will be automatically forwarded to the bailiff's office if the final amount of the invoice issued has not been paid.
6.2. Invoice
Upon receipt of the product or prior to receipt (in any shop, during delivery from the courier, etc.), the Service Provider will provide the Customer with a paper invoice, including, if possible, a PDF invoice (advance payment, advance invoice), as proof of purchase.
Customers who opted for personal delivery when ordering online will receive a printed invoice from the seller at the selected shop. We are not able to modify the invoice afterwards and issue a new one with different customer details.
the Service Provider and the purchase price has been credited to the Service Provider's account.
6.3.3.3 Please make sure that the following are checked by the courier when you receive the parcel:
The packaging is undamaged.
The product(s) delivered correspond(s) in quantity and apparent quality to the order.
Include the invoice and any guarantee letter!
The total amount of the invoice will be the same as the amount stated in the confirmation.
If you notice any defects, report them to the courier and to the customer service of Szidomark Ltd. and ask the courier to take a report.
6.3.4 The receipt of the product from the person who delivered it and the signing of the document confirming receipt of the product shall constitute the acceptance of the quantity and quality of the product, which means that after the receipt of the product by the Customer, the Service Provider shall not be able to accept any subsequent complaints regarding quantity and quality after the courier has left. Thus, by signing the delivery note, the Customer acknowledges that the parcel received is in conformity with the order, both externally and in terms of its contents (no defects in the contents of the parcel, no damage to the packaging or the product). In the case of damaged parcels, a report must always be requested from the representative of the subcontractor carrying out the delivery. In the event of a customer complaint about a damaged parcel (lack of products, loss of products), we can only accept the complaint if the report issued by the carrier is sent.
6.3.5 If the packaging or the product is visibly damaged at the time of receipt and the damage occurred before the receipt of the goods, the Service Provider will ensure the return of the product free of charge. The Service Provider shall not be liable for any damage discovered after acceptance.
Only order the desired products if you are able to pay the courier for them on receipt of the parcel!
6.4 If it is not possible to place the product in the shopping basket on the product data sheet, the Service Provider's partner does not undertake to deliver the product, or the Service Provider does not undertake to deliver the product due to the impossibility of preserving the product, or the product is only for sale in a shop, in which case the Customer cannot place an order for this product. The Customer can purchase the non-deliverable product in the nearest Szidomark Ltd. store.
6.5.Online orders cofirmed by our vie mails.
6.6. Delivery Costs
6.6.1 The delivery charge does not include the delivery of the goods upstairs. Delivery will only be made to the address entered and submitted at the time of ordering ( This can be changed afterwards until the parcels are dispatched, until 14:00 on working days ), however this does not mean that the delivery and billing address cannot be different.
Delivery charges will only be credited for returned items due to a problem caused by our error. We are not able to credit the delivery charge for incorrect returned orders.
6.7.
6.7.1 The courier service will normally deliver within 1 to 2 working days after the parcel has been delivered. Delivery at a specific time is not possible.
6.7.2 The time limit for delivery of the order is usually 0-2 working days. In the case of products purchased from abroad, the delivery time may be up to 3-4 days. Delivery times are for information purposes only, the actual delivery time will always be stated in the order confirmation. For purchases from foreign or external warehouses, the customer will always receive information on price and delivery time in writing to the email address provided.
6.8.
The Customer may, subject to the Customer's prior authorisation and approval, collect the ordered Products in person from the Supplier's premises, but only upon payment of the full purchase price in advance:
H-3527 Miskolc, augusztus 20 út 10 in Opening hours.
- Right of withdrawal
The provisions of this clause apply only to natural persons acting outside the scope of their profession, occupation or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as "Consumer").
The consumer is entitled, in the case of a contract for the sale of goods
- a) products
- b) in case of supply of several products, the last product supplied,
(c) in the case of a product consisting of several lots or pieces, to the last lot or piece delivered,
(d) where the goods are to be supplied regularly within a specified period, to withdraw from the contract without giving any reason within fourteen (14) days of the date of the first supply, the date of receipt of the goods by the Consumer or a third party other than the carrier and indicated by the Consumer.
7.1. Procedure for exercising the right of withdrawal
7.1.1.1 If the Consumer wishes to exercise his right of withdrawal, he must send his clear declaration of his intention to withdraw in writing (for example, by post, fax or electronic mail) to the Service Provider using the contact details indicated at the beginning of these GTC without having to give any reason for doing so, or, if he has received the goods before the deadline, by returning them. For this purpose, the Consumer may also use the model withdrawal form attached to the order confirmation e-mail or available via the following link [sample withdrawal/cancellation form]. The Consumer shall exercise his right of withdrawal within the time limit if he sends his withdrawal notice to the Supplier before the expiry of the time limit indicated above.
If the product ordered by the customer is returned due to incorrect purchase or non-use, a 20% warehousing fee will be charged.
7.1.2 The burden of proving that the Consumer has exercised his right of withdrawal in accordance with the provisions set out in clause 7.
7.1.3 In both cases, the Service Provider shall immediately acknowledge receipt of the Consumer's withdrawal by e-mail.
7.1.4 In the case of a written withdrawal, it shall be deemed to have been validated within the time limit if the Consumer sends the Supplier his declaration to this effect within 14 calendar days (up to and including the 14th calendar day). In the case of notification by post, the date of posting shall be taken into account by the Service Provider, and in the case of notification by e-mail or fax, the date of sending the e-mail or fax shall be taken into account by the Service Provider for the purpose of calculating the time limit. The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven.
7.1.5 In the event of withdrawal, the Consumer shall return the ordered product without undue delay to the address of Szidomark Kft, 3527 Miskolc, Augusztus 20 út 10. or, in case of personal collection, to the premises of the Service Provider indicated by the Consumer for collection, as described in clause 6.8 of these GTC, but no later than 14 days from the date of the communication of the withdrawal. In the case of return by courier, the product must be returned to the address of Szidomark Kft. at 10, Augusztus 20 út, 3527 Miskolc, Hungary.
7.1.7 The deadline is deemed to have been met if the Consumer sends the product before the expiry of the 14-day deadline, delivers it to the post office, delivers it to the premises of the Service Provider indicated by the Consumer in person or delivers it to the courier ordered by the Consumer.
7.1.8 The Consumer shall bear the cost of returning the product to the Service Provider's address, unless the Service Provider has agreed to bear such costs. The Service Provider shall arrange for the return of the goods at the Consumer's request, but the Consumer shall bear the cost of the return transport arranged by the Service Provider, in which case the Service Provider shall assist in the return transport arranged by the Service Provider so that the Consumer does not have to deal with the return transport arrangements, but the Service Provider shall not bear the cost of this return transport from the Consumer. The Consumer's request to this effect shall be received by the Service Provider's customer service. The Service Provider shall not be entitled to collect the parcel returned by the Consumer by cash on delivery. The Consumer shall not be charged any costs other than the cost of returning the product in connection with the withdrawal.
7.1.9 If the Consumer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 days after receipt of the Consumer's notice of withdrawal, except for any additional costs incurred because the Consumer chose a transport method other than the cheapest usual transport method offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has provided credible proof that it has been returned, whichever is the earlier. The Supplier shall use the same method of payment as the one used for the original transaction for the refund, unless the Consumer expressly agrees to another method of payment; no additional costs shall be borne by the Consumer as a result of the use of this method of refund.
7.1.10. The Consumer shall only be held liable for the depreciation of the product if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product.
7.1.11. In the case of a contract for the provision of services, the Consumer shall reimburse the Service Provider's reasonable costs in the settlement of accounts if he exercises his right of termination after the commencement or conclusion of the contract.
7.1.12. The Service Provider may claim the reimbursement of depreciation or reasonable costs resulting from the use of the product beyond the use necessary to determine its nature, characteristics and functioning, if the performance of the service contract has begun, at the express request of the Consumer, before the expiry of the time limit and the Consumer exercises his right of termination.
- Warranty, guarantee
8.1. Compulsory guarantee
8.1.1.1 The Service Provider is subject to a warranty obligation for its products pursuant to the Civil Code and Government Decree 151/2003 (IX.22), which means that it is exempted from liability during the warranty period only if it proves that the defect is due to improper use of the product.
8.1.2 The duration of the warranty (the warranty period) shall begin on the date of actual performance, i.e. the date of delivery of the product to the Customer or, if the installation is carried out by the Service Provider or its agent, the date of installation. Durable consumer goods are the products listed in the Annex to Government Decree 151/2003 (IX.22) on the mandatory warranty period for certain durable consumer goods, for which the law provides for a mandatory warranty period of one year. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary and listed in the Annex to the Regulation.
A defect is not covered by the guarantee if the cause of the defect occurred after the delivery of the product to the Customer, for example, if the defect:
improper installation (unless the installation was carried out by the Service Provider or its agent or the improper installation is attributable to a fault in the instructions for use)
misuse, failure to observe the instructions in the instructions for use,
incorrect storage, incorrect handling, damage,
damage caused by natural disaster.
Condition caused by installation or attempted installation
In the event of a defect covered by the warranty, the Customer:
in the first place, at its option, repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for the Service Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in its original state, the seriousness of the breach of contract and the damage to the Customer's interests caused by the fulfilment of the warranty claim.
if the Service Provider has not undertaken to repair or replace the goods, cannot fulfil this obligation within a reasonable period of time, without prejudice to the interests of the Consumer, or if the Customer's interest in repair or replacement has ceased, the Customer may, at his option, request a proportionate reduction in the purchase price, have the defect repaired or replaced by another party at the Service Provider's expense, or withdraw from the contract. No cancellation may be made for minor defects.
If the Customer requests a replacement within three working days of purchase (installation) due to a defect in the product, the Service Provider is obliged to replace the product, provided that the defect prevents the product from being used as intended.
The repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the product and the use to which the Customer expects it to be put, and without prejudice to the interests of the Customer. The Supplier shall endeavour to carry out the repair or replacement within a maximum of fifteen days. The repair may only involve the installation of a new part in the product. The part of the repair period during which the Customer is unable to use the Product as intended shall not be counted towards the warranty period. In the event of replacement (repair) of the product or part of the product, the warranty period shall start anew for the replaced (repaired) product (part of the product) and for the defect resulting from the repair.
Used, installed, attempted installation products will not be exchanged or credited !
8.1.3. The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after the performance.
8.1.4 The Customer may not assert a warranty claim and a warranty claim for the same defect or a product warranty claim and a warranty claim for the same defect at the same time. Notwithstanding these limitations, the rights arising from the warranty shall remain with the Consumer irrespective of the rights set out in Clauses 8.2 and 8.3. The warranty shall not affect the Customer's statutory rights, in particular the rights to claim for accessories, product warranty and damages.
8.1.5 In the event of a dispute between the parties which cannot be settled amicably, the Customer may initiate conciliation proceedings, as indicated in clause 11.2.
8.2. Warranty
8.2.1 In the event of defective performance by the Service Provider, the Customer may assert a claim for warranty of accessories against the Service Provider. In the case of a consumer contract, the Customer may assert a warranty claim within a limitation period of 2 years from the date of receipt of the product for product defects that already existed at the time of delivery of the product. After the two-year limitation period, the Customer may no longer enforce his rights under the warranty.
8.2.2 In the case of a contract concluded with a non-consumer, the rightful claimant may enforce his warranty claims during the limitation period of 1 year from the date of receipt.
8.2.3 The Customer may, at his option, request repair or replacement, unless the fulfilment of the Customer's chosen claim is impossible or would involve disproportionate additional costs for the Supplier compared to the fulfilment of his other claim. If the Customer has not requested or could not request the repair or replacement, he may request a proportionate reduction of the remuneration or the Customer may have the defect repaired or replaced by another party at the expense of the Service Provider or, as a last resort, may withdraw from the contract. There shall be no right of withdrawal for minor defects. The Customer may switch from one warranty right to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
8.2.4 The Customer shall notify the Service Provider of the defect immediately after its discovery, but no later than two months after the discovery of the defect.
8.2.5. The Customer may assert a warranty claim directly against the Service Provider.
8.2.6 The Customer's right to claim for a replacement within six months of performance of the contract shall be subject to no condition other than notification of the defect if the Customer proves that he has purchased the product from the Supplier (by presenting an invoice or a copy of the invoice). The Supplier shall be released from the warranty in such a case only if he rebuts this presumption, i.e. proves that the defect in the product arose after delivery to the Customer. If the Service Provider can prove that the cause of the defect is attributable to the Customer, the Service Provider is not obliged to accept the Customer's warranty claim. After a period of six months from the date of performance, the Customer shall be obliged to prove that the defect which he has discovered existed at the time of performance.
8.2.8 If the Customer asserts a warranty claim in respect of the part of the Product which can be separated from the Product in respect of the defect indicated, the warranty claim shall not be deemed to be asserted in respect of the other parts of the Product.
8.3. Product Warranty
8.3.1 In the event of a defect in a product (movable item), the Customer, who is a consumer, may, at his option, assert either the right to a subsidiary warranty or a product warranty claim as defined in clause 8.2, but may not assert a subsidiary warranty claim and a product warranty claim for the same defect at the same time and in parallel. However, in the event of a successful product warranty claim, the Customer may assert a subsidiary warranty claim against the manufacturer for the replaced product or repaired part. The Customer may pursue his product warranty claim against the manufacturer or distributor of the movable item. The manufacturer and distributor of the goods are considered to be the manufacturer within the meaning of the Civil Code.
8.3.2 The Customer may only claim the repair or replacement of the defective product as a product warranty claim. In the case of a product warranty claim, the Customer must prove the defect of the product. A Product is considered defective if it does not meet the quality requirements in force at the time of its marketing or if it does not have the characteristics described by the manufacturer.
8.3.3 The Customer has a period of two years from the date on which the product was placed on the market by the manufacturer to assert a product warranty claim, after which time the Customer loses this right.
8.3.4 The manufacturer or distributor shall be exempt from its product warranty obligations only if it can prove that:
the product was not manufactured or put into circulation in the course of his business, or
the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
For the manufacturer or distributor (the Supplier) to qualify for exemption, it is sufficient to
justify the exemption.
The use and installation of products marketed by us can only be carried out professionally if the person concerned has the necessary professional knowledge, so the basis for a quality complaint is the correct and professional installation, which can only be carried out by a professional with the necessary knowledge. This should be accompanied by a certificate of installation issued by a specialist workshop (invoice, or if the completion of the installation failed due to the quality objection, then a worksheet, a contract of engagement). If the consumer has such knowledge, a copy of the certificate certifying this is requested.
- Responsibility
9.1 The information on the Website is provided for information purposes only and is provided in good faith.
9.2 The Customer may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, other than for breach of contract caused intentionally, by gross negligence or by criminal offence, or for damage to life, limb or health.
9.3 The Service Provider excludes all liability for the conduct of the users of the Website. The Customer shall ensure that the use of the Website does not infringe, directly or indirectly, the rights of third parties or the law. The Customer is fully and exclusively responsible for its own conduct. In such a case, the Service Provider shall cooperate fully with the competent authorities in order to detect any infringements.
9.4 The pages of the Service may contain links to the pages of other service providers. The Service Provider is not responsible for the privacy practices and other activities of these service providers.
9.5 The Service Provider is entitled, but not obliged, to monitor the content that may be made available by the Customers when using the Website, and the Service Provider is entitled, but not obliged, to look for indications of illegal activity with regard to the content posted.
9.6 The Customer agrees that, due to the global nature of the Internet, it will act in compliance with the provisions of applicable national laws when using the Website. If any activity related to the use of the Website is not permitted under the laws of the Customer's country, the Customer shall be solely responsible for such use.
9.7 The Customer shall notify the Service Provider immediately if it detects any objectionable content. The Service Provider shall be entitled to delete the information immediately or to modify it if, in its good faith judgment, the report is justified.
The Service Provider shall not be liable in any way whatsoever for any of the points set out below, for whatever reason:
Any incorrect data sent and/or received via the Internet.
Any malfunction in the Internet network that prevents the unhindered operation of the Web Store and the purchase.
Any failure of any receiving device on the communication lines.
Any mail, whether in paper or electronic form, but especially any loss of data.
Any software malfunction.
The consequences of any program failure, abnormal event or technical error.
10.
The Website is protected by copyright. The whole or parts of the content displayed on the Website may not be used, printed, publicly published, distributed, reproduced, stored, transferred or used in any other way for public or commercial purposes in any way whatsoever, for any purpose or to any extent other than for your own personal use, without the prior written permission of the Service Provider.
All information, data and anything else contained on this website is the property of the Operator and the Service Provider ! It is forbidden to modify it without their knowledge and consent, and it is also forbidden to use it in any way for third parties !
- Enforcement possibilities
11.1. Complaints handling
Complaints can be made via the contact details of the Service Provider and the Operator.
In accordance with the legislation in force, the Service Provider will immediately investigate and, if the nature of the complaint so permits, remedy the complaint as necessary. If it is not possible to investigate the complaint immediately or if the Customer does not agree with the handling of the complaint, the Service Provider shall immediately take a record of the complaint and its position on the complaint and a copy of the record
in the case of an oral complaint made in person, hand it over to the Customer on the spot,
in the case of a verbal complaint made by telephone, send it to the Customer at the latest at the same time as the substantive reply specified in the section on written complaints, and shall proceed as provided for in the provisions applicable to written complaints, if no substantive reply to a verbal complaint made by telephone has been received.
The Service Provider shall be obliged to examine the written complaint within thirty days of its receipt, to reply to it in substance and to ensure that the reply is sent to the Customer. If the Service Provider rejects the complaint, it shall state the reasons for its position in its reply on the merits of the rejection. The Service Provider shall keep a record of the complaint and a copy of the reply for five years.
11.2. Other means of redress
The Customer has the following possibilities of legal enforcement if any consumer dispute between the Service Provider and the Customer is not resolved in negotiations with the Service Provider:
Entry in the Customer's customer register. The customer book is available in all the shops of the Service Provider. The Service Provider will reply in writing to any entries made here within 30 days.
Complaints to the Consumer Protection Authorities. If the Customer detects a violation of his consumer rights, he has the right to lodge a complaint with the Consumer Protection Authority of his place of residence. Once the complaint has been examined, the Authority will decide whether to take consumer protection proceedings.
Conciliation Body: For the out-of-court, amicable settlement of consumer disputes relating to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings before the competent conciliation body in his place of residence or domicile, or may apply to the competent conciliation body of the professional chamber of the Service Provider's head office. For the purposes of the rules on the conciliation body, a consumer is also a non-governmental organisation, church, condominium, housing association, micro, small and medium-sized enterprise, as defined in a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.
Contact details of the Borsod-Abaúj-Zemplén County Conciliation Board:
Address:
3525 Miskolc, Szentpáli u. 1.
Phone number:
(46) 501-091, 501-870
Fax number:
(46) 501-099
Name:
Dr. Péter Tulipán
E-mail address:
kalna.zsuzsa@bokik.hu
In the event of a dispute related to an online sales contract, the Customer may also enforce his/her rights electronically by filing an electronic complaint through the online platform. To do so, the consumer simply registers on the online platform available at the following link (link to the online dispute resolution platform), fills in a complete application form and submits it electronically to the Conciliation Board via the platform. This makes it easy for consumers to enforce their rights, despite the distances involved.
In Hungary, the Budapest Board of Conciliation (BBT) is empowered to act in cross-border disputes between consumers and traders related to online sales or service contracts.
Contact details of the Budapest Conciliation Board:
Address:
1016 Budapest, Krisztina kdt. 1013 Budapest, 1014 Krisztina, 99. 310.
Address for correspondence:
1253 Budapest, Pf.:10.
E-mail address:
bekelteto.testulet@bkik.hu
Central telephone number:
+36 1 488 2131
Fax: +36 1 488 2186
Court proceedings. The customer is entitled to enforce his/her claim arising from a consumer dispute before a court of law in civil proceedings in accordance with Act V of 2013 on the Civil Code and Act III of 1952 on the Code of Civil Procedure.
- Other provisions
12.1 The provisions of these GTC, including the terms and conditions applicable to orders, and the prices indicated on the Website shall apply only and exclusively to purchases made through www.onlinecsapagybolt.hu and orders placed via the Internet.
12.2. The condition of using the Website after the modification is that the Customer expressly accepts them through the Website and in the manner provided therein.
12.3 There is no risk in using the Website Store, the security level is adequate, but we recommend that you take the following precautions: install operating system security updates, use virus and spyware protection software with an up-to-date database. Purchasing from the Website implies the Customer's knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology.
Effective date of these Terms and Conditions: 1 May 2017.