- General provisions
- Information about the Service Provider:
Name of the Service Provider.
1111 Budapest, Műegyetem rkp. 3.
Registering authority: the Commercial Court of the Budapest General Court
Company registration number: Cg. 01-09-989523
Tax number: 24080659-2-43
E-mail address: email@example.com
Telephone number: +36 30 137 1199
– hereinafter referred to as “Service Provider”
Website address: www.bmeshop.hu (hereinafter referred to as “Webshop”)
The present general terms and conditions (hereinafter referred to as “GTC”) shall apply to all goods available and purchasable from the Service Provider’s Webshop (hereinafter referred to as “Product”).
A contractual term is a contractual term that is unilaterally determined in advance by its user for the purpose of concluding several contracts, without the involvement of the other party, and that has not been individually negotiated by the parties.
Taking into account the provisions of Act V of 2013 on the Civil Code (hereinafter referred to as “Civil Code”), the parties may not enter into a contract without the prior consent of the other party. “), according to which a general contractual term becomes part of the contract if its applicator has enabled the other party to become acquainted with its content prior to the conclusion of the contract and if the other party has accepted it, the Service Provider publishes and makes available the general contractual terms and conditions applied by it in connection with the contract for the purchase of products distributed in the Webshop by means of these GTC, the express acceptance of which is binding on the persons intending to purchase in the Webshop (hereinafter: “Buyer”) as a prerequisite for making a purchase in the Webshop (the related contract).
The technical information and other information necessary for the use of the Webshop, which is not contained in these GTC, is provided by other information available on the Webshop.
In matters not covered by these GTC, the applicable legal provisions and other mandatory standards shall prevail and apply.
The Service Provider shall not be subject to the provisions of any code of conduct. By using the Webshop, the Customer accepts and acknowledges the provisions of these GTC as binding on him/her, and acknowledges and accepts the terms and conditions set out herein.
- The Customer accepts the provisions of these GTC by clicking on the “Pay” button. By concluding the contract, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and has consented to the processing of his/her data necessary for the use of the Service within the scope of the GTC and the Data Processing Policy.
- The conclusion of the contract is evidenced by the electronically stored purchase data, which the Service Provider keeps for the period specified in the legislation on accounting and taxation.
The contract between the Parties is concluded in Hungarian.
- Furthermore, the Service Provider reserves the right to unilaterally decide to make any modifications to the Webshop (appearance, content, etc.) or to transfer the Webshop to another domain name at any time, in accordance with the applicable legislation and other mandatory applicable norms. .
- 8:1§ (1) para. 3) of Article 8.1.1, i.e. a natural person acting outside the scope of his/her profession, self-employment or business activity, the Service Provider shall provide the pre-contractual information pursuant to Article 11 of Government Decree No. 45/2014 (II. 26) on the detailed rules of contracts between consumers and businesses, by clearly and comprehensibly publishing and disclosing the relevant data in this chapter as follows.
- The Webshop contains full information about the Products currently available and their prices, in gross form, including the applicable Value Added Tax (hereinafter “VAT”)x , with reference to the legal Hungarian currency, in “Ft” format. The Service Provider does not sell products for which the indication of the unit price is required by law (products available in several packages or in several pieces). The Customer can view all data in the Webshop without registration.
- The place of business of the Service Provider is the registered office indicated in point I and its premises listed in the register of companies. The consumer may address his complaints to any of the contact details of the Supplier indicated in point I. The Service Provider shall investigate the oral complaint promptly and, if it has the possibility to do so, remedy it immediately. If the immediate remedy of the oral complaint is not possible, due to the nature of the complaint, or if the Consumer does not agree with the handling of the complaint, the Service Provider shall take a record of the complaint, which shall be kept for 3 (three) years, together with the substantive response to the complaint, pursuant to Article 17/A(7) of the Consumer Protection Act.
In the case of a verbal complaint communicated by telephone or other electronic communication service, the Service Provider shall send a copy of the record to the Customer at the latest at the same time as the substantive reply. In all other cases, the Service Provider shall proceed in accordance with the legal provisions applicable to written complaints.
The Service Provider shall provide the complaint recorded by telephone or other means of communication with a unique identifier, which shall facilitate the subsequent tracing of the complaint.
The Service Provider shall reply to the complaint received in writing within 30 (thirty) days, i.e. within this period, it shall arrange for the reply to the customer’s complaint to be sent by post (dispatch).
If the complaint is rejected, the Service Provider shall inform the Customer of the reasons for the rejection and of the authority or conciliation body to which the Customer may initiate proceedings, depending on the nature of the complaint. If the Customer qualifies as a consumer under the Civil Code, the information shall also include the registered office, telephone and Internet contact details and postal address of the competent authority or conciliation body of the Customer’s place of residence or domicile. The information shall also indicate whether the Service Provider has recourse to the conciliation body for the settlement of the consumer dispute.
- The total amount of the purchase price of the Product, plus the purchase tax for the Product under the contract, is indicated on the “shopping cart” page of the shopping interface, indicating the gross Product prices and any delivery costs.
The purchase price of the Product does not include the delivery charge, which is an additional charge to the price of the Product (unless the delivery of the Product is free of charge and at the expense of the Service Provider in the context of a promotion announced by the Service Provider or the Service Provider does not expressly provide otherwise in the Webshop in relation to the Product concerned, which circumstance is clearly indicated in the Webshop in relation to the Product concerned).
The purchase price of the product is the price indicated at the time of ordering. The purchase price of any product marketed and available in the Service Provider’s product range shall be exclusively governed by and applicable to the purchase price indicated in the Webshop, irrespective of whether the product in question may appear on other on-line or other platforms with a different purchase price from that indicated in the Webshop. The Service Provider expressly states that only the data displayed in the Webshop shall be considered as official, authoritative and applicable, i.e. the product data displayed in the Webshop, including the purchase price, shall be taken into account, and the Service Provider shall not be liable for any discrepancy.
- However, the Service Provider itself does not apply a surcharge.
- Due to the nature of the Product, it is not possible to indicate a unit price. In addition to the usual credit card payment, the Service Provider accepts several payment methods, details of which are available on the Service Provider’s website www.bmeshop.hu and in the FAQ. Confirmation of payment will be sent to the e-mail address provided by the Customer in practically real time and immediately. The rules for complaint handling are set out in Section XII of this document.
- The contract shall not be converted into a contract of indefinite duration.
- The Customer shall not provide the Service Provider with a deposit or other financial security.
14.Operation of digital data content, technical protection measures. The data is stored by the Service Provider on several hard disks on the servers using RAID technology. If any of the hard disks is damaged, the system remains operational with the remaining hard disks. Regular backups of all data are made so that the original data can be restored in the event of a problem.
- Interoperability of the digital data content with hardware and software. Sensitive data is stored with encryption of appropriate strength, using hardware support built into the processor for encryption.
- A list of the competent inspectorates can be found at: http://www.nfh.hu/teruleti Jurisdiction is based on the consumer’s place of residence, the place of establishment of the business, the place of business and the place where the infringement was committed. The application can be submitted to any competent inspectorate.
The consumer can contact the consumer protection authority for any consumer protection problem. The consumer protection authority checks compliance with the provisions laid down as consumer protection provisions in specific legislation. The consumer protection authority acts on request or on its own initiative to investigate the market conduct of the business from a consumer protection point of view. The consumer’s individual case is, however, resolved by the conciliation body (see v), i.e. the consumer protection authority refers the applicant’s case to the conciliation body.
The consumer protection authority is the government office of the competent body according to the place of establishment of the Service Provider:
– Budapest City Government Office Consumer Protection Department
– e-mail: firstname.lastname@example.org
contact: https://www.kormanyhivatal.hu/hu/budapest/szervezetiv. The conciliation body is competent to settle consumer disputes out of court. The task of the conciliation body is to attempt to reach an agreement between the parties to settle the consumer dispute and, if this is unsuccessful, to decide on the case in order to ensure the simple, quick, efficient and cost-effective enforcement of consumer rights. . The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer. The conciliation body is an independent body run by the county (metropolitan) chambers of commerce and industry. The conciliation body of the consumer’s place of residence or domicile is competent to hear cases. In the absence of the consumer’s domicile or residence in the country, the competence of the conciliation body shall be established at the place where the Service Provider is established. The competent conciliation body according to the place of establishment of the Service Provider is called the Budapest Conciliation Board, with its seat at 1016 Budapest, Krisztina krt. 99., Budapest; postal address: 1253 Budapest, PO Box 10; e-mail: email@example.com.
The Service Provider shall, within 8 (eight) days of the delivery of the notice sent by the conciliation body to the Consumer, make a written statement on the validity of the Consumer’s claim and the circumstances of the case, as well as on the acceptance of the decision of the conciliation body as binding, in which it shall state the facts and evidence supporting its claims and attach the documents to the contents of which it refers as evidence. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Service Provider shall ensure the participation of a person authorised to negotiate a settlement in the hearing. Where the registered office or place of business of the Service Provider is not established in the county of the chamber of the territorially competent conciliation body, the Service Provider’s obligation to cooperate shall include offering the consumer the possibility to reach a written settlement in accordance with the consumer’s request.
In addition to the above, the Service Provider informs the Customers that the so-called online dispute resolution platform has been established by Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer online dispute resolution). The aim of this platform is to facilitate the independent, impartial, transparent, efficient, swift and fair online out-of-court settlement of disputes between consumers and traders.
In order to make the existence of the online dispute resolution platform known to a wide range of consumers, traders established in the EU and involved in online sales or service contracts should place an electronic link to the platform on their website.
The online dispute resolution platform will act as a one-stop shop for consumers and traders who wish to settle their disputes under the EU Regulation out of court. The online dispute resolution platform is an interactive website which is available electronically and free of charge in all official languages of the EU institutions, including Hungarian. The electronic link to the online dispute resolution platform (ODR platform) is http://ec.europa.eu/odr
III. Details of the Customer
1.. The Customer undertakes to notify the Service Provider’s customer service immediately in the event of any unauthorised use of his/her data or any other breach of security. The Service Provider shall not be liable for any damages resulting from the storage of the password or from the transfer of the username and password to third parties.
- The Service Provider shall not be liable for any damage resulting from the provision of incorrect, erroneous or false data or e-mail address during the purchase. The Service Provider shall be liable for performance and invoicing in accordance with the data provided by the Customer. The Customer may check and modify his/her data at any time. The Service Provider shall be entitled to delete obviously incorrect or false data and, in case of doubt, to verify the accuracy of the Customer’s data.
- On the subsequent so-called Payment page, the Customer enters the data required for the purchase. If the data needs to be corrected, the Customer can do so without limitation, as long as he has not clicked on the “Pay” button. The payment will then be made via the payment provider’s interface, depending on the payment method chosen.
- The Customer can prohibit the use of his data for this purpose at any time by unsubscribing.
- However, the Service Provider shall not be liable for any damage caused by indefensible attacks that occur despite the utmost care.
- How to shop online
- Detailed rules on the purchase procedure are also available on the Service Provider’s website www.bmeshop.hu.
- By clicking on the cart icon in the top right-hand corner, the Customer can view the Products in the cart, modify their quantity and delete them.
When you have finished shopping, click on the “proceed to checkout” button in the shopping cart.
It is possible to make a purchase without registering. If you register, you only need to fill in the “Billing details” for the first time. Choose one of the delivery options.
Payment is only possible via Barion, You can place your order for the products in your shopping cart by clicking on “Pay with Barion”. The System will then redirect you to the payment system page. After successful payment, your order for the products is successful.
After the order has been received, the Customer will receive a confirmation of receipt of the order within 48 (forty-eight) hours of receipt of the order.
Acceptance of the Product by the Customer is possible only in person, the location and time of which will be notified by the Service Provider to the Customer by e-mail message, except for products ordered by pre-order, within the period specified in Section 2. In the case of products ordered in advance, the time limit for notification of the possible time and place of receipt of the products specified in point 2 shall be calculated from the date of receipt of the pre-ordered products by the Service Provider.
- In this case, it is important that the Customer does not repeat the transaction, but immediately contacts the Service Provider’s Customer Service, which will rectify the problem. At the same time, please note that if you have not received a confirmation of your order within 48 hours, you are released from the obligation to bid, i.e. you are no longer bound by your order and are not obliged to take delivery of the Product, pay the purchase price and the delivery costs.
- The delivery of the Product ordered in the Webshop takes place exclusively in Hungary.
- Purchase price, terms of payment
- The detailed rules for the payment of the purchase price and the payment methods are available on the Service Provider’s website www.bmeshop.hu.
- The Service Provider is not liable for any errors that may occur during the bank payment.
- The Service Provider will send an automatic confirmation e-mail confirming the purchase to the e-mail address provided by the Customer. The Service Provider shall not be liable for any damages resulting from the provision of an incorrect e-mail address.
- The determination of the price of the Products is at the discretion of the Service Provider. The Service Provider reserves the right to change the purchase price of the Products at any time.
- If the Customer does not wish to purchase the selected Product, he may remove it from his basket at any time, or even delete the entire contents of the basket, until the date of payment of the purchase price of the Product by the Customer as specified in these GTC (see also point VI/1).
- The Service Provider shall send the Customer an electronic invoice for the purchase. An electronic invoice is an invoice that contains the invoice data in the form of electronic symbols. An electronic invoice can only be issued, transmitted and stored in electronic form, and its paper version cannot be used as an original authentic document. The Service Provider shall issue the e-invoice automatically on the basis of the data provided by the Customer, with the intervention of an e-invoice service provider. By initiating the purchase process, the Customer expressly declares that he accepts the e-invoice.
- Right of withdrawal and termination
- In the event that the Customer is a consumer under the Civil Code and is therefore subject to the rules of the Consumer Right of Withdrawal regulated by Government Decree 45/2014 (26.II.26.), this right may be exercised as follows:
- In the event that the Customer is a consumer under the Civil Code and is therefore subject to the rules of the consumer’s right of withdrawal regulated by Government Decree 45/2014 (26.II.26.), this right may be exercised as follows:
- The right of withdrawal may be exercised within 14 days from the date of purchase, using the model withdrawal form attached as Annex 2 to these GTC or by any other clear declaration to that effect.
- In addition to completing the model attached as Annex 2 to these GTC, the Customer must indicate the code number on the e-invoice.
- The Customer must return the Product to the Supplier’s registered office no later than fourteen days from the date of the notice of withdrawal. The Customer shall bear the cost of returning the goods. The Buyer shall be liable for any depreciation resulting from the use of the Product beyond the use necessary to determine its nature, characteristics and functioning.
- The Supplier shall reimburse the refund in the same way as the payment method used by the Customer. In the case of a contract for the sale of a product, the Supplier may retain the amount due to the Customer until the consumer has returned the product or has proved beyond reasonable doubt that he has returned it.
- Further detailed information on the right of withdrawal and termination is attached as Annex 3 to these GTC.
Information on the warranty of accessories and product warranty is attached as Annex 3 to these GTC.
VIII. Possible limitations on the operation of the Webshop
- Accordingly, the Service Provider does not guarantee the error-free and uninterrupted operation of the Webshop or that access to the Webshop will be uninterrupted or error-free.
- The Service Provider is entitled to suspend the operation of the Website in whole or in part for maintenance or other security reasons without any prior notice or information.
- The extent of liability may not exceed the value of the purchase transaction.
- The Customer acknowledges that the Service Provider is not liable for any damage or misuse that may occur during or as a result of payment by credit card.
- How complaints are handled
- The registered office of the Service Provider, the place of complaint handling, the mailing address, e-mail address, Internet address and telephone number of its customer service are specified in Section I of the GTC.
- The Customer may notify the Service Provider orally or in writing of any complaint regarding the conduct, activity or omission of the Service Provider directly related to the distribution or sale of the goods. The Service Provider shall immediately investigate the oral complaint and, if possible, remedy it immediately. If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes of the complaint and its position on the complaint and shall provide the Customer with a copy of the minutes in the case of an oral complaint communicated in person, or, in the case of an oral complaint communicated by telephone or other electronic communication service, at the latest at the same time as the substantive reply.
- The Service Provider shall state the reasons for its rejection of the complaint. In the event of rejection of the complaint, the Service Provider shall inform the Customer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The correspondence address of the competent authority or the conciliation body at the place of establishment of the Service Provider must be provided.
- The Service Provider does not carry out a public service activity and is therefore not subject to the special legal rules applicable to service providers carrying out such activities (operation of a special customer service, extended opening hours, advance booking, continuous availability, five-minute check-in time, customer protection adviser, etc.).
- Final provisions
- These GTC are in Hungarian and shall be interpreted in accordance with the rules of Hungarian law.
- In matters not covered by these GTC, the relevant provisions of the Civil Code and other applicable legislation or mandatory standards shall apply mutatis mutandis.
Model withdrawal/cancellation notice
(Please complete and return only in case of withdrawal/cancellation of the contract.)
1111 Budapest, Műegyetem rkp. 3.
I, the undersigned, hereby declare that I exercise my right of withdrawal/cancellation of the following
Date of conclusion of contract / date of receipt:
Name of buyer:
Purchaser’s signature: (only in case of declaration on paper)
Right of withdrawal/cancellation
If you have purchased a product, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal/cancellation period shall expire 14 days after the day on which you or a third party other than the carrier and indicated by you takes delivery of the goods.
If you wish to exercise your right of withdrawal/cancellation, please send a clear statement of your intention to withdraw/cancel (e.g. by post, fax or electronic mail) to the following address. 3., firstname.lastname@example.org.
For this purpose you may also use the model withdrawal/cancellation form attached as Annex 1. You will exercise your right of withdrawal/cancellation within the deadline if you send your withdrawal/cancellation before the deadline indicated above.
Legal effects of withdrawal/cancellation
If you withdraw from this contract, we will reimburse you immediately, but no later than 14 days after receipt of your notice of withdrawal, for all the consideration you have paid, including the cost of carriage (excluding any additional costs incurred because you have chosen a mode of carriage other than the cheapest usual mode of carriage offered by us.) We will use the same method of payment as the original transaction unless you expressly agree to a different method of payment; you will not incur any additional costs as a result of using this method of reimbursement.
In the case of a contract for the sale of a product, you must return or hand over the product to us without undue delay and at the latest within 14 days of the date of your notice of withdrawal. The deadline is deemed to have been met if you send the product before the 14-day deadline has expired. We may withhold the refund until we have received the product back or you have provided proof that you have returned it, whichever is the earlier. You will be directly responsible for the cost of returning the product.
You will only be held liable for depreciation of the product if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product.
Information on the warranty of accessories and product guarantee
- Accessories warranty
When can you exercise your right to a warranty?
In the event of a defective performance by the Supplier, you can claim a warranty of conformity from the company in accordance with the rules of the Civil Code.
What rights do you have under a claim for a guarantee?
You may, at your option, make the following claims:
You can ask for repair or replacement, unless the claim you have chosen is impossible or would involve disproportionate additional costs for the company compared with other claims. If you did not or could not ask for the repair or replacement, you can ask for a proportionate reduction in the price or you can have the defect repaired or replaced at the expense of the undertaking or, as a last resort, you can withdraw from the contract. You can also transfer your right to a different warranty, but you will have to bear the cost of the transfer, unless it was justified or the business gave a reason for it.
What is the time limit for you to claim your rights under the accessory warranty?
You must give notice of the defect as soon as it is discovered, but no later than two months after the defect is discovered. However, you should note that you cannot claim for a defect after the two-year limitation period from the date of performance of the contract.
Who can you claim against?
You can claim your rights against the company.
What are the other conditions for enforcing your rights?
Within six months of the date of performance, you can assert your rights to a claim for a guarantee of conformity on the basis of the defect, provided that you can prove that the product or service was provided by the University of Szeged Student Union. However, after six months from the date of performance, you are obliged to prove that the defect you have discovered existed at the time of performance.
- Product warranty
In which cases can you exercise your right to a product warranty?
If the Customer is a consumer under the Civil Code, he/she may, in the event of a defect in movable goods (product), claim either a warranty for accessories or a product warranty.
What rights do you have under a product warranty claim?
As a product warranty claim, you can only ask for the defective product to be repaired or replaced.
In which cases is the product defective?
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the deadline for making a product warranty claim?
You have two years from the date on which the product was put on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty?
You can only enforce your product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective if you want to claim under a product warranty.
In what circumstances is the manufacturer (distributor) exempted from its product warranty obligations?
The manufacturer (distributor) is only exempted from its product warranty obligation 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.
The manufacturer (distributor) need only prove one ground for exemption.
Please note that you cannot claim both an accessory warranty and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.