GTC
This document will not be filed, it is concluded in electronic form only, it is not a written contract, it is written in Hungarian, it does not refer to a code of conduct. In case of any questions regarding the operation of the webshop, ordering and delivery process, please contact us at the contact details provided. These GTC apply to the legal relations on the Service Provider’s website https://vertim.net and its subdomains. These GTC are permanently available on the following website: https://vertim.net
Service Provider’s details:
Name of the provider: SD Korlátolt Felelősségű Társaság
Registered office of the provider: 1037 Budapest, Farkastorki lejtő 42/a
Contact details of the service provider, regularly used e-mail address for contacting customers: info@sdkft.hu
Company registration number: registered at the Budapest District Court under number 01-09-399782.
Tax number: HU27833494
Language of the contract: English
Name, address, e-mail address of the hosting provider: DEVBOX Kft. – 7054 Tengelic, Rákóczi u. 9. – hello@devbox.hu
Basic provisions
2.1. The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.
2.2 These Regulations shall enter into force on 20 March 2017 and shall remain in force until revoked. The Service Provider is entitled to unilaterally amend these Regulations. The amendments shall be published by the Service Provider on its websites 11 (eleven) days before their entry into force. By using the Websites, Users agree that all regulations relating to the use of the Websites shall automatically apply to them.
2.3. If the User does not accept the Terms and Conditions, he/she is not entitled to view the contents of the webshop.
2.4 The Service Provider reserves all rights in respect of the webshop website, any part thereof and the content displayed thereon, as well as the distribution of the website. It is prohibited to download, electronically store, process or sell the content or any part of the content of the webshop without the written consent of the Service Provider.
Products and services that may be purchased:
3.1. The products displayed may only be ordered online. The prices displayed for the products are in EUR and include the statutory VAT, but do not include the cost of delivery to the customer’s home. No extra packaging costs will be charged.
3.2 In the webshop, the Service Provider shall display the name and description of the products in detail and shall display a photo of the products.
3.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.
Ordering procedure:
4.1 The User may start the purchase without registration.
4.2. The user sets the number of products to be purchased.
4.3. User adds the selected products to the shopping cart.
4.4. If the User wishes to add more products to the shopping cart, he continues adding the products to the shopping cart. Click on the “X” icon to delete the contents of the basket.
4.5. The user selects the delivery address and then the payment method, the types of which are as follows:
4.5.1 Payment methods:
Payment by bank card.
Online credit card payments are made through the Barion system. Your credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.
4.5.2. Delivery Cost:
Express One Home Delivery:
Express One delivery and Express One Express One services
Hungary, Austria, Croatia, Romania, Slovakia, Slovenia: 6 €
Belgium, Czech Republic, Germany, Italy, Luxembourg, Netherlands, Poland: 16 €
France, Portugal, Spain: 19 €
4.6. In the event of errors or omissions in the products or prices in the webshop, we reserve the right to correct them. In such a case, we will inform the customer of the new information immediately after the error has been detected or corrected. The buyer may then confirm the order once again or either party may withdraw from the contract.
4.7. The total amount payable includes all costs based on the order summary and confirmation letter. The User is obliged to inspect the parcel before the courier on delivery and, in the event of any damage to the products or packaging, to request a report to be drawn up, and in the event of damage, not to accept the parcel. The Service Provider will not accept any subsequent complaints without a report! Parcels are delivered on working days, in most cases between 8 a.m. and 5 p.m.
The customer will be informed of the total amount to be paid when the order is confirmed. The invoice will be sent to the Customer electronically by the Service Provider.
4.8. After entering the data, the User can click on the “Confirm Order” button to send the order, but before that, the User can check the data once again and send a comment on the order.
4.9. To correct data entry errors: Users can always go back to the previous phase before completing the order process, where they can correct the data entered.
4.10. The User will receive an e-mail confirmation after sending the order. If this confirmation is not received by the User within a reasonable period of time, depending on the nature of the service, but no later than 48 hours after the User’s order has been sent, the User is released from any obligation to make an offer or to enter into a contract. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to the latter. The Service Provider shall not be liable for confirmation if the confirmation is not received in time because the User has entered an incorrect e-mail address during registration or because the storage space of his account is full and he is unable to receive messages.
Processing and fulfilling orders
5.1. It is also possible to place an order outside the times indicated as order processing times, if the order is placed after working hours, it will be processed on the following day.
5.2. General deadline for execution, within 10 working days from confirmation. If the Service Provider and the User have not agreed on the time of performance, the Service Provider shall be obliged to perform the contract within the time or date specified in the User’s request, or in the absence of a request, within 30 days of the receipt of the order by the Service Provider at the latest.
5.3. If the Service Provider fails to fulfil its contractual obligations because the product specified in the contract is not available, it shall immediately inform the User thereof and refund the amount paid by the User without delay, but no later than within thirty days. The fulfilment of this obligation shall not relieve the Service Provider of any other consequences of its breach of contract.
5.4. The Service Provider shall not be liable for any unannounced changes in technical descriptions and specifications due to the Supplier or due to reasons beyond its control. The Service Provider reserves the right to reject orders already confirmed in whole or in part. Partial fulfilment may only take place after consultation with the User!
Right of withdrawal
6.1. Pursuant to the provisions of Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses, the User may withdraw from the contract within 14 days of receipt of the ordered product without giving any reason, and return the ordered product. In case of written withdrawal, it is sufficient to send the withdrawal notice within 14 days.
6.2. The period for exercising the right of withdrawal shall expire 14 days after the day on which the User or a third party other than the carrier and indicated by the User takes delivery of the goods.
The consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
6.3. The cost of returning the product must be borne by the consumer, our company does not assume the cost of this cost.
6.4. In the event of exercising the right of withdrawal, the User shall not bear any costs other than the cost of returning the product, but the Service Provider may claim compensation for material damage resulting from improper use.
If the consumer does not choose the least costly means of transport other than the usual means of transport, the Service Provider shall not be obliged to reimburse the additional costs incurred in the event of withdrawal.
6.5. The Consumer shall not have the right of withdrawal in the case of a product which is not prefabricated, which has been manufactured on the basis of the consumer’s instructions or at the consumer’s express request, or in the case of a product which is clearly personalised for the consumer.
6.6. The consumer may also not exercise his right of withdrawal
in the case of a contract for the provision of a service, after the entire performance of the service, if the undertaking has begun performance with the consumer’s express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the entire performance of the service;
for goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the undertaking and which are possible even during the period during which the right of withdrawal may be exercised;
in respect of a perishable product or a product whose quality is short-lived;
products in sealed packaging which, for health or hygiene reasons, cannot be returned after opening after delivery;
a product which, by its nature, is inseparably mixed with other products after delivery;
an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the sales contract but the contract is not performed until 30 days after the date of conclusion;
in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
for the sale of a copy of a sound or video recording or computer software in sealed packaging, where the consumer has opened the packaging after delivery;
a newspaper, periodical or magazine, with the exception of subscription contracts;
contracts concluded at public auction;
a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where the contract has a fixed deadline or period for performance;
in the case of digital content provided on a non-tangible medium, where the undertaking has begun performance with the consumer’s express prior consent and the consumer has, at the same time as giving that consent, declared that he acknowledges that he loses his right of withdrawal once performance has begun.
6.7. The Supplier shall reimburse the amount paid to the Consumer without undue delay after the return of the product in accordance with the above legislation, but within 14 days at the latest.
6.8. The Service Provider shall make the refund in the same way as the payment method used by the Consumer, and the User shall not incur any additional costs by using this refund method.
6.9. The User shall return the goods without undue delay and in any case not later than 15 days from the date of sending the notice of withdrawal from the contract to the Service Provider or deliver them to the Service Provider’s address.
6.10. The User shall comply with the time limit if he returns the product(s) before the expiry of the 14-day period.
6.11. The consumer bears the sole cost of returning the product(s).
6.12. The User shall be liable for depreciation of the goods only if it is due to handling other than that necessary to determine the nature, characteristics and functioning of the goods.
6.13. The Supplier may withhold the refund until the goods(s) have been returned or the User has provided proof that they have been returned, whichever is the earlier.
6.14. If the User wishes to exercise his/her right of withdrawal, he/she may notify the Service Provider in writing (using the enclosed form), by telephone or in person (e.g. at customer service offices). In case of notification by post, the date of posting is taken into account (the postmark on the envelope confirming the date of posting), in case of notification by telephone, the date of notification by telephone, and in case of notification in person, the date of notification in person. The User may return the ordered product to the Service Provider by post, courier service or in person (customer service offices).
6.15. The User must pay particular attention to the proper use of the product, as the User is liable for any damages resulting from improper use! Within fourteen days after the return of the product, the Service Provider will refund the purchase price of the product, including the shipping costs, to the bank account provided by the User.
6.16. Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses is available here: http://njt.hu/cgi_bin/njt_doc.cgi?docid=167547.260043
6.17. Directive 2011/83/EU of the European Parliament and of the Council is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:hu:PDF
6.18. The User may also contact the Service Provider with any other complaints using the contact details provided in this Policy.
6.19. The right of withdrawal does not apply to a company, i.e. a person acting in the course of his/her profession, self-employment or business.
Warranty
Accessory warranty
7.1. In which cases can the User exercise the right to a warranty?
In the event of defective performance by the company operating the webshop, the User may assert a claim for a warranty of conformity against the company in accordance with the rules of the Civil Code.
7.2. What rights does the User have under his/her warranty claim?
The User may, at his choice, claim the following remedies: repair or replacement, unless the remedy chosen by the User is impossible or would involve disproportionate additional costs for the Company compared to the remedy chosen by the User. If the repair or replacement is not requested or could not be requested, the User may request a proportionate reduction of the price or have the defect repaired or replaced at the expense of the undertaking or, as a last resort, may withdraw from the contract. The User may transfer his right of warranty from one of his chosen rights to another, but the cost of such transfer shall be borne by the User, unless it was justified or the enterprise gave a reason for it.
7.3. What is the deadline for the User to assert a warranty claim?
The User must notify the defect immediately after its discovery, but not later than two months after the discovery of the defect. Please note, however, that you may not claim for any damages beyond the two-year limitation period from the date of performance of the contract.
7.4. Who can you claim against?
The user may enforce his/her warranty claims against the company.
7.5. What other conditions are there for exercising the rights of the customer?
Within six months from the date of performance, there are no other conditions for exercising the right to claim for a supplementary warranty other than the notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after six months from the date of performance, the User shall be obliged to prove that the defect discovered by the User existed at the time of performance.
Product Warranty
7.6. In what cases can the User exercise the right to a product warranty?
In the event of a defect in movable goods (product), the User may, at his option, claim either a warranty for accessories or a product warranty.
7.7. What rights does the User have under a product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
7.8. In which cases is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
7.9. What is the deadline for the User to claim under the product warranty?
The User may make a product warranty claim within two years of the date on which the product was placed on the market by the manufacturer. After this period, he loses this right.
7.10. Against whom and under what other conditions can the User assert a product warranty claim?
You can only exercise your product warranty rights against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove that the product is defective.
7.11. In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
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 a warranty for accessories 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.
7.12. The company operating the webshop is not obliged to provide a warranty under the provisions of Government Decree 151/2003 (IX.22.): Mandatory Warranty Rules for Certain Consumer Durables.
The procedure in the event of a warranty claim
8.1. The agreement of the parties to a contract between a consumer and a business must not derogate from the provisions of the Regulation to the detriment of the consumer.
8.2. It is the consumer’s responsibility to prove the conclusion of the contract (by means of an invoice or even just a receipt).
8.3. The trader must keep a record of the consumer’s warranty claim notified to him.
8.4. A copy of the report shall be made available to the consumer without delay in a verifiable manner.
8.5. If the trader is unable to give a statement on the enforceability of the consumer’s warranty claim at the time of its notification, it must inform the consumer of its position within five working days in a verifiable manner.
8.6. The undertaking shall keep the minutes for three years from the date of their recording and shall produce them at the request of the supervisory authority.
8.7. The undertaking must endeavour to carry out the repair or replacement within a maximum of fifteen days
Miscellaneous provisions
9.1. The service provider is entitled to use an intermediary to fulfil its obligations. He shall be fully liable for any unlawful conduct on his part as if he had committed the unlawful conduct himself.
9.2. Should any part of these Terms and Conditions be or become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.
9.3. If the Service Provider fails to exercise any right it may have under these Terms and Conditions, its failure to exercise such right shall not be deemed a waiver of such right. No waiver of any right shall be valid unless expressly stated in writing. The fact that the Service Provider does not strictly adhere to a material term or condition of the Rules on one occasion does not mean that the Service Provider waives its right to insist on strict adherence to that term or condition in the future.
9.4. The Service Provider and the User shall attempt to settle any disputes between them amicably.
Complaints handling policy
10.1. Our Store aims to fulfil all orders to a satisfactory quality and to the full satisfaction of the Customer. If the User has a complaint about the contract or its performance, he/she may send it to the above e-mail address or by letter.
10.2. The Service Provider shall immediately investigate the oral complaint and, if necessary, remedy it. 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 and shall provide the customer with a copy of the record. If it is not possible to investigate the complaint immediately, the Service Provider shall take a record of the complaint and give a copy thereof to the customer.
10.3. Our webshop will reply to the written complaint in writing within 30 days. It shall state the reasons for rejecting the complaint. It will keep a copy of the reply for 3 years and present it to the control authorities upon request.
10.4. In the event of a consumer dispute, the consumer may also initiate the procedure of the conciliation body operating under the county (capital city) chambers of commerce and industry. The conciliation body is competent to settle consumer disputes out of court. The conciliation body’s task is to try 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 that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. At the request of the consumer or the Supplier, the conciliation body shall advise on the rights and obligations of the consumer.
As a general rule, the conciliation body of the consumer’s place of residence or domicile shall be competent for the procedure. In order to initiate the conciliation body’s procedure, the consumer must attempt to settle the dispute directly with the service provider concerned. The conciliation panel shall be initiated at the request of the consumer.
The Service Provider shall be subject to a duty of cooperation in the conciliation procedure, and in this context shall send its response to the conciliation body within the time limit specified in Article 29 (8) of Act CLV of 1997 on Consumer Protection, with the content specified in paragraph (8) of the said Act. The Service Provider shall ensure the attendance of a person authorised to reach a settlement at the hearing. Where the registered office, place of business or branch 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 of a written settlement in accordance with his request.
The name and postal address of the conciliation body competent for the place where the supplier is established:
The Pest County Conciliation Board
Place of residence: 1119 Budapest, Etele út 59-61.
Postal address: 1364 Budapest, PO Box 81
E-mail address: pmbekelteto@pmkik.hu
A list of all conciliation bodies can be found at www.bekeltetes.hu.
10.5. On the basis 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 (Directive on online dispute resolution for consumers), the European Commission has established an online dispute resolution platform, which is available to both consumers and traders in the event of a consumer dispute between parties to an online sales or service contract since 15 February 2016. The Regulation applies directly to traders established in the EU and established in Hungary who are involved in online sales or service contracts where a consumer dispute arises in connection with an online sales or service contract between them and a consumer.
To use the online dispute resolution platform, you must first register with the European Commission. Once registered with the European Commission, you can access the online dispute resolution platform by clicking on the link below:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
Once the page is loaded, select the language you wish to use, log in and follow the instructions on the page.
10.6. As of 1 January 2017, consumers can address their complaints to the territorially competent district offices acting as the first instance consumer protection authorities. Contact details can be found here: http://jarasinfo.gov.hu/jarasok-lista
Data protection
The website’s privacy statement is available on the following page.
ANNEXES
Disclaimer to point 6 of the GTC
