General Terms and Conditions for purchases from the cap-cap-bolt.hu webshop
Date of entry into force: 8 November 2024
General Terms and Conditions of Use These General Terms and Conditions (hereinafter referred to as “GTC”) are binding upon Barett Budapest Korlátolt
Felelősségű Társaság (registered office: 4024 Debrecen, Csapó utca 18. fszt.1.; Cg.: 09-09-
010698, tax number: 13284873-2-09 Seller; (hereinafter referred to as Seller) and the Customer (hereinafter referred to as Buyer) who purchases the products sold by
via electronic
commercial channels (webshop), the legal terms and conditions of purchase (hereinafter referred to as Seller and Buyer together as Parties).
hu website, please read our Terms and Conditions and only use our services
if you understand, acknowledge, agree with and are bound by all of its
provisions.
1. 1.
Mailing address: 4024 Debrecen Csapó u. 18. fszt.
1.
Company registration number: 09-09-010698
Name of representative: Bernadett Kotrás
E-mail address: barettsapkakalap@gmail.com
Telephone number: 0617875305 Name of the registering company court: the company court of the Debrecen General Court
Name of the financial institution holding the account: MBH Bank Nyrt.
Payment reference number: 60600084-10046388
Hosting provider:
Name: Idea-NET Solutions Kft. 4225 Debrecen, Telek u. 60.
Registered office: 4225 Debrecen, Teleki u. 60.
Website:
E-mail: info@ideanet.hu
Company registration number: 09-09-022526
Tax number: 23796100-2-09
Name of the registering court: Debrecen General Court, Commercial Court
1.2. Fogalmak
Seller/Service Provider: the operator of the webshop, which is the service provider of
that sells the goods offered in the webshop 1.1. Buyer: the natural or legal person or unincorporated entity that enters into a sales contract with the online shop (The personal scope of this Policy applies to both consumer and non-consumer Buyers) Consumer: a natural person acting outside the scope of his/her profession, self-employment or business activity who enters into a sales contract with the online shop Parties: the contracting parties to the sales contract, the Seller and the Buyer together Sales contract: a contract between the Parties for the transfer of ownership of goods selected by the Buyer from the range of goods offered by the online shop Goods: the goods offered for sale by the Seller in the online shop, – movable goods, including water, gas and electricity in containers, bottles or otherwise in limited quantities or of a specific capacity, and – movable goods which include or are connected to digital content or digital services in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions (hereinafter referred to as: the Goods containing digital elements) Business: a person acting in the course of his trade, profession, self-employment or business
;Purchase Price: the gross price, including value added tax, at which the Seller offers the Goods
for sale
Delivery: the delivery of the Goods which are the subject of the Sales Contract to the address
indicated by the Buyer and handed over to the Buyer (or his agent)
Supplier: a courier service contracted with the Seller or the Hungarian Postal Service Zrt. (hereinafter:
Magyar Posta)
Delivery charge: the amount
payable in addition to the purchase price as consideration for the delivery of the goods
Remote communication device: a device which enables the parties to
make a contractual statement in the absence of each other for the purpose of concluding a contract.
Such
means include, in particular, the addressed or unaddressed form, the standard letter, the advertisement published in the
press product with an order form, the catalogue, the telephone, the fax and the
Internet access device
Remote access contract: A consumer contract concluded without the simultaneous physical presence of the parties
within the framework of a distance selling system organised for the
provision of goods or services covered by the contract, where the parties
use a means of distance communication
to conclude the contract; Webshop: a service provided electronically to remote
consumers for consideration, to which the recipient of the service has individual access
Complaint: a complaint under the Consumer Protection Act 1997. CXL of 1997. a claim brought by a consumer against a business
under the Act, concerning the conduct, activity or omission of the business or of a person acting in
its interest or on its behalf, directly
connected with the marketing or sale of goods to consumers, with the exception of claims for
an individual right or interest,
a warranty or guarantee,
1.3. Vonatkozó jogszabályok
A Szerződésre a magyar jog előírásai az irányadóak, és különösen az alábbi jogszabályok
vonatkoznak:
– 1997. évi CLV. törvény a fogyasztóvédelemről – 2001. évi CVIII. törvény az elektronikus kereskedelmi szolgáltatások, valamint az
információs társadalommal összefüggő szolgáltatások egyes kérdéseiről
– 2013. évi V. törvény a Polgári Törvénykönyvről
– 151/2003. (IX.22.) on the mandatory
warranty for consumer durables
– 10/2024.
(VI.28.) IM Decree on the definition of the scope of consumer durables subject to mandatory warranty
– Government Decree No.45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
– Government Decree No.19/2014 (IV.29.).) of the Ministry of Agriculture, Forestry, Environment and Water Management on the procedural rules for handling warranty and guarantee claims for goods sold
under a contract between a consumer and a business
-1999. évi LXXVI. évi Copyright Act
– 2011. évi CXII. törvény az informations önrendragési jogról az információ öngendragési jogról az információfreságról – REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on the right to information and freedom of information.) concerning action against unjustified territorial restriction of content and other forms of discrimination based on nationality, residence or establishment of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC – REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2016 on the application of Council Regulation (EU) No 2092/2003 of the European Parliament and of the Council of … (OJ L 201, 30.12.2016, p. 1). április 27.) a természetes személyeknek a személyes adatok kezelése tekintetében történő védelméről és az ilyen adatok szabad áramlásáról, valamint a 95/46/EK rendelet hatályon kívül helyezéséről
(általános adatvédelmi rendelet)
– A fogyasztó és vállalkozás közötti, az áruk adásvételére, valamint a digitális tartalom
szolgáltatására és digitális szolgáltatások nyújtására irányuló szerződések részletes
szabályairól szóló 373/2021.
(30.VI.)
1.4.
The purchase in the online store is subject to the Customer’s binding acceptance
of these General Terms and Conditions of Use, which is declared during the ordering process
.
In the case of a purchase in the online store, as described in these General Terms and Conditions of Use
, the Customer makes a purchase offer by placing an order, the confirmation of which
creates the sales contract between the Seller and the Customer. The resulting
contract does not constitute a written contract, it is concluded by an electronic
declaration, is not filed and is not accessible in subsequent print. The Seller shall
keep electronic records of the contract by its number until the last day of the 6th calendar year
from the date of purchase.
The date of purchase is the date of confirmation of the order.
The language of the electronic contract is Hungarian.
The contract is governed by Hungarian law. 2.
In addition,
please note that the images on these pages are for illustration purposes only
, actual products may differ from those shown.
Prices on these pages include VAT.
The webshop reserves the right to change prices without prior notice. Our prices and
products are subject to change and may be subject to additions. In the event of price changes, the
goods already ordered will be delivered at the price at the time of ordering.
The webshop sometimes offers special offers, the webshop clearly
indicates the individual special offers, the products covered by the special offer and the relevant discounts.
In the case of special offers, the special offer will always last until the date specified or until stocks
last.
2.2. Selection of goods, purchase procedure
By clicking on the image of the goods and their description, we aim to provide the most comprehensive information possible to help
the customer make the best choice. The selection of the goods is made by placing them in the “Cart”
. You can then select additional goods and add them to your shopping cart, remove the selected goods from your shopping cart or finalize the purchase
and place the order.
Once the Customer has completed the selection of goods, he/she must provide the necessary data for the purchase (Customer’s
name, shipping address, e-mail address, phone number). During the order
process, the Buyer has the continuous possibility to modify the data
entered by him before finalizing the order. It is the responsibility of the Buyer to ensure that the data
entered by him are entered accurately, since the goods
are invoiced and shipped based on the data provided by the Buyer. An incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in
the non-delivery of the confirmation and prevent the conclusion of the contract
.
The Seller may process the natural
personal identification data and address of the Buyer necessary to identify the Buyer for the purposes of creating the contract, determining its content, amending it, monitoring its
performance, invoicing the fees arising therefrom and enforcing
claims relating thereto.
The provisions in this regard are set out in the Seller’s
“Privacy Policy”.
After providing the necessary data for the purchase, the
Buyer has the possibility to modify the order, remove goods, change the
number of items or order new goods before finalizing the order. The Buyer also has the possibility to check
and, if necessary, to correct the Buyer’s data.
If the Buyer finds his order and his data correct, he has finalised it by placing the
order.
By placing an order for goods, the Buyer commits himself to a binding offer, on the basis of which the Seller’s
confirmation will conclude a sales contract between the parties.
The offer is binding until the confirmation of the
order, but not longer than 48 hours.
2.3. In the first step, the receipt of the order
is immediately confirmed by the online shop by e-mail sent by the system. The automatic confirmation sent by the
system only records the fact that your
order has been received via the website, but this confirmation does not constitute acceptance of your
offer. If the Buyer discovers that the automatic confirmation e-mail
notification contains incorrect information (e.g. name, delivery address, telephone number, etc.), the
Buyer shall immediately notify the Seller by e-mail
of this fact, together with the correct information. In the second step, the online store will confirm acceptance of the order separately by e-mail to the e-mail address provided by the
Buyer within 48 hours at the latest, and the
sales contract between the parties will be concluded. The confirmation will include a list of the goods ordered
and their prices, the name and delivery address provided by the Buyer, the delivery method,
the delivery cost, the payment method and the order registration number. If
the confirmation is not received within 48 hours, the Buyer is released from the obligation to make an offer.
2.4.
Delivery charge
The Buyer will be duly
informed of the delivery charge for the goods before the order is finalised and the amount of the delivery charge will be indicated on the invoice issued by the Seller, depending on the delivery method chosen by the Buyer
.
The Buyer must pay the delivery charge together with the price of the goods
according to the payment method chosen. The invoice for the order will be sent to the Buyer electronically at the following address The invoice issued for the order will be sent electronically to the Buyer by
to the email address provided by the Seller at the time of ordering.
Payment
Payments can be made online in the online store by bank transfer, cash on delivery, credit card or
cash in person at the Seller’s shop.
Credit card
Online credit card payments are made through the Barion system. The credit card
details are not transmitted to the merchant. The service provider Barion Payment Zrt. is an institution under the supervision of the Hungarian
National Bank, licence number: H-EN-I-1064/2013.
Transfer
The Buyer may pay the purchase price of the finalised order by transfer on the basis of the invoice issued by the Seller, within the payment deadline
specified therein. The Seller shall only execute and deliver the goods to the Supplier after payment in full
of the purchase price.
The order number indicated in the confirmation of acceptance of the order
shall be indicated in the transfer communication box. For damages resulting from failure to do so or from the incorrect indication of the
order number, the Seller shall not
assume any liability and the damages and additional costs shall be borne by the Buyer.
Cash on delivery If the Buyer wishes to pay the value of the order upon receipt of the package
, he must choose the “Cash on delivery” payment method. The purchase price of the accepted order is payable in cash to the delivery agent at the time of
receipt of the order after delivery by Hungarian Post or courier service.
2.5. Shipping
The delivery of the goods to the delivery address shall be carried out by the Supplier companies contracted with the Seller: the Hungarian
Post and GLS General Logistics Systems Hungary Csomag-Logisztikai
Kft. (hereinafter collectively referred to as the Supplier). The delivery of the goods shall be subject to the terms of the delivery contract
concluded between the Seller and the Supplier.
The Seller shall notify the Buyer of the expected time of delivery by separate e-mail or telephone
upon delivery of the goods to the Supplier.
The delivery shall be effected by delivery to the delivery address by the Buyer and handing over the goods to the Buyer or
his agent. The risk of damage shall pass to the Buyer upon delivery.
2.5.1. MPL courier service
Convenient and easy baggage pick-up. You can pay by credit card or cash.
You can request delivery to your home address or even to your workplace. Nationwide coverage.
Double delivery attempt for MPL Business Package included in the basic fee.
More info: https://www.posta.hu/kuldemeny_erkezese/haznal_torteno_csomagkezbesites Minimum Maximum Delivery fee 0 kg 10 kg 1990 Ft 10.1 kg 20 kg 2990 Ft 20.1 kg 40 kg 5990 Ft Additional costs on top of the delivery fee.
2.5.2. MPL Posta Pont
Why order at MOL- Coop PostaPont?
Because most MOL PostaPoints are open 24 hours a day, and most Coop PostaPoints are open 12
hours a day, you can pick up your parcel before and after work. You can check
which one is convenient for you here.
We will notify you by SMS or e-mail when your parcel arrives, just as you wish.
The pick-up points are easily accessible.
Parking at the points is easy and free.
You can pay by credit card
at MOL PostaPoints and most Coop PostaPoints.
The maximum weight of parcels is 20 kg. Parcels can weigh up to 20 kg. Minimum Maximum Delivery charge 0 kg 20 kg 990 Ft Additional costs in addition to the delivery charge.
2.5.3. MPL Parcel vending machine
Parcel vending machines consist of a control panel with a screen and various
sized compartments to hide the parcels. The pick-up
is quick – just enter the code and your phone number to access your order.
They are also available 24 hours a day. More info: https://www.posta.hu/csomagautomata Minimum Maximum Delivery charge 0 kg 20 kg 990 Ft Additional costs on top of the delivery charge: 5000 Ft logistics costs
2.5.4. MPL Postán maradó szállítás
MPL Delivery by mail
2.5.5. GLS courier service
The goods are delivered by GLS courier service. More information can be found here: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-
delivery fee for service tatas: 1800 Ft over 30000 Ft Free
2.5.6. Személyes átvétel
You can also pick up the ordered goods in person at our shop. You will not be charged any fees.
2.6. Contract amendment
The seller may request a modification of the contract if the goods ordered are out of stock
and he wishes to replace them with other goods. The Buyer must do so in writing (by electronic mail) This must be accepted by the Buyer in writing (by electronic mail)
.
3. Right of withdrawal
3.1. Eladó elállási joga
Amennyiben Vevő az átutalást a számlán feltüntetett fizetési határidőn belül (általában 8
naptári nap) nem teljesíti, Eladó a szerződéstől elállhat.
Az Eladót megilleti az adásvételi szerződéstől történő elállás joga abban az esetben is, ha az
áru árának feltüntetése hibásan történt, és a Vevő a megrendelését a hibás áron
véglegesítette, vagy ha olyan áru megrendelésének visszaigazolása történt meg, amely a
készletből kifogyott, és Eladó már nem tudja azt megfelelő időn belül beszerezni. Elállás
esetén Eladó a Vevő részére e-mailben küldi meg nyilatkozatát, és Eladó ügyfélszolgálata
azonnal felveszi a Vevővel a kapcsolatot egyeztetés, és a felek megállapodása alapján a megrendelt áru helyett más árura történő szerződésmódosítás céljából, vagy amennyiben a
Vevő ezt nem fogadja el, a Vevő által esetlegesen átutalással már megfizetett összeget 30
napon belül visszautalja a Vevő számlájára.
3.2. A Vevő elállási joga
The Buyer, who is a Consumer, has the right to withdraw from the contract within the period specified below without giving any reason
in accordance with Article 20 of Government Decree 45/2014 (26.II.)
on distance contracts.
The withdrawal period expires 14 days after the day on which the Buyer or a third party other than the carrier and indicated by the Buyer
takes delivery of the goods. In the case of the supply of several products
: it expires 14 days after the date on which the Customer or a third party other than the carrier and indicated by
the Customer takes delivery of the last product.
The above shall not affect the right of the Customer to exercise the right of withdrawal provided for in this Article during the period between the date of conclusion of the
contract and the date of delivery of the goods.
If the Buyer wishes to exercise his right of withdrawal, he shall send his clear
statement of his intention to withdraw (by post or by electronic mail) to the following address
: Barett Budapest Kft 4024 Debrecen Csapó u 18. fszt. 1.; e-mail:
barettsapkakalap@gmail.com
The Customer may also fill in the model withdrawal form on our website or submit any other declaration clearly expressing his/her intention to withdraw from the contract at
. If the Customer decides to do so, we will immediately
acknowledge receipt of the
withdrawal on a durable medium (e.g. by e-mail).
The Customer will exercise his right of withdrawal/cancellation within the time limit if he sends his withdrawal notice
before the expiry of the time limit indicated above.
3.3. Legal effects of withdrawal
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.),
the Seller shall refund the total amount paid by the consumer as consideration, including the costs incurred in connection with
the performance, including delivery charges, within fourteen days
of becoming aware of the withdrawal. Please note
that this provision does not apply to additional costs caused by choosing a mode of transport other than the least costly usual mode of transport
. If the Buyer
expressly chooses a mode of transport other than the least costly usual mode of transport, the Seller shall not be obliged to reimburse the additional costs resulting therefrom. In such a case,
he shall be liable for reimbursement up to the amount of the standard delivery charges indicated.
The reimbursement shall be made by the same
method of payment as that used in the original transaction, unless the Buyer expressly consents to the use of another
method of payment; the Buyer shall not incur any
additional costs as a result of the use of this method of reimbursement.
The Seller shall not be liable
for any delay due to the incorrect and/or inaccurate
bank account number or postal address provided by the Buyer.
In the case of a contract for the sale of goods, the Seller may withhold the refund
until the goods and the original invoice proving the purchase have been returned to
us or the Buyer has provided proof that the goods have been returned: the earlier of the two dates shall prevail
.
The Buyer must return the goods and the invoice proving the purchase without undue delay, but
no later than 14 days after the date of the communication of his withdrawal, or
hand them over, together with the original invoice. The deadline is deemed to have been met if you send the product and the invoice proving the purchase before the expiry of the 14-day deadline
.
The direct cost of returning the product is borne by the Customer.
The Buyer shall be liable for depreciation of the product only if
it is due to use beyond the use necessary to determine the nature, characteristics and functioning of the
product.
The Buyer shall exercise his right of withdrawal in accordance with the intended purpose and without
abusing this right. In the event of a withdrawal that constitutes abuse, the Seller is exempt from the obligation to take back the goods and refund the
purchase price.
The Seller is obliged to refund the full purchase price to the Buyer only in the event of returning the goods
in undamaged, unused and unpackaged condition. The Buyer shall be liable for any costs resulting from damage to the
packaging. The Seller shall not be liable for any
goods lost during the return shipment. The Seller shall not be
liable for any
IMPORTANT! We inform the Buyers that according to the Government Decree 45/2014 (26.II.), a consumer is a consumer in accordance with the
Civil Code 8:1. 8.1. paragraph 1.1. clause 3 of the Consumer Protection Act,
is a natural person.
3.4. Egyedi igények alapján készült termékek esete:
In the event that the product has been produced
expressly at the request of the Buyer, based on the Buyer’s requirements, the Buyer may not withdraw from the purchase ( 45/2014 (II.26.
4.1. Warranty and guarantee 4.1.
The Buyer may, at his choice, make the following claims:
He may request repair or replacement, unless the fulfilment of the claim of his choice
is impossible or would involve disproportionate additional costs
for the Seller compared to the fulfilment of his other claim. If the repair or replacement was not or could not be requested, the Buyer may
request a proportionate reduction of the consideration or have the defect repaired or replaced by another
party at the Seller’s expense.
If the Seller 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 Buyer, or if the Buyer’s interest in repair or replacement has ceased, the Buyer may
withdraw from the contract.
No withdrawal shall be made for minor defects.
The Buyer may transfer his chosen warranty right to another, but the cost of the transfer
shall be borne by the Buyer, unless it was justified or justified by the Seller.
The Buyer shall notify the Seller of the defect without delay after the defect has been discovered.
In the case of a contract between a Buyer and Seller who is a consumer, a defect notified within two months of the discovery of the defect
shall be deemed to have been notified without delay. The Buyer is liable for any damage resulting from the delay in
communication. .
The Buyer may assert a warranty claim against
during the limitation period of one year from the date of receipt. If the Buyer is a consumer, he may assert his rights to a
warranty within a two-year limitation period from the date of performance of the contract. For the part of the goods that has been replaced or repaired, the limitation period for the claim under the warranty of the goods
shall start to run again. In the case of a contract between a Buyer and a Seller who is
a consumer, it shall be presumed, until the contrary is proved,
that the defect discovered by the Buyer within six months of performance was already present at the time of
performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect
.
However, after six months from the date of performance, the Buyer must prove that
the defect which he has discovered was already present at the time of performance.
4.2. Product Warranty
The product warranty and the compulsory warranty are only applicable to customers who are consumers
.
In the event of a defect in movable goods (product), the Customer who is a Consumer may, at his/her option, exercise his/her right as set out in section 1
or claim under the product warranty.
As a product warranty claim, the Buyer, as a Consumer, may only request the manufacturer to repair the defective
movable good (product) or, if repair is not possible within a reasonable time and without prejudice to the interests of the
consumer, to replace it. The product is defective if
it does not meet the quality
requirements in force when the product was placed on the market by the manufacturer or does not have the
characteristics described by the manufacturer. The consumer must notify the
manufacturer of the defect without delay after discovering it. A defect notified within two months of the discovery of the defect shall be deemed to have been notified without
delay. The consumer shall be liable for any damage resulting from the delay in notification.
The purchaser may assert a product warranty claim within two
years of the date on which the product was placed on the market by the manufacturer. After this time limit has elapsed, the customer loses this right.
The customer can only exercise his product warranty claim against the manufacturer or distributor of the movable item
.
The customer must prove the defect of the product in order to assert a product warranty claim.
In what cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from his product warranty obligation if
he can prove that:
– the product was not manufactured or put into circulation in the course of his business, or – the defect was not recognisable according to the state of science and technology at the time of
putting into circulation, or
– the defect in the product results from the application of a legal or regulatory provision.
The manufacturer (distributor) may only prove one reason for exemption.
The Seller draws the Buyer’s attention to the fact that he may not assert a warranty claim for accessories and
a product warranty claim for the same defect at the same time and in parallel.
However, if his product warranty claim is successful, he may assert his warranty claim for accessories
against the manufacturer for the replaced
product or the repaired part.
4.3. Good standing
According to the Civil Code, whoever assumes a warranty for the performance of the contract or is obliged to provide a warranty under the law
is liable for defective performance during the warranty period according to the conditions set out in the legal declaration
or law that gives rise to the warranty.
is exempted from its warranty obligation if it proves that the cause of the defect arose after performance. The seller may therefore voluntarily accept a warranty, in which case he must provide
the purchaser, who is the Consumer, with a warranty declaration. The warranty declaration must be provided to the Consumer on a durable medium
no later than the date of delivery of the goods. The guarantee statement must state: – a clear statement that, in the event of defective performance of the goods, the Consumer is entitled to exercise his statutory rights of accessory warranty free of charge, without prejudice to those rights; – the name and address of the person liable for the warranty;
– the procedure to be followed by the Consumer to enforce the warranty;
– the identification of the goods to which the warranty applies and;
– the conditions of the warranty;
– the purchase price of the goods. If the Seller voluntarily provides a warranty for a given good, he shall indicate this separately when purchasing the good
. If the manufacturer provides a manufacturer’s warranty
for the goods, which also covers purchasers who are not consumers, this warranty may be claimed directly from the manufacturer. The warranty claim can be made within the warranty period. If the
person liable for the guarantee fails to fulfil his obligation within the appropriate period of time, even if the guarantee period has expired, the
guarantee claim may be brought before a court within three months of the expiry of the period set in the notice. Failure to comply with this time limit
will result in forfeiture of the right.
The provisions of Decree 151/2003.
(IX. 22.)
Government Decree 10/2024 (VI.28.)
of 28 June 2009 defining the scope of consumer durables
subject to mandatory warranty in relation to certain products may be subject to the Seller’s warranty obligation..) IM Decree No. 1 on the sale of new consumer durables
(e.g.: technical goods, tools, machines) and their
accessories and components within the scope specified therein (hereinafter – in this section – collectively referred to as consumer goods
).
Warranty claims may be enforced during the warranty period, the warranty period according to the Government Decree 151/2003.
(IX. 22.):
– two years for a sale price of HUF -10 000 but not exceeding HUF 250 000,
– three years for a sale price exceeding HUF 250 000.
Failure to comply with these time limits shall result in forfeiture of rights.
4.4. Kártérítési igény hibás teljesítés esetén
The defendant is obliged to compensate the rightful claimant for the damage resulting from the defective performance, unless
excuses the defective performance.
The rightful
party may claim compensation for damage caused by defective performance in respect of the subject-matter of the service
– if repair or replacement is not possible, or
– if the obligor has not undertaken to repair or replace the goods,
– cannot fulfil this obligation, or
– if the rightful party’s interest in repair or replacement has ceased.
This claim for damages shall expire within the time limit
set for the exercise of the rights of accessory warranty. The right-holder may assert his claim for damages as a defence against a claim arising out of the same contract
even if the claim for damages has become time-barred.
5. Consumer complaints
5.1. Vevő szavatossági és jótállási igénye érvényesítésének módja:
A fogyasztói kifogásokat vagy egyéb észrevételeit, panaszait a Vevő
a barettsapkakalap@gmail.com e-mail címen vagy postai úton a Barett Kft. 4024 Debrecen
Csapó u 19 fszt. 1. címen írásban teheti meg. A Vevői kifogások intézésének módjára a 19/2014. NGM rendelet, az 1997. évi CLV. törvénya
fogyasztóvédelemről szóló szabályai az irányadóak.
Szavatossági igénye érvényesítésekor a szerződés megkötését a Vevőnek kell bizonyítani. A
szerződés megkötését bizonyítottnak kell tekinteni, ha az ellenérték megfizetését igazoló
bizonylatot – az általános forgalmi adóról szóló törvény alapján kibocsátott számlát vagy
nyugtát – a Vevő bemutatja. A szavatossági vagy jótállási igényről felvett jegyzőkönyvben az alábbiakat kell rögzíteni: a Vevő nevét, címét, a Vevő és vállalkozás közötti szerződés keretében eladott ingó dolog megnevezését, vételárát, a szerződés vállalkozás általi teljesítésének időpontját, a hiba bejelentésének időpontját, a hiba leírását, szavatossági vagy jótállási igénye alapján a Vevő által érvényesíteni kívánt jogot
szavatossági vagy jótállási igény rendezésének módját vagy az igény, illetve az az
alapján érvényesíteni kívánt jog elutasításának indokát
Ha az Eladó szavatossági vagy jótállási kötelezettségének a Vevő által érvényesíteni kívánt
jogtól eltérő módon tesz eleget, ennek indokát a jegyzőkönyvben meg kell adni. Az Eladónak a Vevő szavatossági vagy jótállási igényének teljesíthetőségéről bejelentéskor,
de legkésőbb 5 munkanapon belül kell – igazolható módon – értesítenie a Vevőt.
If the claim is rejected
, the Buyer must also be informed
of the reasons for the rejection and of the possibility of recourse to an arbitration panel.
The Seller shall keep a record of the Buyer’s warranty or guarantee claim for three years
after its registration and shall produce it
at the request of the supervisory authority.
The notification of a warranty or guarantee claim shall not constitute a complaint under the Consumer Protection Act
.
5.2. Customer complaints procedure:
The Customer may communicate his complaint to the Seller orally or in writing. The Seller shall investigate the oral complaint
without undue delay, but at the latest within 5 working days of the report and shall
remedy it as necessary.
If the Buyer does not agree with the handling of the complaint or if it is not possible to investigate the complaint within the above time
limit, the Seller shall promptly
make a record of the complaint and its position and send a copy thereof to the Buyer within 30
days at the latest, together with the substantive response, in accordance with the requirements for a response to a written complaint.
In other respects, the Seller shall act as follows with regard to the written complaint
.
Unless otherwise provided by a directly applicable legal act of the European Union
, the Seller shall respond in writing
and take measures to communicate the merits of the written complaint within thirty days of receipt. A shorter period
may be set by law, a longer period by statute. The
Seller shall state the reasons for its rejection of the complaint. Oral complaints communicated by telephone or by means of an electronic communication service
must be given a unique identification number by the undertaking.
The record of the complaint must include the following:
the name and address of the Customer, the place, time and manner of lodging the complaint, a detailed description of the Customer’s complaint, a list of documents, records and other evidence presented by the Customer, the undertaking’s statement of its position on the Customer’s complaint, if an immediate investigation of the complaint is possible, the signature of the person who took the record and, except for oral complaints made by telephone or other electronic communication services, the signature of the consumer, the place and time of the recording of the report,
the unique identifier of the complaint
in the case of an oral complaint communicated by telephone or other electronic means of communication
The seller shall keep the record of the complaint and a copy of the reply for three years
and shall present it to the supervisory authorities upon request. If the complaint is rejected, the Seller shall inform the Buyer in writing of the authority or conciliation body
to which the complaint
may be submitted, according to its nature. The information shall also include the headquarters, telephone and
Internet contact details and postal address of the competent authority or conciliation body in the place where the
Buyer resides or is staying. The information shall also include
whether the Seller will use the conciliation body
procedure to settle the consumer dispute.
If any consumer dispute between the Seller and the consumer is not settled during
negotiations, the following enforcement options shall be available to the
consumer:
5.2.1. Fogyasztóvédelmi eljárás
You can complain to the consumer authorities. If a consumer perceives a violation of his/her rights as a consumer
, he/she has the right to lodge a complaint with the consumer protection authority
competent for his/her place of residence. After examining the complaint, the authority will decide whether to initiate the
consumer protection procedure. The consumer protection authorities of first instance are the government offices of the capital and the county
where the consumer resides, a list of which
can be found here: http://www.kormanyhivatalok.hu/
5.2.2. Court proceedings
The consumer is entitled to enforce his/her claims arising from consumer disputes before a court
in civil proceedings in accordance with Act V of 2013 on the Civil Code
and Act CXXX of 2016 on the Code of Civil Procedure
.
5.2.3. Conciliation Body procedure
If the consumer complaint is rejected, the consumer has the right to apply to the competent Conciliation Body
of his/her place of residence,
or the place of stay indicated in his/her application. The initiation of the conciliation body’s proceedings is subject to the consumer’s direct attempt to resolve the dispute with the
undertaking concerned.
Unless the consumer requests a personal hearing, the conciliation body shall hold the hearing
online, without the presence of the consumer in person, by means of an electronic device
which allows simultaneous transmission of sound and images (hereinafter referred to as “online hearing”).
The business is subject to a duty of cooperation in the conciliation procedure, in the framework of which
we are obliged to send our reply
to the conciliation body within the time limit set by the conciliation body. 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 undertaking
shall ensure the participation of a person authorised to conclude a settlement
agreement in the hearing. The representative of the undertaking
authorised to enter into a settlement agreement must attend the online hearing online. If the consumer requests a face-to-face hearing, the representative of the
undertaking authorised to negotiate a settlement must at least attend
the hearing online.
More information on Conciliation Boards is available here: https://www.bekeltetes.hu
Contact details for each of the regional Conciliation Boards:
Budapest Board of Conciliation
Headquarters: Budapest
Area of jurisdiction: Budapest
Contact:
Address: 1016 Budapest, Krisztina krt. 99. I.
floor. 111.
Postal address: 1253 Budapest, Pf.:10.
Telephone number: 06-1-488-2131
E-mail: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu Baranya Vármegyei Békéltető Testület
Headquarters: Pécs
Area of jurisdiction: Baranya vármegye,
Somogy vármegye, Tolna vármegye
Contact:
Address: 7625 Pécs, Majorossy I. u.
36.
Phone number:06-72-507-154
E-mail: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu Borsod-Abaúj-Zemplén Castle County
Conciliation Board
Headquarters: Miskolc
Area of jurisdiction: Borsod-Abaúj-
Zemplén Castle County, Heves Castle County,
Nógrád Castle County
Contact:
Address: 3525 Miskolc, Szentpáli u.
1.
Phone number: 06-46-501-091
E-mail: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu Csongrád-Csanád Vármegyei Békététő
Body
Headquarters: Szeged
Area of jurisdiction: Békés vármegye, Bács-
Kiskun vármegye, Csongrád-Csanád vármegye
Contact:
Address: 6721 Szeged, Párizsi krt.
8-12.
Phone: 06-62-549-392
E-mail: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu Fejér Castle County Conciliation Board
Headquarters: Székesfehérvár
Area of jurisdiction: Fejér Castle County,
Komárom-Esztergom Castle County,
Veszprém Castle County
Contact:
Address: 8000 Székesfehérvár,
Hosszúsétatér 4-6.
Győr-Moson-Sopron Castle County Conciliation Board
Board
Headquarters: Győr
Area of jurisdiction: Győr-Moson-Sopron
Castle County, Vas Castle County, Zala Castle County
Contact:
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217 Phone number:06-22-510-310
E-mail: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu E-mail: bekelteto.testulet@gymsmkik.hu
Website: bekeltetesgyor.hu
Hajdú-Bihar Castle County Conciliation Board
Board
Headquarters: Debrecen
Area of jurisdiction: Jász-Nagykun-
Szolnok county, Hajdú-Bihar
county, Szabolcs-Szatmár-Bereg
county
Contact:
Address: 4025 Debrecen, Vörösmarty u. 13-
15.
Phone number: 06-52-500-710
E-mail: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu Pest Vármegyei Békéltető Testület
Headquarters: Budapest
Area of jurisdiction: Pest Vármegye
Contact:
Address: 1055 Budapest, Balassi Bálint u. 25.
IV/2.
Phone number: 06-1-792-7881
E-mail: pmbekelteto@pmkik.hu
Website: complaints.hu Conciliation Board procedure for persons who are not consumers:
Under the Consumer Protection Act, a consumer
is a civil organisation, a religious legal person, a condominium, a housing
association acting in the interests of its own occupation and for purposes outside its economic activity
which buys, orders, receives, uses, makes use of or is the recipient of commercial communications or offers in connection with goods
.
The Conciliation Board is entitled to verify and investigate the existence of consumer quality. The rules of the
procedure are governed by the rules written under the Conciliation Body.
5.2.4. ODR Platform
Complaints can be submitted to the EU Online Dispute Resolution platform (“ODR platform”).
The ODR platform allows consumers and traders within the EU to
try to reach out-of-court settlements for complaints arising from online
purchases.
This user-friendly and interactive website is available in all official EU languages
and is free to use. Using the ODR platform, the Buyer and the Seller
can agree on a dispute resolution body and then go through a process to find a solution to the Buyer’s complaint. Az ODR platform itt
érhető el: http://ec.europa.eu/odr.
A fogyasztónak minősülő vevő kifogásainak bíróságon kívüli rendezésével kapcsolatos
lehetőségekről további tájékoztatást az alábbi elérhetőségeken talál:
Békéltető
Testületieljárás: https://fogyasztovedelem.kormany.hu/#/bekelteto_testuletek
Fogyasztóvédelmi hatósági eljárás
indítása: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
Európai Fogyasztói
Központ: https://fogyasztovedelem.kormany.hu/#/europai_fogyasztoi_kozpont.
6. Subscribing to the newsletter Visitors of the webshop have the possibility to subscribe to the Seller’s newsletter by entering their name and e-mail address
.
Seller sends regular
information about the goods and services it sells to the Customers subscribed to the newsletter.
The processing of the personal data provided during the subscription is handled by the Seller in accordance with the terms and conditions set out in the
Privacy Statement.
The Buyer may at any time request to unsubscribe from receiving the newsletters by using the unsubscribe option provided in the
newsletters. In this case, the Seller will remove the Buyer’s
name and e-mail address from the list and will no longer send him any newsletters.
7The law applicable to the contract, the method of dispute settlement
The contract of sale between the Parties shall be governed by Hungarian law.
The Parties shall seek to resolve any disputes arising from the contract by conciliation between themselves
by amicable means.
The Buyer may refer to a conciliation body as already indicated above or may use
the online dispute resolution
platform also indicated in detail above.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show
If the dispute cannot be resolved out of court, the Parties stipulate
the exclusive jurisdiction of the court having jurisdiction
over the matter at the Seller’s registered office.8. The scope of the GTC does not extend to the
financial institution making the payment and to the Supplier.
The legal relationship between the Seller and the Buyer is established when the Buyer has
finalised his order and, in this context, the Buyer accepts these GTC of the Service and the Seller has confirmed the order electronically to
the Buyer.
The effective date of the current text of the GTC is 2024. …………..
The GTC is also available to the Buyer in a save and printable format.
The GTC is valid for an indefinite period of time.
In the event of a change to the GTC, the provisions of the GTC in effect on the date of the order
shall apply to pending orders.