Terms and conditions
Terms and Conditions come into force: 26.08.2021
1. What is included in this document?
These Terms and Conditions (hereinafter: “GTC”) define the content of the contract concluded between the Buyer and the Webshop (hereinafter: “ Contract”) , including:
- important data and contact details of our company (the Webshop)
- the rights and obligations of you as a Customer and of us as an Online Store,
- information about the use of our Website, the order process (e.g. registration, order procedure, whether the contract is written, the language of the conclusion of the contract, whether filing takes place, correction of data entry errors, bids and acknowledgement, etc.)
- certain rules on delivery deadlines,
- the rules of liability,
- terms of delivery and payment,
- information on the right of withdrawal and the conditions for exercising it,
- information on warranty, warranty and product warranty,
- a detailed description of the enforcement options available to you.
The definitions of the terms used in the GTC have been compiled in full in Annex I. For better understanding of words, we also define definitions in certain parts of the body text.
Technical information, mandatory information
The technical information necessary for the use of the Website, as well as certain other information required by law, which is not contained in the GTC, can be found on the Website.
2. Relevant legislation
The law governing the Contract is the law of Hungary. We have listed the most important legislation so that you can verify your rights firsthand and from a completely credible source:
- Act CLV of 1997 on consumer protection
- Act LXXVI of 1999 on Copyright
- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
- 151/2003. (IX.22) Government Decree on the mandatory guarantee for durable goods
- Act CXX of 2011 on the Right of Informational Self-Determination and Freedom of Information
- Act V of 2013 on the Civil Code (in particular the Sixth Book)
- 45/2014. (II.26.) Government Decree on the detailed rules of contracts between the consumer and the enterprise
- 19/2014. (IV.29.) NGM Regulation on the procedural rules for the handling of warranty and guarantee claims for things sold under a contract between the consumer and the enterprise
- Regulation (EU) 2016/679 of the European Parliament and of the Council of (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination in the internal market based on the nationality, place of residence or establishment of the purchaser, and 2006/ amending Regulations (EC) No 2004/EC and (EU) 2017/2394 and Directive 2009/22/EC
Welcome to the website operated by us (hereinafter: “Website”:).
Language of the Agreement
The language of the Treaty is Hungarian.
Basic information: who makes an offer and who accepts it?
The information provided on the Website does not constitute an offer for the conclusion of a contract by the Webshop. In case of orders falling within the scope of these GTC, you are a contractor under the law, the Webshop accepts your offer and thus the contract is concluded between us.
Basic information: is the contract between us written?
The order placed via the Website is not considered to be a written statement, but by reference, so the electronically concluded contract between you and the Webshop does not constitute a written contract, they are not filed by the Webshop, so it is not accessible and cannot be viewed afterwards.
Place an order, conclusion of a contract
Orders can only be placed electronically. It is not possible to place orders by fax, telephone, e-mail or mail, the Webshop cannot fulfill orders received in this way.
You acknowledge and accept the provisions of these GTC by referring to the conduct of the Website (by checking the box, clicking on the button to start the order).
Code of Conduct
The Webshop does not subject itself to the provisions of the Code of Conduct.
4. Data of the Webshop
|Name:||Art Galéria Lakberendezési Kft.|
|Registered seat:||H-2040 Budaörs, Iparos utca 3-5|
|Phone number:||+36 20 501 5855 and +36 70 947 7382|
|Company Registration Number/Registration Number:||13-09-112985|
|Sales online interface (domain name):||https://art-galeria.hu/|
|Bank account number:||11795009-29902468-00000000|
|Bank account number:||11795009-29902468-00000000|
5. Detailed terms and conditions of purchase
The purchase on the Website is not subject to valid registration.
If you are allowed to register on the Website, you have the following rules:
- You can register by clicking on the “Register / Register” button, providing an e-mail address and other data (for more details, see the Privacy Notice).
- After successful registration, you will be able to log in to the user’s account by entering your login details.
- You have the right to request the cancellation of your registration in the manner specified on the Website (eg in your user account). Upon receipt of the message, the Web Store is obliged to immediately cancel the registration. Your user data will be removed from the system immediately after deletion. However, this does not affect the retention of data and documents related to orders already placed, nor does it result in the deletion of this data. Once removed, there is no way to restore the data.
- You are solely responsible for maintaining the confidentiality of user access data (especially passwords). If you become aware that the password provided during registration may have been accessed by an unauthorized third party, you are obliged to change your password immediately, and if it is suspected that the third party misuses the password in any way, you must notify the Web Store at the same time.
- You agree to update the personal information you provide during registration as necessary to ensure that it is timely, complete and accurate.
Get to know and choose your product
You have the opportunity to browse the Products on the Website, which we present to you in different aspects. Clicking on the name of the product category displays a list of products in it. You can find information about the essential properties, detailed characteristics and price of the Product by clicking on the name and photo of the Products.
Functions of the “cart”
If you like any Product, you can click on the button(s) with the inscription “Add to cart” or similar button(s) you can place your Product(s) in your virtual cart, which is a kind of “vestibule” of your order.
You can view the contents of the cart by clicking on the “Cart Contents”, “Cart” or similar inscription or on the cart icon (drawing).
You may reduce, increase or remove your Product(s) from the cart before placing your order permanently.
What steps do you need to take to start your order?
To send your order, you need to enter your name, billing and delivery details by filling out the web form on the Website and select the desired delivery and payment method from the available options. If you have a registration option on the Website and you have already registered on our Website and have logged into your account, for your convenience, some data will be pre-loaded for you.
What do you recommend to do before submitting your order? (data verification/repair)
Before you finalize your order, you can use a summary page to check all the information you have previously provided, as well as the Product(s) you want to order and their quantity. If you have noticed data entry errors, be sure to correct them on the specified data. If you want to change any of the content elements of the shopping cart or your data before the final sending, you can do so using the technical methods provided by the Web Store (e.g. “Back” inscription/button or left arrow).
Submit your order and incur your payment obligation
If you are convinced that the information provided is correct and the contents of the cart correspond to the Products you wish to order, you can permanently send your order to the Webshop by clicking the “SEND ORDER” or similar button after accepting these GTC (tick the box), which creates a payment obligation for you.
Price of products
The purchase price of the Products displayed on the Website is indicated in the manner that includes value added tax and other charges (gross). The purchase price shown next to the Products does not include the cost of delivery. The price of the products is indicated in Hungarian Forint (HUF). The total amount to be paid includes all costs, including shipping fees, based on the order summary and confirmation letter.
Order Confirmation Process
The following is a contract between you and the WebStore.
After you submit your order to us on the Website, you will receive an email containing an automatic confirmation informing you that your order has arrived in the system and contains the information you provide (order ID, order date, the list of the ordered Products, the quantity, the price of the Product, the shipping cost and the total amount to be paid).
If you find that the confirmation contains incorrect information, you are obliged to inform us of this fact immediately by e-mail, together with the correct information. If your confirmation and contract email does not arrive in your email account within 24 hours, please contact us as your order may not have arrived in our system due to technical reasons.
Contract conclusion, content of the contract
When will the contract be concluded between you and the Online Store?
The e-mail accepting the offer constitutes the acceptance of the offer made by the Webshop, with which the contract is concluded between you and the Webshop at the time when the e-mail containing our contractual statement becomes available in your electronic mail system.
What kind of contract is the Agreement between you and the Online Store?
The contract for the sale of the Product concluded between you and the Webshop online is considered to be a contract of sale concluded electronically. Under the contract of sale, you are obliged to transfer the ownership of the Webshop thing, to pay the purchase price and to take over the thing.
You are released from the obligation to make an offer if you do not receive a confirmation e-mail from the Webshop without delay, but no later than within 48 hours.
The order and its confirmation shall be deemed to have been received by the Webshop or by you when it becomes available to the recipient.
If the confirmation is not received in time because you provided an incorrect e-mail address during registration or you are unable to receive a message due to the full space of your account, the Web Store excludes your liability for the failure of your order and the failure to enter into a contract.
If you have already sent your order to the Webshop and notice an error in the data in the confirmation e-mail, you must report it to the Webshop within 1 day in order to avoid fulfilling orders with unwanted or incorrect data.
We exercise the utmost care in indicating the price of the Products and the description of the Products. However, we may display a price (discount) that is significantly different from the normal market price of the Product and / or an unrealistic price due to an IT device / software error.
Obviously the wrong price can be any of the following three cases:
- The Webshop indicates a price of 0 HUF for one or more Products,
- the Online Shop shall indicate a reduced price for one or more Products, but not reduced according to the actual amount of the discount,
- the Webshop shall indicate an erroneously bypass price for one or more Products, which is lower than the preferential market price level, without the intention of actual price delivery.
In such cases, the Web Store is entitled to:
a, does not accept (reject) your offer created with content (unrealistically low price) contrary to the contractual will of the Webshop
b, you choose to make an invitation to tender at a price already in line with your actual contractual will (you are not obliged to place a new order with us at this new price),
c, or the bidding process started at the wrong price is considered unsuccessful and the contract is not concluded.
We consider it important to emphasize that the assessment of a commercial practice must be based on the conduct of a consumer who acts reasonably well, with the care and caution normally expected in a given situation.
The Webshop therefore assumes that the Customer is acting on the basis of what is expected of the conscious consumer, so he is aware of the nature, characteristics and market price level of the Product to be ordered, even if the price of the Product indicated by the Webshop is obviously too low.
The Web Store will issue an invoice for your purchase and send the invoice to you by e-mail and / or place it in the package.
You can pay the purchase price of the Products you choose with a variety of payment solutions. The set of payment solutions available to you varies from time to time. We will also inform you about the current payment solutions available on the Website in several places (e.g. with icons) and when ordering a specific Product. Here we will provide you with general information about payment solutions.
The total amount of the order can be settled by using the following payment methods:
- Payment by credit card: if you can also choose the option of prepaying by credit card among the payment methods, you can pay with your credit card in a secure way in the system of the financial service provider contracted with the Webshop. (Here it is necessary to write about the barion, or is this enough?)
- bank transfer: You can pay for your order by bank transfer prior to delivery or receipt of the Product (s). Before initiating a bank transfer, be sure to wait until the Webshop confirms your order and sends you the necessary transfer instructions. Securely check the bank account number of the Web Store based on the bank account information provided in point 4.
- Cash on delivery: If you can also select the “Cash on delivery” payment method for a specific order, the value of the order will be settled upon receipt at the place of delivery or receipt, in cash or, depending on the courier company, by credit card. The Webshop only accepts Hungarian forints (HUF).
The Webshop does not apply different conditions to the payment transaction accepted by the Customer due to the Customer’s citizenship, place of residence or place of establishment, place of payment account, place of establishment of the payment service provider or place of issue of the cash substitute payment instrument within the Union.
Terms of delivery
Products of your choice can be ordered in a variety of delivery methods and at variable prices from time to time, and in some cases you will find them at constantly variable prices in the context of special offers. We will inform you about the current delivery methods and their prices when ordering a specific Product, here we will provide you with general information on the terms of delivery.
Methods of acceptance
- Home delivery
In case of home delivery, please provide a delivery address where it is available during the day.
If you are not at the given delivery address at the specified time and the delivery of the package fails, the courier will leave a notice at one of the given contact details. Using the number on the notification, you can enter and reconcile a new delivery address and time at the courier service. The courier service attempts to deliver the ordered Products 1 more time.
The courier service will try to deliver twice in total, however, if the 2 deliveries fail for reasons attributable to you, the Webshop will retry the 3 deliveries only if you have already paid the order by bank transfer to the Webshop and the purchase price is in the Webshop’s account. has been credited.
The Webshop reserves the right to deliver the Products included in one order at the same time, and does not undertake partial delivery.
- Personal pick-up / pick-up point
If we also provide you with a personal pick-up or other parcel machine pick-up for the receipt of the ordered Products within the options provided during the order, the Product you have purchased can be picked up at the given pick-up point from that date. Before receiving, please wait for an email or text message confirming the possibility of receipt, which will be sent to you by the Webshop or its agent.
Information on the receipt of a product
Upon receipt of the Product(s), you are obliged to verify that the packaging is free of damage. If you experience damage to the packaging and/or your Product(s), ask the courier to add a report. Subsequent complaints without a protocol are not accepted.
The WebStore is obliged to provide (deliver) the Product to the Consumer without delay, but not later than thirty days after the conclusion of the contract.
The specific delivery date is always indicated in the confirmation sent by the Webshop.
The WebStore will deliver your order to the courier service as soon as possible depending on the type of Product(s) ordered. Actual delivery time may vary depending on the mode you choose. The Webshop and / or the courier company will notify you in advance by e-mail and / or sms of the date of delivery.
In the event of a delay in the Webshop, the Customer who qualifies as a consumer (see the Definitions in Annex I) is entitled to set an additional deadline. If the Webshop fails to perform within the additional deadline, the Consumer is entitled to withdraw from the contract
The Consumer is entitled to withdraw from the contract without setting an additional deadline if
1. the Webshop refused to perform the contract
2. the contract should have been performed at the agreed time of performance, and not otherwise, as agreed by the Parties or because of the recognizable purpose of the service.
Requiring a payment condition for delivery
If you have not previously received the ordered Product (except for the exercise of the right of withdrawal) or the Product has not been sought back to the Webshop with an indication, the Webshop may make the order subject to payment of the purchase price and shipping costs in advance.
The Web Store has the right to withhold the delivery of the Product (s) until it is satisfied that you have successfully paid the price of the Product using the electronic payment solution (including the case when transferring the Product in the currency of the Buyer’s Member State due to the purchase price and the conversion, as well as the bank charges, the Web Store will not receive the amount determined on the basis of the purchase price and the delivery fee). The Web Store will invite the Buyer to supplement the purchase price if the price of the Product has not been paid in full.
If, in accordance with the conditions specified on the Website, persons ordering from Hungary may request the delivery of the Product to Hungary and / or the territory of any European Union Member State, the person ordering from outside Hungary may also request this option. This means that we do not discriminate territorially against individual customers.
Delivery can be requested in the following countries: Hungary, Austria, Czech Republic, Croatia, Poland, Germany, Romania, Slovakia, Slovenia. In the case of orders and deliveries from countries outside the territory of Hungary, Hungarian law is valid, so those summarized in these GTC can be considered valid.
If the WebStore delivers orders abroad within the territory of the European Union (EU), the provisions of the present GTC apply to foreign orders, in accordance with the provisions of the present GTC, in the meaning of this clause, to the Buyer
- a Consumer is a citizen of an EU Member State or a resident of an EU Member State, or
- an undertaking which is established in a Member State and buys goods or services within the European Union solely for end-use purposes.
The content on the Website and our correspondence and other communications with you are made mainly in Hungarian, and we are not obliged to correspondence/telephone with the Customer in the language of the Customer’s choice.
Passing of risk
If the Customer qualifies as a Consumer (see definitions in Annex I) and the Web Store undertakes to deliver the Product(s) to the Consumer, the risk of damage passes to the Customer when the Customer or a third party designated by the Customer takes possession of the Product(s). The risk of damage passes to the Buyer upon delivery to the carrier, if the carrier has been assigned by the Buyer, provided that the carrier was not recommended by the Web Store.
6. Information on the right of withdrawal and the rules for exercising the right of withdrawal
The Consumer’s right of withdrawal
Important information: the rights listed in this section belong to Customers who are consumers (hereinafter: “Consumer” – see also Definitions in Annex I). Accordingly, companies, institutions, some of you (legal entities) may not exercise the right of withdrawal as set forth below.
Pursuant to 45/2014. (II. 26.) Section 20 of the Government Decree, in the case of a contract for the sale or purchase of a Product, the Consumer is entitled to a
- when supplying multiple Products, the last delivered Product,
- in the case of a product consisting of several lots or pieces, the lot or piece last supplied,
- if the Product has to be supplied regularly within a specified period, to the first service,
to withdraw from the contract without giving reasons within fourteen (14) days from the date of receipt by the Consumer or a third party designated by the Consumer, other than the carrier.
The Consumer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the Product.
Exclusion of the Consumer’s right of withdrawal
The Consumer shall not have the right of withdrawal in the following cases:
- in the case of a contract for the provision of services, after the performance of the service as a whole, if the undertaking has commenced the performance with the express prior consent of the consumer and the consumer has acknowledged that the right to terminate after the performance of the service as a whole lose;
- in respect of a product or service, the price or price of which is dependent on a possible fluctuation of the financial market which cannot be influenced by the undertaking, even within the time limit specified in Article 20 (2);
- in the case of a non-prefabricated product which has been produced at the consumer’s instructions or at his express request, or in the case of a product clearly tailored to the consumer;
- in respect of a perishable or short-lived product (eg fresh food, hot food);
- in respect of products in sealed packaging which cannot be returned after opening after delivery for health or hygiene reasons; Returning such products from the WebShop cannot be expected if the Consumer has opened the packaging directly protecting the product and/or has started using it for its intended purpose, since it cannot be ruled out that the product is with human body or body fluids or bacteria has been in contact, so the hygiene or sanitary quality of the product can no longer be guaranteed. If the Consumer has not yet begun to use these products covered by the exception rule and therefore has not opened the packaging directly protecting the product, he may exercise his right of withdrawal in accordance with the general rules.
- in respect of a product which, by its nature, is inextricably mixed with other products after delivery;
- in respect of an alcoholic beverage the actual value of which is dependent on market fluctuations which cannot be controlled by the undertaking, the price of which was agreed upon by the parties at the time of conclusion of the contract, but the performance of the contract is limited to the thirtieth following the conclusion of the contract. takes place after the day;
- in the case of a business contract where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;
- in respect of the sale of sound or video recordings in sealed packaging and copies of computer software, if, after delivery, the consumer has opened the packaging;
- for newspapers, journals and periodicals, except for subscription contracts;
- in the case of contracts concluded at public auction;
- in the case of contracts for the provision of accommodation, transport, rental of cars, catering or contracts for services relating to leisure activities other than residential services, where a date or time limit for performance specified in the contract is specified;
- with regard to digital content provided on intangible media, where the business has commenced performance with the express prior consent of the consumer and the consumer has stated at the same time that he loses his right of cancellation after the commencement of performance;
- the consumer has removed the original packaging of the product.
If the Consumer still wishes to exercise his right of withdrawal, he is obliged to send a clear statement of his intention to withdraw (for example by post or electronic mail) to the Webshop at the contact details indicated in point 4 of these GTC. For this purpose, the Consumer may use the information attached to the order confirmation email or contained in Annex II at the end of these GTC. A model statement of withdrawal is also available in an annex.
Rules of procedure for exercising the right of withdrawal
When is the exercise of the right of withdrawal considered valid?
In case of cancellation in writing, it shall be deemed to be validated within the deadline if the Consumer sends his statement to the WebStore within 14 calendar days (up to the 14th calendar day). If the Consumer sends his statement of withdrawal by post, the date of sending it by post, if by e-mail, the time of sending the e-mail will be taken into account by the Webshop for the calculation of the deadline. We recommend that you send the Consumer’s letter by registered mail so that the date of dispatch can be credibly proven, in particular with regard to the following (burden of proof).
Which party has the burden of proof?
It is up to the Consumer to prove that he has exercised his right of withdrawal in accordance with the provisions set out in this point (point 6).
What should the Web Store do after the Consumer has exercised his right of withdrawal?
The Web Store is obliged to confirm the receipt of the Consumer’s withdrawal statement by e-mail within a reasonable time, especially if the Consumer has submitted his withdrawal statement in the manner provided on the Website (for example on a web form).
What should the Consumer do after sending his statement of withdrawal?
In case of withdrawal, the Consumer is obliged to return the ordered Product to the return address indicated by the Webshop on the Website without undue delay, but no later than within 14 days from the publication of his / her statement of withdrawal. The deadline is deemed to have been met if the Consumer sends the Product (by post or delivers it to the courier ordered by him) before the expiry of the 14-day deadline.
Who is the cost of returning?
The cost of returning the Product to the address of the Webshop shall be borne by the Consumer, unless the WebStore has agreed to bear these costs. However, the WebStore does not assume the cost of the return delivery from the Consumer. The WebStore does not accept the parcel returned on delivery or port. Apart from the cost of returning the Product, the Consumer shall not bear any other costs in connection with withdrawal.
Consumer may be responsible for the depreciation of the Product in case of withdrawal
The Consumer shall only be liable for the depreciation of the Product if it has occurred due to use in excess of the use necessary to determine the nature, characteristics and operation of the Product. The WebStore may therefore demand the reimbursement of the depreciation and reasonable costs resulting from use exceeding that required to determine the nature, properties and functioning of the Product.
How long does the WebShop have to refund the purchase price and what elements of the purchase price in the event of the Consumer’s withdrawal?
If the Consumer withdraws from the contract, immediately but no later than within 14 days from the receipt of the Consumer’s statement of withdrawal, the Webshop shall reimburse all consideration paid by the Consumer (Product price), including transport (paid for delivery) costs, except for additional costs they arose due to the fact that the Consumer chose a mode of transport different from the cheapest usual mode of transport offered by the Webshop.
When are we gonna hold back the change?
The Webshop is entitled to withhold the refund until the Product has been returned or the Consumer has proved to the credit that it has been returned: of the two, the Webshop will take into account the earlier date.
How do we pay the refund to the Consumer?
During the refund, the Web Store will use the same payment method as in the original transaction, unless the Consumer expressly consents to the use of another payment method, such as his bank account number and the name of the payee in his statement of withdrawal. There is no additional cost to the Consumer as a result of using this refund method.
7. Warranty, Product Guarantee and Warranty Information
Warranty and Guaranteee Relationship
Warranty and guarantee rights prevail side by side. A fundamental difference between them is that in the case of a guarantee, the rules of the burden of proof are more favorable to the Consumer.
A Product is considered defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
If the claimant knew or had to know the defect at the time of the conclusion of the contract is not considered to be defective performance.
In the case of a consumer contract, until proven otherwise, it shall be presumed that the defect recognized by the Consumer already existed at the time of performance within six months of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect.
In the event of incorrect performance of the Webshop, you may assert a warranty claim against the Webshop in accordance with the rules of the Civil Code. In the case of purchasing a new product under a consumer contract, you can enforce your warranty claims within a 2-year limitation period from the date of receipt, for product defects that existed at the time of delivery of the product. You can no longer enforce your warranty rights beyond the two-year limitation period.
In the case of second-hand products, a limitation period of less than 2 years may be imposed. In the case of the Products sold by the WebStore always provides a 1 year warranty, according to which you can enforce your warranty claim within a 1-year limitation period.
If it is not a consumer contract, the holder may enforce his warranty claims within a limitation period of 1 year from the date of receipt.
You can assert your warranty claim directly against the Web Store.
a) Claims under the Supplies Warranty
You may, at your option, request a repair or replacement, unless it is impossible to meet the demand of your choice or would incur a disproportionate additional cost to the Web Store compared to the fulfillment of another demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be corrected at the expense of the Web Store, or you may have it repaired or, in the final analysis, withdraw from the contract. There is no place for withdrawal due to insignificant errors.
The deadline for correction starts at the time of receipt of the consumer goods.
You are obliged to communicate the error to the WebStore without delay, but not later than within two months of the discovery of the error.
You may switch from your chosen warranty right to another, but you are obliged to bear the cost of the transition, unless it was justified or justified by the Webstore.
If you assert your warranty claim in respect of the part that can be separated from the Product in terms of the indicated defect, the warranty claim shall not be deemed valid for the other parts of the Product.
b) Exemption of the Web Store from its obligation to guarantee supplies
Within six months of the performance of the contract, there are no conditions other than the notification of the error to enforce your warranty claim if you prove that you have purchased the Product from the Web Store (by presenting an invoice or a copy of the invoice). In such a case, the Web Store will only be released from the warranty if it rebuts this presumption, ie proves that the defect of the Product occurred after the delivery to you.
If the Web Store can prove that the cause of the error was due to a fault attributable to you, it is not obliged to accept your warranty claim. However, after six months from the date of performance, you must prove that the defect you identified already existed at the time of performance.
In the event of a defect in the Product (movable thing), the consumer who qualifies as a consumer may, at his / her option, withdraw (see point 6) or assert a product warranty claim.
However, you do not have the right to make a claim for a product warranty and a product warranty for the same defect at the same time, in parallel. However, in the event of a successful product warranty claim, you can assert your warranty claim against the manufacturer for the replaced product or repaired part.
a) Claims under the Supplies Warranty
As a product warranty claim, you can only request repair or replacement of the defective product. You will have to prove the defect in the product if you apply for a product warranty claim.
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. After that period, it shall forfeit that entitlement. After detection of the defect, it shall communicate the fault to the manufacturer without delay. An error notified within two months of the discovery of the defect shall be deemed to have been communicated without delay. The consumer shall be liable for damages resulting from delays in communication.
b) Exemption of the manufacturer from the obligation to guarantee the product
A manufacturer (distributor) shall only be exempted from product warranty obligations if he can demonstrate that:
- the product has not been manufactured or placed on the market in the course of its business, or
- the defect was not recognisable by the state of science and technology at the time of placing on the market, or
- the defect of the product is due to the application of legislation or mandatory regulatory requirements.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
In case of defective performance, the WebStore is obliged to provide warranty on the mandatory warranty for certain durable goods. In the case of the sale of new consumer durables listed in a government decree (IX. 22.) (eg technical items, tools, machines) and their accessories and components within the scope specified therein.
The (material) scope of the Regulation covers only new Products and applies only to products sold under consumer contracts concluded on the territory of Hungary and listed in the Annex to the Regulation.
Warranty rights can only be exercised by the consumer who is a consumer.
The WebStore shall communicate the duration of the warranty for each Product at the latest by means of the data contained in the warranty voucher (warranty card) given at the time of receipt of the Product by the Customer.
The WebStore is exempted from the warranty obligation only if it proves that the cause of the defect arose after the performance.
- one year in the case of a sales price of 10,000 HUF but not exceeding 100,000 HUF,
- two years in the case of a selling price exceeding HUF 100 000 but not exceeding HUF 250,000,
- 250 000 HUF sales price over three years.
Failure to comply with these deadlines entails loss of rights. The warranty period does not include the part of the repair period during which you cannot use the Product as intended.
The warranty period starts with the delivery of the consumer product to you or, if the commissioning is carried out by the enterprise or its agent, it starts on the day of commissioning. If you put the consumer product into operation more than six months after delivery, the start date of the warranty period is the date of delivery of the consumer product.
In the event of replacement (repair) of the Product or part of the Product, the warranty period starts again for the replaced (repaired) Product (part of the product) and for the defect that occurs as a result of the repair.
Claims under the Supplies Warranty
In the event of a warranty defect, you:
- primarily, at its option, require repair or replacement, unless it is impossible to fulfill the chosen warranty claim or would result in a disproportionate additional cost to the Webshop compared to the other warranty claim, taking into account the value of the Product in good condition, the severity of the breach and the warranty claim. harm to your interests.
- if the Webshop has not undertaken the repair or replacement, it is unable to fulfill its obligation within the time limit corresponding to this obligation, in the best interests of you, or if its interest in the repair or replacement has ceased, you may request a proportionate reduction of the purchase price, you can correct the error at the expense of the Web Store yourself or have it repaired by another, or you can withdraw from the contract. There is no place for withdrawal due to insignificant errors.
Errors that exclude warranty claim enforcement
The defect is not warranted if it occurred after the delivery of the Product to you, for example, if the defect:
- improper installation (unless the installation was carried out by the Webshop or its agent, or if the improper installation can be traced back to an error in the user manual)
- misuse, non-observance of the instructions for use,
- improper storage, improper handling, damage,
- elementary damage caused by natural disasters.
Procedure in case of warranty claim (in case of a Customer who qualifies as a consumer)
You can also claim your repair directly at the Webshop’s headquarters, at any site, branch, or at the repair shop indicated by the Webshop on the warranty card. You can report your warranty claims to the WebStore via the contact details specified in Section 4.
Proof of the conclusion of the contract is on you (with an invoice, receipt).
The WebStore shall bear the costs related to the fulfilment of the warranty obligation.
The Web store is obliged to keep a record of the warranty or guarantee claim you have notified to it and to provide a copy of it to you in a verifiable manner without delay.
The repair or replacement shall be carried out within a reasonable period of time, taking into account the characteristics of the Product and the intended purpose that you can expect.
If the Web store cannot declare the fulfilment of the warranty or warranty claim declared by you at the time of reporting it, it shall notify you of its position within five working days in a verifiable manner.
The Web store is obliged to keep the report for three years from the date of its recording and present it to the controlling authority.
The Web store will endeavour to carry out the repair or replacement within a maximum of fifteen days. If the period of repair or replacement exceeds fifteen days, the Web store shall inform you about the expected period of repair or replacement. The information is provided by electronic means or by any other means suitable for proof of acceptance by the consumer, subject to your prior consent.
If it is not possible to replace the Product, the Web store is obliged to refund the purchase price indicated on the invoice or receipt presented by you within eight days. The eight-day period shall begin upon the expiry of the thirty-day period for rectification.
Other rules for correction in case of mandatory warranty
In a contract between a consumer and a business, the parties may not enter into an agreement that differs from the provisions of Government Decree 45/2014 (II. 26.) to the detriment of the Consumer.
If during the warranty period:
- during the repair of the Product for the first time, the Web store finds that the Product cannot be repaired, unless otherwise specified by the consumer, the Web store is obliged to replace the Product within eight days,
- the Product fails again after three repairs – unless you provide otherwise or if you do not require a proportionate delivery of the purchase price and you, as a consumer, do not wish to repair or repair the consumer product at the expense of the Web store, the Web store must replace the Product within eight days ,
- if the repair of the Product is not carried out for the thirtieth day after the disclosure of the repair claim to the Web store, the Web store is obliged to replace the Product within eight days after the unsuccessful expiration of the thirty-day deadline.
If the consumer item is defective for the fourth time, you have the right to apply to the Web store for repair, or to request a proportionate delivery of the purchase price from the Web store, or to repair the consumer item at the expense of the Web store. If you do not exercise these rights or have not stated so, the Web store must replace the consumer product within 8 days, if this is not possible, you must refund the sale price on the invoice or receipt within 8 days.
In the case of a technical article, only new parts can be installed in the Product during repair, and in other decorative products it will be repaired by restoration.
If the Web store fulfills its warranty or guarantee obligations in a way other than the right you wish to enforce, the reason for this must be stated in the minutes.
In the event of replacement (repair) of the Product or part of the Product, the warranty period starts again for the replaced (repaired) Product (part of the product) and for the defect that occurs as a result of the repair.
If you claim a replacement within three working days of purchase (commissioning) due to a defect in the Product, the Web store may not claim a disproportionate additional cost, but is obliged to replace the Product, provided that the defect prevents proper use.
However, you do not have the right to simultaneously enforce warranty and warranty claims, product warranty and warranty claims for the same error.
Therefore, the warranty does not affect the enforcement of your legal rights, in particular, product warranty and damages.
If there is a dispute between the parties that cannot be settled amicably, you may initiate a conciliation body procedure as indicated in point 8.
The Web store does not warrant any damages resulting from improper or negligent handling after the transfer of the risk, excessive stress, other influences or other misuse of the Products.
8. Enforcement options
When can you complain
You may complain to the Web store about the conduct, activity or omission of the Web store and any person acting in the interests or benefit of the Web store, which is directly related to the distribution or sale of the Product (s) to you.
How can you make your complaint?
You can make your complaint verbally and in writing.
Where can you complain?
You may submit your consumer objections regarding the Product or the sales activity of the Web store primarily directly through the contact details specified in point 4.
Rules for the investigation of an oral complaint
The Webshop is obliged to examine the oral complaint communicated via the telephone immediately and, if possible, to remedy it as necessary. If you do not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the Web Store will record the complaint.
Rules applicable to the Protocol
In the event of an oral complaint communicated by telephone or other electronic communication service, the Web store will send you a copy of the minutes no later than at the same time as the substantive reply.
The Web store is obliged to keep a copy of the report on the complaint for three years from the receipt of the complaint and to present it to the inspection authorities.
A complaint recorded by telephone or other means of communication is provided with a unique ID by the Web store, which simplifies the retrieval of the complaint later.
In other cases, when processing the oral complaint, the Web store shall act in accordance with the rules governing the written complaint.
The Web store will reply to the written complaint received within 30 days and arrange for its disclosure.
In case of rejection of the complaint, the Web store will inform you of the reasons for the refusal. If the complaint is rejected, the Web store is obliged to inform you in writing which authority or conciliation body may initiate the procedure with its complaint. The information must also include the registered office, telephone and internet contact details and postal address of the competent authority or of the conciliation body of your place of residence or stay. The information should also include whether the Web store uses the conciliation panel procedure to resolve a consumer dispute.
Other enforcement options
If any consumer dispute between the Web store and the Customer is not resolved during the negotiations with the Web store, the Customer, who is a consumer, may apply to the conciliation body competent according to his place of residence or stay and initiate the body’s proceedings, or you can also apply to the conciliation body competent according to the registered office of the Web store, and the following enforcement options are open to the Customer:
- Conciliation panel proceedings
- Complaints to the consumer protection authority
- Dispute settlement procedure through the EU ODR platform
- Initiation of legal proceedings
Complaints to the consumer protection authority
If you notice a breach of your consumer rights, you can file a complaint with the relevant consumer protection authority in your place of residence. After consideration of the complaint, the authority decides on the conduct of the consumer protection procedure. The consumer protection authority acts on request or on its own initiative, thus examining the market behaviour of the Web store from the point of view of consumer protection. However, your individual case will be solved by the conciliation body, i.e. the consumer protection authority will transfer the applicant’s case to the conciliation body.
Dispute settlement procedure through the ODR platform of the European Union
In case of consumer disputes related to online sales agreements, consumers may be able to resolve their online shopping disputes, even cross-border, by means of an electronic complaint lodged via the online platform available via the above link.
All that is required is for the consumer to register on the online platform available at the link above, complete a request in full and then submit it electronically to the conciliation body via the platform. Thus, consumers can easily enforce their rights despite distances.
Government agencies have been designated by the lawas general consumer protection authorities. Contact information for government offices: https://www.kormanyhivatal.hu/hu/elerhetosegek
Initiation of conciliation body proceedings
Contact details of conciliation bodies:
If the Webshop rejects the Consumer’s complaint, the Consumer is also entitled to apply to the conciliation body competent according to his / her place of residence or stay. The condition for initiating the proceedings of the conciliation body is that the Consumer directly attempts to settle the dispute with the Webshop.
For the purposes of the rules applicable to the conciliation body, a consumer is also considered to be a non-governmental organization, church, condominium, housing association, micro, small and medium-sized enterprise, which buys, orders, receives, uses, uses or commercial communications related to the goods, addressee of the offer.
The Conciliation Body is responsible for resolving consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the Webshop and the Consumer in order to settle the consumer dispute. If this fails, it will take a decision on the matter to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively. At the request of the consumer or the Web store, the conciliation body shall advise on the rights of the consumer and the obligations imposed on the consumer.
The proceedings of the conciliation body are initiated at the request of the Consumer. The request shall be submitted in writing to the chairperson of the conciliation board. The requirement to be in writing may be fulfilled by letter, telegram, telegraph or fax, as well as by any other means which allows the recipient to keep the data addressed to him permanently for a period appropriate to the purpose of the data, and displaying the stored data in an unchanged form and content.
The application must include:
- the name, place of residence or residence of the consumer,
- the name, location or location of the enterprise concerned by the consumer dispute,
- where the consumer identifies the body requested for jurisdiction in place of the competent conciliation body,
- a brief description of the consumer’s position, the substantiating facts and the evidence thereof,
- a statement by the consumer that the consumer has attempted to resolve the dispute directly with the enterprise concerned
- a statement by the consumer that no other conciliation body has initiated proceedings in the case, no mediation proceedings have been initiated, no claim has been lodged or no application for a payment order has been lodged,
- a motion for a decision of the panel,
- the consumer’s signature.
The application shall be accompanied by the document or its copy (extract), the contents of which the Consumer refers as evidence, in particular the written declaration of the Web store about the rejection of the complaint, in the absence of this, other written evidence available to the Consumer in accordance with the required attempting to negotiate. If the Consumer acts by proxy, the application must be accompanied by a power of attorney.
The Web store is obliged to cooperate during the conciliation body procedure. In the event of a breach, the consumer protection authority shall have jurisdiction. Mandatory fines are applicable against the infringing conduct of the Web store, there is no possibility to waive it, it cannot be waived in the case of small and medium-sized enterprises either.
The amount of the fine may range from HUF 15,000 to HUF 500,000 in the case of small and medium-sized enterprises, while from HUF 15,000 in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million, 5% of the company’s annual net sales, until but up to a maximum of HUF 500 million.
As part of the procedure, he is obliged to send his reply to the conciliation body and to ensure the participation of the person authorized to reach an agreement at the hearing. If the registered office or premises of the Web store are not registered in the county according to the chamber operating the territorially competent conciliation body, the obligation of the company to cooperate extends to offer the possibility of concluding a written agreement in accordance with the consumer’s needs.
The conciliation body tries to reach an agreement between the consumer and the business, failing which it decides the matter. It is important that the buyer can only turn to the body in connection with the performance of his contract, ie his individual dispute, not in other cases within the competence of the consumer protection authority (eg deception, price indication, etc.), in which case the conciliation body will refer the matter to the consumer protection authority.
Contact details of each regionally competent conciliation body:
If any of the contact details has changed, you can view the latest contact information at the following link: http://www.bekeltetes.hu/index.php?id=testuletek
| Baranya County Conciliation Board|
Address: H-7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
| Bács-Kiskun County Conciliation Board|
Address: h-6000 Kecskemét, Árpád krt 4.
Phone number: 06-76-501-500; 06-76-501-525, 06-76-501-523
| Békés County Conciliation Board|
Address: H-5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66-324-976
| Borsod-Abaúj-Zemplén County Conciliation Board|
Address: H-3525 Miskolc, Szentpáli u. 1.
Telephone number: 06-46-501-091; 06-46-501-870
| Budapest Conciliation Board|
Address: H-1016 Budapest, Krisztina krt. 99 III. em. 310.
Phone number: 06-1-488-2131
| Csongrád County Conciliation Board|
Address: H-6721 Szeged, Parisian krt. 8-12
Phone number: 06-62-554-250/118
| Fejér County Conciliation Board|
Address: H-8000 Székesfehérvár, 4-6.
| Győr-Moson-Sopron County Conciliation Board|
Address: H-9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217
| Hajdú-Bihar County Conciliation Board|
Address: H-4025 Debrecen, Vörösmarty u. 13-15
Phone number: 06-52-500-710
| Heves County Conciliation Board|
Address: H-3300 Eger, Faiskola út 15.
Phone number: 06-36-429-612
| Jász-Nagykun-Szolnok County Conciliation Board|
Address: H-5000 Szolnok, Verseghy park 8. III. emelet 305-306.
Phone number: 06-56-510-621, 06-20-373-2570
| Komárom-Esztergom County Conciliation Board|
Address: H-2800 Tatabánya, Fő tér 36.
Phone number: 06-34-513-027
| Nógrád County Conciliation Board|
Address: H-3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32-520-860
| Pest County Conciliation Board|
Address: H-1119 Budapest, Etele út 59-61. II. emelet 240.
Correspondence address: H-1364 Budapest, Pf.: 81
Phone number: 06-1-269-0703
| Somogy County Conciliation Board|
Address: H-7400 Kaposvár, Anna u.6.
Phone number: 06-82-501-026
| Szabolcs-Szatmár-Bereg County Conciliation Board|
Address: H-4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42-311-544
| Tolna County Conciliation Board|
Address: H-7100 Szekszárd, Arany J. u. 23-25. III. emelet
Phone number: 06-74-411-661
| Vas County Conciliation Board|
Address: H-9700 Szombathely, Honvéd tér 2.
Phone number: 06-94-312-356
| Veszprém County Conciliation Board|
Address: H-8200 Veszprém, Radnóti tér 1. földszint 116.
Phone number: 06-88-429-008
|Zala County Conciliation Board|
Address: H-8900 Zalaegerszeg, Petőfi u. 24.
Phone number: 06-92-550-513
The Web store is obliged to cooperate during the conciliation body procedure.
Initiation of legal proceedings
If the Buyer does not turn to a conciliation body or the proceedings have not resulted in a result, he has the opportunity to go to court in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on Civil Procedure in order to settle the dispute. The lawsuit must be initiated with an application. The application must be accompanied by all documents, a copy of which the Customer refers to as evidence.
The following information shall be included in the application:
- the court seised;
- the names, domicile and legal status of the parties and of the representatives of the parties;
- the right to enforce, by presenting the facts on which it is based and the evidence thereon;
- the data from which the jurisdiction and jurisdiction of the court can be determined;
- a firm request for a court decision.
9. Other provisions
The Customer may use the Website, the webshop interface only at his own risk and accepts that the Web store shall not be liable for damages arising from the use in addition to liability for breach of contract caused intentionally or by crime, as well as damage to life, limb or health.
The Buyer is obliged to ensure that the use of the Website does not infringe the rights of third parties or the law, either directly or indirectly.
The Web store is entitled, but not obliged, to check the content (such as posts) that may be made available by the Customer during the use of the Website, and the Web store is entitled, but not obliged, to look for signs of illegal activity and is not responsible for them.
The pages of the Web store may contain connection points (links) that lead to the pages of other Web Stores. The Web store is not responsible for the privacy practices and other activities of these service providers.
If the Customer notices objectionable content on the Website, please notify the Web store immediately. If the Web store finds the indication to be justified in the course of good faith, you have the right to delete or modify the information immediately.
Copyrights and consequences of their infringement
The Website as a whole, its graphic elements, text, articles written in a blog post and technical solutions and the elements of the service are protected by copyright or other intellectual property rights. The Web Store is the copyright holder or authorized user of all content, any copyrighted work or other intellectual creation (including, inter alia, all graphics, photographs and other materials, layout of the interface of the Website) displayed on the Website and the services available through the Website, software and other solutions used, idea, implementation).
Saving or printing of the contents and parts of the Website on physical or other media is permitted only for private use or subject to the prior written consent of the Web store.
In the event of the use of the content specified above without a license, the Web Store is entitled to claim a penalty and / or damages. The amount of the penalty is 1000 HUF per word and 5000 HUF per image. With regard to the documentation of the copyright infringement, the Web store uses notarial assistance. The notary has the right to certify violations committed on the Internet, so that copyright infringements recorded in the presence of a notary can be certified notarized.
In addition to the rights expressly specified in these GTC, the use of the Website or any provision of the GTC gives the Buyer the right to use or use any trade name or trademark on the Website.
The Web store reserves all rights to all elements of its service, in particular the domain name, the subdomains belonging to it, all other domain names contained by the Web store, its subpages and the advertising areas on the Internet. All activities aimed at lists, organizing, archiving, hacking and decrypting the source codes of the Web store database are prohibited, unless the Web store has given specific written permission to do so.
It is forbidden to modify, copy, place new data or overwrite existing data in the Web Store database by bypassing the interface or search engines provided by the Web Store without a separate agreement or using the service provided for this purpose.
Terms and conditions for waiving
Waiver of any right is only valid if expressly stated in writing. If the Web store does not exercise any of its rights under these GTC, it cannot be considered a waiver of that right.
10. Unilateral modification of the GTC, exclusions
How can we change the General Terms and Conditions?
The Web store has the right to modify these Terms and Conditions unilaterally, in addition to informing the Buyer on the Website. The amended provisions shall become effective against the Buyer at the first use of the Website after the entry into force and shall apply only to orders placed after the modification. The GTC amendment does not have retroactive effect.
Completeness of the contract, exclusions
The present GTC and the prospectuses available on the Website, as well as other information, include the entire content of the contract between the Web store and the Customer.
Contracts concluded on the basis of these GTC do not have the content of the custom and practice established in the previous business relationship between the Webshop and the Customer. Furthermore, the contracts concluded on the basis of these GTC do not include the custom that is widely known and regularly used in the given business line by the subjects of a similar contract.
Parties: Webshop and Customer together.
Consumer: a natural person acting outside the scope of his or her profession, self-employment or business, who buys, orders, receives, uses, uses or is the recipient of commercial communications or offers related to the goods.
Important: Proceedings before conciliation bodies can also be initiated by persons outside the above definition of “Consumer”, as in this narrow sense the concept of consumer is extended to a non-governmental organization acting in accordance with a separate law, ecclesiastical law with a person, condominium, housing association, micro, small and medium-sized enterprise that buys, orders, receives, uses, uses or receives commercial communications or offers related to the goods.
Consumer contract: A contract in which one of the subjects qualifies as a Consumer.
Website: The electronic interface operated by the Web Store, on which the Contract is concluded.
Guarantee: In the case of contracts concluded between the Consumer and the Web store, according to the Civil Code,
- a guarantee given for the performance of the contract, which the undertaking voluntarily undertakes in addition to or in the absence of its legal obligation for the proper performance of the contract, and
- statutory warranty based on legislation.
Contract: Purchase contract between the Web store and the Customer through the use of the Website.
Absentee contract: a consumer contract concluded under a distance selling system for the supply of a contract product or service without the simultaneous physical presence of the parties, using only a means of communication between the parties for the purpose of concluding the contract.
Product(s): marketable movable property(s) included in the offer of the Website for sale, which may be the subject of the Contract in the event of the Purchaser’s order.
Buyer: a person concluding a contract by making a purchase offer through the Website, which can be both a consumer or a non-consumer entity (legal entity or other entity not qualified as such).
Webshop: one of the contracting parties to these GTC, the organization or sole proprietor specified in point 4.
A model statement of withdrawal is also available in an annex.
Complete and return to one of the contact details below only if you wish to withdraw from the contract.
Data of the Webshop:
|Company name:||Art Galéria Lakberendezési Kft.|
|Registered seat:||H-2040 Budaörs, Iparos utca 3-5|
|Phone number:||+36 20 501 5855 and +36 70 947 7382|
I, the undersigned, declare that I exercise my right(s) of withdrawal in connection with the contract concluded with the Web Store in connection with the sale and purchase of the following product(s):
Name of the product:……………………………………………………….
Date of conclusion of contract /date of receipt:
Name of consumer(s) withdrawing:………………………………………………………………………………
Address of the withdrawing consumer(s):……………………………………………………………………………..
If you provide the following data, you agree that the Web store will refund you the total amount paid by you in the form of a transfer:
Name of beneficiary:……………………………………………………………………………………..
Bank account number:……………………………………………………………………………………….…..
Your email address at the time of purchase/registration:…………………………………………………
Date …………………………………….., ………………..day……………………….month……………..year
Signature of the consumer(s)
(please sign only if you send it to us by mail)