General Terms and Conditions
(This GTC is effective from 01/10/2024)
Please read these General Terms and Conditions before making your purchase
1. Imprint
Business name: Sportérem Kereskedelmi és Gyártó Korlátolt Felelősségű Társaság
Registered office: 1094 Budapest, Liliom utca 32. Fsz.
Company registration number: 01-09-872779
Tax number: 13779740-2-43
EU VAT number: HU13779740
Bank account number: 11707024-20463186-00000000
IBAN: HU21117070242046318600000000
SWIFT: OTPVHUHB
Customer service (place of complaint handling):
Address: 1094 Budapest, Liliom utca 32.
Opening hours: Monday to Friday 9:00–17:00
Website: www.noatrophy.eu
Phone: +36 (1) 311-6245
E-mail: info@noaserleg.hu
Hosting provider: Tárhely.Eu Szolgáltató Kft.
Phone: +36 1 789 2 789
E-mail: support@tarhely.eu
Mail: 1538 Budapest, Pf.: 510.
2. General provisions
2.1. These General Terms and Conditions (hereinafter: GTC) define the contractual relationship between the Business as seller and the buyer as customer (hereinafter: Customer) (hereinafter collectively: Parties) in respect of the products offered for sale by the Business through the online shop accessible at noatrophy.eu
2.2. Before finalizing an order in the online shop, the Customer is obliged to become familiar with the provisions of these GTC. By purchasing in the online shop, the Customer accepts the provisions of these GTC, and the GTC form an integral part of the sales contract concluded between the Parties. If the user enters the online shop or reads its content in any way, even if not a registered user, they acknowledge the GTC as binding upon themselves. If the user does not accept the terms, they are not entitled to use the online shop or place an order
2.3. These GTC are continuously available (and can be downloaded and printed at any time) at the following webpage: www.noatrophy.eu/general-terms-and-conditions
2.4. Certain rights defined in the GTC may only be exercised by Customers who qualify explicitly as consumers under Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses. Under Section 8:1 (1) point 3 of Act V of 2013 on the Civil Code (Ptk.), a consumer is a “natural person acting outside their profession, independent occupation or business activity”
3. Registration, correction of data entry errors
3.1. Registration is not required to purchase on the website. If you register in advance, the Business will confirm successful registration by e-mail. Please note that an incorrectly provided e-mail address or a full mailbox may result in undelivered confirmation and may prevent registration. During purchase and registration, the Customer must provide their own, real data
3.2. The Business excludes liability for all consequences suffered by the Customer arising from incorrectly provided data during registration for any reason (including in particular delivery delays traceable to incorrect data, defective performance, or other issues arising during the provision of the service).
3.3. The Customer must keep the username and password provided during registration confidential. The Business bears no liability if the Customer forgets their username and/or password, or if either becomes accessible to any third party. The Business is not liable if a third party places an order in the online shop in lieu of and on behalf of the Customer using the Customer’s username and password. In such case the Business is still entitled to demand performance of the contract from the Customer (including in particular payment of the purchase price)
3.4. Erroneously recorded data can be modified after logging in under the Profile menu. Data affecting an active order can only be modified through our customer service, depending on the order status. During the ordering process, before finalizing the order, you can continuously modify the data you have entered. Please note that it is your responsibility to enter the data accurately, since billing and delivery are based on the data you provide. By placing the order, you acknowledge that the Business is entitled to charge you for all damage and costs arising from your erroneous data entry or inaccurately provided data
Scope of products and services available for purchase
4.1. The displayed products can be ordered online and in person at the Business’s premises. The prices displayed for the products and related services are in Euro and include the VAT prescribed by law (i.e., gross prices), but do not include the home delivery fee applicable depending on the order value. If a promotional price is introduced, the Business will fully inform Customers of the duration and conditions of the promotion. Prices are indicative; the Business reserves the right to change prices
4.2. In the online shop, the Business provides the product name, description, and a photo illustration. The images displayed on the product pages may differ from reality and in certain cases serve as illustrations. Please note that minor deviations from the product photo and the indicated dimensions may occur.
4.3. Despite all due care, if an incorrect price appears on the online shop interface—particularly an obviously incorrect price significantly different from the product’s well-known, generally accepted or estimated price, or a “0” EUR or “1” EUR price due to a system error, or in any case where it is clear that the product is not listed at a verifiable market price and the Business is not selling at a discount—then the Business is not obliged to deliver the product at the incorrect price, but may offer delivery at the market price, in light of which the Customer may withdraw from their purchase intention
Orders, delivery and payment terms
5.1. The Customer can select the desired product family by clicking on the product categories on the website and then the individual products and related services within them. By clicking on each product, you can find the product’s photo, description, price, and expected delivery time. The accessories and decorative elements shown in the photos are not part of the product unless specifically highlighted in the product description
5.2. By selecting a product and setting the quantity, the Customer can place the desired product and related service in the virtual Cart. The Customer can view the contents of the Cart at any time by clicking the “Cart” icon. In the Cart, the Customer can check the quantities of products to be purchased, or delete the entire contents of the Cart. Quantities can be modified individually by clicking the “+,-” icon. If the Customer wishes to add more products to the cart, they can continue navigating the online shop without losing the products and related services already placed in the Cart. If you do not wish to purchase additional products, after checking the contents of the Cart you can finalize your order by clicking the “Proceed to checkout” or “Checkout” button. If you choose the latter, the cart contents will be displayed for verification. If everything is correct, click “Continue” to start the ordering process and log in to your account, or you can purchase without registration by providing the required data
5.3. Please note that placing product(s) in the Cart does not result in the “reservation” of the product, nor does it constitute an expression of purchase intent or finalization of the order by the Customer. Consequently, it may happen that a product placed in the Cart disappears after a certain period because another Customer has purchased it in the meantime.
5.4. If the Customer has logged into their account or provided all necessary personal and billing data, on the next page they can choose the fulfillment method (delivery or personal pickup). In case of delivery, shipping data must be provided if you indicated a shipping address different from the billing address. After providing the shipping data, the Customer can confirm that they have read, understood and accepted the general terms and conditions and the privacy notice. On the same page, the Customer must choose the desired payment method from the available options. By clicking the “Purchase” or “Complete order” button, you can finalize your order and send it to the Business
5.5. If the Customer finalizes the online ordering process by providing the requested data, they place an order, which qualifies as a binding offer on the Customer’s part. However, this offer is not automatically accepted by the Business. The automatic confirmation of receipt of the order does not constitute acceptance of the Customer’s offer. The contract shall be deemed concluded only when the Business declares its acceptance of the order, confirmed in a separate e-mail sent to the Customer. The Business shall confirm your offer by e-mail within 3 (three) working days at the latest following the submission of your offer and its automatic confirmation. The contract is concluded when the confirmation e-mail sent by the Business becomes accessible to you in your e-mail system.
5.6. Commercial resale of products purchased in the online shop is strictly prohibited, except for partners in a reseller contractual relationship.
5.7. During order placement, the Customer can choose from the following payment and delivery terms:
Prepayment
With this payment method, before delivery begins, the user pays the purchase price of the product and the delivery fee to the Business in advance by bank transfer or by bank card payment via the website. The Business will arrange delivery by courier after the amount of the purchase price and delivery fee is credited to its bank account.
I acknowledge that the personal data below stored in the user database of noaserleg.hu by Sportérem Kft. (1094 Budapest, Liliom utca 32.) as data controller will be transferred to OTP Mobil Kft. as data processor. The scope of data transmitted by the data controller is as follows: buyer’s name, e-mail address, phone number, billing and shipping data, order number, order items and value. The nature and purpose of the data processing activities performed by the processor are available in the SimplePay Privacy Notice at the following link: https://simplepay.hu/adatkezelesi-tajekoztatok/
Cash on delivery (within the territory of Hungary only)
This payment method is not available for certain products or may be unavailable below a certain value limit. With this payment method, after a valid order, the Business will arrange delivery by courier. The Customer must pay the purchase price of the ordered goods and the delivery fee to the courier upon receipt of the goods.
Personal pickup at customer service
In case of personal pickup, the Business will hand over the ordered goods if the Customer has already paid the purchase price by bank transfer and the amount has been credited to the Business’s account, or the Customer pays the purchase price in cash, by bank card or via instant transfer upon handover of the goods. By agreement, the Business may, based on individual assessment, allow post-payment (bank transfer). Personal pickup is available at the Business’s customer service during opening hours.
5.8. In the case of a customized offer, based on a separate agreement to this effect, the Business also undertakes delivery abroad.
5.9. Under the sales contract, the Business is obliged to transfer ownership of the product, and the Customer is obliged to pay the purchase price and take possession of the goods. In the case of payment by cash on delivery, ownership of the product transfers to the Customer upon payment of the purchase price; until payment of the purchase price, the Business expressly reserves title.
5.10. If the Customer is a consumer, the risk of damage passes to the Customer when the Customer or a third party designated by the Customer, other than the carrier, takes possession of the goods. The risk of damage passes to the Customer upon delivery of the product to the carrier if the carrier was commissioned by the Customer. If the Customer is not a consumer, the risk of damage passes to the Customer when unloading of the products from the means of transport begins; however, if the carrier is commissioned by the Customer, the risk of damage passes to the Customer upon delivery of the product to the carrier.
5.11. If the Customer has previously ordered a product but did not accept it upon delivery (except in cases where they exercised the right of withdrawal), or if the product was returned to the seller marked as “not sought,” the Business will make the performance of any new order conditional upon advance payment of the purchase price and shipping costs. The Business may withhold handover of the product until it verifies that payment of the product price has been successfully made. If the product price has not been paid in full, the Business may call upon the Customer to pay the outstanding amount.
5.12. If, after an order is placed (including order confirmation), certain products become unavailable at the Business because they are no longer available from suppliers, the Business reserves the right to reject already confirmed orders in part or in full.
5.13. The Business is entitled to early performance and to partial performance without limitation.
5.14. The Business reserves the right, for certain larger-volume transactions and partners, to provide more favorable, individual contractual terms than those defined here.
5.15. All costs arising in connection with payment of the product that fall within the Customer’s sphere of interest—particularly but not exclusively transaction fees, costs of transfers from accounts held at non-Hungarian banks, or bank cash deposit fees—shall in all cases be borne by the Customer.
5.16. The Business is entitled to fulfill its accounting obligations relating to the transaction exclusively by issuing an electronic invoice. The electronic invoice issued by the Business is suitable for tax administration identification and is an accounting document issued electronically as regulated by the accounting and VAT laws. The original electronic invoice, as an authentic document, verifies the existence of obligations and rights related to tax payment; therefore, invoices issued electronically must be preserved in electronic form in accordance with the applicable laws. The invoice issued by the Business complies with the requirements prescribed in the relevant legislation.
Right of withdrawal
6.1. The rights defined in this section are available exclusively to consumers. Customers who do not qualify as consumers are not entitled to exercise the right of withdrawal specified below.
6.2. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Section 20 (1) of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, in the case of a contract for the sale of goods, the consumer is entitled to withdraw from the contract without giving reasons within 14 calendar days, counted from (i) receipt of the product, (ii) in the case of sale of multiple products where individual products are supplied at different times, receipt of the last product, (iii) in the case of a product consisting of multiple lots or pieces, receipt of the last lot or piece, or (iv) in the case of products to be supplied regularly over a specified period, receipt of the first service by the consumer or a third party indicated by the consumer, other than the carrier.
6.3. The consumer may exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product. If the consumer wishes to exercise the right of withdrawal, they must indicate their withdrawal intention to the Business’s customer service via one of the contact details specified in these GTC.
6.4. The consumer exercises the right of withdrawal in time if they send their withdrawal declaration before the expiry of the 14th day from receipt of the product (or in the case of multiple products delivered at different times, from receipt of the last product, or in the case of a product consisting of multiple lots or pieces, from receipt of the last lot or piece). In the case of withdrawal made in writing, it is sufficient to send the withdrawal declaration within 14 days.
6.5. In the case of notification in writing sent by post, the date of posting shall be taken into account; in the case of fax, the time indicated on the confirmation of successful transmission; in the case of notification by e-mail, the time of receipt of the e-mail. If the withdrawal declaration is sent by post, the Business will accept only declarations posted as registered mail.
6.6. The consumer may also communicate the withdrawal declaration using the model withdrawal form in Annex 2 of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses. Use of the model is not mandatory; the consumer may formulate the withdrawal declaration in their own words, but it must be unambiguous.
6.7. The consumer bears the burden of proving that they exercised the right of withdrawal in accordance with this section and the applicable legislation.
6.8. In the event of withdrawal, the consumer must return the ordered product to the address of the Business’s customer service without delay, but no later than within 14 days from the communication of the withdrawal declaration. The deadline shall be deemed observed if the product is sent before the 14-day deadline expires (i.e., it does not have to arrive within 14 days). The product must be returned together with all accessories. The Business is unable to accept parcels returned with cash on delivery. The consumer may return the ordered product to the Business by post or via courier service. If sent by post, the Business will accept only parcels sent as registered packages.
6.9. The cost of returning the product shall be borne by the consumer; the Business does not assume payment of these costs.
6.10. When exercising the right of withdrawal, apart from the cost of returning the product, the consumer shall not bear any other costs; however, the Business may claim compensation for material damage resulting from improper use.
6.11. If the consumer withdraws from the contract, the Business shall reimburse all consideration paid by the consumer without delay and at the latest within 14 days from the date of receipt of the consumer’s withdrawal declaration, including the cost of carriage (delivery fee paid), except for additional costs arising because the consumer chose a method of carriage other than the least expensive standard method offered by the Business. The Business shall not be liable for delays in payment resulting from an incorrectly and/or inaccurately provided bank account number or postal address by the consumer.
6.12. In the course of the refund, the Business will use the same method of payment as used in the original transaction unless the consumer expressly consents to another method; the consumer shall not incur any additional costs as a result. The Business is entitled to withhold the refund until the consumer has returned the product or has unambiguously proven that it has been sent back; whichever is earlier.
6.13. Before exercising the right of withdrawal, the consumer may use the products only to the extent necessary to establish their nature, characteristics and functioning. The consumer is liable for any depreciation in value resulting from use beyond this extent. The consumer must pay particular attention to the proper use of the product, as damage arising from improper use shall be borne by the consumer.
6.14. The consumer has no right of withdrawal in respect of non-prefabricated products made on the basis of the consumer’s instructions or at the consumer’s express request, or in respect of products clearly customized to the consumer (e.g., engraving, custom mold manufacturing, inscriptions, etc.). The consumer also cannot exercise the right of withdrawal in the case of a contract for the provision of services after the complete performance of the service, if the business commenced performance with the consumer’s express prior consent and the consumer acknowledged that they would lose the right of termination after complete performance of the service.
Warranty
7.1. Statutory warranty
When can the Customer exercise statutory warranty rights
In case of defective performance by the Business, the Customer may assert a statutory warranty claim against the Business under the rules of the Civil Code.
What rights does the Customer have based on a statutory warranty claim
At the Customer’s option, the following statutory warranty claims may be exercised: the Customer may request repair or replacement, except where the fulfillment of the chosen claim is impossible or would result in disproportionate additional costs for the Business compared to other claims. If the Customer did not or could not request repair or replacement, they may claim a proportionate reduction of the consideration, or the defect may be repaired by the Customer at the Business’s expense or have it repaired by another, or—as a last resort—the Customer may withdraw from the contract. The Customer may switch from the chosen statutory warranty right to another; the cost of switching shall be borne by the Customer unless justified or caused by the Business.
Within what time limit can statutory warranty claims be enforced
In the case of a consumer contract, the Customer may enforce statutory warranty claims within a 2-year limitation period from the date of receipt for product defects that already existed at the time of delivery of the product. After the two-year limitation period, the Customer can no longer enforce statutory warranty rights. The Customer must report the defect immediately after its discovery, but no later than within 2 months from discovery. In contracts not concluded with a consumer, the entitled party may enforce statutory warranty claims within a 1-year limitation period from the date of receipt.
Against whom can statutory warranty claims be enforced
Statutory warranty claims can be enforced against the Business.
What other condition applies to enforcing statutory warranty rights
Within 6 months from performance, aside from reporting the defect, there is no other condition for enforcing the statutory warranty claim if you prove that the product or service was provided by the Business. After six months from performance, you must prove that the defect you identified already existed at the time of performance.
7.2. Product warranty
When can you exercise the product warranty right
In the event of a defect in a movable item (product), the Customer who qualifies as a consumer may, at their choice, enforce either statutory warranty or product warranty claims.
What rights do you have based on a product warranty claim
Under product warranty, you may request only the repair or replacement of the defective product.
When is a product considered defective
A product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not possess the properties described by the manufacturer.
Within what time limit can you enforce product warranty claims
Only the Customer qualifying as a consumer may enforce product warranty claims within two years from the date the product was placed on the market by the manufacturer. After this period, this right is lost.
Against whom and under what other condition can you enforce product warranty claims
Product warranty claims may be enforced only against the manufacturer or distributor of the movable item. In the case of product warranty claims, you must prove the defect of the product.
When is the manufacturer (distributor) exempt from product warranty liability
- the product was not manufactured or placed on the market in the course of its business activities, or
- the defect could not have been recognized at the time of placing the product on the market according to the state of science and technology, or
- the defect of the product results from the application of a law or mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove one ground for exemption.
Please note that you may not enforce statutory warranty and product warranty claims in parallel for the same defect. However, after successful enforcement of a product warranty claim, you may enforce statutory warranty claims against the manufacturer for the replaced product or repaired part.
7.3. If a Customer who does not qualify as a consumer intends to assert against the Business any claim that is available exclusively to Customers who qualify as consumers and thereby causes damage to the Business (including, in particular, legal and administrative costs arising in connection with handling an unjustified claim), the Customer not qualifying as a consumer shall fully reimburse the Business for such damages (including, in particular, the legal and administrative costs incurred in connection with handling the unjustified claim).
8. Limitation of liability
8.1. The Business excludes liability for any damage caused by unlawful or non-contractual activities or omissions of the Customer or a third party.
8.2. For direct damages caused by breach of contract, the Business shall be liable up to the net contractual consideration at most. The Business is not obliged to compensate for damage resulting from delayed performance not attributable to it.
8.3. It shall not constitute a breach of contract if, due to reasons not attributable to either Party (force majeure), either Party is unable to perform its obligations under the contract. Force majeure shall mean unforeseeable and unavoidable circumstances (e.g., war, state of war, strike, epidemic situation, earthquake, flood, fire, terrorist act, state of terrorist threat, industrial accident, impediment of means of transport, embargo, governmental or legal restrictions, malfunction of telecommunications equipment—including networks of telecommunications service providers—etc.) that are beyond the Parties’ control and directly prevent the concerned party from fulfilling its contractual obligations. At the other party’s request, the party affected by force majeure shall provide appropriate certification of the fact of force majeure. In the absence of a contrary written agreement, contractual deadlines shall be extended proportionally by the duration of the force majeure. In the event of force majeure affecting either party, the Parties shall conduct negotiations in order to decide by mutual agreement, depending on the nature of the force majeure, on mitigating damages or, as a last resort, on terminating the contract. If the duration of force majeure exceeds 30 (thirty) calendar days, either party shall be entitled to withdraw from the contract in writing without any adverse legal consequences—particularly without penalty or liability for damages—even if otherwise not entitled under the contract. Before withdrawing from the contract, the Parties shall consult on a possible amendment of the contract. If the consultation does not lead to a result within 10 (ten) working days, the possibility of withdrawal from the contract shall open. The Parties shall notify each other in writing without delay, but no later than within 8 (eight) days, of the threatening or occurring force majeure and its expected duration. The party responsible for delayed notification shall be liable for damage arising from delayed notification of the threatening or occurring force majeure.
8.4. The Business ensures the continuous operability of the website by continuously providing its full functionality and the continuous internet availability of services related to the website by providing the necessary hardware and software background. The Parties consider continuity ensured if the website is properly accessible via the internet during 98% (ninety-eight percent) of any calendar year. The Business shall not be liable for any suspension of the website’s operation if the suspension is caused by force majeure or by the conduct of a third party outside the Business’s control. Suspension due to such reasons shall not constitute breach of any obligation undertaken by the Business regarding availability.
8.5. Due to regular maintenance, under the conditions set out in this sub-point, the Business is entitled to suspend its service. For the purposes of this sub-point, regular maintenance means maintenance activities for keeping the Business’s technical assets in operable condition, ensuring the proper functioning of the website and related services as a result of maintenance. Activities aimed at preventing breakdowns of the equipment necessary for providing the service also fall under regular maintenance. The Business shall take all reasonable steps to ensure that, having regard to the nature of the maintenance work, the service is suspended for the shortest possible time. This shall not constitute a breach of any obligation undertaken by the Business regarding availability.
9. Complaint handling
9.1. The rights defined in this section are available exclusively to consumers.
9.2. The Business’s registered office, place of complaint handling, customer service mailing address, e-mail address and telephone number are set out in Section 1 of the GTC.
9.3. The Customer may communicate an official complaint related directly to the Business’s conduct, activity or omission in connection with the provision of the service only in writing to the Business. The Business shall examine a verbal complaint immediately and, if possible, remedy it immediately. If the Customer does not agree with the handling of the complaint, or immediate investigation of the complaint is not possible, the Business shall promptly record minutes of the complaint and its position thereon and shall provide a copy of the minutes to the Customer in the case of a complaint communicated verbally in person, or send it to the Customer at the latest together with the substantive reply in the case of a complaint communicated by telephone or other electronic communications service.
9.4. The Business shall respond substantively in writing to the written complaint within thirty days of its receipt and send it to the Customer, primarily to the e-mail address provided by the Customer. The Business is obliged to justify its position rejecting the complaint. In the event of rejection of the complaint, the Business shall inform the Customer in writing which authority or the conciliation board proceedings—depending on the nature of the complaint—may be initiated. The mailing address of the competent authority and of the conciliation board according to the Business’s registered office must be provided.
9.5. If a consumer dispute between the Parties is not resolved during negotiations, the Customer has the following enforcement options.
9.6. Complaint to the consumer protection authority: In the case of a legal violation, the consumer may initiate proceedings with the competent government office. The government office competent to conduct the procedure is the one according to the consumer’s domicile or place of residence, or in the absence thereof, mailing address, or the government office in whose territory the unlawful conduct was committed. Contact details of the government offices: https://www.kormanyhivatal.hu/hu/elerhetosegek
9.7. Initiating proceedings of a Conciliation Board: If the Business’s complaint handling activity was not to the consumer’s satisfaction, or the Business rejected the consumer’s complaint, the consumer may request the free procedure of the territorially competent Conciliation Boards. The procedure must be initiated by the client qualifying as a consumer or at the Conciliation Board operated by the county (metropolitan) chamber of commerce competent according to the consumer’s domicile or place of residence, or, in the absence of a domestic domicile or place of residence, at the Conciliation Board operated by the county (metropolitan) chamber of commerce competent according to the Business’s registered office. The procedure is—at the consumer’s request—competent at the conciliation board specified in the consumer’s application. The list and contact details of the county organizations are available, among others, on the page www.bekeltetes.hu.
9.8. Use of the online dispute resolution forum: We inform our Customers about the availability of online dispute resolution. Based on 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 (Consumer ODR Regulation), the European Commission has established an online dispute resolution platform available from 15 February 2016 for consumer disputes between consumers and traders relating to online sales or service contracts, for both consumers and traders. The scope of the Regulation directly extends to traders established in the Union and having their registered office in Hungary involved in online sales or service contracts in relation to which a consumer dispute arises between the trader and the consumer. In the case of a cross-border consumer dispute, the dispute with an EU online shop shall be decided exclusively, in Hungary, by the conciliation board operated by the Budapest Chamber of Commerce and Industry, free of charge and quickly. To use the online dispute resolution platform, you must first register in the European Commission’s system. After registering, you can access the online dispute resolution platform at the following link: http://ec.europa.eu/odr. After the page loads, please select the desired language, log in and follow the instructions on the page.
9.9. The Customer is entitled to enforce claims arising from a consumer dispute 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.
9.10. Name of the conciliation board competent according to the Business’s registered office:
Contact details of the Budapest Conciliation Board:
1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: 1253 Budapest, Pf.: 10.
E-mail: bekelteto.testulet@bkik.hu, onlinevita@bkik.hu
Fax: 06 (1) 488 21 86
Phone: 06 (1) 488 21 31
10. Trademarks and copyrights
10.1. The trademarks appearing on the Business’s website are the exclusive property of the Business or other rights holders. These designations may not be used, distributed or published in any way by third parties without the express prior written approval of the Business or the rights holders.
10.2. The entire website—its graphic elements, text and technical solutions—and the elements of the service are protected by copyright or other intellectual property rights (in particular trademark protection). The Business is the copyright holder of all content displayed on the website interface and in the course of providing the services accessible through the website: any copyrighted work or other intellectual creation (including, among others, all graphics and other materials, the layout of the website interface, editing, the software and other solutions used, ideas, implementation).
10.3. Saving or printing the content of the website, as well as individual parts thereof, to a physical or other data carrier for private use or with the prior written consent of the Business is permitted. Use beyond private use—such as storage in a database, forwarding, making available for publication or download, placing into commercial circulation—is only possible with the prior written permission of the Business.
10.4. Beyond the rights expressly set out in these GTC, neither the use of the website nor any provision of the GTC grants the Customer any right to use or exploit any trade name or trademark displayed on the website interface. Apart from display resulting from the proper use of the website, the temporary reproduction necessary for this, and copying for private use, these intellectual creations may not be used or exploited in any other form without the prior written permission of the Business.
10.5. The Business reserves all rights to all elements of its service, in particular to the domain name of the website, its subdomains, all other domain names reserved by the Business, their subpages, as well as its online advertising spaces. Any activity aimed at listing, organizing, archiving, hacking (cracking) the Business’s database, or reverse engineering its source codes is prohibited, unless expressly permitted by the Business.
10.6. The Business acquires unlimited and exclusive rights of use to the comments, observations, suggestions and ideas communicated by the user in connection with use of the website; however, this does not mean that any entry, comment, etc. reflects the opinion of the Business. The Business is entitled without restriction to use, utilize, transfer, publish, delete or disclose the user’s observations without being obliged to provide any consideration to the user.
Final provisions
11.1. The Business is entitled to involve subcontractors, data processors and other contractual contributors in the performance of this contract.
11.2. The Business is entitled to photograph individually branded products prepared by it under the order and to present them as samples on its website, social media platforms, newsletters or to use them publicly in any other way in connection with promoting its services, unless the Customer expressly requests otherwise.
11.3. Detailed information on data protection is contained in the document titled “Privacy Notice,” which is available in the footer of the website. By confirming the offer, the Customer acknowledges that they have read the contents of the Privacy Notice.
11.4. This document is not filed; it is concluded exclusively in electronic form, does not qualify as a written contract, is written in Hungarian, does not refer to any code of conduct, and the Business has no code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
11.5. The contracts concluded on the basis of these GTC do not include customs and practices developed in the Parties’ previous business relationship. Furthermore, the contracts concluded on the basis of these GTC do not include customs widely known and regularly applied by the subjects of similar contracts in the given business sector. These GTC, the information available on the website, and other information include the entire content of the contract between the Parties.
11.6. If any part of these GTC becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the remaining parts.
11.7. These GTC are effective from the date indicated at the beginning and remain in force until revoked. The Business is entitled to unilaterally amend the GTC. The Business shall publish the amendments on the website 8 (eight) days before their entry into force. By using the website, users accept that all regulations relating to the use of the website automatically apply to them. The amended provisions become effective against the user upon the first use of the website after their entry into force, unless the user objects to the amendments. The amendments to the GTC have no retroactive effect; the amended provisions apply to orders placed after the amendment.
11.8. If the Business does not exercise any right under the GTC, failure to exercise the right shall not be considered a waiver of such right. Any waiver of any right shall only be valid in the case of an express written statement to that effect. The fact that the Business does not insist on strict compliance with any material condition or stipulation of the GTC on one occasion does not mean that it waives the right to insist on strict compliance with the given condition or stipulation in the future.
11.9. Any statements and notifications related to these GTC and the contract concluded between the Parties—including statements regarding the amendment or termination of the contract—may only be validly made in writing. The statement (notification) may be effectively delivered to the other party by personal delivery (against an acknowledgment of receipt), by courier service, or by post as a registered or return-receipt registered item. The date of receipt is the date indicated on the acknowledgment of receipt, on the courier’s receipt sheet, or on the return receipt. The statement shall be deemed received—on the 5th day following posting—even if it could not be actually delivered to the addressee because the addressee refused to accept the statement or did not collect or receive the postal item sent to them, or moved from the notification address recorded in this contract without prior notice to the other party. The Parties accept as written notification—also regarding statements on the amendment or termination of the contract—statements sent to the e-mail addresses provided by the Parties, and for other matters, consultations conducted by e-mail.
11.10. The Parties shall cooperate during the contract negotiations, at the conclusion of the contract, during its existence and also in the event of its termination, and shall inform each other of material circumstances affecting the contract. The Parties shall primarily seek to settle disputes arising from these GTC and the contractual relationship established by their application, as well as other agreements concluded by the Parties, by peaceful means, out of court. If the negotiations between the Parties do not lead to a result, the court competent and having jurisdiction according to the Business’s registered office shall have jurisdiction to adjudicate the legal dispute arising from the contract, unless consumer rules provide otherwise.
11.11. For issues not regulated in these GTC and for the interpretation of these GTC, Hungarian law shall apply, in particular the relevant provisions of Act V of 2013 on the Civil Code (“Ptk.”), Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. Please note that the mandatory provisions of the applicable legislation shall apply to the Parties without specific stipulation.
