1. Introduction

These General Terms and Conditions (hereinafter referred to as the GTC) contain the following. www.spytech.hu website (hereinafter referred to as the "Website"), the terms and conditions of use of the service available on the Website (hereinafter referred to as the "Website") by the User (hereinafter referred to as the "User"). The technical information necessary for the use of the Website, which is not included in these GTC, is provided in the information available on the Website. By using the Website, the User acknowledges and accepts the terms of these GTC.

2. The Service Provider

Name
11 Ocean Ltd
Headquarters
9025 Győr, Simor János Püspök tér 1.
Mailing address
9026 Győr, Rozmaring utca 21.
Company registration number
08-09-028763
Name of registering court
Court of Justice of Győri General Court
Tax number
23589289-2-08
Community tax number
 HU23589289
Financial institution holding the account
KH bank
E-mail address
info[at]spytek.hu
Phone number
+36302530592

3. Activities on the website

In our webshop we sell: headsets and induction loops for mobile phones, cameras for various uses, personal security devices, watch batteries.

4. Terms of use

4.1. Responsibility

The User may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, in addition to liability for breach of contract caused intentionally, by gross negligence or by criminal offence, or for damage to life, limb or health.

The Service Provider excludes all liability for the conduct of the users of the Website and that the User is fully and solely responsible for his/her own conduct.

The User shall ensure that the use of the Website does not infringe, directly or indirectly, the rights of third parties or the law.

The Service Provider has the right, but not the obligation, to check the content (e.g. comments) that may be made available by Users during the use of the website, and the Service Provider has the right, but not the obligation, to look for signs of illegal activity with regard to the published content and assumes no liability for such signs.

4.2. Copyright

The entire website (texts, images, graphics, etc...) is protected by copyright, so copying, modification, distribution for commercial purposes is prohibited!

The brand names, images and model designations on this site are proprietary, belong to the original (OEM) manufacturer and are used for identification purposes only.

5. Shopping on the website

5.1. Ordering process

The website provides product demonstration and online ordering facilities for Users. Users can browse through the website by using the menus. The products are sorted by category. The category "Special offers" contains all the products available in the store. For each product, the start and expiry date of the promotion or the start date and while stocks last are indicated separately.

Click on the category name to see the list of products in that category. If all the products in a category do not fit on a single page, you can scroll through them using the numbers above and below the products. From the product list, the detailed product page can be accessed by clicking on the product name, where you can find detailed information on the features and price of the product you wish to order.

On the website you can search for products by keyword. Product results that match your search criteria are displayed in a list like the categories.

The selected product can be added to the basket by using the basket button, next to the button you can set the required number of items. The user can check the contents of the basket by selecting the basket menu item. Here you can change the quantity of the product you wish to order or delete the item. The Empty Cart button can also be used to completely empty the cart. The User can continue the purchase process by clicking on the Order button. As a second step, it is possible to log in, register or purchase without registration.

In case of registration or purchase without registration, the User must provide the following information: e-mail address, name, telephone number, billing address and, if different, delivery address. To register, in addition to the above information, a password is required. The User will be informed of successful registration by e-mail and on the website. The User may request the cancellation of his/her registration by e-mail to the Service Provider, in which case he/she will have to re-register for a new purchase. The User is responsible for keeping the access data confidential. The User shall be responsible for updating his/her data and shall notify the Service Provider if he/she becomes aware that his/her data has been misused by a third party. In the event of a forgotten password, a new password can be requested on the website to the registered e-mail address. If the User has previously registered on the Website, the order process can be continued by entering his/her e-mail address and password.

As a next step in the ordering process, the User must choose the payment and delivery method that suits him/her. A summary page allows the User to check all the details previously provided and the products and quantities he wishes to order. In the event of data entry errors, they can correct the data provided. If everything is correct, you can finalise your order by clicking on the Submit Order button. You will receive confirmation of this on the website or by e-mail. If, after the order has been confirmed (e.g. in the confirmation e-mail), you discover any incorrect data, you must notify the Service Provider immediately, but no later than within 24 hours.

Regardless of the ordering intention, the User can log in using the Customer Login window or the Login menu item. After logging in, anEdit Data menu will appear, where you can edit the details you entered during registration, as well as track the details and status of your placed order.

No login is required to view prices, anyone can browse our store freely without registration.

We do not currently accept coupons or collect points in our store.

5.2. Binding nature of the offer, confirmation

You will be notified by e-mail of the status of your order placed in the Spytech.hu webshop immediately after the order is placed, but within 48 hours at the latest. You can cancel your order until you have received notification of delivery. The e-mail will contain all the details of the order. Please keep this e-mail until the order is completed.The automatic confirmation e-mail is not a full confirmation. The confirmation will be considered valid upon receipt of the "confirmed" e-mail. If we are unable to deliver the ordered product or if we are able to deliver it at a price different from the price at the time of order, the customer will be informed in any case.

 

An automatic confirmation containing the phrase "ORDER COMPLETED" is not a confirmed order, it only contains the details of the order. We reserve the right to change prices and withdraw from the sale of products at any time!

 

The confirmation e-mail will contain the data provided during the purchase, the order details, the name of the product(s) ordered, the price, the payment and delivery methods chosen, the order serial number, as well as any comments made by the User regarding the order.

The prices shown do not constitute a direct quotation. 11 Ocean Ltd. is not liable for any damages resulting from any errors.

5.3. Establishment of the contract

The contract can be concluded in Hungarian. The placing of the order shall be deemed to be a contract concluded by electronic means, which shall be governed by the provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The contract is subject to the provisions of the Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

In addition to the automatic confirmation e-mail, the Service Provider will send the User a second e-mail ("confirmed" status) within 48 hours, accepting the User's offer, and thus the contract will be concluded upon receipt of the separate e-mail of acceptance of the offer by the Service Provider and not upon receipt of the automatic confirmation e-mail within 48 hours.

If we are unable to deliver the ordered product or if we are unable to deliver it at a different price (due to price increase, stock shortage, stock discontinuation or other reasons), we will inform the User as soon as possible, but within 48 hours at the latest.

5.4. Registration of the contract

A contract concluded via the website does not constitute a written contract, the Service Provider does not file it and it is not accessible subsequently.

5.5. Invoice

The Service Provider issues an electronic invoice, which is always sent to the User electronically.

If the User would like to request a separate invoice for each item, he/she must indicate this in the comment box when making the purchase.

5.6. Payment

A list of the payment methods provided by the website and their detailed description. For example:

  • 5.6.1. Advance payment
    When ordering, you have the option to pay in advance by bank transfer. The order can be delivered after the payment has been received in our account or sent by courier or post.
  • 5.6.2. After the bet
    For home delivery, you can pay the courier the amount of the ordered products in cash.
  • 5.6.3. Cash on the spot
    You can pay the purchase price of the products you order in cash at our dealers if you pick them up in person.
5.7. Pick-up facilities, delivery
  • 5.7.1. courier service
    With this delivery method, your order will be delivered by courier service with the requested delivery method, within 1 working day according to the method chosen. If you place your order by 10:00 and the selected product is in stock, we will deliver it to your courier the same day. Orders received after 10:00 will be processed the next working day. You will be notified electronically by the courier system when your parcel arrives.
    Transport costs

    Courier service 1 working day

    • 0 - 2kg 2.000 Ft
    • 2 - 5kg 4.000 Ft

    Charges for cash on delivery

    • Up to HUF 50 000 HUF 1.000
    • Over HUF 50 000 HUF 1.500
  • 5.7.2. Courier service
    In the case of courier delivery, if you place your order before 10:00, we will try to fulfil the order and deliver it to our courier on the same day, orders placed after 10:00 will be processed and delivered to our courier on the next working day at the earliest if the product is in stock, otherwise the delivery time will be as indicated in the product details, if we cannot guarantee delivery time, we will notify you. Your order will be delivered by the Courier Service on the working day following dispatch between 8am and 5pm.

    No delivery is possible on weekends, public holidays and public holidays.

    The User may also specify his/her work address as the delivery address for the receipt of the goods.

    The dispatch of the package will be notified by e-mail, which will include the package number of the User's order.

    The User can check the current status of his/her parcel by clicking on the parcel number or by copying the parcel number on https://www.17track.net/hu.

    It is possible to change the delivery time by contacting the courier service at the central number or by e-mail.

    If the courier does not find the User or his/her authorised representative at the delivery address, he/she will leave a notification with the contact details and will try to deliver the package again the next working day.

    Upon receipt of the product, the User must check that the product is undamaged. If the User notices any damage to the packaging or the product, the User may request the courier to take a report, because the receipt of the product from the courier and the signing of the document confirming receipt of the product constitutes the acceptance of the quantity and quality of the product, which means that after receipt, the User may only exercise his right of withdrawal, therefore, the Service Provider is not able to accept any subsequent complaints regarding quantity and quality after the departure of the person who made the delivery.

    If the packaging or the product is visibly damaged at the time of receipt and the damage occurred before the receipt of the goods, the Service Provider will provide the return or replacement of the product free of charge. The Service Provider shall not be liable for any damage discovered after receipt!

    Transport costs

    Express One package fee

    • Up to 2kg unit price 2.000 Ft
    • Above 2kg individual rate 2-5000 Ft

    Charges for cash on delivery

    • Up to 50 000 HUF +1000 HUF
    • Over 50 000 HUF +1500 HUF
5.7.4. Delivery times
  • In stock
    If the product you wish to order is in stock, the delivery time is 1 working day.
  • To order

    The products we receive on order are usually imports, i.e. products from abroad. The 5-8 working day lead time is for information only, if our supplier does not have the product in stock, the lead time may be longer, and due to changing exchange rates, the price of the product may vary! If we are unable to deliver the product or if we can deliver it at a different price than the one ordered, we will always inform you.

    Unless otherwise agreed, the Service Provider is obliged to provide (deliver) the product to the Consumer without delay after the conclusion of the contract, but no later than within thirty days. In the event of a delay on the part of the Supplier, the Consumer shall be entitled to set a grace period. If the Supplier does not perform within the grace period, the Consumer shall be entitled to withdraw from the contract. The Consumer shall have the right to withdraw from the contract without notice if the Service Provider has refused to perform the contract or if the contract should have been performed at the time agreed for performance and not at any other time, by agreement between the parties or by reason of the apparent purpose of the service.

6. GENERAL PROVISIONS

1. Scope

1. § (1) *  This Regulation shall apply to contracts concluded between a consumer and a business (hereinafter 'consumer contracts') where the consumer pays or agrees to pay for the goods. This Regulation shall apply to contracts for the supply of water, gas, electricity or district heating, whether or not by a public supplier, where those goods are supplied under a contract.

(1a) *  This Regulation should also apply where the undertaking provides digital content or a digital service recorded on a tangible medium or undertakes to provide a service and the consumer provides personal data or undertakes to provide such data to the undertaking, unless the personal data provided by the consumer are processed by the undertaking solely for the purpose of enabling the provision of digital content or a digital service recorded on a tangible medium in accordance with Directive 2011/83/EU of the European Parliament and of the Council or to enable the undertaking to comply with legal requirements applicable to it and the trader does not process those data for any other purpose.

(2) This Regulation lays down certain rules on the information and performance of consumer contracts, as well as detailed rules on the conclusion of the contract and the right of withdrawal and termination in the case of distance and off-premises contracts.

(3) This Regulation shall apply unless otherwise provided for in a general act of the European Union of direct applicability or in a legislative act transposing a legally binding act of the European Union.

(4) The provisions of this Regulation may be derogated from by agreement between the parties for the benefit of the consumer.

§ 2 The Regulation shall not apply to:

a) social services under the Act on Social Administration and Social Benefits;

b) basic child welfare services and specialised child protection services under the Act on the Protection of Children and Guardianship Administration;

c) a contract for health care under the Health Care Act;

d) a contract relating to gambling under the Act on the organisation of gambling;

e) a contract relating to financial services;

f) a contract for the acquisition or transfer of ownership of immovable property, except for contracts for real estate brokerage under the Act on Certain Rules for the Lease and Disposal of Dwellings and Premises and for real estate property valuation and brokerage;

(g) a works contract for the construction of a new building or for the substantial alteration of an existing building, part of a building, a single use or a room;

(h) a contract for the letting of residential premises for residential purposes, except for contracts for real estate agency activities under the Act on Certain Rules for the Letting and Disposal of Dwellings and Premises and for real estate valuation and agency activities;

i) *  travel service contracts, in particular travel package and travel service package contracts, unless otherwise provided for in Government Decree 472/2017 (XII. 28.) on travel service contracts;

j) a contract covered by the Government Decree on timeshare contracts, long-term holiday product contracts and long-term accommodation services;

(k) a notarially authenticated contract;

(l) a contract for the frequent and regular supply of foodstuffs and other products for everyday consumption to the consumer's place of residence, domicile or place of work;

(m) a contract concluded by means of a vending machine or automated shop;

(n) a contract concluded with an electronic communications service provider for the use of a public telephone exchange for the purpose of using it or for the one-time use of a telephone, Internet or fax connection;

o) *  goods sold under enforcement proceedings or other official measures.

3. § *  Only § 6, § 7 and § 15(1) and (2) shall apply to contracts relating to passenger transport services under the Passenger Transport Services Act and to passenger transport by air under the Air Transport Act and to passenger transport by water under the Act on the Conditions of Carriage of Passengers by Water.

2. Interpretative provisions

§ 4 For the purposes of this Regulation:

1. *  digital content: data produced or delivered in digital form;

2. consumer: consumer as defined in the Civil Code;

3. *  ancillary contract: a consumer contract for the sale of other goods or the provision of services related to a distance or off-premises contract, which is provided by the undertaking or by a third party on the basis of an agreement with the undertaking;

4. major alteration: any of the following construction activities carried out in order to extend, demolish or convert an existing building, part of a building, a single use or a room

(a) construction activities subject to a procedure by a building authority, building control authority or heritage protection authority in accordance with specific legislation;

(b) in the construction activity not covered by point (a), an activity involving the retrofitting of thermal insulation to all building facade surfaces, the replacement of all façade glazing, the colouring of all façade surfaces and the change of the formation of an entire façade surface; or

(c) construction activity involving a change in the layout of at least 50% of the building in a construction activity not covered by (a);

5. *  warranty: according to the Civil Code,

(a) a guarantee for the performance of the contract which the undertaking voluntarily assumes for the proper performance of the contract, in addition to its statutory obligation or in the absence thereof; and

b) the mandatory legal guarantee;

6. public auction: a method of sale whereby an undertaking makes an offer to conclude a contract by means of a transparent, competitive bidding procedure conducted by the auctioneer to consumers who attend the auction in person or are given the opportunity to do so, and where the successful bidder undertakes to conclude the contract as set out in the offer. The use of an internet auction website made available to consumers and businesses for the purpose of an auction shall not be considered as a public auction;

7. financial services: the activities of entities or persons performing activities supervised by the Magyar Nemzeti Bank acting in its capacity as the supervisory authority of the financial intermediary system;

8. *  contract for the provision of a service: any contract other than a sales contract under which a business provides or undertakes to provide a service to a consumer, including digital services;

(9) 'durable medium' means a device which enables the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the stored data in an unaltered form and content. Such media include in particular paper, USB key, CD-ROM, DVD, memory card, computer hard disk and electronic mail;

10. *  distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication to conclude the contract;

11. means for communication in absentia: a device capable of making a contractual statement in the absence of the parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in the press, catalogues, telephones, faxes and Internet access devices;

12. *  Goods:

(a) movable property, including water, gas and electricity put up in containers, cylinders or other limited quantities or capacities, and

(b) movable tangible property that incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions (hereinafter "goods containing digital elements");

13. business premises:

a) any property where the enterprise carries on its activities on a permanent basis;

b) any movable property where the enterprise carries on its business in the normal course of its activities;

14. off-premises contract: a consumer contract,

(a) concluded with the simultaneous physical presence of the contracting parties at a place other than the place of business of the undertaking;

(b) for which the consumer has made an offer to the trader in the circumstances set out in point (a);

(c) concluded at the premises of the undertaking or by means of a means of distance communication immediately after the undertaking has made personal and individual contact with the consumer at a place other than the premises of the undertaking, with the simultaneous physical presence of the parties; or

d) *  concluded during a trip organised by the undertaking for the purpose of selling or promoting goods or services to consumers;

15. undertaking: undertaking as defined in the Civil Code;

16. *  Personal data: any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

17. *  digital service:

(a) a service that enables the consumer to create, manage, store or access digital data; or

(b) a service that allows the sharing of or other interaction with digital data uploaded or created by the consumer and other recipients of the service;

18. *  online market: the term as defined in Section 2(k) of Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (hereinafter: Fttv.);

19. *  online marketplace provider: any business that provides an online marketplace for consumers;

20. *  Compatibility: the ability of digital content or digital services to work with hardware or software with which the same type of digital content or digital services are commonly used, without the need to modify the digital content or digital services;

21. *  Functionality: the ability of digital content or digital services to perform the functions for which they are intended;

22. *  interoperability: the ability of digital content or digital services to work with hardware and software that is different from that with which the same type of digital content or digital services are normally used.

§ 5 For the purposes of this Regulation

a) *  a contract for the sale of goods is also a contract for the supply of services for consideration, under which the business is also obliged to transfer ownership of the goods;

b) sales at fairs, markets and public places are not considered off-premises contracts.

 

COMMON RULES FOR CONSUMER CONTRACTS

3. Rules on post-contractual telephone contact and payment instrument usage fees

6. § *  If the undertaking provides telephone services for post-contractual contact, the undertaking shall ensure that the consumer contacting it is not charged for the call in addition to the charges set by the electronic communications service provider for the calling party in the subscription contract. Telephone customer services shall not be operated on a premium rate basis. This provision shall not affect the right of the electronic communications service provider to charge for calls.

Section 7 (1) An undertaking may not charge a fee for the use of a given payment method in excess of the costs incurred by it in connection with the payment method.

(2) Paragraph (1) shall be without prejudice to provisions of law which prohibit the charging of a fee or other payment obligation for the use of a particular payment method.

4. Unsolicited sales

8. § (1) *  A business may not require the consumer to pay for goods or services for which no contract has been concluded.

(2) Even in the absence of a consumer's statement, there shall be no presumption of acceptance - implied - of the undertaking's offer.

4/A. *  Payment of additional amounts

8/A. § *  In particular, a contractual term entitling the trader to claim additional money over and above the consideration due for the performance of his main contractual obligation cannot be regarded as expressly accepted by the consumer if the trader uses a default option (pre-filled field) which the consumer would have to reject in order to avoid paying the additional amount. In this case, the trader is obliged to refund the amount paid to the consumer.

4/B. *  Rules applicable to consumer sales

8/B. § *  (1) If the time of performance of a consumer sales contract is essential having regard to all the circumstances connected with the conclusion of the contract, or if the consumer has informed the trader of its essential nature before the conclusion of the contract, the contract shall be regarded as having been intended to be performed at the specified time of performance and not at any other time, and the consumer shall be entitled to withdraw from it without notice.

(2) If the consumer has the right to withdraw from the contract without notice and exercises his right of withdrawal, the trader shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, without delay and at the latest within fourteen days of becoming aware of the withdrawal.

CHAPTER III

RULES ON OFF-PREMISES CONTRACTS OTHER THAN CONTRACTS CONCLUDED IN THE ABSENCE OF THE PERSON CONCERNED

5. Pre-contractual information

Article 9 (1) In the case of a contract other than an off-premises contract concluded at a distance, the business shall inform the consumer in a clear and comprehensible manner before the consumer makes his contractual statement

a) *  the essential characteristics of the contract goods or services, to the extent appropriate to the medium and the goods or services;

(b) the name of the undertaking, the postal address of its registered office and, if it has one, its telephone number and e-mail address;

c) *  the total amount of the consideration due for the goods or services under the contract, plus tax, or, where the nature of the goods or services does not allow the consideration to be reasonably calculated in advance, the method of calculating it, and any additional costs (in particular freight and postage) or, where these costs cannot be reasonably calculated in advance, the fact that additional costs may be incurred;

(d) the conditions of performance, in particular payment, carriage and time for performance, and the undertaking's complaints handling;

e) *  the existence of a legal obligation to guarantee the conformity of the goods, digital content and digital services with the product warranty, the accessory warranty and, where applicable, the existence and conditions of after-sales services and warranty;

(f) the duration of the contract in the case of a fixed-term contract, and the conditions of termination of the contract in the case of a contract of indefinite duration;

(g) in the case of a contract of limited duration which may be converted into a contract of indefinite duration, the conditions of conversion and the conditions for terminating the contract so converted into a contract of indefinite duration;

h) *  the functioning of goods, digital content and digital services containing digital elements and the applicable technical protection measure;

i) *  the compatibility and interoperability of any relevant goods, digital content and digital services containing digital elements, to the best of the knowledge reasonably expected of the undertaking;

j) *  the possibility to apply to the conciliation body, the name of the conciliation body and the postal address of its seat.

(2) The undertaking shall not be under an obligation to provide the information referred to in paragraph (1) in respect of information which is obvious in the circumstances.

(3) The information referred to in point (e) of paragraph 1 shall be provided by the undertaking using the terms 'implied warranty', 'product warranty' and 'guarantee' in a precise and appropriate manner, in such a way that the difference between the meanings of these terms is clear and unambiguous for the consumer. This information may also be provided by means of the model information document set out in Annex 3.

Section 10 Section 9 shall not apply to a minor contract for the provision of the ordinary necessities of everyday life which is performed at the time of the conclusion of the contract.

CHAPTER IV

SPECIAL RULES FOR OFF-PREMISES AND DISTANCE CONTRACTS

6. Pre-contractual information

Article 11 (1) Before concluding an off-premises contract and a contract concluded at a distance, the undertaking shall inform the consumer in a clear and comprehensible manner of.

a) *  the essential characteristics of the contract goods or services, to the extent appropriate to the medium and the goods or services;

b) the name of the undertaking;

c) *  the postal address, telephone number and electronic mail address of the trader's head office and information if the trader also provides contact details for other online communication facilities that allow the consumer to store the data on a durable medium (including the date and time of correspondence), as well as the name, postal address and identification details of the trader on whose behalf he is acting;

(d) the postal address of the place of business of the undertaking and the postal address of the undertaking on whose behalf the consumer is acting to which the consumer may address his complaints, if this address is different from the address provided under point (c);

 

e) *  the total amount of the consideration due for the goods or services under the contract, plus tax, or, where the nature of the goods or services does not allow the consideration to be reasonably calculated in advance, the method of calculating it, and any additional costs (in particular freight or postage) or, where such costs cannot be reasonably calculated in advance, the fact that additional costs may be incurred;

(f) in the case of a contract of indefinite duration or a contract including a subscription, that the total amount of the consideration includes all the costs relating to the billing period. Where such a contract is a flat-rate contract, that the total amount of consideration is the total monthly cost. Where it is not possible to calculate all the costs in advance, the consumer shall be informed of the method of calculating the amount of the consideration;

g) *  the charge for the use of a device used for the conclusion of the contract which enables communication at a distance, if the consumer is charged an additional fee in addition to the fee set by the electronic communications service provider for the calling party in the subscription contract, or if the telephone call or message is made using a premium rate service;

(h) the conditions of performance, in particular payment, carriage and delivery times, and the undertaking's complaints handling;

i) the time limit and other conditions for exercising the right under Article 20 (in particular the conditions set out in Article 22), and the model declaration in accordance with Annex 2;

j) *  that the cost of returning the goods must be borne by the consumer when exercising the right under section 20, if the business has not undertaken to bear this cost and, in the case of a distance contract, the goods cannot be returned by post;

(k) that the consumer is liable to reimburse the reasonable costs of the undertaking under section 26 if he exercises his right of termination under section 20 after the performance has begun in the case of section 13 or 19;

l) if the consumer is not entitled to the right under Article 20 pursuant to Article 29, and the circumstances in which the consumer loses the right under Article 20;

(m) the legal obligations concerning the warranty of accessories and the product warranty;

(n) the existence and conditions of after-sales services and other after-sales services and guarantees;

o) whether a code of conduct is available under the Unfair Commercial Practices Act and how to request a copy of the code of conduct;

p) *  where applicable, the duration of the contract and, if the contract is for an indefinite period or if the contract is renewed for a fixed term or becomes indefinite after the expiry of the fixed term, the conditions for terminating the contract;

q) *  if the consideration for the contract goods or services is personalised for the consumer on the basis of automated decision-making;

r) the shortest duration of the consumer's obligations under the contract;

(s) the provision of a deposit or other financial guarantee to be paid or guaranteed by the consumer at the request of the undertaking and the conditions under which it is to be provided;

t) *  the functioning of goods, digital content and digital services containing digital elements and the technical protection measure to be applied;

u) *  the compatibility and interoperability of any relevant goods, digital content and digital services containing digital elements, to the best of the knowledge reasonably expected of the undertaking;

(v) the possibility of having recourse to an out-of-court complaint handling and dispute settlement mechanism which is compulsory for the undertaking by law or by decision of the undertaking, and how to access it;

w) *  the possibility to apply to the conciliation body, the name of the conciliation body and the postal address of its seat.

(2) If the undertaking has not complied with the information requirements for all additional costs set out in points (e) and (f) of paragraph 1 or the costs set out in point (j) of paragraph 1, the consumer shall not be obliged to pay those costs.

(3) In the case of a public auction, instead of the particulars of the undertaking specified in points (b), (c) and (d) of paragraph 1, the same particulars of the auctioning undertaking may be given.

(4) The information referred to in points (i), (j) and (k) of paragraph 1 may be provided by completing the model information document set out in Annex 1.

(5) The business shall provide the information on the warranty referred to in paragraph (1)(m) and in paragraph (n) using the terms 'implied warranty', 'product warranty' and 'warranty' in a clear and appropriate manner, so that the difference between the meanings of these terms is clear and unambiguous to the consumer. This information may be provided by means of the model information document set out in Annex 3.

(6) The information referred to in paragraph (1) shall form part of the contract and may not be amended unless the contracting parties expressly agree otherwise.

(7) The burden of proving compliance with the obligation to provide information specified in this § shall lie with the undertaking.

6/A. *  Specific additional information requirements for contracts concluded on online marketplaces

11/A. § *  In the case of a contract concluded with an online marketplace service provider, before the consumer is bound by the contract or offer, the online marketplace service provider shall, without prejudice to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, inform the consumer in a clear and comprehensible manner, in accordance with the means of distance communication used

a) general information, provided directly and easily accessible in a separate section of the online interface on the page presenting the offers, on the main parameters determining the ranking of the offers displayed to the consumer as a result of his search query, as defined in Article 2(j) of the Fttv. and the importance of these parameters in relation to other parameters

(b) whether the third party offering goods, services or digital content is an undertaking, on the basis of a declaration made by the third party to the online marketplace service provider;

(c) that if the third party offering the goods, services or digital content is not a business, the contract is not a consumer contract and the consumer does not have consumer rights;

(d) how the contractual obligations are shared between the third party offering goods, services or digital content and the online marketplace service provider and that this does not affect the contractual obligations of the online marketplace service provider or the third party undertaking.

7. Formal requirements for the conclusion of an off-premises contract

Section 12 (1) In the case of an off-premises contract, the undertaking shall provide the information required under Section 11 (1) to the consumer on paper or, with the consumer's consent, on another durable medium. Information provided on a durable medium shall be provided to the consumer in a legible form and in clear and plain language.

(2) After the conclusion of the contract, the trader shall provide the consumer with a copy of the signed contract or confirm the conclusion of the contract on paper or, if the consumer agrees, on another durable medium. The acknowledgement shall include the consumer's declaration made in accordance with point (m) of Article 29(1).

(3) In the case of an off-premises contract where the consumer has expressly requested the repair or maintenance services of the business and the contracting parties immediately perform their contractual obligations, provided that the amount payable by the consumer does not exceed two hundred euros in forints at the official mid-rate of exchange of the Bank of Hungary on the date of the provision of the information.

a) the undertaking shall communicate to the consumer, on paper or, with the consumer's consent, on another durable medium, the information provided for in points (b) and (c) of paragraph (1) of Article 11, as well as the total amount of the consideration or the method of calculating it, together with an estimate of the total amount;

(b) the trader provides the consumer with the information provided for in points (a), (i) and (l) of paragraph (1) of Article 11, but is not obliged to provide it on paper or on another durable medium on the basis of the consumer's express consent; and

c) the confirmation of the conclusion of the contract shall contain the information provided for in paragraph (1) of Article 11.

13. § *  (1) The consumer shall expressly communicate to the trader, on a durable medium, his request that the trader commence performance of the contract for the provision of the service before the expiry of the time limit specified in paragraph (2) of Article 20.

(2) In the case referred to in paragraph (1), the consumer must declare that he acknowledges that he may not exercise his right of withdrawal under Article 20 after the service has been provided in its entirety.

8. Formal requirements for the conclusion of a contract between absent persons

Section 14 In the case of a distance contract, the undertaking shall communicate the information required under Section 11 (1) to the consumer in clear and plain language or make it available to the consumer by means of the means of distance communication used. The information provided on a durable medium shall be legible.

15. § (1) *  Where a distance contract concluded by electronic means imposes a payment obligation on the consumer, the undertaking shall draw the consumer's attention, in a clear and prominent manner, immediately before the consumer makes his contractual statement, to the information specified in points (a), (e), (f), (p) and (r) of paragraph 11(1).

(2) In the case provided for in paragraph (1), the trader shall ensure that the consumer expressly acknowledges, when making his contractual statement, that his statement entails an obligation to pay. Where the making of the declaration involves the activation of a button or a similar function, the button or similar function shall be clearly labelled in an easily legible manner with an order with payment obligation or a clearly worded equivalent indicating that the making of the contractual declaration entails a payment obligation for the benefit of the undertaking. If the undertaking has not complied with the obligation laid down in this paragraph, the contract shall be null and void. The nullity may be invoked only in the interest of the consumer.

(3) An undertaking with a commercial website shall clearly and legibly indicate any restrictions on carriage and the accepted methods of payment at the latest when making the consumer's contractual offer.

16. § *  If the contract is concluded using a means of distance communication on which there is limited space or time for displaying the information, the undertaking shall, before concluding such a contract, communicate at least the information required under points a), b), e), f), i) and p) of paragraph 1(1) of Article 11 by means of a means of distance communication, with the exception of the model withdrawal notice referred to in point i) of paragraph 1(1) of Article 11 in accordance with Annex 2. The information referred to in Article 11(1), including the model withdrawal declaration in accordance with Annex 2, shall be made available to the consumer by the undertaking in accordance with Article 14.

Section 17 If the undertaking initiates the conclusion of a distance contract by telephone, it shall inform the consumer, at the beginning of the telephone call, of the name of the undertaking or the name of the undertaking on whose behalf it is calling and of the fact that the telephone call is intended to conclude a contract. This § does not affect the obligation of the undertaking under § 16.

18. § *  Following the conclusion of a distance contract, the business shall provide the consumer with a confirmation of the concluded contract on a durable medium within a reasonable period of time, but no later than the time of delivery in the case of a contract for the sale of goods or the time of the beginning of the performance of the service in the case of a contract for the provision of services. The confirmation shall include

a) the information specified in paragraph (1) of Article 11, unless the business has already provided it to the consumer on a durable medium before the conclusion of the contract; and

(b) if the consumer has made a declaration under point (m) of Article 29, the confirmation to that effect.

19. § *  (1) The consumer shall expressly notify the trader of his request that the trader commence performance of the contract for the provision of the service before the expiry of the time limit set out in paragraph (2) of Article 20.

(2) In the case referred to in paragraph (1), the consumer must declare that he acknowledges that he may not exercise his right of withdrawal under Article 20 after the service has been provided in its entirety.

7. Right of withdrawal

7.1. Procedure for exercising the right of withdrawal

All Users who purchase their order through our webshop by courier service within 14 days of receipt have the right of withdrawal in accordance with Government Decree 45/2014 (26.II.):

Section 20 (1) In the case of an off-premises contract concluded between absentees, the consumer shall have the right of withdrawal without giving reasons within the period specified in paragraph (2). In the case of an off-premises and distance contract for the provision of a service, if performance begins after a declaration has been made in accordance with section 13 or 19, the consumer shall have the right to withdraw without giving reasons within the period specified in paragraph (2). The consumer may not use the goods once he decides that he no longer needs them. He is obliged to preserve its condition so that he can return it to the trader in the best possible condition, since the consumer is liable to the seller for any loss of value resulting from use beyond the extent necessary to ascertain the product's characteristics and functioning, and must reimburse him for it!

(2) The consumer may exercise his right of withdrawal or termination under paragraph 1

a) in the case of a contract for the sale of goods

aa) the product,

ab) in the case of the sale of several products, if the supply of each product takes place at different times, the last product supplied,

(ac) in the case of a product consisting of several lots or pieces, the last lot or piece supplied,

ad) if the product is to be supplied regularly within a specified period, the first service,

the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer;

b) in the case of a contract for the provision of services, from the date of conclusion of the contract

within fourteen days of the date of the request.

(3) Paragraph (2)(a) shall not affect the consumer's right to exercise his right of withdrawal under this Section during the period between the date of conclusion of the contract and the date of receipt of the goods.

§ 22 (1) The consumer shall exercise the right granted in § 20.

(a) using the model declaration set out in Annex 2; or

b) by means of a clear declaration to that effect

can exercise.

(2) An undertaking may also provide the consumer with the right under paragraph (1) set out in Article 20 on its Internet website. In this case, the undertaking shall acknowledge receipt of the consumer's statement on a durable medium without delay.

(3) The right provided for in Section 20 shall be deemed to have been exercised within the time limit if the consumer sends his declaration before the expiry of the time limit provided for in Section 20 (2) or Section 21.

(4) The burden of proving that the consumer has exercised the right set out in § 20 in accordance with this § shall lie with the consumer.

Article 23 (1) If the consumer withdraws from an off-premises or distance contract concluded in accordance with Article 22, the undertaking shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, without undue delay, but no later than fourteen days from the date of becoming aware of the withdrawal.

(2) In the event of withdrawal or termination in accordance with Article 22, the undertaking shall refund the amount refunded to the consumer in the same way as the consumer used the payment method. Subject to the consumer's express consent, the undertaking may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result.

(3) If the consumer expressly opts for a mode of transport other than the least costly usual mode of transport, the undertaking shall not be obliged to reimburse the additional costs resulting therefrom.

(4) In the case of a contract for the sale of goods, the business may retain the amount specified in paragraph (1) until the consumer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. The trader shall not have the right of retention if he has undertaken to return the goods himself.

Exercise of the consumer's right of withdrawal or termination

§ 22 (1) The consumer shall exercise the right granted in § 20.

(a) using the model declaration set out in Annex 2; or

b) by means of a clear declaration to that effect

can exercise.

(2) An undertaking may also provide the consumer with the right under paragraph (1) set out in Article 20 on its Internet website. In this case, the undertaking shall acknowledge receipt of the consumer's statement on a durable medium without delay.

(3) The right provided for in Section 20 shall be deemed to have been exercised within the time limit if the consumer sends his declaration before the expiry of the time limit provided for in Section 20 (2) or Section 21.

(4) The burden of proving that the consumer has exercised the right set out in § 20 in accordance with this § shall lie with the consumer.

Obligations of the business in the event of withdrawal or termination by the consumer

Article 23 (1) If the consumer withdraws from an off-premises or distance contract concluded in accordance with Article 22, the undertaking shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, without undue delay, but no later than fourteen days from the date of becoming aware of the withdrawal.

(2) In the event of withdrawal or termination in accordance with Article 22, the undertaking shall refund the amount refunded to the consumer in the same way as the consumer used the payment method. Subject to the consumer's express consent, the undertaking may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result.

(3) If the consumer expressly opts for a mode of transport other than the least costly usual mode of transport, the undertaking shall not be obliged to reimburse the additional costs resulting therefrom.

(4) *  In the case of a contract for the sale of goods, the business may retain the amount specified in paragraph 1 until the consumer has returned the goods or proved beyond reasonable doubt that he has returned them, whichever is the earlier. The trader shall not be entitled to retain the goods if he has undertaken to return them himself.

(5) *  With regard to the processing of the consumer's personal data, the company shall comply with its obligations under 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 (General Data Protection Regulation).

(6) *  The business shall refrain from using any content other than personal data generated by the consumer when using digital content or digital services provided or created by the business, unless such content

a) not be used in connection with digital content or digital services provided by the business,

(b) relates solely to the consumer's activity when using the digital content or digital service provided by the undertaking,

(c) has been aggregated by the undertaking with other data and cannot or could only be disaggregated with disproportionate effort; or

(d) has been produced by the consumer in association with other persons and may continue to be used by other consumers.

(7) *  Except as provided for in points (a), (b) or (c) of paragraph 6, the undertaking shall make available to the consumer, at the consumer's request, any content other than personal data which the consumer has provided or created when using digital content or digital services provided by the undertaking.

(8) *  The consumer has the right to download digital content free of charge, without restriction, within a reasonable time, in a commonly used and machine-readable format.

(9) *  In the event of withdrawal from the contract, the undertaking may, without prejudice to paragraph 7, prevent the consumer from continuing to use the digital content and the digital service, in particular by making the digital content and the digital service inaccessible to the consumer or by blocking the consumer's user account.

In the event of withdrawal or termination of the consumer's obligations

Section 24 (1) If the consumer withdraws from an off-premises or distance contract in accordance with Section 22, he shall return the goods without delay, but not later than fourteen days from the date of the withdrawal, or hand them over to the trader or to a person authorised by the trader to take delivery of the goods, unless the trader has undertaken to return the goods himself. The return shall be deemed to have been effected in time if the consumer sends the goods before the expiry of the time limit.

(2) The consumer bears only the direct cost of returning the product, unless the business has agreed to bear this cost.

(3) If the goods have been delivered to the consumer at the same time as the off-premises contract is concluded, the trader shall return the goods at his own expense if, by their nature, they cannot be returned by post.

Article 25 The consumer is liable only for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product. The consumer shall not be liable for depreciation if the business has failed to comply with its obligation to provide the information provided for in point (i) of Article 11(1).

Article 26 (1) If, in a case under Article 13 or Article 19, the consumer terminates the off-premises or distance contract after the performance has begun, the amount to be paid by the consumer in the settlement of the account shall be calculated on the basis of the total amount of the consideration agreed in the contract plus tax. However, if the consumer proves that the total amount is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.

(2) For the purposes of this Section, the market value shall be determined by taking into account the consideration of the value of the same service provided by undertakings performing the same activity at the time of the conclusion of the contract.

Article 27 The consumer shall not bear the following costs when exercising his right under Article 20:

(a) the full or partial cost of performance of the contract for the provision of the service, if

aa) the undertaking has not complied with the information obligation provided for in points (i) or (k) of paragraph (1) of Article 11, or

ab) the consumer has not requested the commencement of the performance of the service in accordance with Articles 13 and 19 before the expiry of the time limit set out in Article 20(2);

(b) all or part of the cost of providing digital content on a tangible medium, where

(ba) the consumer has not given his or her express prior consent to the performance of the contract before the expiry of the time limit specified in paragraph (2) of Article 20,

bb) the consumer has not, at the same time as giving his consent under point (ba), acknowledged that his consent will result in the loss of his rights under Article 20; or

bc) the undertaking has failed to provide the confirmation required under Article 12(2) or Article 18.

Article 28 The consumer shall not be subject to any additional costs or other obligations in connection with the exercise of his right under Article 20, in addition to those set out in Article 23 (3) and Articles 24-26.

Exceptions to the consumer's right of withdrawal and termination

§ 29 (1) The consumer may not exercise the right under § 20.

Association of Consumer Protection in Hungary

(a) in the case of a contract for the provision of a service, after the service has been wholly performed, if the undertaking has begun performance with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the service has been wholly performed;

b) in respect of a product or service whose price or charge is subject to fluctuations in the financial market which cannot be influenced by the undertaking and which are possible even during the period specified in paragraph (2) of Article 20;

(c) in the case of a product which is not a prefabricated product, which has been manufactured on the instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer;

(d) in respect of perishable products or products which will keep their quality for a short period;

(e) in respect of a sealed product which, for health or hygiene reasons, cannot be returned after opening after delivery. Such a product is for example: deep ear canal earphones (miniature earphones marketed under the fancy names micro, nano, piko, etc.);

(f) in respect of a product which, by its nature, is inseparably mixed with other products after the transfer;

(g) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations in a manner beyond the undertaking's control and the price of which has been agreed between the parties at the time of conclusion of the sales contract, but the contract is not performed until thirty days after the conclusion of the contract;

(h) in the case of a contract for the provision of services where the undertaking, at the express request of the consumer, visits the consumer to carry out urgent repair or maintenance work;

i) for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;

j) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;

k) for contracts concluded by public auction;

(l) in the case of a contract for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of services for residential purposes, where a deadline or period for performance has been fixed in the contract;

m) in respect of digital content provided on a non-tangible medium, if the undertaking has commenced performance with the consumer's express prior consent and the consumer has, at the same time as giving such consent, declared that he/she acknowledges that he/she loses his/her right under Article 20 once performance has commenced.

n) The nature, characteristics and functioning of the product
in the case of use exceeding the use necessary to establish.

(2) In the case specified in point (h) of paragraph (1), the right under Article 20 shall extend to services or products offered in addition to those expressly requested by the consumer and to replacement parts used to carry out the maintenance or repair.

Effect of withdrawal or termination on ancillary contracts

Section 30 (1) If an off-premises contract or a distance contract is accompanied by an ancillary contract, the exercise of the consumer's right under Section 20 shall also terminate or cancel the ancillary contract.

(2) The consumer shall not be liable to compensate the business for any loss resulting from the termination or cancellation of the ancillary contract, and no other costs may be claimed from the consumer in connection with the termination or cancellation of the contract, except in the cases provided for in Article 23(3) and Articles 24 to 26.

(3) The undertaking must notify the third party contracting party to the ancillary contract of the consumer's withdrawal or termination without delay.

PROCEDURE IN CASE OF BREACHES OF INFORMATION AND FORMAL REQUIREMENTS FOR THE CONCLUSION OF A CONTRACT AND OF THE RULES ON POST-CONTRACTUAL TELEPHONE CONTACT

Article 31 (1) In the event of a breach of the provisions of Article 9, Article 11 (1), (3) to (5) and (7), Article 12 (1) and (3), Articles 14 to 17 and Article 18 a), the authority specified in the Act on the Prohibition of Unfair Commercial Practices against Consumers shall act in accordance with the rules specified therein.

(2) In the event of a breach of the provisions of Article 6, the consumer protection authority shall act in accordance with the rules laid down in the Consumer Protection Act.

(3) The provisions referred to in paragraphs (1) and (2) are consumer protection provisions for the purposes of the Consumer Protection Act.

FINAL PROVISIONS

Article 32 This Regulation shall enter into force on 13 June 2014 and its provisions shall apply only to contracts concluded after its entry into force.

Article 33 This Regulation is intended to comply with Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

33/A. § *  Article 9(1)(e) and Article 11(1)(m) and (n) are intended to comply with Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC.

34. § *  Article 2(i) is intended to comply with the Directive on package travel, package holidays and package tours, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.

35. § *  This Regulation is designed to comply with Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards more effective enforcement and modernisation of EU consumer protection rules.

Sample withdrawal/cancellation notice:

(fill in and return only if you wish to withdraw from the contract)

Addressee [insert the name, postal address and e-mail address of the company]:

I, the undersigned, declare that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the sale of the following goods or the provision of the following services:

Date of conclusion of contract/date of acceptance:

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of paper declaration):

Celtic

The costs incurred in connection with the return of the goods shall be borne by the Buyer.

 

Please note that we do not accept COD or postage paid parcels.

 

As of 1 January 2013, in the case of an invoice issued in the name of a limited liability company, a partnership, a sole trader or other organisation or group of undertakings, the customer cannot exercise the right of withdrawal because he/she is not a consumer,

The provisions of this clause apply only to natural persons acting outside the scope of their profession, self-employed occupation or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as the Consumer).

Withdraw from the contract without giving any reason within fourteen (14) days of the date of receipt of the product, or, in the case of the supply of several products, the last product supplied, by the Consumer or a third party other than the carrier and indicated by the Consumer.

The consumer may also exercise his 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 his right of withdrawal, he must send a clear statement of his intention to withdraw (e.g. by post, fax or electronic mail) to the Service Provider using the contact details indicated in point 1 of these GTC. For this purpose, the Consumer may also use the model withdrawal form attached to the order confirmation e-mail. The Consumer shall exercise his right of withdrawal within the time limit if he sends his withdrawal notice to the Service Provider before the expiry of the time limit indicated above.

The burden of proof that the Consumer has exercised his/her right of withdrawal in accordance with the provisions set out in point 5.

In both cases, the Service Provider will immediately acknowledge receipt of the Consumer's withdrawal by e-mail.

In the case of a written withdrawal, it shall be deemed to have been validated within the time limit if the Consumer sends his/her declaration to the Service Provider within 14 calendar days (up to the 14th calendar day).

In case of notification by post, the Service Provider will take into account the date of posting, in case of notification by e-mail or fax, the date of sending the e-mail or fax for the calculation of the time limit. The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven.

In the event of withdrawal, the Consumer shall return the ordered product to the address of the Service Provider indicated in point 1 without undue delay, but no later than 14 days from the date of the communication of the withdrawal. The time limit shall be deemed to have been observed if the Consumer sends (posts or delivers to the courier service ordered by him) the product before the expiry of the 14-day time limit.

The cost of returning the product to the Service Provider's address is borne by the Consumer. The Service Provider is not able to accept the package returned by cash on delivery. The Consumer shall not be charged any costs other than the cost of returning the product in the event of withdrawal.

If the Consumer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 days after receipt of the Consumer's notice of withdrawal, except for the additional costs incurred because the Consumer chose a transport method other than the cheapest usual transport method offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned or until the Consumer has provided credible proof that it has been returned, whichever is the earlier.

The refund will be made by the Service Provider using the same payment method as the one used for the original transaction, unless the Consumer explicitly agrees to another payment method; no additional costs will be charged to the Consumer as a result of using this refund method.

The Consumer may be held liable for depreciation of the product only if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product.

7.2 In which cases is the Consumer not entitled to the right of withdrawal?

In the case of a contract for the provision of a service, after the service has been performed in its entirety, if the Service Provider has started the performance with the express prior consent of the Consumer and the Consumer has acknowledged that he/she loses the right to terminate the contract after the service has been performed in its entirety.

For a product or service whose price or charge is subject to the possible fluctuations of the financial market beyond the control of the Service Provider, even during the 14-day cancellation period.

In the case of a product that is not prefabricated and that has been produced by the Service Provider on the instructions or at the express request of the Consumer, or a product that is clearly personalised for the User.

For perishable or short-lived products.

In respect of a product in a sealed package which is not in conformity with
cannot be returned after opening after delivery for hygiene reasons.
Such products include, for example: deep ear canal earphones (micro, nano,
piko, etc.);

In respect of a product which, by its nature, is inseparably mixed with other products after the transfer.

For alcoholic beverages whose actual value depends on market fluctuations in a way beyond the control of the Service Provider and whose price was agreed between the parties at the time of the conclusion of the sales contract, but the contract is only performed after the thirtieth day from the date of conclusion.

In the case of a contract where the Service Provider visits the User at the express request of the Consumer to carry out urgent repair or maintenance work.

For the sale of a copy of a sound or video recording or computer software in sealed packaging, if the Consumer has opened the packaging after delivery.

For newspapers, periodicals and periodicals, with the exception of subscription contracts.

For contracts concluded by public auction.

For contracts for the provision of accommodation, transport, car rental, catering or leisure services, with the exception of residential services, where a deadline or period for performance has been specified in the contract.

In respect of digital content provided on a non-tangible medium, if the Service Provider has commenced performance with the express prior consent of the Consumer and the Consumer has, at the same time as giving such consent, acknowledged that he/she loses the right of withdrawal after the commencement of performance.

For use beyond that necessary to establish the nature, properties and functioning of the product.

8. Warranty

8.1. Accessories warranty

In the event of defective performance by the Service Provider, the User may assert a claim for warranty against the company in accordance with the provisions of Act V of 2013 on the Civil Code.

In the case of a consumer contract, the User who is a Consumer may assert warranty claims for defects in the product that existed at the time of delivery of the product during the 2-year limitation period from the date of receipt. After the two-year limitation period, the User may no longer enforce his rights under the warranty.

In the case of a contract not concluded with the Consumer, the User may enforce his/her warranty claims within a limitation period of 1 year from the date of receipt.

The User may, at his/her option, make the following warranty claims: request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would involve disproportionate additional costs for the company compared to the fulfilment of his/her other claim. If the repair or replacement is not requested or could not be requested by the Customer, the Customer may request a proportionate reduction in the price or have the defect repaired or replaced by another party at the expense of the undertaking or, as a last resort, may withdraw from the contract.

The User may switch from one warranty right to another, but the cost of the switch shall be borne by the User, unless it was justified or the company gave a reason for it.

The User shall notify the User of the defect immediately upon its discovery, but not later than two (2) months after the discovery of the defect.

The User may assert a warranty claim directly against the company.

In the case of a defect discovered within six months of performance (i.e. after delivery or acceptance), the defect must be presumed to have existed at the time of performance, unless this presumption is incompatible with the nature of the defect or the nature of the product. The Service Provider shall be exempted from the warranty only if it rebuts this presumption, i.e. proves that the defect in the product arose after delivery to the User. On this basis, the Service Provider is not obliged to accept the User's complaint if it can prove that the defect is due to improper use of the product. However, after six months from the date of performance, the burden of proof is reversed, i.e. in the event of a dispute, the User must prove that the defect existed at the time of performance.

8.2. Product warranty

Product warranty can only arise in the event of a defect in movable goods (product). In such a case, the User, who is the Consumer, may, at his option, exercise his right under clause 7.1 or claim under the product warranty.

As a product warranty claim, the User may only request the repair or replacement of the defective product.

A product is considered to be defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

The User may assert a product warranty claim within two (2) years from the date of placing the product on the market by the manufacturer. After this period has elapsed, he shall lose this right.

The User may only exercise his/her warranty claim against the manufacturer or distributor of the movable item.

The User must prove the defect of the product in the event of a product warranty claim.

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

  • manufactured or marketed the product for purposes other than its business, or
  • the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
  • the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption.

The same defect cannot give rise to both a warranty claim and a product warranty claim at the same time. However, in the event of a successful product warranty claim, the User may assert a warranty claim against the manufacturer for the replaced product or repaired part.

8.3. Good Standing

The mandatory warranty for certain consumer durables is regulated by Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary and listed in the Annex to the Regulation.

The mandatory guarantee period for the durable consumer goods listed in the Annex to the Government Decree is 1 year, starting from the date of delivery of the product to the Consumer or, if the installation is carried out by the Service Provider or its agent, from the date of installation.

The company is only exempted from its guarantee obligation if it can prove that the cause of the defect arose after performance.

The User may not assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time, but the User shall otherwise be entitled to the rights arising from the warranty irrespective of the rights set out in Clauses 7.1. and 7.2.

General guarantee conditions

  • All products are guaranteed for 1 year unless otherwise stated on the invoice.
  • In all cases, you can claim the guarantee with the guarantee voucher.
 

We would like to draw your attention to the fact that in the case of products without a separate warranty card, i.e., products for which our company claims the warranty, the customer is obliged to arrange for the return of the product and the costs associated with this are also borne by the customer!

 
 

Please note that we do not accept COD or postage paid parcels.

 
  • Not a warranty problem
    1. Compatibilities and capacities are always indicated on the basis of the data published by the manufacturer. They are for information only and we cannot be held responsible for their accuracy or any damage resulting from them!
8.4. Enforcement of warranty and guarantee claims

Products without a warranty card and products with their own warranty card are handled by our company at our headquarters. In all cases, the cost of returning the product will be borne by the customer.

Our contact details are listed below. You can make a warranty claim using the contact details below:

Name: 11 Ocean Ltd.
Mailing address: 9026 Győr, Rozmaring utca 21.
Phone number: +36302530592
E-mail address: info[at]spytek.hu

9. Enforcement options

9.1. Place, time and manner of lodging a complaint

The User may submit consumer complaints about the product or the Service Provider's activities to the following contact details:

Name: 11 Ocean Ltd.
Mailing address: 9026 Győr, Rozmaring utca 21.
Phone number: +36302530592
E-mail address: info[at]spytek.hu

The Service Provider shall, if it has the opportunity, remedy the verbal complaint immediately. If it is not possible to remedy the oral complaint immediately, due to the nature of the complaint or if the User does not agree with the handling of the complaint, the Service Provider shall keep a record of the complaint for a period of five years, together with its substantive response to the complaint.

The Service Provider shall deliver a copy of the report to the User on the spot in case of a verbal complaint communicated in person (at the premises) or, if this is not possible, in accordance with the rules for written complaints detailed below.

In the case of a verbal complaint communicated by telephone or other electronic communications service, the Service Provider shall send a copy of the report to the User no later than the time of the substantive reply.

In all other cases, the Service Provider will proceed according to the rules for written complaints.

Complaints recorded by telephone or other means of communication will be provided with a unique identifier by the Service Provider, which will simplify the retrieval of the complaint in the future.

The Service Provider shall reply to the complaint received in writing within 30 days. Action under this contract means posting.

If the complaint is rejected, the Service Provider shall inform the User of the reasons for the rejection.

9.2. Other enforcement options

In the event that any consumer dispute between the Service Provider and the User is not resolved through negotiations with the Service Provider, the following enforcement options are available to the User:

Hungarian law shall prevail with regard to the laws applicable to consumers (in particular, but not limited to, warranty, guarantee, cancellation).

In case of rejection of the complaint, the Customer (if the Consumer) may initiate the procedure of the Győr Conciliation Board in accordance with the provisions of Act CLV of 1997 on Consumer Protection in order to settle the consumer dispute.

If the Customer wishes to conduct and settle the consumer dispute online, he/she can do so through the online dispute resolution platform at http://ec.europa.eu/odr. In order to simplify and speed up the procedure, it is recommended to designate the Győr Arbitration Board as the competent authority.

Contact details of the Győr Arbitration Board:

http://www.bekeltetesgyor.hu/

Address: 9021 Győr, Szent István út 10/a.

Phone: 06-96-520-217

Fax: 06-96-520-218

The Customer (if the Consumer) may address his/her consumer complaint to the competent district office. More information on this can be found at the following link: http://jarasinfo.gov.hu/.

10. Other

10.1. GTC, modification of prices

The Service Provider may modify these GTC, the prices of the products sold on the website and other prices indicated on the website at any time with non-retroactive effect, the modification shall take effect after publication on the website and shall apply only to transactions after the date of entry into force.

10.2. Technical limitations

Purchasing on the Website implies the User's knowledge and acceptance of the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. The Service Provider shall not be held liable in the event of any malfunction of the Internet network which prevents the Website from functioning and the purchase.

10.3. Privacy Policy

Principles of data management The protection of the personal data of visitors is a fundamental objective of the operator, which attaches particular importance to respecting the users' right to information self-determination. The operator treats visitors' personal data confidentially and takes all security, technical and organisational measures to ensure the security of the data. The following describes our data management principles and the expectations that the operator has set and adheres to as a data controller. The operator's approach to data protection is based on voluntary informed consent, which it seeks to implement at every stage of the use of the service. Its data management principles comply with the applicable data protection legislation, in particular the following:

  • Act LXIII of 1992 on the protection of personal data and the disclosure of data of public interest
  • Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
  • The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, signed in Strasbourg on 28 January 1981 and promulgated by Law VI of 1998
  • Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
  • Act CXIX of 1995 on the processing of name and address data for the purposes of research and direct marketing

The operator of the webshop is responsible for data management and does not disclose personal data to third parties, except with the prior and explicit consent of the data subject. By sending the order, the customer expressly consents to the transfer of personal data to the delivery company. Statistics on the personal data collected from users

disclose to third parties only information about the identity of the data subject. No personal data of the data subject may be reproduced from the data thus transmitted by any means. The personal data collected in the webshop will not be combined with data from other sources. The operator does not transfer user data to third countries (abroad). The Operator will keep the statements and analyses of the users' data prepared using general statistical methods for an unlimited period of time. It is not possible to draw conclusions about the data subject from these data. The Operator does not collect any special data (data concerning racial origin, membership of national and ethnic minorities, political opinions or party affiliations, religious or other beliefs, membership of interest groups, health, pathological addiction, sexual life, criminal personal data) about its users on the website. Visitors to the webshop use the service voluntarily. They acknowledge that orders can only be placed on the webshop after registration. If the operator is required by law to provide personal data to the requesting authority and all conditions are met, the request will be complied with. The visitor and user of the service (user) acknowledges this and will not raise any objections in this regard. The operator will receive and respond to each user's questions regarding data modification, data request, data deletion, data management information as soon as possible, but not later than within 30 days. The webshop may contain links to other external sites. The operator is not responsible for the data management practices of other websites. This statement applies only to the webshop operated by the operator. Recording of technical data of website visitors During a visit to the website, the shop system records the IP address of the user, which in some cases may be used to identify the person concerned, as well as the operating system, browser type and the address of the page visited. The purpose of data storage is primarily technical and is essential for the continued operation of the system. It is also used to analyse user habits and to produce statistics on the number of visits, which will help us to provide an even higher level of service. The operator will not link the data obtained from the analysis of log files with other information, and will not seek to identify the user. Customer registration If the user wishes to make a purchase in the online shop, he/she must provide the necessary data for the first purchase, such as billing and delivery details, telephone number, e-mail address, contact name and password for subsequent access. During the registration process, the customer can also indicate his/her wish to receive a newsletter. The newsletter subscription can be cancelled by the customer at any time. The registration will be confirmed by e-mail. The customer is obliged to keep the password confidential. If, after the customer has correctly entered his/her unique identifier and password during the identification process, the customer's data are in the possession of an unauthorised third party, the Data Controller shall not be liable for any resulting damage or disadvantage. By providing their e-mail address, users consent to the service provider sending them technical messages. Registered data will be deleted from the system by the operator upon request. For security reasons, the deletion request will only be valid if the deletion request is confirmed by the user by e-mail, in order to avoid that someone else deletes someone else from the registration database, either intentionally or by mistake. Newsletter subscription In addition to registration, you can also subscribe to a newsletter in the shop. If the visitor is not yet a registered customer, he/she can enter his/her e-mail address, name and possibly address in the Newsletter box on the side. By clicking the subscribe button, you agree to receive a newsletter from the operator. The subscription to the newsletter can be cancelled by the user at any time. Writing a review To write a review on a product or to send other forum postings, it is not always necessary to register, in this case the customer only needs to provide his/her name and e-mail address. The name, email address and product reviews will be made public, so please only write a review if you agree to do so. Contact, Remedies Full details of the operator can be found on the "Information" page. If the customer feels that the data controller has violated his/her right to the protection of personal data, he/she may take action in accordance with Act LXIII of 1992 on the protection of personal data and the disclosure of data of public interest.

Date of entry into force of these General Terms and Conditions: 13.11.2022.

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