Terms & Conditions
General Contractual Conditions
This present document will not be registered (will not be accessible afterwards), se closed exclusively in an electronic format, is not considered to have the value of a written agreement, will be edited in the Hungarian language and does not refer to any behavioural code. For any questions deriving in what concerns the functioning, order procedures of the website you can contact us through one of the already mentioned possibilities.
The validity of these present General Contractual Conditions is extended to the legal relations grounding the Provider’s website (http://evidencestore.shoprenter.hu, http://www.evidence.hu) and its subdomains. These present General Contractual Conditions can be accessed and permanently downloaded from the following website: http://www.evidence.hu/aszf, respeand can be printed by using the following link, respectively: http://www.evidence.hu/aszf.pdf
1. Information about the provider:
The name of the provider: Exity Kft.
The provider’s registered seat (also the location where the possible claims will be managed): 2330 Dunaharaszti, Jedlik Ányos u. 27.
The provider’s contact details, permanent electronic e-mail address destined for maintaining his relations with petitioners: judit@evidence.hu
Trade Register’s Office No.: 13-09-862387
Tax ID: 13575168-2-13
Name of the authority which made the registration: Budapest Környéki Törvényszék (the Court in the Budapest area)
Telephone: 0036-70-389-7125
The language of the agreement: Hungarian
Name, address, and e-mail address of the stocking services provider:
Shoprenter.hu Kft.
Address: 4028 Debrecen Kassai út 129.
Telephone: 06-1/234-5011
E-mail: info@shoprenter.hu
Address Web: www.shoprenter.hu
2. Fundamental clauses:
2. For any problems which are not regulated through these Bylaws, as well as for the interpretation of these present Bylaws, the Hungarian law will govern, keeping into account especially the afferent provisions of Law V. from 2013 concerning the Civil Code („CC”), those of Law CVIII from 2001 (law Comel) concerning electronic commercial services and some problems concerning the services related to the informational society and those of Government’s Ordinance no. 45/2014 (IIO.26) concerning the rules afferent to closing agreements between the consumer and the company. The parties will be subjected to the mandatory provisions of the afferent legal norms with no other specifications in this respect.
2. These present Bylaws are valid from the 13th of August 2018 and will remain so until its revocation. The Provider has the right to unilaterally modify the agreement. He will publish such modifications on the website 11 (eleven) days in advance before their enforcement. By using the website, the users accept the fact that all the regulations concerning the use of the web page automatically apply to them.
2. If the User enters the Provider’s webpage or reads its content in any manner whatsoever – and if is not registered as a user of the page – then the content of these present Bylaws will be considered as being mandatory for him. If the User does not accept the conditions, he will not have the right to read the webpage’s content.
2. The Provider reserves all rights concerning the distribution of the webpage, of any of its parts and of the contents from them. The downloading of said contents or of any of the webpage’s parts, as well as their electronic storage, processing and exploitation are strictly forbidden.
3. Registration/Acquisition
3. Through the acquisition/ registration on the page, the User declares that he understood and accepts the General Contractual Conditions and the conditions related to data management information and, lastly, that he agrees with the processing of his personal data.
3. Through the acquisition/ registration process, the User has the obligation to provide his real data. In case of providing false data, or data belonging to another person, the closed agreement becomes void. The provider assumes no responsibility for the event in which a User requests his services in the name of another person, by using that person’s data.
3. The provider will not be responsible under no circumstance for the delivery delays and for other problems caused by erroneous and/ or inaccurate data provided by the User.
3. The Provider bears no responsibility for possible damages if the User forgets his password, or the password becomes accessible for unauthorized persons due to reasons which cannot be charged on the Provider’s account.
4. The range of services and products which can be bought
4. The presented products can be ordered exclusively online. The shown prices will be understood as being in HUF currency, include the VAT foreseen by the law, but do not include the transport price. The packaging expenses are not included in the price.
4. The Provider will mention in the website the product’s name and description and will offer a visual image of said product. The images shown on the product’s data description can differ from reality and are shown only for exemplification purposes. We do not assume responsibility for the differences between the image on the website and the real aspect of the product.
4. If a discount price is added, the Provider will notify the User on all the details of the action and its exact length.
4. If regardless of the Provider’s diligences the website’s platform shows an erroneous price, especially in those situations when it shows a totally different price in relation with the known or estimated price of the product, such as "0" HUF or "1" HUF, occurred due to an error of the system, then the Provider will not be obligated to deliver the product at the shown price, but will deliver it to its correct price, and therefore the Client is entitled to resign his intention of acquisition.
4. In the event of an error of Price, there will be a striking disproportionality of the price in relation with the product’s value, a fact which must be immediately notified by the average consumer. Based on Law V from 2013 within the Civil Code (CC), the agreement is closed based on the expression of the parties’ mutual and unanimous will. If the parties cannot reach an agreement on the contractual conditions, and there is no statement which expresses in a mutual and unanimous manner the parties’ will, then one cannot talk of an agreement closed in a valid manner which would determine rights and obligations. As such, the order confirmed at a wrong/ erroneous price can be considered as determining a void agreement.
5. How are orders placed
5. Following his registration, the User will access the website or can begin shopping without being registered.
5. The User will indicate the number of the products he wishes to buy.
5. The User will place in the basket the chosen product. The User can verify at all times the content of his basket by clicking on the "Basket" icon.
5. If the User wishes to place other products in the basket, he will choose the "Continue your shopping" button. If he does not want to buy other products, he will verify the number of units of the chosen product. By pressing the "Delete – X" button you can delete the content of your basket. In order to finalize the quantity, the User will press the "Update/ Basket update" button.
5. The User will then choose the delivery address, and the manner of delivery/ payment, subsequently, which can be one of the following:
1. Manners of payment:
Cash on delivery: if the product will be delivered through a courier there is the possibility of the User paying the price of the order to the courier, when receiving the ordered product/ products.
Bank transfer: the User has the obligation of transferring in 3 days the counter value of the products ordered in the bank account communicated in the confirmation e-mail. After crediting the amount in the Provider’s account, the User has the right of receiving the product in the manner pre-established by him.
5. If there is an error or deficiency regarding the products or prices on the website, we reserve our right of correcting them. In such situations, following the observation and correction of the error, respectively, we will inform the buyers on the new data. Following this, the User can confirm again the order or can cancel it.
5. The total for payment, calculated based on the finalization of the order and of the confirmation letter, will include all expenses. The invoice (and if the product has one, the certificate of guarantee) will be delivered in the package. The User has the obligation of verifying the package when receiving it, in the presence of the Courier and if noticing certain deteriorations of the package or of the products, should request the issuance of a report; if he discovers such deteriorations, he is not obliged to take over the package. The Provider will not accept any other subsequent claims in the absence of the said report! The delivery of the packages will be made during working days between hours 8-17.
5. After the completion of the data the User can launch the order by clicking the "Send order" button, but he can first verify the filled in data and can make other mentions attached to his order or can communicate us afterwards through e-mail other preferences concerning his order.
5. By making this order, the User acknowledged that an obligation of payment has risen in what concerns him.
5. Correcting the errors resulted from the introduction of data: before closing a certain stage of an order, the User can reverse to the anterior stage, where he can correct the introduced data. In other words: during the process of the order, there is the possibility of verifying or modifying the content of the basket, if the basket does not contain the desired quantity, and the User can mention the number of desired units in the Quantity column, and will afterwards press the "Update/ Basket update" button. If the User wants to delete the products in the basket, then he will click the "X" button for deletion. During the performance of his order, the User has the possibility of correcting/ deleting the introduced data.
5. After the order’s launch, the User will receive a confirmation e-mail. If this e-mail does not arrive in a reasonable term, in accordance with the nature of the order, but no later than in 48 hours from the order’s launch made by the User, then the User is exempted from the order or agreement’s obligations. The agreement and its confirmation will be considered as being received by the Provider or the User when the Agreement can be accessed by the receiver. The Provider does not assume responsibility for the confirmation if said confirmation does not arrive due to the fact that the User registered a wrong e-mail address when registering on the website, or due to the fact that the storage space on his account cannot receive further messages because it has used the maximum space available.
5. The User will take into account the fact that this mentioned confirmation is an automatic confirmation and that it does not generate also the agreement. The agreement will be closed when following the automatic confirmation, the Provider will notify the User via another e-mail about the details of the order and the estimate time of its delivery.
6. Orders’ processing and delivery
6. The orders’ processing will be mad during work hours. Orders can be sent also outside work hours and if this occurs, the processing of said orders will be made the following day. The Provider’s Clients’ Department will confirm the delivery at any given hour and will communicate the delivery term.
6. The general delivery term is of 2-5 days from the moment on which the agreement was closed.
6. Based on the sales-purchase agreement, the Provider will have the obligation of transmitting the right of property on the goods, the User will have the obligation of paying the purchase price and of taking over the goods in question.
6. If the Seller is a Company, the Buyer is A Consumer, and the Seller commits to grant the transport of the good to the Buyer, the risk will be transferred to the Buyer when the goods will arrive in his possession or that of a third party appointed by him. The risk will be transferred to the Buyer in the moment of the delivery of the goods to the transports, if the transporter was appointed by the Buyer, on the condition that the transporter was not recommended by the seller.
6. If the Seller is a Company and the Buyer is A Consumer, in the absence of another agreement the Seller (according to this present General Contractual Conditions: the Provider) has the obligation of placing the agreement at the disposal of the Buyer (User) with no delay, but in maximum thirty days from the moment when the agreement was closed.
6. In the event of any delay on the Provider’s side, the User has the right to establish an additional term. If the Seller does not fulfil the order neither during said additional term, the Buyer has the right of terminating the agreement.
6. The User has the right to terminate the agreement in the absence of an additional term in the following situations:
a) If the Provider refuses to pay the agreement; or
b) If the agreement should have been fulfilled according to the parties’ agreement or in the term established according to the destination of the service, and not otherwise.
6. If the Provider does not fulfil his contractual obligations due to the fact that he has no access to the object product of the agreement, he has the obligation of notifying immediately the User in this respect and to restore him the amount which the latter had already paid.
7. The right to waiver
7. In accordance with the regulations of Directive no. 2011/83/UE of the European Parliament and Council, as with those of the Government’s Ordinance no. 45/2014 (II.26) concerning the rules of the agreements between consumers and companies, the Consumer has the right to waive the agreement and can return the ordered product in 14 days from the moment he received the products. In the absence of the shown information, the Consumer enjoy 1 year of practicing his right of waiving the agreement. If following the expiry of the 14 days from the moment on which the product was received or from the closing of the agreement, but within 12 months, the Provider offers such information, then the period during which the possibility of waiving the agreement is active is of 14 days from the communication of such information.
7. The Consumer can perform his right to waive through a statement issued in this respect or with the aid of the standard-statement within Annex no. 2. Of the Government’s Order no. 45/2014 (II.26).
7. The granted period for the performance of the right of waive expires after 14 days after which the Consumer or a third party appointed by him takes over the product from the transporter.
7. The Consumer has the right to practice his right of waive also during the period between the moment when the agreement was closed and the date of the product’s reception.
7. The expenses related to the returned products will be paid by the Consumer, as the Company did not commit to pay for such expenses.
7. In the event of performing his right of waive, the Consumer will bear no other costs apart from the cost afferent to the return of the products.
7. The Consumer does not enjoy the right of return those products made by order which were performed according to his indications or at his express request, or those products which were distinctively personalized.
7. Moreover, the Consumer cannot perform his right to waive in the following situations:
a. In the case of the agreement concerning services provisions, after the full provision of the services, if the company began such provision with the prior express approval of the Consumer, who acknowledged the fact that following the full provision of the services, he will completely lose his right to waive;
b. Concerning those products or services whose price or tax depends on the fluctuation of the monetary market, which cannot be influenced by the company and which can modify precisely during the period made available for the performance of the right to waive;
c. Concerning perishable products or with a short validity term;
d. Concerning those products with a sealed package, which due to reasons of health or hygiene cannot be returned once they have been opened;
e. Concerning those products which, due to their nature, will merge with other products in an inseparable manner following their delivery;
f. In the case of those alcoholic beverages whose real price depends in a manner by the company on the market fluctuations and on the price on which the parties have agreement when closing the sales-purchase agreement, but the performance of the agreement was made only following the said thirty days calculated from the date on which the agreement was closed;
g. In the case of those subcontracting agreement for which the Company will subcontractor for the Consumer on his express request for the purpose of performing some urgent repairs or maintenance works;
h. In connection with the sales-purchase of some audio or video recordings, or computer software in sealed packages, which the Consumer has opened following their delivery;
i. Concerning newspapers, magazines and publications, except for subscription agreements;
j. In the case of the agreements closed during public auctions;
k. In the case of those agreements concerning the accommodation insurance, except for real estate services, agreements of provision of services concerning transport, car rentals, food or free activities, if a term of execution was not specified in the agreement;
l. Concerning the contents of digital data which are not delivered on a material support in the case in which the company began the performance with the prior clearly expressed approval of the Consumer, and the latter, simultaneously with this agreement has stated the acknowledgement of the fact that following the beginning of performance, he will lose his right to waive.
7. Following the entry of the returned goods/ arrival of the waive statement, based in the legal norms already mentioned, the Provider will repay the amount paid by the Consumer, including the taxes afferent to the transport with no delay, but in maximum 14 days following the acknowledgement of the waive.
7. During the restoration of such amounts, we will apply the same manner of payment as that applied for the original transaction, except for the cases in which the Consumer explicitly agrees on using different modalities of payment: this new manner of payment will not determine any additional costs for the Consumer.
7. The Consumer has the obligation or returning or delivering the goods at the Provider’s address with no justifiable delay, but not later than in those 14 days from the moment he has sent to the Provider his notification concerning the waive of the agreement.
7. In the event in which the Consumer waives the agreement in writing, this statement of waiving is sufficient is sent during 14 days.
7. The Consumer will comply with the term when he returns or delivers the product/ products before the expiry of the said 14 days. The return of the products will be considered as being performed in due time if the Consumer returns the product before the expiry of the term.
7. The Consumer will exclusively pay for all the direct expenses concerning the product’s return, except for the case in which the company commits to pay these expenses.
7. The Provider is not obliged to restore the Consumer those additional expenses resulted from choosing a different manner of transportation from the most common and cheap offered to him by the Provider.
7. The return of the money can be delayed by the Provider until he has received the goods, or if the Consumer did not offer a proof of their return; the most recent date of the two situations will be taken into account.
7. If the Consumer wishes to perform his right to waive, he can signal this through one of the contact modalities of the Provider, in writing (even with the aid of the attached data chart), through telephone or even personally. In the event of signaling such an intention in writing, via post service, we will take into consideration the date of the expedition, and if signaled by telephone, the date of the call. In the case of the correspondence via mail, the Provider accepts notifications as regular sending post service or as registered mail. The ordered product can be returned to the Provider through the post service or through a courier.
7. The Consumer is responsible only for the depreciations resulted from the use which exceeds the use necessary in order to establish the nature, properties and functionality of the product.
7. The Government’s Ordinance no. 45/2014 (II.26) concerning the rules of the agreements between the consumers and companies can be accessed here.
7. The 2011/83/UE Directive of the European Parliament and Council can be accessed here.
7. By using the contact options shown within these present Bylaws, the Consumer can contact the Provider also for other possible claims.
7. Only those Users who according to the Civil Code can be considered Consumers can enjoy their right to waive.
7. A Company or person who takes action within the framework of his profession, independent activity or business cannot enjoy the right of waive.
7. The stages of practicing the right to waive:
1. In the event in which the Consumer wishes to perform his right to waive, then he has the obligation of announcing the Provider regarding this intention through the mentioned contact modalities.
1. The Consumer can perform his right to waive if in 14 days from the moment he has received the product he sends the statement of waive. In the case of a written waive, the sending of the statement of waive in 14 days is sufficient. When such an intention is signaled via post services, the date of expedition will be taken into account, and if signaled through e-mail or fax, the date on which the said e-mail or fax have been transmitted will be taken into account.
1. If the Consumer waives the agreement, he has the obligation of returning the ordered product to the Provider with no delay, in maximum 14 days from the communication of his statement of waive. Such a term will be considered to be complied with if the product is sent before the expiry of the term of 14 days (therefore, the product must not arrive in 14 days). The Beneficiary will pay for all the expenses related to the return of the product due to the performance of the right to waive.
1. On the other hand, the Provider is not obliged to restore the Consumer those additional expenses resulted from the latter choosing a different manner of transport from the usual and cheapest manner offered by the Provider. The Consumer can perform his right to waive also in the period from the moment on which the agreement was closed and the moment on which the product was received.
1. During the sale-purchase of several products, if the delivery of some products is made on different dates, then the Buyer can perform his right to waive the agreement in 14 days from the moment when he received the last product, or if the product in question consists of several articles of units, from the moment he has received the last delivered article or unit.
8. Guarantee
Vicious performance
The obliged party will perform in a vicious manner if during the performance, the services he provides do not correspond to the qualitative requirements established within the agreement or by the legal norms. The obliged party will not perform in a vicious manner if the party entitled to had known about the vice in the moment when the agreement was closed or should had known it.
In the agreement closed between the Consumer and the Company, that provision detrimental to consumers which differs from the provisions concerning the guarantee of vicious performance or the implied guarantee mentioned within this chapter is considered to be void.
Implied guarantee
8. In what conditions can the User practice his right of implied guarantee?
In the case of a vicious performance on the Provider’s side, the User can perform his right of implied guarantee in accordance with the provisions of the Civil Code.
8. Which are the User’s rights based on the claims of implied guarantee?
i. The User can choose among the following claims of implied guarantee: can request the repair or exchange of the product, except for the situation in which the chosen alternative would be impossible to be performed or would imply disproportional costs for the Company. If he did not request or could not request, respectively, the repair or exchange of the product in question, then the User can request the proportional reduction of the compensations, can make the repairs on the Company’s expense or – in the last instance – can terminate the agreement. He can pass from claiming the right of implied guarantee to another right, but the afferent expenses will be paid by the User, except for the situation in which such an option was justified or agreed by the Company.
8. Which is the period during which the User can perform his right of implied guarantee?
The User has the obligation of notifying the vice immediately after discovering it, and no later than in two months following its discovery. Moreover, we also draw your attention on the fact that following the prescription term of two years after the performance of the agreement, you can no longer perform your rights of implied guarantee.
8. Towards whom the User can perform his right of implied guarantee?
The User can perform his right of implied guarantee towards the Provider.
8. Which are the other conditions afferent to the performance of the right of implied guarantee?
During six months from the moment on which the agreement was closed, the performance of the right of implied guarantee has no other conditions than the communication of the vice, if the User proves that the product or service was offered by the company which manages the webpage. After the expiry of these six months, however, the User has the obligation of proving that the vice which he identified was already present during the moment when the agreement was closed.
Guarantee for factory (production) defects
8. In what conditions can the User express the right of guarantee for the factory defects?
In case of vices afferent to some tangible assets (products), the User – at his own choice – can perform his right to implied guarantee or of guarantee for factory defects.
8. Which are the User’s rights based on the right of guarantee for the Factory defects?
As a guarantee claim for the factory defects, the User can request exclusively only the repair or replacement of the product.
8. In which situations is a product considered to be vicious?
A product is considered to be vicious (flawed) if it does not address the valid qualitative requirements when it is opened, or if it does not show all the properties mentioned in the description given by the Producer.
8. Which is the term during which the User can perform his right of guarantee for factory defects?
The User can perform his right of guarantee for factory defects in two years from the placement for sales purposes of the said product by the Producer. Following the expiry of this term, he loses this right.
8. In relation with whom and in what other conditions can the User perform his right of guarantee for the factory defects?
The User can perform his right of guarantee for factory defects exclusively towards the producer or distributor of the tangible good. In the case of performance of the right of guarantee for factory defects, the User must prove the vice of the product.
8. In which situations is the Producer (Distributor) exempted from the obligation of guarantee for the factory defects?
The Producer (Distributor) is exempted from the obligation of guarantee for the factory defects if he can prove the following:
– The product was not produced or sold within his commercial activities, or
– The vice could not have been identified according to the current scientific and technical stage when being placed on the market for sales purposes, or
– The product’s vice results from the application of some mandatory provisions of the legal norms or of the norms of the authorities.
It is enough if the Producer (Distributor) proves only one of the reasons shown above.
We hereby draw your attention on the fact that you cannot perform the right of implied guarantee and that of guarantee for factory defects concomitantly for the same vice. On the other hand, in the case of the efficient pretension to the claims for guarantee for factory defects, you can perform your right of implied guarantee towards the Producer for the exchanged product or for the repaid part, respectively.
Guarantee
8. In which situations can the Consumer express his right to guarantee?
In the case of a vicious performance, based on the provisions concerning the guarantee offered to some goods with a long-term use, the Provider is obliged to offer a guarantee only if the User is considered to be a Consumer.
8. Which are the rights and in which terms does the User enjoy them based on the guarantee?
The period of guarantee is of one year. The guarantee term begins on the moment of the delivery of the consumption good, or if the start-up is performed by the distributor or his representative, on the date of the start-up.
Based on the request for guarantee, the Beneficiary can chose among the following:
ii. He can request the repair or exchange of the product, except in the case in which the chosen right is impossible to be performed or if the Beneficiary submits in this war – compared with the fulfilment of another claim of guarantee – the party obliged to compensate him to disproportional expenses in relation with the value of the service in his regular condition, with the gravity of the contractual violation and the prejudices caused to the Beneficiary through the fulfilment of the right to guarantee; or
iii. He can request the proportional reduction of the compensation, can perform the repairs by himself or by appointing another person, but on the expense of the obligated party, or can waive the agreement if the obligated party does not accept or cannot perform the repairs or exchange required, or if the Beneficiary no longer has the interest of repairing or exchanging the good in question.
The agreement cannot be waived due to small defects.
The repair or exchange of the product – keeping into account the characteristics of the good and its destination claimed in a justified manner by the Beneficiary – must be performed in an adequate term, by sparing the Beneficiary’s rights.
8. In which situations does the Company enjoy an exemption from the obligations afferent to the guarantee?
The Provider is exempted from his obligations afferent to the guarantee if he can prove that the reason of the vice’s occurrence arrived after the execution of the agreement. We hereby draw your attention on the fact that you cannot perform the right of implied guarantee and the right of regular guarantee, or the right of guarantee for factory defects and the right to regular guarantee concomitantly for the same vice. On the other hand, the Consumer enjoys the rights for the regular guarantee independent of the rights described in the chapters on the implied guarantee and the guarantee for factory defects.
8. The Provider will not offer a guarantee after the expiry of the guarantee term (reasonable length of life) for the damages resulted for the regular wear/decay.
8. Moreover, the Provider will not offer guarantee or guarantee of good performance for those damages resulting after the transmission of the risk due to wrongful or negligent handling, overstraining or to unconventional interventions or other uses which do not comply with the destination of the goods, respectively.
8. If due to the reason of the consumption good being defect the Consumer performs his right to a replacement of said product in three working days beginning with the moment of the acquisition (start-up), the Provider is obliged to replace the consumption good on the condition that said defect makes it impossible for the product to function according to its destination.
9. The procedure for the claims of use of guarantee
9. Within the agreement closed between the Consumer and the Company, the parties’ agreement cannot violate the provisions of the Directive in detriment of the Consumer.
9. The Consumer has the obligation to prove that the agreement was closed (with an invoice, or only with the receipt).
9. The expenses concerning the performance of the guarantee obligations will be the responsibility of the Provider (Art. 6:166 CC)
9. The Provider has the obligation of issuing a report on the claims of guarantee notified to him by the Consumer.
9. A copy of the report must be immediately transmitted to the Consumer in a verifiable manner.
9. If on the moment on presented with the Consumer’s claims the Provider cannot make statements on the enforceability of the guarantee claims, he is obliged to notify the Consumer in five working days on his position – in the case of a refusal, on the reason of his refusal and on the possibility of requesting the services of the Body of Conciliators.
9. The Provider has the obligations of keeping the report for three days beginning with the moment on which said report was closed and to present it on the request of the control organs.
9. The Provider must make all the necessary efforts in order to perform the repair or to exchange the product in maximum fifteen days.
10. Other provisions
10. The Provider has the right to contact collaborators for the performance of his obligations. He will bear the responsibility for any illegal action of such collaborators as if he had committed the illegal action himself.
10. If any part of these present Bylaws would become void, illegal or impossible to be applied, this would not affect the validity, legality and applicability of the other remaining parts.
10. If the Provider does not perform his rights entitled to him based on the Bylaws, the lack of performance of a certain right does not imply a waiver to that right. The waiver of any right is valid only in the case of a clear written statement given in this respect. The fact that the Provider does not insist on the compliance of a certain condition or provision of these Bylaws does not imply the fact that he waives the future possibility of him requesting the strict compliance of the said condition or provision.
10. The Provider and User will try to solve any litigations in an amiable manner.
10. The Parties hereby establish the fact that the Provider’s website is operative in Hungary and that its maintenance will be performed here as well. As the webpage can be visited from other countries, the users will explicitly acknowledge the fact that the governing right law the relations between the User and the Provider is the Hungarian law. If the User is a Consumer, then based on Art. 26, Paragraph (1) within the Civil Procedure Code, the competence for solving any litigations deriving from this present agreement towards the Consumer will be exclusively performed by the Court on the territory from the country of domicile of the defendant’s (Consumer’s).
11. Management of claims
11. The purpose of our store is to address all the orders with qualitative services in order to ensure the maximum satisfaction of the Beneficiary. In the case in which the User still has some objections concerning the agreement or its performance, he can show his claims by telephone, e-mail address or via post service at the address mentioned above.
11. The Provider will investigate the claim with no further delay and will solve it according to the needs. If the Buyer does not agree to the handling of his claim, or if the immediate solving of the situation is not possible, the Provider will make a report on the claim and will state his position in this respect and will hand in the Buyer a copy of this report.
11. For written claims, the Provider will send a written response in maximum 30 days. In case of a refusal, he will make a written motivation in this respect. A copy of the claim and of his response will be kept by the Provider for five years and if requested to do so, will show them to the control organs.
11. We hereby inform you that in the case of your claim being refused, you ca contact authorities or the Body of Conciliators as follows:
11. The Consumer can address his claim before the authority for Consumer’s Protection:
In the first instance, before the regional authority, in accordance with Government’s Ordinance no. 387/2016 (XII.2.) concerning the appointment of the authority for Consumer’s Protection, and according to the county of residence, respectively, and with an appeal before the Prefecture of the County of Pest, which will proceed with a national competence.
11. The Consumer has the possibility to address the Body of Conciliators in relations with his claim, with the following possibilities of contact:
Bács-Kiskun Megyei Békéltető Testület
(Body of Conciliators in the County of Bács-Kiskun)
Address: 6000 Kecskemét, Árpád krt. 4.
Telephone: (76) 501-525, (76) 501-500
Fax: (76) 501-538
Name: Mátyus Mariann
E-mail address: bkmkik@mail.datanet.hu;
Baranya Megyei Békéltető Testület
(Body of Conciliators in the County of Baranya)
Address: 7625 Pécs, Majorossy Imre u. 36.
Address for correspondence purposes: 7602 Pécs, Pf. 109.
Telephone: (72) 507-154
Fax: (72) 507-152
Name: Dr. Bodnár József
E-mail address: bekelteto@pbkik.hu;
Békés Megyei Békéltető Testület
(Body of Conciliators in the County of Békés)
Address: 5601 Békéscsaba, Penza ltp. 5.
Telephone: (66) 324-976, 446-354, 451-775
Fax: (66) 324-976
Name: Dr. Bagdi László
E-mail address: bmkik@bmkik.hu;
Borsod-Abaúj-Zemplén Megyei Békéltető Testület
(Body of Conciliators in the County of Borsod-Abaúj-Zemplén)
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone: (46) 501-091, 501-870
Fax: (46) 501-099
Name: Dr. Tulipán Péter
E-mail address: kalna.zsuzsa@bokik.hu;
Budapesti Békéltető Testület
(Body of Conciliators in Budapest)
Address: 1016 Budapest, Krisztina krt. 99.
Telephone: (1) 488-2131
Fax: (1) 488-2186
Name: Dr. Baranovszky György
E-mail address: bekelteto.testulet@bkik.hu;
Csongrád Megyei Békéltető Testület
(Body of Conciliators in the County of Csongrád)
Address: 6721 Szeged, Párizsi krt. 8-12.
Telephone: (62) 554-250/118 mellék
Fax: (62) 426-149
Name: Dékány László, Jerney Zoltán
E-mail address: bekelteto.testulet@csmkik.hu;
Fejér Megyei Békéltető Testület
(Body of Conciliators in the County of Fejér)
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Telephone: (22) 510-310
Fax: (22) 510-312
Name: Kirst László
E-mail address: fmkik@fmkik.hu;
Győr-Moson-Sopron Megyei Békéltető Testület
(Body of Conciliators in the County of Győr-Moson-Sopron)
Address: 9021 Győr, Szent István út 10/a.
Telephone: (96) 520-202; 520-217
Fax: (96) 520-218
Name: Horváth László
E-mail address: bekeltetotestulet@gymskik.hu;
Hajdú-Bihar Megyei Békéltető Testület
(Body of Conciliators in the County of Hajdú-Bihar)
Address: 4025 Debrecen, Petőfi tér 10.
Telephone: (52) 500-749
Fax: (52) 500-720
Name: Dr. Hajnal Zsolt
E-mail address: info@hbkik.hu;
Heves Megyei Békéltető Testület
(Body of Conciliators in the County of Heves)
Address: 3300 Eger, Faiskola út 15.
Address for correspondence purposes: 3301 Eger, Pf. 440.
Telephone: (36) 416-660/105 mellék
Fax: (36) 323-615
Name: Pintérné Dobó Tünde
E-mail address: tunde@hkik.hu;
Jász-Nagykun-Szolnok Megyei Békéltető Testület
(Body of Conciliators in the County of Jász-Nagykun-Szolnok)
Address: 5000 Szolnok, Verseghy park 8.
Telephone: (56) 510-610
Fax: (56) 370-005
Name: Dr. Lajkóné dr. Vígh Judit
E-mail address: kamara@jnszmkik.hu;
Komárom-Esztergom Megyei Békéltető Testület
(Body of Conciliators in the County of Komárom-Esztergom)
Address: 2800 Tatabánya, Fő tér 36.
Telephone: (34) 513-010
Fax: (34) 316-259
Name: Dr. Rozsnyói György
E-mail address: kemkik@kemkik.hu;
Nógrád Megyei Békéltető Testület
(Body of Conciliators in the County of Nógrád)
Address: 3100 Salgótarján, Alkotmány út 9/a
Telephone: (32) 520-860
Fax: (32) 520-862
Name: Dr. Pongó Erik
E-mail Address: nkik@nkik.hu;
Pest Megyei Békéltető Testület
(Body of Conciliators in the County of Pest)
Address: 1119 Budapest, Etele út 59-61. 2. em. 240.
Telephone: (1)-269-0703
Fax: (1)-269-0703
Name: dr. Csanádi Károly
E-mail address: pmbekelteto@pmkik.hu
Honlap cím: www.panaszrendezes.hu
Somogy Megyei Békéltető Testület
(Body of Conciliators in the County of Somogy)
Address: 7400 Kaposvár, Anna utca 6.
Telephone: (82) 501-000
Fax: (82) 501-046
Name: Dr. Novák Ferenc
E-mail address: skik@skik.hu;
Szabolcs-Szatmár-Bereg Megyei Békéltető Testület
(Body of Conciliators in the County of Szabolcs-Szatmár-Bereg)
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Telephone: (42) 311-544, (42) 420-180
Fax: (42) 311-750
Name: Görömbeiné dr. Balmaz Katalin
E-mail address: bekelteto@szabkam.hu;
Tolna Megyei Békéltető Testület
(Body of Conciliators in the County of Tolna)
Address: 7100 Szekszárd, Arany J. u. 23-25.
Telephone: (74) 411-661
Fax: (74) 411-456
Name: Mátyás Tibor
E-mail address: kamara@tmkik.hu;
Vas Megyei Békéltető Testület
(Body of Conciliators in the County of Vas)
Address: 9700 Szombathely, Honvéd tér 2.
Telephone: (94) 312-356
Fax: (94) 316-936
Name: Dr. Kövesdi Zoltán
E-mail address: pergel.bea@vmkik.hu
Veszprém Megyei Békéltető Testület
(Body of Conciliators in the County of Veszprém)
Address: 8200 Veszprém, Budapest u. 3.
Telephone: (88) 429-008
Fax: (88) 412-150
Name: Dr. Óvári László
E-mail address: vkik@veszpremikamara.hu
Zala Megyei Békéltető Testület
(Body of Conciliators in the County of Zala)
Address: 8900 Zalaegerszeg, Petőfi utca 24.
Telephone: (92) 550-513
Fax: (92) 550-525
Name: dr. Koczka Csaba
E-mail address: zmbekelteto@zmkik.hu
11. The Body of Conciliators has the competence of solving the litigations outside the Court. The task of the Body of Conciliators is to try to obtain an agreement between the parties for the purpose of solving the litigations, and in the event in which it fails to do so, to take a decision in the interest of assuring the efficient validation and with the smallest costs of the consumers’ rights. On the consumer or Provider’s request, the Body of Conciliators, will offer counselling in what concerns the consumer’s rights and obligations.
11. For the litigations extended over borders concerning online sales-purchase agreements, or online services, the competence of procedure development belongs exclusively to the Body of Conciliators attached to the Chamber of Commerce and Industry in the capital.
11. In the event of complaints, the Consumer can also use the European online platform for solving the litigations. The accessing of the platform requires a simple registration in the system of the European Committee, by clicking here. After logging in, the Consumer can forward his complaint on the website by using the following address: http://ec.europa.eu/odr
11. During the conciliation procedure, the Provider has the obligation to collaborate in this respect. During the development of said procedure he is obliged to send to the Body of Conciliators a counter claim and to send a representative during the hearing, who has the right to close an agreement. If the company’s registered seat or lucrative point is not registered in the county where the Chamber to which the Body of Conciliators is attached has the territorial competence, the company’s obligation of collaboration is extended up to the offering of the possibility of closing a written agreement which would be in accordance with the Consumer’s requests.
• If the Consumer does not request the services of the Body of Conciliators, or if the procedure was not successful, then the Consumer has the right to address the Court for the purpose of solving the litigation in question. The process must be opened with an action which should indicate the following information:
• The procedural Court;
• The name, domicile and procedural status of the parties and of their representatives, respectively;
• The right desired to be put into action, stating the facts grounding him and the afferent proofs;
• Those data which can establish the Court’s competence and jurisdiction;
• The final request on which the Court must take a decision.
The document or copy of such document whose content is mentioned to be a proof must be attached to the action.
12. Author rights
12. Due to the fact that evidence.hu, as a webpage, is considered to be a creation bearing author rights, the downloading (multiplication), re-distribution or use in any manner, the electronic storage, processing or capitalization of their contents, or of parts of their content from page Evidence.hu is forbidden without the Provider’s written approval.
12. The taking over of any materials from webpage Evidence.hu and from its database, even with the written agreement, can only be made by making a reference to the webpage in question.
12. The Provider reserves his rights on all the elements of his services, on the names of domains, names of secondary domains generated by the first and also on the publicity platforms on the Internet.
12. The adaptation or decoding of the content or part of the content of webpage Evidence.hu; the fraudulent set-up of the indicators and passwords; the use of any application which could modify or index the content of the webpage or part of it are strictly forbidden.
12. The name of Evidence.hu enjoys the protection of the author’s right and the use of such name, except for reference purposes, is only possible with the written agreement of the Provider
12. The User will acknowledge the fact that if using such data in the absence of the authorization to use them, the Provider is entitled to claim compensations. The value of the compensation is of 60.000 HUF gross per image, and 20.000 HUF gross per word, respectively. The User will acknowledge the fact that such request for compensation is not exaggerated and will navigate the website as a consequence. In the case of violation of his author’s rights, the Provider will request the notary certification of the deeds and the afferent taxes will be declined to the User.
13. Data protection
The information concerning the processing of personal data can be accessed on page: http://www.evidence.hu/adatvedelem
Dunaharaszti, 13th of August 2018.