Epicurea.eu GTC
This is an automatically generated English translation of the Hungarian legal document. In case of any discrepancies, the Hungarian version shall prevail for legal purposes.
General Terms and Conditions
A contract concluded on the basis of this document will not be registered (it is not accessible afterwards, the conclusion of the contract is proven by the order data), it is concluded by a legal declaration made with referring behavior, it does not qualify as a written contract, it is written in Hungarian, it does not refer to a code of conduct. In case of questions arising regarding the operation of the webshop, the ordering and delivery process, we are at your disposal at the given contact details.
The scope of these GTC covers legal relationships on the Service Provider's website (https://epicurea.eu) and its subdomains. These GTC are continuously available (and can be downloaded and printed at any time) from the following website: https://epicurea.eu/aszf.
Definitions:
User: Any natural person, legal person or organization that uses the services of the Service Provider and enters into a contract with the Service Provider.
Consumer: A User who is a natural person acting outside the scope of his profession, independent occupation or business activity.
Enterprise: A person acting within the scope of his profession, independent occupation or business activity.
Service Provider: A natural person or legal person or organization without legal personality providing a service related to the information society, who provides a service to the User and who enters into a contract with the User.
1. SERVICE PROVIDER INFORMATION
Name of the service provider: Horizonte Hungary Zrt.
Headquarters of the service provider (and also place of complaint handling): 1062 Budapest, Bajza utca 56. 2nd floor. Door 2
Contact information of the service provider, regularly used electronic mail address for contact with users: epicurea@horizonte.as
Company registration number/registration number of the service provider: 01-10-047963
Tax number of the service provider: 24794699-2-42
Name of the registering authority/licensing authority and license number (if any): Budapest Metropolitan Court of Justice
Phone number of the service provider: +36 1 701 0958
Language of the contract: Hungarian
Name, address, e-mail address of the hosting service provider:
Hetzner Online GmbH
Industriestr.25, 91710 Gunzenhausen, Germany
Tel.: +49 (0)9831 505-0
E-mail: info@hetzner.com
2. BASIC PROVISIONS
2.1. Issues not regulated in these GTC and the interpretation of these GTC are governed by Hungarian law, with particular regard to the provisions of Act V of 2013 on the Civil Code ("Civil Code") and Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society (Elker. tv.) and Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. For special products, the relevant sectoral legal provisions shall apply. The mandatory provisions of the relevant legal provisions shall apply to the parties without any special stipulation.
2.2. These GTC shall be effective from December 13, 2024 and shall remain in effect until withdrawn. The Service Provider shall publish the amendments to these GTC on the website and shall notify registered/or previously purchased Users of the change by e-mail. The amendments shall not affect previously concluded contracts, i.e. the amendments shall not have retroactive effect.
2.3. The Service Provider reserves all rights to the website, any part thereof and the contents appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the contents appearing on the website or any part thereof without the written consent of the Service Provider (except for this document and the data management information).
2.4. The Service Provider assumes no liability for the sale and purchase of products published on other websites not affiliated with the Service Provider and not operated by the Service Provider.
3. REGISTRATION / PURCHASE
3.1. In the event of false data provided during the use/order/subscription of the service or data that can be linked to another person, the party entitled to do so may challenge the resulting electronic contract in court. As a result of a successful challenge (successful outcome), the contract becomes invalid from the date of its conclusion, or if it conceals another contract, the rights and obligations of the parties shall be assessed on the basis of the concealed contract.
3.2. The Service Provider is not liable for any delivery delay or other problems or errors attributable to data provided incorrectly and/or inaccurately by the User. However, the Service Provider informs Users that, after consultation with the User and clear identification, they may correct the incorrectly entered data in the order so that billing and delivery are not hindered.
3.3. The Service Provider is not liable for any damages resulting from the User forgetting their password or if it becomes accessible to unauthorized persons for any reason not attributable to the Service Provider (if there is registration on the site).
4. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE AND PRICES
4.1.The displayed products can be ordered online (in some cases by phone) from the webshop. The prices displayed for the products are in HUF, gross prices (i.e. they include the VAT required by law, or if the Service Provider invoices without VAT, the prices are the amounts to be paid), but do not include fees related to shipping and payment. Separate packaging costs - will not be charged, unless the User requests decorative or other special packaging.
4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays a photo of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider fully informs Users about the promotion and its exact duration. When determining the promotional prices, the Service Provider acts lawfully, in accordance with the rules of Joint Decree 4/2009. (I. 30.) NFGM-SZMM on the detailed rules for indicating the selling price and unit price of products, as well as the fees for services.
4.4. If, despite all the care of the Service Provider, a price is placed on the Web Store surface for which the Service Provider does not have the will to conclude a contract, the Service Provider is not obliged to confirm the order at that price, but has the option to reject the offer and may offer confirmation at a price it deems appropriate, in the knowledge of which the User has the right not to accept the modified offer.
According to Act V of 2013 on the Civil Code (Ptk.), the contract is concluded with the mutual and unanimous expression of the parties' will. If the parties cannot agree on the contractual terms, i.e. there is no statement expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract, from which rights and obligations would arise.
5. ORDER PROCEDURE
5.1. The user logs in to the webshop after registration/or can start shopping without registration.
5.2. The user places the selected products in the cart. The user can view the contents of the cart at any time by clicking on the “cart” icon.
5.3. The user sets the product and number of products he wants to purchase.
5.4. If he does not want to purchase any more products, he checks the number of products he wants to purchase. He can delete the contents of the cart by clicking on the “delete - X” icon. To finalize the quantity, the User clicks on the "up arrow/down arrow" icon.
5.5. The User enters the delivery address and then the delivery/payment method, the types of which are as follows:
5.5.1. Payment methods:
Online with bank card: The User has the option to pay the total value of the order online with a bank card through the secure payment system of the financial service provider used by the Service Provider.
Payment by bank card with SimplePay:
I acknowledge that the following personal data stored in the https://epicurea.eu user database by the data controller Horizonte Hungary Zrt. (1062 Budapest, Bajza utca 56. 2. em. 2. ajtó) will be transferred to OTP Mobil Kft., as the data processor. The scope of data transmitted by the data controller is as follows: Billing name and address, e-mail, telephone number.
The nature and purpose of the data processing activity carried out by the data processor can be viewed in the SimplePay Data Processing Information, at the following link: https://simplepay.hu/adatkezelesi-tajekoztatok/</ p>
5.5.2. Shipping costs (gross amounts):
Next-day delivery (orders placed before 12:00)
0-2.5 kg 2,200 HUF,
2.5-5 kg 2850 HUF,
5 kg and above 3550 HUF.
On-site collection (4 hours after settlement)
0-2.5 kg 800 HUF,
2.5-5 kg 1100 HUF,
5 kg and over 1600 HUF.
5.6. The total amount to be paid includes all costs based on the order summary and confirmation letter. The user is obliged to verify without delay, pursuant to Section 6:127 of the Hungarian Civil Code, whether the quality and quantity of the ordered product(s) are appropriate. The product(s) ) is delivered on working days between 8 am and 5 pm.
5.7. After entering the data, the User can send his order by clicking on the "payment" button, but before that he can check the data provided once again and send a comment with his order. , or you can send us other order-related requests by e-mail.
5.8. By placing an order, the User acknowledges that Section 15 of Government Decree 45/2014. (II. 26.), and According to other terms and conditions (e.g. § 20), the order creates a payment obligation.
5.9.Correction of data entry errors: Before closing the ordering process, the user can always go back to the previous phase, where he can correct the entered data. In detail: During the order, it is possible to view and modify the contents of the cart if the cart does not contain the desired quantity. , the User can enter the quantity of the quantity they wish to order in the data entry field in the quantity column. If the User wishes to delete the products in the cart, they click on the “X” “delete” button. During the order, the User has the continuous opportunity to correct the entered data /cancel. The user has the option to request correction of any errors by phone or e-mail even after sending the order.
5.10. The user will receive a confirmation by e-mail after sending the order. If this confirmation does not arrive at the User within the expected deadline depending on the nature of the service, but no later than 48 hours from the date of sending the User's order, the User is released from the offer or contractual obligation. The order and its confirmation shall then be deemed to have been received by the Service Provider and the User. , when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation does not arrive on time because the User provided an incorrect e-mail address during registration or cannot receive messages due to the storage space belonging to his account being full.
5.11. The User acknowledges that the confirmation mentioned in the previous point is only an automatic confirmation and does not create a contract. The contract is created when the Service Provider notifies the User of the details of the order in another e-mail following the automatic confirmation mentioned in the previous point. and expected performance.
5.12.Publishing customer reviews, rules
Our web store only contains customer reviews submitted by customers who have purchased or used the product. We do not select reviews by displaying only positive reviews. It is strictly forbidden to publishing false consumer reviews or recommendations in order to promote.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed during business hours. Orders can also be placed outside of the times indicated for order processing. , if it occurs after the end of working hours, it will be processed on the following working day. In all cases, the Service Provider will confirm electronically when it will be able to fulfill your order.
6.2. General delivery deadline, within 1-2 business days from the conclusion of the contract.
6.3. Based on the purchase contract, the Service Provider is obliged to transfer the ownership of the item, the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by him takes possession of the item. The risk of damage passes to the buyer upon delivery to the carrier, if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.
6.5. In the event of delay by the Service Provider, the User is entitled to set an additional deadline. If the seller fails to perform within the additional period, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional period if
a) the Service Provider has refused to perform the contract; or
b) the contract should have been performed at the specified performance time - and not at another time - according to the agreement of the parties or due to the recognizable purpose of the service.
If the Service Provider is in delay, the User may demand performance, or if his interest in the performance of the contract has ceased as a result of the delay, he may withdraw from the contract.
The User does not need to prove the cessation of the interest in the performance for withdrawal if
a) the contract should have been performed at the specified performance time - and not at another time - according to the agreement of the parties or due to the recognizable purpose of the service; or
b) the entitled party has set an appropriate additional deadline for subsequent performance, and the additional deadline has passed without result.
6.7. If the Service Provider does not fulfill its contractual obligation because the product specified in the contract is not available, it is obliged to inform the User immediately and to refund the amount paid by the User immediately, and the Service Provider is obliged to ensure that the User enforces his other rights provided for by law in the event of defective performance.
6.8. The Service Provider draws the attention of the Users that if the User does not take over the ordered product(s) that have been performed in accordance with the contract (regardless of the payment method), he commits a breach of contract, specifically according to Section 6:156 of the Civil Code. § (1) is in default.
This means that, based on the rules of non-order business, the Service Provider – if the Consumer does not indicate his intention to withdraw (and does not make a declaration whether he wishes to receive the ordered product(s) – will also claim the usual storage costs and the shipping costs (there and back) related to the product(s) against the Users.
The Service Provider draws the Users' attention to the fact that in order to enforce our legal claims arising in this way, it will use the assistance of a debt collector and/or a lawyer, thus the User will also be responsible for paying other (legal) costs arising from the breach of contract (including the fees for the payment order procedure).
7. RIGHT OF WITHDRAWAL
7.1.Directive 2011/83/EU of the European Parliament and of the Council, as well as Government Decree 45/2014. (II.26.) on the detailed rules for contracts between consumers and businesses. According to the regulation, the Consumer has the right of withdrawal without giving any reason.
The Consumer may exercise his right of withdrawal or termination
a) in the case of a contract for the sale of a product
aa) of the product,
ab) in the case of the sale of several products, if the individual products are provided at different times, of the last product provided,
ac) in the case of a product consisting of several items or pieces, of the last item or piece provided,
ad) if the product must be provided regularly within a specified period, of the first service,
within fourteen days from the date of receipt by the Consumer or a third party other than the carrier indicated by him.
If the Service Provider does not comply with this information, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information within 12 months after the expiry of 14 days from the date of receipt of the product or the conclusion of the contract for the provision of the service, the withdrawal period is 14 days from the date of the provision of this information.
7.2. The Consumer may exercise his right of withdrawal by making a clear statement to this effect or by means of the declaration template specified in Annex 2 of Government Decree 45/2014. (II.26.).
7.3. The period open for exercising the right of withdrawal expires 14 days from the day on which the Consumer, or a third party other than the carrier indicated by him, takes possession of the product.
7.4. The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
7.5. The direct cost of returning the product must be borne by the Consumer, the company has not undertaken to bear this cost.
7.6.In the event of exercising the right of withdrawal, the Consumer shall not be charged any costs other than the direct cost of returning the product.
7.7. The Consumer shall not be entitled to the right of withdrawal in the case of a non-prefabricated product that was produced on the basis of the Consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the Consumer.
7.8. The Consumer may also not exercise his right of withdrawal (full list of exceptions according to the regulation):
a) in the case of a contract for the provision of services, after the full performance of the service, but if the contract creates a payment obligation for the consumer, only if the performance began with the express prior consent of the consumer and the consumer's acknowledgement that he will lose his right of withdrawal as soon as the undertaking has fully performed the contract;
b) in the case of a good or service whose price or fee cannot be influenced by the undertaking on the financial market and is subject to possible fluctuations during the period specified in Section 20(2);
c) in the case of non-prefabricated goods that were produced on the basis of the consumer's instructions or at his express request, or in the case of goods that were clearly tailored to the consumer's personality;
d) in the case of perishable goods or goods that retain their quality for a short time;
e) in the case of goods in sealed packaging which cannot be returned after being opened after delivery for health or hygiene reasons;
f) in the case of goods which, by their nature, are inseparably mixed with other goods after delivery;
g) in the case of alcoholic beverages the actual value of which depends on market fluctuations in a way that cannot be influenced by the undertaking, and the price of which was agreed upon by the parties when concluding the sales contract, but the contract is only fulfilled after the thirtieth day following its conclusion;
h) in the case of a business contract in which the undertaking visits the consumer at the express request of the consumer for the purpose of carrying out urgent repair or maintenance work;
i) in the case of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
j) newspapers, in respect of periodicals and periodicals, with the exception of subscription contracts;
k) in the case of contracts concluded at a public auction;
l) in the case of a contract for the provision of accommodation, except for housing services, transport, car rental, catering or a contract for a service related to leisure activities, if a performance deadline or time limit specified in the contract has been stipulated;
m) in respect of digital content provided on a non-tangible data medium, if the undertaking has commenced the performance with the express prior consent of the consumer and, at the same time as this consent, the consumer has declared his acknowledgement that he will lose his right of withdrawal/termination after the commencement of the performance, and the undertaking has sent a confirmation to the consumer in accordance with Section 12(2) or Section 18.
7.9.The Service Provider shall immediately, but no later than fourteen days after becoming aware of the withdrawal, refund the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance. However, the Service Provider shall have a right of retention.
7.10. During the refund, we will use the same payment method as the payment method used in the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer shall not incur any additional costs as a result of the use of this refund method.
7.11. The consumer is obliged to return the goods without undue delay, but in no case later than 14 days from the date on which the notification of withdrawal from the contract was sent to the Service Provider. If the business also sells the goods in its business premises and the consumer exercises his right of withdrawal in person at the business premises of the business, he is entitled to return the goods to the business at the same time.
7.12. In the event of a written withdrawal, it is sufficient for the consumer to send the withdrawal declaration within 14 days.
7.13. The consumer meets the deadline if he returns or hands over the product(s) before the expiry of the 14-day period. The return is deemed to have been completed within the deadline if the consumer sends the product before the expiry of the deadline.
7.14.The consumer shall bear only the direct cost of returning the product.
7.15. The Service Provider is not obliged to reimburse the Consumer for additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider.
7.16. The Service Provider may withhold the refund until the goods have been returned or the Consumer has provided evidence that they have been returned: whichever is the earlier.
7.17. If the Consumer wishes to exercise his right of withdrawal, he may do so by contacting one of the Service Provider's contact details in writing (either using the attached form), by telephone or even in person. In the event of a written notification by post, the date of posting will be taken into account, and in the event of a notification by telephone, the date of notification by telephone. The ordered product may be returned to the Consumer Service Provider by post or by courier service.
7.18. The consumer is only liable for any depreciation resulting from use exceeding the use necessary to establish the nature, properties and operation of the product.
7.19. Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses can be found here.
7.20.Directive 2011/83/EU of the European Parliament and of the Council here is available
7.21. Consumers may also contact the Service Provider with other complaints using the contact details provided in these GTC.
7.22. The right of withdrawal applies only to Users who are consumers under the Civil Code.
7.23. The right of withdrawal does not apply to businesses, i.e. persons acting within the scope of their profession, independent occupation or business activity.
7.24. (Applicable only if the Service Provider also provides services in addition to the sale.) If the Consumer terminates the distance contract after the commencement of performance, he is obliged to pay the enterprise a fee proportional to the service provided up to the date of notification of the termination to the enterprise. The amount to be paid by the Consumer proportionally shall be determined based on the total amount of the consideration agreed in the contract plus tax. If the Consumer proves that the total amount thus determined is excessively high, the proportional amount shall be calculated based on the market value of the services provided up to the date of termination of the contract.
7.24. Procedure for exercising the right of withdrawal:
7.24.1. If the Consumer wishes to exercise the right of withdrawal, he is obliged to indicate his intention to withdraw at the Service Provider's contact details.
7.24.2.The Consumer exercises his right of withdrawal within the deadline if he sends his declaration of withdrawal before the expiry of the 14th day from the receipt of the product. In the case of a written withdrawal, it is sufficient to send only the declaration of withdrawal within 14 days. In the case of notification by post, the date of posting is taken into account, and in the case of notification by email, the time of sending the email is taken into account.
7.24.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of communication of his declaration of withdrawal. The deadline is considered to have been met if the product is sent before the expiry of the 14-day deadline (i.e. it does not have to arrive within 14 days). The customer bears the direct costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal. If the business also sells the goods in its business premises and the consumer exercises his right of withdrawal in person at the business premises, he is entitled to return the goods to the business at the same time.
7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Consumer also exercises his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
7.24.5. When buying and selling multiple products, if the individual products are delivered at different times, the buyer may exercise the right of withdrawal within 14 days of receiving the last delivered product, or in the case of a product consisting of multiple items or pieces, the last delivered item or piece.
8. WARRANTY
Defective performance
The obligated party performs defectively if the service does not meet the quality requirements established in the contract or by law at the time of performance. The obligor shall not perform defectively if the entitled party was aware of the defect at the time of conclusion of the contract or should have been aware of the defect at the time of conclusion of the contract.
A clause in a contract between a consumer and a business that deviates from the provisions of this chapter on the warranty and guarantee to the detriment of the Consumer is void.
User qualifying as a business: a person who acts within the scope of his profession, independent occupation or business activity.
Warranty of conformity
8.1. In which cases can a User exercise his right to warranty of conformity?
In the event of defective performance by the Service Provider, the User may assert a warranty of conformity claim against the Service Provider in accordance with the provisions of the Civil Code.
8.2. What rights does the User have based on his warranty of conformity claim?
The User may – at his/her choice – make the following claims under the warranty: he/she may request repair or replacement, unless the fulfillment of the claim chosen by the User from these is impossible or would entail disproportionate additional costs for the enterprise compared to the fulfillment of his/her other claim. If the repair or replacement was not requested or could not be requested, he/she may request a proportional reduction in the consideration or – as a last resort – may withdraw from the contract. He/she may also transfer his/her chosen warranty right to another, but the User shall bear the cost of the transfer, unless it was justified or the enterprise gave a reason for it.
The consumer is also entitled - in accordance with the severity of the breach of contract - to request a proportional reduction of the consideration or to terminate the purchase contract if
a) the business did not carry out the repair or replacement, or carried it out but did not partially or completely dismantle and re-install the goods, or refused to make the goods conform to the contract;
b) a repeated failure to perform has occurred, despite the fact that the business attempted to make the goods conform to the contract;
c) the failure to perform is of such gravity that it justifies an immediate price reduction or immediate termination of the purchase contract; or
d) the business has not undertaken to bring the goods into conformity with the contract, or it is obvious from the circumstances that the business will not bring the goods into conformity with the contract within a reasonable time or without significant harm to the consumer.
If the consumer wishes to terminate the purchase contract on the basis of defective performance, the business shall bear the burden of proving that the defect is insignificant.
The consumer shall be entitled to withhold the remaining part of the purchase price, in part or in whole, depending on the severity of the breach of contract, until the business has fulfilled its obligations relating to the conformity of the performance and the defective performance.
The reasonable period for the repair or replacement of the goods shall be calculated from the time when the consumer notified the business of the defect.
The consumer must make the goods available to the business for the repair or replacement to be carried out.
The business must ensure the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods that, in accordance with the nature and purpose of the goods, were put into service before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods delivered or repaired as a replacement or bearing the costs of removal or putting into service.
The reduction of the consideration is proportionate if its amount is equal to the difference between the value of the goods that the consumer would have received in the event of performance in accordance with the contract and the value of the goods actually received by the consumer.
The consumer's right to terminate the purchase contract under the warranty of the goods may be exercised by means of a legal declaration addressed to the business expressing the decision to terminate.
If the defective performance affects only a specific part of the goods supplied under the purchase contract and the conditions for exercising the right to terminate the contract are met, the consumer may terminate the purchase contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them, if the consumer cannot reasonably be expected to keep only the goods that comply with the contract.
If the consumer terminates the purchase contract in whole or in part of the goods supplied under the purchase contract,
a) the consumer must return the goods concerned to the business at the expense of the business; and
b) the business must immediately refund the consumer the purchase price paid for the goods concerned as soon as it has received the goods or the proof of return of the goods.
8.3. Within what time limit can the User assert his warranty claim?
The User (if he is a consumer) is obliged to notify the defect immediately after its discovery, but no later than within two months of its discovery. However, we draw your attention to the fact that he may no longer assert his warranty rights beyond the two-year (1-year in the case of a business or used products) limitation period from the performance of the contract. (In the case of products with an expiration date, the warranty for goods with a warranty period can be enforced until the expiration date).
If the purchase contract for goods containing digital elements provides for the continuous provision of digital content or a digital service over a specified period of time, the enterprise is liable for any defect in the goods related to the digital content or digital service, if the defect
a) occurs or becomes recognizable within two years of the provision of the goods in the case of continuous provision not exceeding two years; or
b) occurs or becomes recognizable during the entire duration of the continuous provision in the case of continuous provision exceeding two years.
8.4. Against whom can the warranty claim be asserted?
The User may assert his warranty claim against the Service Provider.
8.5.What other conditions are there for enforcing your warranty rights (if the User qualifies as a Consumer)?
Within 1 year of performance, there are no other conditions for enforcing your warranty claim, other than reporting the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after 1 year from performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.
Product warranty
8.6. In what cases can the Consumer exercise his product warranty right and what rights does the Consumer have based on his product warranty claim?
In the event of a defect in a movable item, the Consumer may - at his choice - exercise his right to a warranty for goods or assert a product warranty claim in accordance with the rules of the Civil Code.
As a product warranty claim, the Consumer may request the repair or replacement of the defective product.
8.7. Against whom can he assert his product warranty claim?
He may exercise his product warranty rights against the manufacturer or distributor of the product (hereinafter collectively referred to as: manufacturer).
8.8. In what cases is a product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of its release to the market, or if it does not have the properties specified in the description given by the manufacturer.
8.9. Within what time limit can the Consumer assert his product warranty claim?
The Consumer may assert his product warranty claim within two years from the date the product was released to the market by the manufacturer. After this time limit, he loses this right.
8.10. What is the rule of proof that applies when asserting a product warranty claim?
In the event of asserting a product warranty claim, you must prove that the product defect existed at the time the product was released to the market by the manufacturer.
8.11. In what cases is the manufacturer exempted from its product warranty obligation?
The manufacturer is exempted from its product warranty obligation if it can prove that
- the product was not manufactured or placed on the market as part of its business activities, or
- the defect was not detectable at the time of placing on the market according to the state of science and technology, or
- the defect in the product results from the application of a law or a mandatory official regulation.
The manufacturer needs to prove a reason to be exempted.
Please note that the Consumer may assert a warranty claim against the company and a product warranty claim against the manufacturer at the same time, in parallel, due to the same defect. If his product warranty claim is successfully asserted, he may further assert his warranty claim for the replaced product or the part of the product affected by the repair only against the manufacturer.
8.12.In the case of a contract between a consumer and a business, it shall be presumed, until proven otherwise, that the defect recognized by the consumer within 1 year after performance already existed at the time of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect. Accordingly, the Service Provider shall not be liable for any warranty or guarantee if it can prove that the damage resulted from incorrect or careless handling after the transfer of the risk of damage, excessive use, or effects other than those specified, or other improper use of the products.
9. PROCEDURE IN THE EVENT OF A WARRANTY CLAIM
(IN THE CASE OF USERS QUALIFIED AS CONSUMERS)
9.1.In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of Decree 19/2014. (IV. 29.) of the Ministry of Justice on the procedural rules for handling warranty and guarantee claims regarding things sold within the framework of a contract between a consumer and a business to the detriment of the Consumer.
9.2. The Consumer is obliged to prove the conclusion of the contract (with an invoice, or even just a receipt).
9.3. The costs related to the fulfillment of the warranty obligation are borne by the Service Provider (Ptk. 6:166. §).
9.4. The Service Provider is obliged to record the warranty or guarantee claim reported to it by the Consumer.
9.5.A copy of the report must be made available to the Consumer immediately and in a verifiable manner.
9.6. If the Service Provider is unable to state the feasibility of the Consumer's warranty or guarantee claim upon notification thereof, it must notify the Consumer of its position – and in the event of rejection of the claim, the reason for the rejection and the possibility of contacting the conciliation body – within five working days in a verifiable manner.
9.7. The Service Provider must keep the report for three years from the date of its recording and present it to the supervisory authority upon request.
9.8. The Service Provider must strive to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the consumer of the expected duration of the repair or replacement. The information shall be provided, with the consumer's prior consent, electronically or in another manner suitable for proof of receipt by the consumer.
10. MISCELLANEOUS PROVISIONS
10.1. The Service Provider is entitled to use a collaborator to fulfill its obligations. It shall be fully liable for the unlawful conduct of such collaborator, as if it had committed the unlawful conduct itself.
10.2. If any part of these GTC becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the remaining parts.
10.3.If the Service Provider does not exercise its rights under the GTC, the failure to exercise the right shall not be considered a waiver of the given right. Any waiver of any right shall only be valid if expressly stated in writing. The fact that the Service Provider does not strictly adhere to any essential condition or provision of the GTC does not mean that it waives its right to insist on strict compliance with the given condition or provision in the future.
10.4. The Service Provider and the User shall attempt to settle their disputes amicably.
10.5. The Parties acknowledge that the Service Provider’s webshop operates in Hungary and is also maintained there. Since the site can also be visited from other countries, the users expressly acknowledge that the governing law in the relationship between the user and the Service Provider is Hungarian law. If the user is a Consumer, the Pp. Pursuant to Section 26 (1), the court of the defendant's (Consumer's) domestic residence shall have exclusive jurisdiction in disputes arising from this contract against the Consumer.
10.6. The Service Provider shall not apply different general access conditions to access to products in the webshop for reasons related to the User's nationality, place of residence or place of establishment.
10.7. The Service Provider – with regard to the payment methods it accepts – does not apply different conditions to the payment transaction for reasons related to the User's nationality, place of residence or place of establishment, the place of account management of the payment account, the place of establishment of the payment service provider or the place of issue of the cash-substitute payment instrument within the Union.
10.8.The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating unjustified territorial blocking and other forms of discrimination based on the customer's nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) Nos. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
11. COMPLAINT HANDLING PROCEDURE
(IN CASE OF USERS QUALIFIED AS CONSUMERS)
11.1. Our store aims to fulfill all orders in appropriate quality and to the full satisfaction of the customer. If the User still has a complaint regarding the contract or its performance, he/she may submit his/her complaint by telephone, e-mail or letter as above.
11.2. The Service Provider shall immediately examine the oral complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint or if immediate investigation of the complaint is not possible, the Service Provider shall immediately record the complaint and its position on it and shall provide a copy thereof to the customer.
11.3. The Service Provider shall respond to the written complaint in writing within 30 days in a manner that can be substantiated and shall take measures to communicate it. It shall justify its position rejecting the complaint. The Service Provider shall keep the minutes of the complaint and a copy of the response for 3 years and shall present them to the supervisory authorities upon their request.
11.4. We inform you that in the event of rejection of your complaint, you may initiate proceedings before an authority or conciliation body with your complaint, as follows (the Service Provider has not made a general declaration of submission):
11.5. The Consumer may file a complaint with the consumer protection authority:
In accordance with paragraphs (1)-(3) of Section 45/A of the Consumer Protection Act and Government Decree 387/2016. (XII. 2.) on the designation of the consumer protection authority. The government office acts as the general consumer protection authority based on the regulation: https://kormanyhivatalok.hu/kormanyhivatalok
11.6. In case of a complaint, the Consumer has the opportunity to contact a conciliation body, the contact details of which can be found here:
|
Name of the conciliation body |
Headquarters and address of the conciliation body: |
Area of jurisdiction |
|
Budapest Conciliation Body |
Budapest |
Budapest |
|
Baranya County Conciliation Board |
Pécs |
Baranya County, |
|
Somogy County, |
||
|
Tolna County |
||
|
Borsod-Abaúj-Zemplén |
Miskolc E-mail address: bekeltetes@bokik.hu |
Borsod-Abaúj-Zemplén County, |
|
Heves County, |
||
|
Nógrád County |
||
|
Csongrád-Csanád County Conciliation Board |
Szeged E-mail address: bekelteto.testulet@csmkik.hu |
Békés County, |
|
Bács-Kiskun County, |
||
|
Csongrád-Csanád County |
||
|
Fejér County Mediation Board |
Székesfehérvár E-mail address: bekeltetes@fmkik.hu; fmkik@fmkik.hu |
Fejér County, |
|
Komárom-Esztergom County, |
||
|
Veszprém County |
||
|
Győr-Moson-Sopron County Conciliation Board |
Győr |
Győr-Moson-Sopron County, |
|
Vas County, |
||
|
Zala County |
||
|
Hajdú-Bihar County Conciliation Board |
Debrecen |
Jász-Nagykun-Szolnok County, |
|
Hajdú-Bihar County, |
||
|
Szabolcs-Szatmár-Bereg County |
||
|
Pest County Conciliation Board |
Budapest E-mail address: pmbekelteto@pmkik.hu |
Pest County |
11.7. The arbitration board is responsible for the out-of-court settlement of consumer disputes. The task of the conciliation board is to attempt to reach an agreement between the parties in order to resolve the consumer dispute; if this is unsuccessful, it will make a decision in the case in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the Consumer or the Service Provider, the conciliation board shall advise on the rights and obligations of the Consumer.
In the conciliation board procedure, in the absence of a settlement, the council shall issue a decision on the merits of the case
a) containing an obligation if
aa) the application is well-founded and the enterprise – registered with the conciliation board or the chamber or announced in its commercial communications – complies with the requirements of Article 36/C. §, in its general declaration of submission pursuant to the procedure, at the beginning of the procedure or at the latest until the decision is made, it has acknowledged the decision of the conciliation body as binding on it, or
ab) the undertaking has not made a declaration of submission, but the application is well-founded and the claim the consumer wishes to enforce does not exceed two hundred thousand forints – neither in the application nor when the decision containing the obligation is made – or
b) it makes a recommendation if the application is well-founded, but the undertaking has stated at the beginning of the procedure that it does not recognise the decision of the council as binding, or if it has not stated at all about its recognition of the decision of the council.
11.8. In the event of a cross-border consumer dispute related to an online sales or online service contract, the conciliation body operated by the chamber designated by the minister responsible for consumer protection in a decree is competent.
11.9.In the event of a complaint, the Consumer may use the EU Online Dispute Resolution Platform. Using the platform requires a simple registration in the European Commission system, by clicking here. After that, after logging in, the Consumer may submit his complaint via the online website, the address of which is: http://ec.europa.eu/odr
11.10. The enterprise is obliged to cooperate in the conciliation body procedure, and within this framework, it is obliged to send its response to the conciliation body within the deadline specified in the Fgytv. Except for the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the undertaking shall ensure the participation of the person authorised to conclude a settlement at the hearing. The undertaking's authorised representative to conclude a settlement shall participate online at the online hearing. If the consumer requests a personal hearing, the undertaking's authorised representative to conclude a settlement shall participate at least online at the hearing.
11.11. If the Consumer does not apply to a conciliation body or the procedure has not led to a result, the Consumer may apply to court in order to resolve the dispute. The lawsuit must be initiated with a statement of claim, which must include the following information:
• the court in question;
• the names, residences and legal positions of the parties and their representatives;
• the right sought to be enforced, with a presentation of the facts on which it is based and the evidence thereof;
• the data from which the jurisdiction and competence of the court can be established;
• a firm request for the court's decision.
The statement of claim must be accompanied by the document or a copy of it whose content is referred to as evidence.
12. COPYRIGHTS
12.1.Since https://epicurea.eu, as a website, is considered a copyrighted work, it is prohibited to download (replicate), re-transmit to the public, use in any other way, electronically store, process and sell the contents or any part thereof appearing on the https://epicurea.eu website without the written consent of the Service Provider - except for legal documents, since the User can download the GTC and the data management information without any conditions or restrictions, and store them in any form.
12.2. Any material from the https://epicurea.eu website and its database can only be taken over with written consent by referring to the given website.
12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them and its internet advertising surfaces.
12.4.It is prohibited to adapt or reverse engineer the content or parts of the https://epicurea.eu website; to establish user IDs and passwords in an unfair manner; to use any application with which the https://epicurea.eu website or any part thereof can be modified or indexed.
12.5. The name https://epicurea.eu is protected by copyright, and its use, except for references, is possible only with the written consent of the Service Provider.
12.6. The User acknowledges that in the event of use without a license, the Service Provider is entitled to a penalty. The amount of the penalty is HUF 60,000 gross per image, or HUF 20,000 gross per word. In the event of copyright infringement, the Service Provider applies a notarial certificate of fact, the amount of which is also passed on to the infringing user.
13. DATA PROTECTION
The website's data management information is available at the following page: https://epicurea.eu/adatvedelem
Budapest, December 13, 2024.
Sample declaration of withdrawal
(fill in and return only if you intend to withdraw from the contract)
Recipient (name, postal address, e-mail address, fax number, telephone number): Horizonte Hungary Zrt., 1062 Budapest, Bajza utca 56. 2nd floor. Door 2, epicurea@horizonte.as, +36 1 701 0958
The undersigned declares that he/she withdraws from the sale of the following goods:
Order date/receipt date:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of written notification):
Date: