Terms and Conditions
1. SERVICE PROVIDER INFORMATION
- Name of the service provider: Nándor Mészáros e.v.
- Registered office of the service provider (and complaint handling address): 3936 Háromhuta, Rákóczi út 19.
- Service provider's contact information for regular communication with users via email:burzsujshop@gmail.com
- Company registration number/registry number of the service provider: 59451367
- Tax number of the service provider: 90286984-1-25
- Name of the registering authority / licensing authority and license number (if applicable): National Tax and Customs Administration (NAV)
- Service provider's phone number: +36 30 728 0307
- Language of the contract: Hungarian
Hosting Provider Information:
- Name: Shopify Inc.
- Address: 150 Elgin St, Suite 800, Ottawa, ON, K2P 1L4, Canada
- Phone: +1 888 746 7439
- Email: support@shopify.com
- Website: shopify.com
**2. BASIC PROVISIONS**
**2.1.** For matters not regulated in this General Terms and Conditions (GTC), and for the interpretation of this GTC, Hungarian law shall apply, with particular regard to Act V of 2013 on the Civil Code ("Ptk."), Act CVIII of 2001 on certain aspects of electronic commerce services and information society services ("Elker. tv."), and Government Decree 45/2014 (II.26.) on detailed rules governing contracts between consumers and businesses. For specific products, the relevant sectoral legal provisions shall apply. The mandatory provisions of applicable laws shall apply to the parties without specific stipulation.
**2.2.** This GTC is effective from July 22, 2024, and remains in effect until revoked. Amendments to this GTC will be published by the Service Provider on the website, and registered users or users who have previously made purchases will be notified of changes via email. Amendments do not affect previously concluded contracts and do not have retroactive effect.
**2.3.** The Service Provider reserves all rights regarding the website, any part of it, and the content displayed on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell any content or part thereof from the website without the written consent of the Service Provider (except for this document and the Privacy Policy).
**2.4.** The Service Provider assumes no liability for the sale or purchase of products posted on other websites not operated by or associated with the Service Provider.
**3. REGISTRATION / PURCHASE**
**3.1.** If false or third-party-related information is provided during the use/order/subscription of the service, the resulting electronic contract may be contested by the entitled party in court. If the contestation is successful (i.e., the claimant wins the case), the contract shall become invalid from the time of its conclusion. If the contract conceals another agreement, the rights and obligations of the parties shall be judged based on the concealed contract.
**3.2.** The Service Provider assumes no responsibility for delays in delivery or other issues/errors arising from incorrect and/or inaccurate data provided by the User. However, the Service Provider informs Users that, following consultation and clear identification with the User, incorrect data in the order may be corrected to ensure smooth invoicing and delivery.
**3.3.** The Service Provider is not liable for any damages resulting from the User forgetting their password or if the password becomes accessible to unauthorized parties for reasons not attributable to the Service Provider (if the website requires registration).
**4. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE AND PRICES**
**4.1.** The displayed products can be ordered online from the web store (in certain cases by phone). The prices displayed for the products are in Hungarian Forints (HUF) and are gross prices (i.e., they include the VAT as required by law, or if the Service Provider invoices VAT-free, the prices represent the payable amounts). However, the prices do not include delivery and payment-related charges. No additional packaging costs are charged, except if the User requests decorative or other special packaging.
**4.2.** The Service Provider provides detailed information about the product name, description, and displays photos of the products (if possible) in the webshop.
**4.3.** If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. The Service Provider ensures that promotional pricing complies with the rules of the joint decree 4/2009. (I.30.) NFGM-SZMM on the detailed regulations for displaying sales prices, unit prices of products, and service charges.
**4.4.** If, despite the Service Provider's diligence, a price is displayed on the Web Store that does not reflect the Service Provider's intention to conclude a contract, the Service Provider is not obliged to confirm the order at that price. The Service Provider reserves the right to reject the offer and propose confirmation at a price deemed appropriate, which the User may either accept or decline.
Under the Civil Code (Act V of 2013), a contract is concluded with the mutual and concordant expression of the parties' intent. If the parties cannot agree on the contractual terms—i.e., there is no mutual and concordant declaration of intent—there is no valid contract, and no rights or obligations can arise from it.
**5. ORDER PROCESS**
**5.1.** After registering, the User logs into the webshop or may start shopping without registration.
**5.2.** The User sets the quantity of the desired product(s).
**5.3.** The User adds the selected products to the cart. The User can view the contents of the cart at any time by clicking on the "cart" icon.
**5.4.** If the User does not wish to purchase additional products, they verify the quantities of the items in the cart. By clicking the "delete - X" icon, they can remove items from the cart. To finalize quantities, the User clicks the "+/-" icon.
**5.5.** The User provides the shipping address, then selects the delivery/payment method. Payment options include:
### **5.5.1. Payment Methods:**
**a) Online Credit Card Payment:**
The User can pay the total order amount online using a credit card through the secure payment system of the financial service provider utilized by the Service Provider.
**b) PayPal Payment:**
The steps for paying with PayPal are as follows:
- On the left side of the page, the transaction details are displayed, and on the right side, two options are available:
1. **With a PayPal Account:**
- Enter your valid PayPal ID and password. The partial details of your registered credit card and the payable amount will appear.
- If multiple cards are registered, select the card you wish to use.
- After selecting the card, click "Pay Now" to complete the payment. You will soon be redirected to the store's page.
2. **Without a PayPal Account:**
- Complete a form to pay as a guest without needing to register with PayPal. The form requires the following details (most of which are mandatory):
- **Country**
- **Card Number**
- **Payment Type**
- **Expiration Date:** Enter the card's expiration in MM/YY format.
- **CSC:** The three-digit security code found on the back of the card above the signature field on the right.
- **First Name**
- **Last Name**
- **Address Line 1**
- **Address Line 2 (optional)**
**City:** Város
**State/Province/Region:** Megye
**Postal Code:** Irányítószám
**Telephone:** Telefonszám - Please provide a valid phone number where your bank can reach you if necessary. Be sure to include the country code and area code.
**Email Address:** The confirmation of the payment will be sent to the email address provided here.
Once all fields are filled out, press the “Review and Continue” button at the bottom of the page. This allows you to review your entered data, the amount payable, and your order.
If everything is correct, approve the transaction. You will receive a confirmation email of the successful transaction almost immediately. At the same time, the Service Provider will also receive notification of the successful payment and begin processing your order.
### **5.5.2. Shipping Costs (gross amounts):**
Shipping fee: 1490 Ft
### **5.6.** The total payable amount includes all costs and will be based on the order summary and confirmation email. The User must verify without delay that the quality and quantity of the ordered product(s) meet expectations according to Section 6:127 of the Civil Code. Products will be delivered on working days between 8:00 AM and 5:00 PM.
### **5.7.** After entering the necessary details, the User can send their order by clicking the "submit order/PayPal payment" button. Before submission, the User can review the entered data, add comments to their order, or send additional requests related to the order via email.
### **5.8.** By placing the order, the User acknowledges that, under Section 15 and other conditions (e.g., Section 20) of Government Decree 45/2014 (II.26.), they are entering into a payment obligation.
### **5.9. Correction of Data Entry Errors:**
Before finalizing the ordering process, the User can always go back to the previous phase to correct data. Specifically:
- During the ordering process, the User can view and modify the cart's contents.
- If the cart does not contain the desired quantity, the User can enter the correct quantity in the input field in the quantity column.
- To remove items, click the “X” or "delete" button.
- Throughout the ordering process, the User can correct or delete input data.
- After submitting the order, the User can also request corrections of any errors via phone or email.
### **5.10.** The User will receive a confirmation email after submitting the order. If this confirmation is not received...
...within a reasonable period, depending on the nature of the service, but no later than 48 hours, the User is released from any binding offer or contractual obligation. The order and its confirmation are considered received by the Service Provider or User when they become accessible to them. The Service Provider excludes liability for delayed confirmations if the delay is caused by the User providing an incorrect email address during registration or if the User's email account storage is full and unable to receive messages.
### **5.11.** The User acknowledges that the confirmation mentioned in the previous point is an automatic acknowledgment and does not constitute a contract. The contract is formed only when the Service Provider sends a follow-up email to the User, detailing the order and its expected fulfillment after the initial automatic acknowledgment.
**6. ORDER PROCESSING AND FULFILLMENT**
6.1. Orders are processed during business hours. Orders can be placed outside the specified processing times; however, if the order is placed after business hours, it will be processed on the next business day. The Service Provider will electronically confirm when the order can be fulfilled.
6.2. The general fulfillment deadline is 3-14 business days from the contract creation.
6.3. Under the sale and purchase agreement, the Service Provider is obliged to transfer the ownership of the goods, the User is obliged to pay the purchase price and take possession of the goods.
6.4. If the seller is a business and the buyer is a consumer, and the seller agrees to deliver the goods to the buyer, the risk of damage to the goods passes to the buyer when the buyer or a third party designated by them takes possession of the goods. The risk of damage passes to the buyer when the goods are handed over to the carrier if the carrier was hired by the buyer, provided that the carrier was not appointed by the seller.
6.5. In case of delay by the Service Provider, the User is entitled to set a new deadline. If the seller does not fulfill the order within the new deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting a new deadline if:
a) the Service Provider refuses to fulfill the contract; or
b) according to the agreement between the parties or based on the nature of the service, the contract should have been fulfilled within a specified period, and not at any other time.
6.7. If the Service Provider fails to fulfill its obligation under the contract because the product specified in the contract is unavailable, the Service Provider is obligated to promptly inform the User and return the amount paid by the User immediately. Furthermore, the Service Provider must ensure that the User exercises any other rights provided by law in case of faulty performance.
6.8. The Service Provider reminds Users that if the User does not take possession of the product(s) delivered in accordance with the contract (regardless of the payment method), they are in breach of the contract according to Section 6:156 (1) of the Civil Code. This means that the Service Provider, under the rules for unauthorized administration, will charge the User for the usual storage costs and the transportation costs (both ways) related to the product(s), unless the Consumer indicates their intention to withdraw from the contract (and notifies whether they wish to take possession of the product(s)).
The Service Provider further reminds Users that to enforce legal claims arising from this situation, they may use the services of a debt collection agency and/or a lawyer.
The User will also be responsible for any other (legal) costs arising from the breach of contract, including the fees associated with the payment order procedure.
7. RIGHT OF WITHDRAWAL
7.1. In accordance with the European Parliament and Council Directive 2011/83/EU, as well as the detailed regulations on contracts between consumers and businesses specified in Government Decree 45/2014 (II. 26.), the Consumer is entitled to a right of withdrawal without providing any justification.
The consumer may exercise the right of withdrawal or termination:
a) in the case of a contract for the sale of goods,
aa) for the goods,
ab) for the sale of multiple goods if the delivery of the individual goods takes place at different times, for the last delivered item,
ac) in the case of a product consisting of multiple items or pieces, for the last delivered item or piece,
ad) if the product is to be supplied regularly within a specified period, for the first supply,
within fourteen days from the day the consumer or a third party designated by the consumer, other than the carrier, takes possession of the product.
If the Service Provider fails to provide this information, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information within 12 months from the day the product was received or the contract was concluded for the service, the withdrawal period is 14 days from the provision of the information.
7.2. The Consumer may exercise the right of withdrawal by submitting an unequivocal statement or by using the model withdrawal form specified in Annex 2 of Government Decree 45/2014 (II. 26.).
7.3. The time for exercising the right of withdrawal expires 14 days after the day the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the product.
7.4. The Consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the receipt of the product.
7.5. The Consumer must bear the direct cost of returning the product, as the business did not agree to cover this cost.
7.6. In the case of exercising the right of withdrawal, the Consumer will not be charged any costs other than the direct costs of returning the product.
7.7. The right of withdrawal does not apply to the Consumer for non-pre-manufactured products that have been made according to the Consumer's specifications or at their explicit request, or for products that are clearly personalized.
7.8. The Consumer may also not exercise the right of withdrawal in the following cases:
a) in a contract for the provision of services after the full performance of the service, provided that the contract creates a payment obligation for the consumer, only if the performance has begun with the explicit prior consent of the consumer, and with the consumer's acknowledgment that they will lose the right of withdrawal once the business has fully performed the contract;
b) in relation to goods or services whose price or charge depends on market fluctuations that the business cannot control, even within the time limit specified in Article 20(2);
c) for non-pre-manufactured goods made according to the Consumer's instructions or at their express request, or for goods clearly personalized for the consumer;
d) for perishable goods or goods that deteriorate quickly;
e) for sealed goods that, for health or hygiene reasons, cannot be returned after being opened;
f) for goods that, by their nature, are inseparably mixed with other goods after delivery;
g) for alcoholic beverages whose actual value is dependent on market fluctuations that the business cannot control, and for which the price was agreed at the time the contract was concluded, but the performance will take place only after the thirtieth day following the conclusion of the contract;
h) in a business contract where the business visits the consumer at the consumer's explicit request to perform urgent repair or maintenance work;
i) for sealed audio or video recordings, and computer software after the consumer has opened the packaging;
j) for newspapers, periodicals, and magazines, except for subscription contracts;
k) for contracts concluded at public auctions;
l) for contracts regarding accommodation services, except for residential accommodation, transport, car rental, catering, or leisure activities, where the performance date or deadline was specified in the contract;
m) for digital content not supplied on a tangible medium, if the business started performance with the consumer's explicit prior consent and the consumer acknowledged at the same time that they would lose their right of withdrawal once performance began, and the business sent a confirmation to the consumer.
7.9. The Service Provider will refund the total amount paid by the Consumer, including any costs related to the delivery, no later than 14 days after being informed of the withdrawal. However, the Service Provider has the right to withhold the refund.
7.10. The refund will be made using the same payment method as was used for the original transaction.
7.10. We apply the same payment method, unless the Consumer expressly consents to using a different payment method; the Consumer will not incur any additional costs due to the chosen refund method.
7.11. The Consumer must return the goods without undue delay, and in any case no later than 14 days from the day they notify the Service Provider of their decision to withdraw from the contract. If the business sells goods at its physical store and the consumer exercises their right of withdrawal personally at the business's premises, they are also entitled to return the goods to the business at the same time.
7.12. In case of written withdrawal, the Consumer only needs to send the withdrawal statement within 14 days.
7.13. The Consumer complies with the deadline if the product(s) are sent back or handed over within the 14-day period. The return is considered timely if the Consumer sends the product before the deadline expires.
7.14. The Consumer is only responsible for the direct cost of returning the product.
7.15. The Service Provider is not obligated to reimburse any additional costs resulting from the Consumer's 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 it has received the goods, or the Consumer has provided evidence that the goods have been sent back: the earlier of the two events will be considered.
7.17. If the Consumer wishes to exercise their right of withdrawal, they can notify the Service Provider in writing (using the attached form), by phone, or in person. In case of written notice sent by post, the date of posting will be considered; for phone notifications, the date of the call will be considered. The Consumer can return the product via postal mail or courier service to the Service Provider.
7.18. The Consumer is only responsible for any depreciation in value of the product resulting from use beyond what is necessary to establish its nature, characteristics, and functioning.
7.19. The detailed regulations on contracts between consumers and businesses are available in Government Decree 45/2014 (II.26.).
7.20. The European Parliament and Council Directive 2011/83/EU is available here.
7.21. The Consumer may also contact the Service Provider with any other complaints using the contact details provided in these Terms and Conditions.
7.22. The right of withdrawal is only available to Users who qualify as consumers under the Civil Code.
7.23. The right of withdrawal does not apply to businesses, i.e., individuals acting within the scope of their profession, independent occupation, or business activity.
7.24. (Only applicable if the Service Provider also offers services in addition to the sale.) If the Consumer cancels the contract after the performance has begun.
7.23. In the case of a contract concluded for services, if the Consumer terminates the contract after the commencement of performance, the Consumer is obligated to pay a proportional fee for the services rendered up to the point of termination. The amount payable by the Consumer should be determined based on the total amount of the consideration, including VAT, as stipulated in the contract. If the Consumer proves that the total amount calculated this way is excessively high, the proportional amount should be calculated based on the market value of the services rendered by the time of the contract termination.
7.24. Procedure for exercising the right of withdrawal:
7.24.1. If the Consumer wishes to exercise the right of withdrawal, they must inform the Service Provider of their intention using the contact details provided.
7.24.2. The Consumer exercises the right of withdrawal within the deadline if they send the withdrawal statement before the 14th day after receiving the product. In case of written withdrawal, it is sufficient to send the withdrawal statement within 14 days. If the Consumer notifies by post, the date of posting will be considered; if by email, the time the email was sent will be considered.
7.24.3. Upon withdrawal, the Consumer is required to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the notification of withdrawal. The deadline is considered met if the Consumer sends the product before the 14-day period expires (the product does not need to arrive within 14 days). The Consumer will bear the direct costs of returning the product as part of exercising the right of withdrawal. If the business also sells the goods in a physical store, and the Consumer exercises their right of withdrawal in person at the business's premises, they are entitled to return the product simultaneously.
7.24.4. The Service Provider is not obliged to reimburse any additional costs incurred due to the Consumer choosing a delivery method other than the cheapest standard shipping method offered by the Service Provider. The Consumer may also exercise the right of withdrawal during the period between the contract conclusion and the product receipt.
7.24.5. In the case of multiple products being sold, if the delivery of individual items occurs at different times, the Consumer can exercise the right of withdrawal within 14 days of receiving the last delivered product or item.
### 8. WARRANTY
#### Defective Performance
A party is considered to have performed defectively if the service does not meet the quality requirements set out in the contract or by law at the time of performance. The party is not considered to have performed defectively if the party knew, or should have known, about the defect at the time of the contract conclusion.
Any provision in a contract between a Consumer and a business that deviates from the rules on warranty and guarantee in this chapter to the disadvantage of the Consumer is void.
A **business**-type user is defined as a person acting within the scope of their profession, independent occupation, or business activity.
### Product Warranty (Kellékszavatosság)
#### 8.1. When can the User exercise their warranty rights?
The User may enforce a warranty claim against the Service Provider in case of defective performance, in accordance with the rules of the Civil Code.
#### 8.2. What rights does the User have under a warranty claim?
The User, at their choice, may pursue the following warranty claims:
- **Request correction or replacement** of the product, unless such actions are impossible or would incur disproportionate additional costs for the Service Provider compared to the fulfillment of other claims.
- If the User did not request or could not request correction or replacement, they may request a proportional reduction in the price or, as a last resort, terminate the contract.
- The User may switch to another warranty claim, but the cost of switching will be borne by the User, unless it was justified or caused by the Service Provider.
In case of breach of contract, the Consumer is also entitled to:
- **Request a proportional price reduction** or terminate the sales contract if:
- The business failed to perform the correction or replacement or, if performed, did not complete the disassembly and reinstallation or refused to make the product comply with the contract;
- A recurring defect occurred, even though the business tried to make the product comply with the contract;
- The defect is so severe that it justifies an immediate price reduction or the immediate termination of the contract;
- The business has not undertaken to make the product comply with the contract, or it is evident from the circumstances that the business will not do so within a reasonable time or without significant harm to the Consumer's interests.
If the Consumer wishes to terminate the sales contract due to defective performance, the Service Provider must prove that the defect is insignificant.
### 8.3. Warranty Claims and Procedures (continued)
The Consumer is entitled to **retain part or all of the purchase price** in proportion to the severity of the breach, until the business fulfills its obligations related to the contract's performance and the defective performance.
The reasonable time allowed for the correction or replacement of the product is calculated from the point when the Consumer notifies the business about the defect. The Consumer is required to provide the product to the business for correction or replacement.
The business must bear the cost of **retrieving the replaced goods**. If the correction or replacement involves the removal of a product that had been put into operation before the defect was detected, the obligation to correct or replace the product includes the removal of the defective item and the re-installation of the replaced or corrected product, as well as the costs of removal and installation.
A price reduction is considered proportional if the amount corresponds to the difference between the value of the product the Consumer would have received had the contract been properly performed and the actual value of the product received by the Consumer.
The Consumer’s right to terminate the contract based on defective performance can be exercised by submitting a legal statement to the business indicating the decision to terminate the contract.
If the defect only affects part of the product supplied under the sales contract, and the conditions for termination are met, the Consumer may terminate the contract only for the defective product. However, they may also terminate the entire contract if it would be unreasonable for the Consumer to keep only the contract-compliant items.
If the Consumer terminates the contract fully or for part of the products supplied:
- The Consumer must return the defective product to the business at the business's expense.
- The business must immediately refund the purchase price for the defective product once the product or proof of return has been received.
#### 8.4. Deadline for Exercising Warranty Rights
If the Consumer is entitled to warranty rights (as per the Civil Code), they must inform the business about the defect without delay, but no later than **two months** from discovering the defect. However, it is important to note that warranty claims can no longer be enforced after the **two-year** statute of limitations period (or **one year** for businesses or second-hand products) from the performance of the contract. For products with an expiry date, the warranty claim can only be exercised until the end of the expiry date.
**8.4. Who can the Consumer enforce their warranty rights against?**
The Consumer can enforce their warranty rights against the Service Provider.
**8.5. What other conditions must be met for the enforcement of warranty rights (if the User is considered a Consumer)?**
Within one year from the performance, the only requirement for enforcing warranty rights is to notify the defect, provided that the Consumer can prove that the product or service was provided by the business operating the webshop. After one year from the performance, the Consumer must prove that the defect existed at the time of delivery, as recognized by the Consumer.
**Product Warranty**
**8.6. In what cases can the Consumer exercise their product warranty rights and what rights are granted to the Consumer based on the product warranty claim?**
In the case of a movable thing defect, the Consumer may choose to exercise either the warranty rights or a product warranty claim according to the rules of the Civil Code.
As part of the product warranty claim, the Consumer may request the repair or replacement of the defective product.
**8.7. Against whom can the Consumer enforce their product warranty claim?**
The Consumer can exercise their product warranty rights against the manufacturer or distributor (collectively referred to as the manufacturer) of the product.
**8.8. When is a product considered defective?**
A product is defective if it does not meet the quality requirements in effect at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
**8.9. Within what time frame can the Consumer enforce their product warranty claim?**
The Consumer can enforce the product warranty claim within two years from the product's market launch by the manufacturer. After this period, the Consumer loses this right.
**8.10. What evidentiary rules apply when enforcing a product warranty claim?**
When enforcing a product warranty claim, the Consumer must prove that the defect existed.
**8.11. In what cases is the manufacturer exempt from product warranty obligations?**
The manufacturer is exempt from product warranty obligations if they can prove that:
- The product was not manufactured or marketed within the scope of their business activities, or
- The defect could not have been detected at the time of market release according to the state of science and technology at that time, or
- The defect of the product is due to the application of a law or mandatory authority regulation.
The manufacturer only needs to prove one of these reasons to be exempt.
It is important to note that the Consumer may enforce both a warranty claim against the business and a product warranty claim against the manufacturer for the same defect at the same time. If the product warranty claim is successfully enforced, the Consumer may only enforce the warranty claim regarding the replaced product or the part of the product affected by repair against the manufacturer going forward.
**8.12. In a contract between the Consumer and the business, it is presumed, unless proven otherwise, that any defect identified by the Consumer within one year of performance existed at the time of performance, except where this presumption is incompatible with the nature of the item or the nature of the defect.**
Based on this, the Service Provider is not liable for warranty or guarantee obligations if they can prove that the damage was caused by faulty or negligent handling, excessive use, external impacts different from those specified, or any other improper use of the product after the transfer of risk.
**9. PROCEDURE IN CASE OF WARRANTY CLAIM (FOR USERS QUALIFYING AS CONSUMERS)**
**9.1.** In a contract between a Consumer and a business, the agreement cannot deviate from the provisions of the 19/2014 (IV. 29.) NGM Decree regarding the procedures for handling warranty and guarantee claims under the contract to the disadvantage of the Consumer.
**9.2.** The Consumer is obligated to prove the conclusion of the contract (with a receipt or even a simple acknowledgment).
**9.3.** The costs related to the performance of the warranty obligations are borne by the Service Provider (Civil Code, § 6:166).
**9.4.** The Service Provider is required to record minutes of the warranty or guarantee claim reported by the Consumer.
**9.5.** A copy of the minutes must be provided to the Consumer immediately and in a verifiable manner.
**9.6.** If the Service Provider is unable to make a statement regarding the feasibility of the warranty or guarantee claim at the time of notification, they must notify the Consumer of their position within five working days in a verifiable manner, including the reasons for rejecting the claim and the possibility of contacting the conciliation board.
**9.7.** The Service Provider is required to keep the minutes for three years from the date of its creation and present it to the supervisory authority upon request.
**9.8.** The Service Provider must strive to complete the repair or replacement within fifteen days. If the repair or replacement exceeds 15 days, the Service Provider is obligated to inform the Consumer about the expected duration of the repair or replacement. The notification must be provided electronically or in another manner that allows the Consumer to confirm receipt, with prior consent from the Consumer.
**10. MISCELLANEOUS PROVISIONS**
**10.1.** The Service Provider is entitled to engage third parties to fulfill its obligations. It is fully responsible for any illegal actions performed by such third parties, as if the illegal actions were carried out by the Service Provider itself.
**10.2.** If any part of these Terms and Conditions (T&Cs) becomes invalid, unlawful, or unenforceable, it does not affect the validity, lawfulness, and enforceability of the remaining parts.
**10.3.** If the Service Provider fails to exercise a right granted by these T&Cs, the failure to exercise the right shall not be considered as a waiver of that right. Any waiver of a right will only be valid with an explicit written statement. The fact that the Service Provider does not strictly enforce a material term or condition in the T&Cs on one occasion does not mean it waives the right to enforce that term or condition strictly in the future.
**10.4.** The Service Provider and the User shall attempt to resolve any disputes amicably.
**10.5.** The parties acknowledge that the Service Provider’s webshop operates in Hungary, with maintenance also conducted in Hungary. Since the website can be accessed from other countries, users explicitly acknowledge that Hungarian law is applicable between the User and the Service Provider. If the user is a Consumer, the court of the Consumer's domestic residence is exclusively competent to hear disputes arising from this contract, as per the Civil Procedure Code (Pp. § 26 (1)).
**10.6.** The Service Provider does not apply different general access conditions for the webshop based on the User’s nationality, residence, or place of establishment.
**10.7.** The Service Provider does not apply different conditions for payment transactions, regarding the User's nationality, residence, or place of establishment, the location of the payment account, the location of the payment service provider, or the place of issuance of cash-substitute payment instruments within the EU.
**10.8.** The Service Provider complies with regulations concerning unjustified territorial restrictions on content and other forms of discrimination based on a consumer’s nationality, residence, or place of establishment within the internal market. This includes compliance with Regulation (EC) No 2006/2004, Regulation (EU) 2017/2394, and Directive 2009/22/EC, as amended by Regulation (EU) 2018/302 of the European Parliament and the Council.
**11. COMPLAINT HANDLING PROCEDURE**
(For Users qualifying as Consumers)
**11.1.** Our goal is to fulfill every order with proper quality and to the full satisfaction of the customer. However, if the User has any complaints regarding the contract or its performance, they can submit their complaint via the provided phone number, email address, or by post.
**11.2.** The Service Provider will immediately investigate any verbal complaints and address them if necessary. If the customer disagrees with the handling of the complaint, or if the complaint cannot be investigated immediately, the Service Provider will promptly take minutes of the complaint and its stance, providing the customer with a copy.
**11.3.** The Service Provider will respond to written complaints in writing within 30 days, in a verifiable manner, and will ensure communication of the response. If the complaint is rejected, the response will include an explanation. The minutes of the complaint and the response will be kept by the Service Provider for 3 years and will be presented to the relevant authorities upon request.
**11.4.** Please be advised that if the complaint is rejected, the Consumer may initiate proceedings with the appropriate authority or mediation body, as outlined below (the Service Provider has not made a general submission statement):
**11.5.** The Consumer may file a complaint with the consumer protection authority:
According to Section 45/A. (1)-(3) of the Consumer Protection Act and Government Decree 387/2016 (XII. 2.) on the designation of consumer protection authorities, the general consumer protection authority is the local government office: [https://kormanyhivatalok.hu/kormanyhivatalok](https://kormanyhivatalok.hu/kormanyhivatalok)
**11.7.** The competence of the consumer mediation board includes the extrajudicial settlement of consumer disputes. The mediation board's task is to attempt to create a settlement between the parties for resolving the consumer dispute. If this is unsuccessful, the board will make a decision in the matter to ensure the simple, quick, effective, and cost-efficient enforcement of consumer rights. The mediation board will, at the request of the Consumer or the Service Provider, provide advice regarding the rights of the Consumer and the obligations of the Consumer.
In the mediation procedure, if no settlement is reached, the board will make a decision on the merits of the case by:
a) issuing a binding decision if:
aa) the claim is justified, and the business, in its general submission statement according to Section 36/C or in its commercial communications, or at the beginning of the process, or at the latest before the decision is made, has acknowledged that the decision of the mediation board will be binding on it; or
ab) the business has not made such a statement, but the claim is justified, and the claim the consumer wants to enforce – both in the claim and in the decision containing the obligation – does not exceed two hundred thousand HUF; or
b) making a recommendation if the claim is justified, but the business has stated at the start of the procedure that it does not recognize the mediation board’s decision as binding, or if it has not made any statement on recognizing the decision.
**11.8.** In the case of cross-border consumer disputes related to online sales or online services agreements, considering the jurisdiction rules defined in Section 20 of the Consumer Protection Act (Fgytv.), any commercial and industrial chamber operating in a county (or capital) can handle the mediation procedure.
**11.9.** In the case of a consumer complaint, the Consumer may use the EU's online dispute resolution platform. Using the platform requires a simple registration in the European Commission's system, which can be accessed here. After logging in, the Consumer can submit the complaint through the online platform at: [http://ec.europa.eu/odr](http://ec.europa.eu/odr).
**11.10.** The business has an obligation to cooperate in the mediation procedure. Within this framework, it must send its reply to the mediation board within the specified time frame, with the content defined in the Consumer Protection Act (Fgytv.). This also includes the online resolution of consumer disputes and amendments to the EU regulations 2006/2004/EC and directive 2009/22/EC, as stipulated in EU regulation 524/2013/EU, dated May 21, 2013.
**11.10.** Except for the application of the parliamentary and council regulations, the business is obliged to ensure the participation of a person authorized to create a settlement at the hearing. In an online hearing, the business’s representative authorized to create a settlement is required to attend the hearing online. If the consumer requests a personal hearing, the business’s representative authorized to create a settlement must participate in the hearing, at least online.
**11.11.** If the Consumer does not turn to the mediation board or the procedure does not lead to a result, the Consumer has the option to go to court to resolve the dispute. The lawsuit must be initiated with a statement of claim, which should include the following information:
- The court conducting the proceedings;
- The names, addresses, and procedural status of the parties and their representatives;
- The right to be enforced, with a presentation of the facts and evidence supporting it;
- The information that establishes the jurisdiction and competence of the court;
- A specific request for the court’s decision.
The statement of claim must include the necessary documents and evidence to support the claim.
**12. COPYRIGHT**
**12.1.** As the website https://burzsuj.com is considered a copyrighted work, it is prohibited to download (duplicate), retransmit to the public, use in any other way, electronically store, process, or sell any content or parts thereof from the website without the express written consent of the Service Provider – except for legal documents, as the User may download the Terms and Conditions (ÁSZF) and the privacy policy without any conditions or limitations, and store them in any form.
**12.2.** Any material taken from the https://burzsuj.com website and its database may only be used with written consent and with a reference to the website.
**12.3.** The Service Provider retains all rights to all elements of its service, including its domain names, secondary domain names created with them, and its online advertising spaces.
**12.4.** It is prohibited to adapt or reverse-engineer the content of the https://burzsuj.com website or any of its parts; to create user IDs and passwords in an unfair manner; or to use any application that modifies or indexes the website or any part of it.
**12.5.** The name https://burzsuj.com is protected by copyright. It may only be used with the Service Provider's written consent, except for referencing it.
**12.6.** The User acknowledges that the Service Provider is entitled to a penalty for unauthorized use. The penalty is gross 60,000 HUF per image or gross 20,000 HUF per word. In the case of copyright infringement, the Service Provider applies a notarial certification, the cost of which will also be borne by the infringing user.
13. DATA PROTECTION
The website's data processing information is available at the following link:
https://burzsuj.com/adatvedelem
Háromhuta, July 22, 2024.