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MacSzerez
Magyar

General Terms and Conditions

This is a courtesy translation of the Hungarian document. In case of any discrepancy, the Hungarian version prevails.

Macszerez.com

General Terms and Conditions


The contract concluded on the basis of this document is not filed (it is not accessible afterwards; the conclusion of the contract is evidenced by the order data), it is concluded by a legal declaration made by implied conduct, it does not qualify as a written contract, it is drawn up in Hungarian, and it does not refer to any code of conduct. For questions relating to the operation of the webshop and the ordering and delivery process, we are at your disposal at the contact details provided.

The scope of these General Terms and Conditions covers legal relationships arising on the Service Provider's website (https://www.macszerez.com) and its subdomains. These General Terms and Conditions are continuously available (and can be downloaded and printed at any time) from the following website: www.macszerez.com/aszf.

Definitions:

User: Any natural person, legal entity or organisation that uses the services of the Service Provider or concludes a contract with the Service Provider.

Consumer: A User who is a natural person acting outside the scope of his or her profession, self-employed occupation or business activity.

Business: A person acting within the scope of his or her profession, self-employed occupation or business activity.

Service Provider: A natural person, legal entity or organisation without legal personality providing an information society service, who provides a service to the User and who concludes a contract with the User.

1. DETAILS OF THE SERVICE PROVIDER

Name of the Service Provider: Takarék Trading Vagyonkezelő Kft.
Registered office of the Service Provider (and also the place of complaint handling): 1137 Budapest, Katona József utca 6. fsz. 2.
Contact details of the Service Provider, the electronic mail address regularly used for communication with users: kapcsolat@macszerez.com
Company registration number / registration number of the Service Provider: 01 09 170791
Tax number of the Service Provider: 24301415-2-41
Name of the registering authority / licensing authority and licence number (if any):
Telephone number of the Service Provider: 06302636755
Language of the contract: Hungarian
Name, address and e-mail address of the hosting provider:
NetMasters Europe Kft.
1105 Budapest, Cserkesz u. 32.
szia@netmasters.hu

2. BASIC PROVISIONS

2.1. Matters not regulated in these General Terms and Conditions, as well as the interpretation of these General Terms and Conditions, shall be governed by Hungarian law, in particular the provisions of Act V of 2013 on the Civil Code (the "Ptk.", Civil Code), Act CVIII of 2001 on certain issues of electronic commerce services and information society services (the "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 legislation shall apply. The mandatory provisions of the applicable legislation shall apply to the parties even without a separate stipulation.

2.2. These General Terms and Conditions are effective from 10 January 2020 and remain in force until revoked. The Service Provider publishes amendments to these General Terms and Conditions on the website and notifies registered Users and/or Users who have purchased before of the change by e-mail. The amendments do not affect contracts concluded earlier, that is, the amendments have no retroactive effect.

2.3. The Service Provider reserves all rights with respect to the website, any part thereof and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process or sell the content appearing on the website or any part thereof without the written consent of the Service Provider (except for this document and the privacy notice).

2.4. The Service Provider assumes no liability for the sale and purchase of products published on other websites that cannot be linked to the Service Provider and are not operated by the Service Provider.

3. REGISTRATION / PURCHASE

3.1. If untrue data, or data belonging to another person, is provided when using, ordering or subscribing to the service, the party entitled to do so may challenge the resulting electronic contract before a court. As a result of a successful challenge (winning the lawsuit), the contract becomes invalid from the time 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 bears no liability whatsoever for delivery delays 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 and clear identification of the User, incorrectly entered data may be corrected in the order so that invoicing and delivery do not encounter obstacles.

3.3. The Service Provider bears no liability for damage arising from the User forgetting his or her password or from the password becoming accessible to unauthorised persons for any reason not attributable to the Service Provider (if there is registration on the website).

4. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE, AND PRICES

4.1. The displayed products can be ordered from the webshop online (in certain cases by telephone). The prices displayed for the products are in forints and are gross prices (that is, they include the value added tax required by law, or, if the Service Provider invoices without VAT, the prices are the amounts payable), but they do not include fees related to delivery and payment. No separate packaging cost is charged, except if the User requests gift wrapping or other special packaging.

4.2. In the webshop the Service Provider indicates in detail the name and description of the product and displays a photo of the products (where possible).

4.3. If a promotional price is introduced, the Service Provider fully informs Users about the promotion and its exact duration. When determining promotional prices, the Service Provider acts lawfully and complies 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 and the fees of services.

4.4. In the event of an incorrect price being displayed, 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 the correct, real price, in light of which the User has the right to

  • not accept the modified offer and cancel the order.
  • maintain the order at the correct price.

Under Act V of 2013 on the Civil Code (Ptk.), a contract is formed by the mutual and concurring expression of the parties' intent. If the parties cannot agree on the contractual terms, that is, there is no declaration mutually and concurrently expressing the intent of the parties, then there is no validly concluded contract from which rights and obligations would arise.

The following qualify as an incorrect price:

  • a price of HUF 0,
  • a price of HUF 1, or
  • a promotional price that does not correspond to the percentage of the discount indicated relative to the original price. For example, if the original price of a product is HUF 10,000 and a 50% discount applies to it, the correct promotional price would be HUF 5,000. It is an incorrect price if HUF 1,000 or HUF 2,000 is displayed instead.


5. ORDERING PROCESS

5.1. After registration the User logs in to the webshop, or may start shopping without registration.

5.2. The User sets the quantity of the product or products he or she wishes to purchase.

5.3. The User places the selected products in the cart. The User may view the contents of the cart at any time by clicking the "cart" icon.

5.4. If the User wishes to place further products in the cart, he or she selects the "continue shopping" button. If the User does not wish to purchase further products, he or she checks the quantity of the products to be purchased. By clicking the "delete" icon the User can delete the contents of the cart. To finalise the quantity, the User clicks the "increase, decrease" icon.

5.5. The User selects the delivery address, then the delivery / payment method, the types of which are as follows:

5.5.1. Payment methods:

By bank transfer: The User is obliged to transfer the price of the ordered products within 3 days to the bank account indicated in the confirmation e-mail. After the amount has been credited to the Service Provider's bank account, the User is entitled to take delivery of the product(s) in the manner specified by the User.

By online bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider (Stripe) used by the Service Provider.

5.5.2. Delivery cost:

The delivery cost is HUF 990 gross for an order value below HUF 30,000, and HUF 2,990 gross above that.

5.6. If an error or deficiency occurs in the webshop with regard to the products or the prices, we reserve the right to correct it. In such a case, after the error is discovered and corrected, we will immediately inform the customer of the new data. The User may then confirm the order once more, or withdraw from the contract.

5.7. The total amount payable includes all costs, based on the order summary and the confirmation e-mail. The invoice (and, if the product comes with one, the guarantee certificate) is included in the package. The User is obliged to inspect the package in front of the courier upon delivery, and in the event of any damage noticed to the products or the packaging, is obliged to request that a record (protocol) be drawn up; in the event of damage, the User is not obliged to accept the package. The Service Provider does not accept subsequent complaints made without a record! Packages are delivered on working days between 8:00 and 17:00.

5.8. After entering the data, the User can submit the order by clicking the "place order" button, but before that the User can check the data entered once more, and may also send a comment with the order, or may notify us by e-mail of any other wishes concerning the order.

5.9. By placing the order the User acknowledges that a payment obligation arises for him or her.

5.10. Correction of data entry errors: Before the ordering process is completed, the User can always go back to the previous phase, where the data entered can be corrected. In detail: During the order it is possible to view and modify the contents of the cart; if the cart does not contain the quantity to be ordered, the User can enter the quantity to be ordered in the data entry field in the quantity column, or click the "increase, decrease" buttons. If the User wishes to delete the products in the cart, he or she clicks the "X" "delete" button. During the order the User has continuous opportunity to correct/delete the data entered.

5.11. After sending the order, the User receives a confirmation by e-mail. If this confirmation does not reach the User within the reasonably expected time limit depending on the nature of the service, but at the latest within 48 hours from the sending of the User's order, the User is released from the binding effect of the offer or from the contractual obligation. The order and its confirmation are deemed to have been received by the Service Provider or the User, respectively, when it becomes accessible to them. The Service Provider excludes its liability for the confirmation if the confirmation does not arrive in time because the User provided an incorrect e-mail address during registration, or is unable to receive messages because the storage space of his or her account is full.

5.12. The User acknowledges that the confirmation discussed in the previous point is merely an automatic confirmation and does not create a contract. The contract is concluded when, following the automatic confirmation referred to in the previous point, the Service Provider notifies the User in a further e-mail of the details of the order and its expected fulfilment.

6. PROCESSING AND FULFILMENT OF ORDERS

6.1. Orders are processed in the order of receipt, on working days, during working hours. It is possible to place an order outside the times indicated for order processing; if this takes place after working hours, it will be processed on the following working day. The Service Provider's customer service confirms electronically in every case when it can fulfil the order.

6.2. The general performance deadline is within 5 working days from the conclusion of the contract.

6.3. Under the contract of sale, the Service Provider is obliged to transfer ownership of the item, and 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 loss passes to the buyer when the buyer or a third party designated by the buyer takes possession of the item. The risk of loss passes to the buyer upon handover to the carrier if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.

6.5. The obligor is in delay if it does not perform the service when it falls due. If the obligor falls into delay, the obligee may demand performance or, if as a result of the delay its interest in the performance of the contract has ceased, may withdraw from the contract. In the event of delay by the Service Provider, the User is entitled to set an additional time limit. If the seller does not perform within the additional time limit, the buyer is entitled to withdraw from the contract.

6.6. The User is entitled to withdraw from the contract without setting an additional time limit if
a) the Service Provider has refused to perform the contract; or
b) according to the agreement of the parties or the recognisable purpose of the service, the contract had to be performed at the specified time of performance, and not at any other time.

If the Service Provider falls into delay, the User may demand performance or, if as a result of the delay his or her interest in the performance of the contract has ceased, may withdraw from the contract.

The User does not need to prove the cessation of the interest in performance in order to withdraw if
a) according to the agreement of the parties or the recognisable purpose of the service, the contract had to be performed at the specified time of performance, and not at any other time; or
b) the obligee has set an appropriate additional time limit for subsequent performance, and the additional time limit has expired without result.

6.7. If the Service Provider fails to perform its obligation undertaken in the contract because the product specified in the contract is not available to it, it is obliged to inform the User immediately and to refund the amount paid by the User without delay, and the Service Provider is also obliged to ensure that the User can assert the other rights provided by law in the event of defective performance.

6.8. The Service Provider draws the attention of Users to the fact that if the User does not take delivery of the ordered product(s) delivered in conformity with the contract (irrespective of the payment method), he or she commits a breach of contract, and falls into delay precisely in accordance with Section 6:156 (1) of the Ptk.

This means that, under the rules of agency without authorisation, if the Consumer does not indicate his or her intention to withdraw (and does not declare whether he or she wishes to take delivery of the ordered product(s)), the Service Provider will also enforce against the Users the usual cost of storage related to the product(s) and the delivery cost (if applicable, the cash-on-delivery fee) (both ways).

The Service Provider draws the attention of Users to the fact that, in order to enforce the legal claims thus arising, it will avail itself of the assistance of its attorneys, so that other (legal) costs arising from the breach of contract (even the fees of payment order proceedings) shall also be borne by the User.

7. RIGHT OF WITHDRAWAL

7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, and the regulation of Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer has a right of withdrawal without giving reasons.

The consumer may exercise the right of withdrawal or termination

a) in the case of a contract for the sale of a product,

aa) within fourteen days from the day of receipt of the product,

ab) in the case of the sale of several products, where the individual products are supplied at different times, from the day of receipt of the product supplied last,

ac) in the case of a product consisting of several items or pieces, from the day of receipt of the item or piece supplied last,

ad) where the product is to be supplied regularly within a defined period, from the day of receipt of the first supply,

by the consumer or by a third party designated by the consumer other than the carrier.

If the Service Provider provides a service, then in the case of a contract for the provision of a service, the consumer may exercise the right of withdrawal or termination within fourteen days from the day of conclusion of the contract.

If the Service Provider fails to comply with this information requirement, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information after the expiry of 14 days from the day of receipt of the product or the conclusion of the contract, but within 12 months, then the period open for withdrawal is 14 days from the communication of this information.

7.2. The Consumer may exercise the right of withdrawal by an unambiguous statement to that effect, or by means of the model withdrawal statement set out in Annex 2 of Government Decree 45/2014. (II.26.), or by using the withdrawal function.

7.3. The period open for the exercise of the right of withdrawal expires after 14 days from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes receipt of the product.

7.4. The Consumer may exercise the right of withdrawal also in the period between the day of conclusion of the contract and the day of receipt of the product.

7.5. The direct cost of returning the product shall be borne by the Consumer; the Service Provider has not undertaken to bear this cost.

7.6. In the event of exercising the right of withdrawal, no costs other than the cost of returning the product are borne by the Consumer.

7.7. The Consumer has no right of withdrawal in the case of goods that are not prefabricated and that were produced on the basis of the Consumer's instructions or at the Consumer's express request, or in the case of a product that is clearly tailored to the person of the consumer.

7.8. The Consumer also may not exercise the right of withdrawal (complete list of exceptions under the Decree, Section 29 (1)):

a) in the case of a contract for the provision of a service, after the service has been fully performed; however, if the contract creates an obligation to pay for the consumer, only if performance began with the consumer's express prior consent and with the consumer's acknowledgement that he or she loses the right of withdrawal once the business has fully performed the contract;

b) in respect of goods or services the price or fee of which depends on fluctuations in the financial market that cannot be influenced by the business, which may also occur during the period specified in Section 20 (2);

c) in the case of goods that are not prefabricated and that were produced on the basis of the consumer's instructions or at the consumer's express request, or in the case of goods that are clearly tailored to the person of the consumer;


d) in respect of goods that are perishable or retain their quality only for a short time;

e) in respect of goods in sealed packaging which, for health protection or hygiene reasons, cannot be returned once opened after delivery;

f) in respect of goods which, by their nature, are inseparably mixed with other goods after delivery;

g) in respect of alcoholic beverages whose actual value depends on market fluctuations that cannot be influenced by the business, and whose price was agreed by the parties at the conclusion of the contract of sale, but the performance of the contract takes place only after the thirtieth day from the conclusion;

h) in the case of a contract for work where the business visits the consumer at the consumer's express request for the purpose of carrying out urgent repair or maintenance work;

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

j) in respect of newspapers, periodicals and magazines, 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 accommodation other than for residential purposes, carriage of goods, passenger car rental, catering or services related to leisure activities, if a specific date or period of performance is stipulated in the contract;

m) in respect of digital content not supplied on a tangible medium, if the business began performance with the consumer's express prior consent, and the consumer, at the same time as giving this consent, declared that he or she acknowledges that after performance has begun he or she loses the right of withdrawal/termination under Section 20, and the business has sent a confirmation to the consumer pursuant to Section 12 (2) or Section 18.

7.9. In the case of a distance contract, the business refunds without delay, but at the latest within fourteen days from becoming aware of the withdrawal, the entire amount paid by the consumer as consideration, including the costs incurred in connection with performance. However, the Service Provider has a right of retention.

7.10. In the refund, the Service Provider uses the same payment method as was used in the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer shall not incur any additional cost as a result of the use of this refund method.

7.11. The Consumer is obliged to return the goods or hand them back to the Service Provider without undue delay, but in any event no later than 14 days from sending the notice of withdrawal from the contract to the Service Provider. If the business also sells the goods at its premises, and the consumer exercises the right of withdrawal in person at the business's premises, the consumer is entitled to return the goods to the business at the same time.

7.12. In the case of withdrawal in writing, it is sufficient for the Consumer to send the withdrawal statement within 14 days.

7.13. The Consumer complies with the time limit if he or she returns or hands over the product(s) before the 14-day period expires. The return is deemed to have been made in time if the Consumer sends the product before the expiry of the time limit.

7.14. The consumer bears solely the direct cost of returning the product.

7.15. The Service Provider is not obliged to reimburse the Consumer for any additional costs arising from the choice of a delivery method other than the least expensive standard mode of delivery offered by the Service Provider.

7.16. The Service Provider may withhold the refund until it has received the goods back, or until the Consumer has provided evidence that he or she has sent the goods back: whichever is the earlier of the two shall be taken into account.

7.17. If the Consumer wishes to exercise the right of withdrawal, he or she may notify the Service Provider of this in writing at any of the Service Provider's contact details (including by means of the attached statement), by telephone, by using the withdrawal function, or even in person. In the case of notification in writing, we take into account the date of posting / handing over to the courier / sending the e-mail, and in the case of notification by telephone, the date of the telephone notification.

7.18. The Consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product.

7.19. Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses (hereinafter: the Decree) is available here.

7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here.

7.21. The Consumer may also contact the Service Provider with any other complaint at the contact details set out in these Terms.

7.22. The right of withdrawal belongs only to Users who qualify as Consumers under the Civil Code.

7.23. The right of withdrawal does not belong to a business, that is, a person who acts within the scope of his or her profession, self-employed occupation or business activity.

7.24. (To be applied only if the Service Provider also provides services in addition to sales.)

If the Consumer terminates a distance contract after performance has begun, the Consumer is obliged to pay the business a fee proportionate to the service performed up to the time the termination was communicated to the business. The amount payable proportionately by the Consumer shall be determined on the basis of the total amount of the consideration set out in the contract, increased by tax. If the Consumer proves that the total amount determined in this way is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the time of termination of the contract. In determining the market value, the consideration for the same service of businesses engaged in the same activity at the time of conclusion of the contract shall be taken into account.

When exercising the right of withdrawal/termination, the consumer does not bear the following costs:
a) the full or partial costs of performance of a contract for the provision of a service, if
aa) the business failed to comply with its information obligation under Section 11 (1) point i) or k) of the Decree, or
ab) the consumer did not request, in accordance with Sections 13 and 19 of the Decree, that performance of the service begin before the expiry of the period specified in Section 20 (2) of the Decree;
b) the full or partial costs of the supply of digital content not supplied on a tangible medium, if
ba) the consumer did not give express prior consent to performance beginning before the expiry of the period specified in Section 20 (2) of the Decree,
bb) the consumer, at the same time as giving the consent under point ba), did not declare that he or she acknowledges that by giving consent he or she loses the right under Section 20 of the Decree, or
bc) the business failed to provide the confirmation required by Section 12 (2) or Section 18 of the Decree.

7.25. Procedure for exercising the right of withdrawal:

7.25.1. If the Consumer wishes to exercise the right of withdrawal, the Consumer is obliged to indicate his or her intention to withdraw at the Service Provider's contact details.

7.25.2. The Consumer exercises the right of withdrawal within the time limit if he or she sends / makes the withdrawal statement before the expiry of the 14th day from receipt of the product. In the case of withdrawal in writing, it is sufficient to send the withdrawal statement within 14 days.

7.25.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address, or hand it over to the Service Provider, without delay, but no later than within 14 days from the communication of the withdrawal statement. The time limit is deemed to be met if the product is sent before the expiry of the 14-day period (that is, it does not have to arrive within 14 days). The customer bears the direct cost incurred in connection with returning the goods due to the exercise of the right of withdrawal. If the business also sells the goods at its premises, and the consumer exercises the right of withdrawal in person at the business's premises, the consumer is entitled to return the goods to the business at the same time.

7.25.4. The Consumer may exercise the right of withdrawal also in the period between the day of conclusion of the contract and the day of receipt of the product.

7.25.5. In the case of the sale of several products, where the individual products are delivered at different times, and in the case of a product consisting of several items or pieces, the buyer may exercise the right of withdrawal within 14 days from receipt of the product delivered last, or of the item or piece delivered last, respectively.

8. STATUTORY GUARANTEE AND STATUTORY WARRANTY

Defective performance

The Service Provider performs defectively if, at the time of performance, the service does not comply with the quality requirements set out in the contract or in legislation. The Service Provider does not perform defectively if the obligee knew of the defect at the time of conclusion of the contract, or should have known of the defect at that time.

In a contract between a Consumer and a business, any stipulation that deviates from the provisions of this chapter on statutory warranty (liability for defects) and statutory guarantee to the detriment of the Consumer is null and void.

Several warranty rights belong only to Users who qualify as consumers under the Civil Code.

User qualifying as a Business: a person who acts within the scope of his or her profession, self-employed occupation or business activity.

Statutory warranty (liability for defects)

8.1. In what cases may the User exercise the right to statutory warranty (liability for defects)?

In the event of defective performance by the Service Provider, the User may assert a claim for statutory warranty (liability for defects) against the Service Provider in accordance with the rules of the Civil Code.

8.2. What rights does the User have on the basis of a statutory warranty (liability for defects) claim?

The User may, at his or her choice, assert the following statutory warranty (liability for defects) claims: he or she may request repair or replacement, unless fulfilment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the business compared with the fulfilment of the other claim. If the User did not request, or could not request, repair or replacement, he or she may claim a proportionate reduction of the consideration or, as a last resort, may withdraw from the contract. The User may switch from the chosen statutory warranty right to another; however, the cost of the switch shall be borne by the User, unless it was justified or the business gave cause for it.

The Consumer is also entitled, in proportion to the gravity of the breach of contract, to claim a proportionate reduction of the consideration or to terminate the contract of sale, if

a) the business has not carried out the repair or replacement, or has carried it out but has failed in whole or in part to carry out the dismantling and reinstallation, or has refused to bring the goods into conformity with the contract;

b) a repeated lack of conformity has arisen, despite the business having attempted to bring the goods into conformity with the contract;

c) the lack of conformity is of such gravity that it justifies an immediate price reduction or immediate termination of the contract of sale; or

d) the business has not undertaken to bring the goods into conformity with the contract, or it is clear from the circumstances that the business will not bring the goods into conformity within a reasonable time or without significant inconvenience to the Consumer.

If the Consumer wishes to terminate the contract of sale on the ground of defective performance, it is for the business to prove that the defect is insignificant.

The Consumer is entitled to withhold the remaining part of the purchase price, in whole or in part, in proportion to the gravity of the breach of contract, until the business fulfils its obligations relating to the conformity of performance and defective performance.

The reasonable time limit for carrying out the repair or replacement of the goods shall be counted from the time when the Consumer notified the business of the defect.

The consumer must make the goods available to the business for the purpose of carrying out the repair or replacement.

In the case of a contract between a consumer and a business, the business must, at its own expense, ensure the taking back of the replaced goods. If the repair or replacement requires the removal of goods that were installed, in accordance with their nature and purpose, before the defect became apparent, then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the goods supplied as a replacement or repaired, or the bearing of the costs of removal and installation.

A reduction of the consideration is proportionate if its amount equals the difference between the value of the goods that the Consumer would be entitled to in the case of performance in conformity with the contract and the value of the goods actually received by the Consumer.

The Consumer's statutory warranty (liability for defects) right to terminate the contract of sale may be exercised by 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 contract of sale, and the conditions for exercising the right to terminate the contract are met in respect of them, the Consumer may terminate the contract of sale only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them, if it cannot reasonably be expected of the Consumer to keep only the goods that conform to the contract.

If the Consumer terminates the contract of sale in whole or in respect of part of the goods supplied under the contract of sale, then

a) the Consumer must return the goods concerned to the business at the business's expense; and

b) the business must refund to the Consumer without delay the purchase price paid in respect of the goods concerned, as soon as it has received the goods or the evidence supporting the return of the goods.

8.3. Within what time limit may the User assert a statutory warranty (liability for defects) claim?

The User (if qualifying as a consumer) is obliged to notify the defect without delay after discovering it, but no later than within two months from the discovery of the defect. We also draw your attention to the fact that after the two-year limitation period from performance of the contract (1 year in the case of a business or used products) you can no longer assert your statutory warranty (liability for defects) rights. (In the case of products with an expiry date, the statutory warranty (liability for defects) may be asserted until the end of the expiry date.)

If, in the case of goods containing digital elements, the contract of sale provides for the continuous supply of digital content or a digital service over a specified period, the business is liable for defects of the goods relating to the digital content or digital service, if the defect

a) in the case of a continuous supply of a duration not exceeding two years, within two years from the performance of the goods; or

b) in the case of a continuous supply of a duration exceeding two years, during the entire duration of the continuous supply

occurs or becomes apparent.

8.4. Against whom may the User assert a statutory warranty (liability for defects) claim?

The User may assert a statutory warranty (liability for defects) claim against the Service Provider.

8.5. What other conditions apply to asserting statutory warranty (liability for defects) rights (if the User qualifies as a consumer)?

Within 1 year from performance, there is no condition for asserting the statutory warranty (liability for defects) claim other than notifying the defect, if the User proves that the product or service was provided by the business operating the webshop. After 1 year from performance, however, the User is obliged to prove that the defect recognised by the User already existed at the time of performance.

Product warranty (manufacturer's liability)

8.6. In what cases may the Consumer exercise the right to product warranty (manufacturer's liability), and what rights does the Consumer have on the basis of a product warranty (manufacturer's liability) claim?

In the event of a defect in a movable item, the Consumer may, at his or her choice, exercise the right to statutory warranty (liability for defects) or assert a product warranty (manufacturer's liability) claim in accordance with the rules of the Civil Code.

As a product warranty (manufacturer's liability) claim, the Consumer may request repair or replacement of the defective product.

8.7. Against whom may the Consumer assert a product warranty (manufacturer's liability) claim?

The Consumer may exercise product warranty (manufacturer's liability) rights against the manufacturer or distributor of the product (hereinafter together: the 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 placing it on the market, or if it does not have the characteristics set out in the description given by the manufacturer.

8.9. Within what time limit may the Consumer assert a product warranty (manufacturer's liability) claim?

The Consumer may assert a product warranty (manufacturer's liability) claim within two years from the placing of the product on the market by the manufacturer. After this time limit expires, this entitlement is lost.

8.10. What rule of proof applies when asserting a product warranty (manufacturer's liability) claim?

When asserting a product warranty (manufacturer's liability) claim, you must prove that the product defect existed at the time the manufacturer placed the product on the market.

8.11. In what cases is the manufacturer released from its product warranty (manufacturer's liability) obligation?

The manufacturer is released from its product warranty (manufacturer's liability) obligation if it can prove that

- it did not manufacture or place the product on the market within the scope of its business activity, or

- the defect could not be detected at the time of placing on the market according to the state of science and technology, or

- the defect of the product results from the application of legislation or a mandatory official requirement.

It is sufficient for the manufacturer to prove one ground in order to be released.

I draw your attention to the fact that, on account of the same defect, the Consumer may assert a statutory warranty (liability for defects) claim against the business and a product warranty (manufacturer's liability) claim against the manufacturer simultaneously, in parallel with each other. In the event of successful assertion of the product warranty (manufacturer's liability) claim, the Consumer may thereafter assert the statutory warranty (liability for defects) claim in respect of the replaced product, or the part of the product affected by the repair, only against the manufacturer.

Statutory guarantee (in the case of new durable consumer goods)

8.12. In what cases may the consumer exercise the right to statutory guarantee?

In the event of defective performance, on the basis of Government Decree 151/2003. (IX. 22.) on the mandatory guarantee for certain durable consumer goods, the Service Provider is obliged to provide a statutory guarantee if the user qualifies as a consumer.

The following qualify as a consumer:

a) a consumer within the meaning of Act V of 2013 on the Civil Code (Ptk.), or

b) a micro, small or medium-sized enterprise acting outside the scope of its profession, self-employed occupation or business activity

<A micro, small or medium-sized enterprise acts outside the scope of its profession, self-employed occupation or business activity if it purchases the consumer good within the framework of a retail activity under the act on trade, regardless of the accounting treatment of the consumer good within the scope of economic activity.

8.13. What rights and within what time limit does the Consumer have on the basis of the statutory guarantee?

Duration of the statutory guarantee:

a) two years in the case of a selling price of at least HUF 10,000 but not exceeding HUF 250,000,

b) three years in the case of a selling price above HUF 250,000.

Failure to observe these time limits results in forfeiture of rights.

The statutory guarantee period begins on the day the consumer good is handed over to the consumer or, if the commissioning is carried out by the Service Provider or its agent, or by another person entitled to carry out commissioning, on the day of commissioning.

If the consumer has the consumer good commissioned more than six months after handover, the starting date of the statutory guarantee period is the day of handover of the consumer good.

The consumer may, at his or her choice, submit the claim for repair directly at the registered office of the Service Provider, at any of its sites or branches, and at the repair service indicated by the business on the guarantee certificate.

On the basis of his or her statutory guarantee claim, the entitled person may, at his or her choice

  1. request repair or replacement, unless fulfilment of the chosen statutory guarantee right is impossible, or it would result in disproportionate additional costs for the obligor compared with fulfilment of another statutory guarantee claim, taking into account the value of the service in a defect-free condition, the gravity of the breach of contract and the harm to the interests of the entitled person caused by fulfilment of the statutory guarantee right; or
  2. claim a proportionate reduction of the consideration, or withdraw from the contract, if the obligor has not undertaken repair or replacement, is unable to fulfil this obligation (...), or if the entitled person's interest in repair or replacement has ceased.
    There is no right of withdrawal on account of an insignificant defect.

Efforts must be made to complete within 15 days

Pursuant to Section 5 of NGM Decree 19/2014. (IV. 29.) on the procedural rules for handling warranty and guarantee claims relating to items sold under a contract between a consumer and a business, the Service Provider must endeavour to carry out the repair or replacement within 15 days at most. 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 is provided, with the prior consent of the consumer, electronically or in another manner suitable for proving receipt by the consumer.

If it turns out that the product cannot be repaired

If, in the event of a defect of the consumer good during the statutory guarantee period, the Service Provider determines that the consumer good cannot be repaired, then, in the absence of a different instruction from the consumer, the Service Provider is obliged to replace the consumer good within 8 days. If it is not possible to replace the consumer good, the Service Provider is obliged to refund the purchase price to the consumer within 8 days.

If the product breaks down for the fourth time

If, during the statutory guarantee period, the consumer good breaks down again after having been repaired three times, then, in the absence of a different instruction from the consumer, the business is obliged to replace the consumer good within eight days. If it is not possible to replace the consumer good, the business is obliged to refund to the consumer within 8 days the purchase price indicated on the guarantee certificate or, in its absence, on the document presented by the consumer proving payment of the price of the consumer good (an invoice or receipt issued under the act on value added tax).

If repair is not successful within 30 days

If the repair of the consumer good has not taken place by the 30th day from the notification of the statutory guarantee claim to the business, then, in the absence of a different instruction from the consumer, the business is obliged to replace the consumer good within 8 days after the unsuccessful expiry of the thirty-day time limit. If it is not possible to replace the consumer good, the business is obliged to refund to the consumer within 8 days after the unsuccessful expiry of the 30-day repair time limit the purchase price indicated on the guarantee certificate or, in its absence, on the document presented by the consumer proving payment of the price of the consumer good (an invoice or receipt issued under the act on value added tax).

The above three provisions do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger cars, motor homes, caravans, trailer caravans, trailers, and motorised watercraft.

8.14. When is the business released from its statutory guarantee obligation?

The Service Provider is released from its statutory guarantee obligation only if it proves that the cause of the defect arose after performance. I draw your attention to the fact that, on account of the same defect, the Consumer may assert a statutory warranty (liability for defects) claim and a statutory guarantee claim, as well as a product warranty (manufacturer's liability) claim and a statutory guarantee claim, simultaneously, in parallel with each other. If, however, the Consumer has once successfully asserted a claim arising from defective performance on account of a given defect (for example, the business replaced the product), he or she can no longer claim the same on another legal basis in respect of the same defect.

8.15. The Service Provider is not liable under the statutory guarantee, beyond the guarantee period (professionally expected service life), for damage resulting from natural wear and tear / ageing.

8.16. The Service Provider is furthermore not liable under the statutory warranty (liability for defects) or the statutory guarantee for damage arising after the transfer of the risk of loss from improper or negligent handling, excessive use, effects other than those specified, or other use of the products not in accordance with their intended purpose.

8.17. If the consumer asserts a replacement claim because of a defect of the consumer good within three working days from the purchase or commissioning, the Service Provider may not rely on disproportionate additional costs within the meaning of Section 6:159 (2) point a) of the Ptk., and is obliged to replace the consumer good within eight days, provided that the defect prevents use in accordance with its intended purpose. If it is not possible to replace the consumer good, the business is obliged to refund to the consumer without delay the purchase price indicated on the guarantee certificate or, in its absence, on the document presented by the consumer proving payment of the price of the consumer good (an invoice or receipt issued under the act on value added tax).

8.18. What further requirements may be imposed as a condition for exercising statutory guarantee rights?

Special requirements (for example periodic inspection) may be imposed on the consumer for the proper commissioning or operation of a consumer good, provided that proper commissioning or operation cannot be ensured in another way, and meeting the requirement does not impose a disproportionate burden on the consumer.

8.19. The list of consumer goods subject to the mandatory statutory guarantee can be found here: IM Decree 10/2024. (VI. 28.) on determining the range of durable consumer goods subject to the mandatory statutory guarantee

9. PROCEDURE IN THE CASE OF A WARRANTY CLAIM

(IN THE CASE OF USERS QUALIFYING AS CONSUMERS)

9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate to the detriment of the consumer from the provisions of NGM Decree 19/2014. (IV. 29.) on the procedural rules for handling warranty and guarantee claims relating to items sold under a contract between a consumer and a business.

9.2. It is the Consumer's duty to prove the conclusion of the contract (with an invoice, or even just a receipt).

9.3. Costs relating to the fulfilment of the warranty obligation shall be borne by the Service Provider (Ptk. 6:166. §).

9.4. The Service Provider is obliged to draw up a record (protocol) of the warranty or statutory guarantee claim notified to it by the Consumer.

9.5. A copy of the record must be made available to the Consumer without delay, in a verifiable manner.

9.6. If the Service Provider cannot state at the time of notification whether the Consumer's warranty or statutory guarantee claim can be fulfilled, it is obliged to notify the Consumer of its position, and, in the case of rejection of the claim, of the reason for the rejection and of the possibility of turning to the conciliation board, within five working days, in a verifiable manner.

9.7. The Service Provider is obliged to keep the record for three years from the time it was drawn up, and to present it at the request of the supervisory authority.

9.8. The Service Provider must endeavour to carry out the repair or replacement within fifteen days at most. 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 is provided, with the prior consent of the Consumer, electronically or in another manner suitable for proving receipt by the Consumer.

10. MISCELLANEOUS PROVISIONS

10.1. The Service Provider is entitled to use a contributor (subcontractor) for the performance of its obligation. It is fully liable for the unlawful conduct of such contributor as if it had committed the unlawful conduct itself.

10.2. If any part of these Terms becomes invalid, unlawful or unenforceable, this does not affect the validity, lawfulness and enforceability of the remaining parts.

10.3. If the Service Provider does not exercise a right to which it is entitled under the Terms, the failure to exercise the right shall not be regarded as a waiver of that right. A waiver of any right is valid only if made by an express written declaration to that effect. The fact that the Service Provider on one occasion does not insist on strict compliance with an essential condition or stipulation of the Terms does not mean that it waives the right to insist on strict compliance with that condition or stipulation in the future.

10.4. The Service Provider and the User shall try to settle their disputes amicably.

10.5. The parties record that the Service Provider's webshop operates in Hungary and is also maintained here. Since the site can also be visited from other countries, 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, then under Section 26 (1) of the Pp. (Act CXXX of 2016 on the Code of Civil Procedure), the court of the defendant's (the Consumer's) domestic place of residence has exclusive jurisdiction over disputes arising from this contract against the Consumer.

10.6. The Service Provider does not apply different general conditions of access to the products in the webshop on grounds relating to the User's nationality, place of residence or place of establishment.

10.7. The Service Provider does not apply different conditions to the payment transaction, in respect of the payment methods it accepts, on grounds relating to the User's nationality, place of residence or place of establishment, the location of the payment account, the place of establishment of the payment service provider, or the place of issue of the payment instrument within the European Union.

10.8. The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.

11. COMPLAINT HANDLING PROCEDURE

(IN THE CASE OF USERS QUALIFYING AS CONSUMERS)

11.1. The aim of the Service Provider is to fulfil all orders at an appropriate quality and to the full satisfaction of the customer.

11.2. The consumer may communicate his or her complaint to the business orally or in writing.

11.3. The business examines an oral complaint immediately and, where necessary, remedies it.

11.4. If the consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the business shall without delay draw up a record of the complaint and of its position on it, and shall proceed in accordance with the rules applicable to written complaints.

11.5. The business shall provide a copy of the record to the consumer

a) in the case of an oral complaint communicated in person, by handing it over on the spot,

b) in the case of an oral complaint communicated by telephone or by using another electronic communications service, by sending it at the latest together with the substantive reply, except where the consumer has not provided all of his or her data necessary for handling the complaint, in accordance with point 11.8.

11.6. The business is obliged to assign a unique identification number to an oral complaint communicated by telephone or by using an electronic communications service.

11.7. The record drawn up about the complaint must contain the following:

a) the consumer's name, address or e-mail address,

b) the place, time and manner of submission of the complaint,

c) a detailed description of the consumer's complaint, and a list of the documents, records and other evidence presented by the consumer,

d) the business's statement of its position on the consumer's complaint, if immediate investigation of the complaint is possible,

e) the signature of the person drawing up the record and, except in the case of an oral complaint communicated by telephone or by using another electronic communications service, of the consumer,

f) the place and time of drawing up the record,

g) in the case of an oral complaint communicated by telephone or by using another electronic communications service, the unique identification number of the complaint, and

h) a warning relating to the provisions of paragraph 11.8.

11.8. If, when the record is drawn up, the consumer does not provide the data specified in points a) and c) of point 11.7, or refuses to sign the record as provided in point e) of point 11.7, the business shall refrain from applying the provisions of point 11.9 in handling the oral complaint.

11.9. Unless a directly applicable legal act of the European Union provides otherwise, the business is obliged to reply to a written complaint on its merits, in writing and in a verifiable manner, within thirty days of its receipt, and to take measures for communicating the reply. A shorter time limit may be set by legislation, and a longer one by an act. The business is obliged to give reasons for its position rejecting the complaint.

11.10. If the business provides an electronic interface or form for submitting a written complaint, it is obliged to confirm receipt of the written complaint without delay at the e-mail address provided by the consumer.

11.11. The business is obliged to keep the record drawn up about an oral complaint or the written complaint, and a copy of its substantive reply to the complaint, for three years, and to present them at the request of the supervisory authority.

11.12. In the event of rejection of the complaint, the business is obliged to inform the consumer in writing which authority or conciliation board proceedings he or she may initiate with regard to the complaint, depending on its nature. The information must also contain the registered office, telephone and internet contact details, and postal address of the competent authority and of the conciliation board having jurisdiction at the consumer's place of residence, place of stay or registered office. The information must also state whether the business has made a general submission declaration.

11.13. The business may refrain from investigating a repeated complaint made by the same consumer with the same content as an earlier complaint that has been answered on its merits and containing no new information, as well as a consumer complaint made by an unidentifiable person.

11.14. We inform you that, in the event of rejection of your complaint, you may initiate authority or conciliation board proceedings with regard to your complaint, as follows (the Service Provider has not made a general submission declaration):

11.15. The Consumer may turn to the consumer protection authority with a complaint:

Under Section 45/A (1)-(3) of the Fgytv. (Act CLV of 1997 on Consumer Protection) and Government Decree 326/2024. (XI. 14.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok

11.16. In the event of a complaint, the Consumer has the option to turn to a conciliation board; their contact details can be found here:

Name of the conciliation board Registered office, address of the conciliation board: Territorial jurisdiction

Budapest Conciliation Board

Budapest
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Telephone: (1) 488-2131
Fax: (1) 488-2186
Chair: Dr. Inzelt Éva Veronika
Website: https://bekeltet.bkik.hu/
E-mail: bekelteto.testulet@bkik.hu

Budapest

Baranya County Conciliation Board

Pécs
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy Imre u. 36.
Telephone: (72) 507-154; (20) 283-3422
Fax: (72) 507-152
Chair: Dr. Bércesi Ferenc
Website: www.baranyabekeltetes.hu

E-mail: info@baranyabekeltetes.hu
kerelem@baranyabekeltetes.hu

Baranya County,

Somogy County,

Tolna County

Borsod-Abaúj-Zemplén
County Conciliation Board

Miskolc
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone: (46) 501-091 (new cases);
501-871 (pending cases)
Chair: Dr. Tulipán Péter
Website: www.bekeltetes.borsodmegye.hu

E-mail: bekeltetes@bokik.hu

Borsod-Abaúj-Zemplén County,

Heves County,

Nógrád County

Csongrád-Csanád County
Conciliation Board

Szeged
Csongrád-Csanád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Telephone: (62) 554-250, extension 118
Fax: (62) 426-149
Chair: Dr. Horváth Károly
Website: www.bekeltetes-csongrad.hu

E-mail: bekelteto.testulet@csmkik.hu

Békés County,

Bács-Kiskun County,

Csongrád-Csanád County

Fejér County Conciliation Board

Székesfehérvár
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Telephone: (22) 510-310
Fax: (22) 510-312
Chair: Dr. Vári Kovács József
Website: www.bekeltetesfejer.hu

E-mail: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Fejér County,

Komárom-Esztergom County,

Veszprém County

Győr-Moson-Sopron County
Conciliation Board

Győr
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Telephone: (96) 520-217
Chair: Dr. Bagoly Beáta
Website: https://gymsmkik.hu/bekelteto
E-mail: bekeltetotestulet@gymskik.hu

Győr-Moson-Sopron County,

Vas County,

Zala County

Hajdú-Bihar County
Conciliation Board

Debrecen
Hajdú-Bihar County Conciliation Board
Registered office: 4025 Debrecen, Petőfi tér 10.
Place of case handling: 4025 Debrecen Vörösmarty u. 13-15.
Telephone: (52) 500-710; (52) 500-745
Fax: (52) 500-720
Chair: Dr. Hajnal Zsolt
Website: https://www.hbmbekeltetes.hu
E-mail: bekelteto@hbkik.hu

Jász-Nagykun-Szolnok County,

Hajdú-Bihar County,

Szabolcs-Szatmár-Bereg County

Pest County Conciliation Board

Budapest
Pest County Conciliation Board
Registered office: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Telephone: +36 1 792 7881
Chair: Dr. Koncz Pál
Website: www.pestmegyeibekelteto.hu

www.panaszrendezes.hu

E-mail: pmbekelteto@pmkik.hu

Pest County

11.17. The conciliation board has competence for the out-of-court settlement of consumer disputes. The task of the conciliation board is to attempt to reach a settlement between the parties for the purpose of resolving the consumer dispute, and, if this is unsuccessful, to decide the case in order to ensure the simple, fast, effective and cost-saving enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation board gives advice on the rights of the Consumer and the obligations of the Consumer.

In conciliation board proceedings, in the absence of a settlement, the panel decides on the merits of the case

a) by adopting a decision containing an obligation, if

aa) the application is well-founded, and the business has acknowledged the decision of the conciliation board as binding on itself, in its general submission declaration under Section 36/C (registered with the conciliation board or the chamber, or stated in its commercial communications), or in its declaration made at the beginning of the proceedings or at the latest before the decision is adopted, or

ab) the business has not made a submission declaration, but the application is well-founded and the claim the consumer wishes to assert does not exceed two hundred and fifty thousand forints, either in the application or at the time of adopting the decision containing the obligation, or

b) by making a recommendation, if the application is well-founded, but at the beginning of the proceedings the business declared that it does not acknowledge the panel's decision as binding, or if it made no declaration at all on acknowledging the panel's decision.

11.18. In the case of a cross-border consumer dispute connected with an online contract of sale or online service contract, the conciliation board operated by the chamber designated by decree of the minister responsible for consumer protection has competence.

11.19. The business has a duty of cooperation in the conciliation board proceedings, within the framework of which it is obliged to send its written reply to the conciliation board with the content specified in the Fgytv. and within the time limit mentioned therein. Except where 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 applies, the business is obliged to ensure the participation at the hearing of a person authorised to conclude a settlement. At an online hearing, the representative of the business authorised to conclude a settlement is obliged to participate online. If the consumer requests an in-person hearing, the representative of the business authorised to conclude a settlement is obliged to participate in the hearing at least online.

11.20. If the Consumer does not turn to a conciliation board, or the proceedings did not lead to a result, the Consumer has the option to turn to a court in order to settle the dispute. The lawsuit must be commenced by a statement of claim, which must state the following information:
• the court conducting the proceedings;
• the names, places of residence and procedural status of the parties and of their representatives;
• the right to be enforced, with a presentation of the facts on which it is based and the evidence thereof;
• the data from which the competence and jurisdiction of the court can be determined;
• a definite request for a decision by the court.
The document, or a copy thereof, whose content is relied upon as evidence must be attached to the statement of claim.

12. COPYRIGHT, CONTENT PROTECTION AND RESERVATION OF RIGHTS

12.1. The website https://www.macszerez.com, its structure, composition, brand elements, graphic solutions, textual content, images, product descriptions, databases, editing, layout, and the other content appearing on the website are protected by copyright and, where applicable, by related rights. Copyright protection applies to the content from the time of its creation, without separate registration or other formality.

12.2. The Service Provider reserves all rights with respect to the content appearing on the website. Viewing or using the website, or accessing the content, does not in itself result in a licence of use, does not entail the transfer of economic rights of copyright, and does not entitle the visitor, user or any third party to use the content without permission.

12.3. Without the prior, express and written permission of the Service Provider, it is prohibited to do the following with all or any part of the content appearing on the website, in particular, but not exclusively:

a) copy, download, record, reproduce or electronically store it;
b) publish it on another website, social media platform, advertisement, catalogue, database or other online or offline medium;
c) communicate it to the public, retransmit, share or make it available;
d) rework, process, modify, translate it or incorporate it into other content;
e) use it for commercial, advertising, search engine optimisation, data collection, competitive or other business purposes;
f) use it for the training, teaching, analysis or data extraction of artificial intelligence based systems, data mining tools, automated data collection applications or other software solutions, unless the Service Provider has expressly consented to this.

12.4. The prohibition set out in point 12.3 does not affect the cases of free use defined in the act on copyright, in particular the possibility of lawful quotation, provided that the quotation is made to the extent justified by its purpose, faithfully to the original, with indication of the source and, where it is indicated, of the author. The cases of free use may not be interpreted extensively and may not serve as a basis for the systematic, business or competitive taking over of the content of the website.

12.5. The legal documents available on the website, in particular the General Terms and Conditions and the privacy notice, serve to inform visitors and users. Visitors may download, store and use these documents for their own information, for the exercise of their rights, and for becoming familiar with their existing or planned legal relationship with the Service Provider. However, this provision does not entitle the visitor, user or a third party to use these documents commercially, as their own service, as content of another website, or as part of an activity competing with the Service Provider.

12.6. Placing a link to the website https://www.macszerez.com is permitted, provided that the link does not damage the reputation of the Service Provider, does not create the false appearance that there is cooperation, approval, sponsorship or any other business relationship between the linking person or organisation and the Service Provider, and does not constitute unlawful or unfair market conduct.

12.7. The name https://www.macszerez.com, the brand identity, appearance and distinctive structural and visual elements of the website, and the designations suitable for identifying the services of the Service Provider are connected to the economic activity of the Service Provider. It is prohibited to use or imitate them without permission, or to apply them in a manner that may lead to confusion with the Service Provider, its services or its website, or may result in the unfair exploitation of the Service Provider's market performance.

12.8. If a third party takes over, copies, publishes, uses for business purposes, reworks the content of the website without permission, presents it as its own, uses it without indicating the source, or exploits it within the scope of an activity competing with the Service Provider, the Service Provider, or the author concerned or other rightholder, may take action on the basis of the act on copyright, the Civil Code and, in the case of an infringement committed by a market participant, the rules on the prohibition of unfair market conduct.

12.9. In the event of infringement, the Service Provider, or the author concerned or other rightholder, may in particular assert the following claims:

a) a court declaration that the infringement has taken place;
b) cessation of the infringement and an injunction prohibiting the infringer from further infringement;
c) removal, deletion or rendering inaccessible of the infringing content, and restoration of the state prior to the infringement;
d) the giving of appropriate satisfaction and its publication at the expense of the infringer;
e) surrender of the enrichment obtained through the infringement;
f) payment of damages;
g) in the case of infringement of the author's moral rights, payment of compensation for non-pecuniary damage (sérelemdíj);
h) the provision of data connected with the infringement, in particular data on the manner, duration, extent, reach, revenue and commercial exploitation of the infringing use;
i) reimbursement of the notarial, expert, legal, technical and other justified costs necessary for proving and terminating the infringement.

12.10. The Service Provider expressly states that the provisions of this chapter do not constitute a stipulation of a penalty for breach of contract (kötbér) and do not establish a contractual fine. By means of these provisions, the Service Provider informs visitors and users of the website and third parties of its existing reservation of rights under copyright, civil and competition law. In the event of infringement, the Service Provider, or the author concerned or other rightholder, asserts its claims directly on the basis of the applicable legislation.

12.11. The Service Provider notes in advance that, in the case of unauthorised, commercial or competitive takeover of content, it will also take into account, in determining its claims, the gravity, extent and repeated nature of the infringement, the manner of use, the amount of content used, the pecuniary advantage obtained by the infringer, and any infringement of the author's moral rights. In the Service Provider's view, the commercial, competitive or misleading takeover, without indication of the source, of images, product descriptions, textual content, brand elements or databases constitutes a particularly serious infringement.

12.12. Upon detecting an infringement, the Service Provider is entitled to use a notarial attestation of facts, screen capture, electronic preservation of evidence, expert examination or other means of proof. The Service Provider may enforce its justifiably incurred costs in this connection against the infringer on the basis of the applicable legislation.

12.13. If the infringement is committed by a business, a competitor or another market participant, and the takeover of the content, the imitation of distinctive elements of the website, the use of the Service Provider's designations, or the exploitation of the Service Provider's market performance is suitable for obtaining an unfair advantage in economic competition, for deception, for confusion, or for harming the legitimate interests of the Service Provider, the Service Provider may take action, beyond the copyright claims, also on the basis of competition law.

12.14. The reservation of rights set out in this chapter does not affect the right of the Service Provider to assert against the infringer any other civil law, copyright, competition law, criminal law or other legal claim available to it under legislation.

13. DATA PROTECTION

The privacy notice of the website is available on the following page: www.macszerez.com/adatvedelem


Budapest, 10 January 2020

Model withdrawal statement

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

Addressee: Takarék Trading Vagyonkezelő Kft. , 1137 Budapest, Katona József utca 6. fsz. 2. , kapcsolat@macszerez.com, 06302636755

I, the undersigned, hereby declare that I am exercising my right of withdrawal/termination in respect of the sale of the following product(s):

Date of order / date of receipt:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if notified in writing):

Date:



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