Machine translation. This English version was produced by machine translation and is provided for information only. The Hungarian original is authoritative; in the event of any discrepancy, the Hungarian text prevails.

GENERAL TERMS AND CONDITIONS

Introduction

These GTC can be downloaded from the link below. 

Please, if you wish to become a customer or an active user of the opportunities offered by our Webshop, read our General Terms and Conditions carefully and use our services only if you agree with all of their provisions and consider them binding upon yourself.

Acceptance of the GTC by the Customer is a precondition for using the Webshop service. The conditions are deemed to have been accepted if the Customer uses the service or ticks the designated box as a step of the purchasing process.

This contract is concluded exclusively in electronic form. The contract governed by the conditions below qualifies, under the Civil Code, as a contract concluded between absent parties.

The Operator

• Company name: Vegan Health Kft.
• Registered office: 2100 Gödöllő, Telkes Mária krt 33.
• Place of business: Vegan Health Kft., 2100 Gödöllő, Telkes Mária krt 33.
• Tax number: 26088158-2-13
• Company registration number: 13 09 188392
• Language of the contract: Hungarian
• Electronic contact: hello@allin-naturalfood.hu
• Telephone number: 06 70 386 5836
• Bank account number: 65100211-11416825
• Registering court of registration: Company Court of the Budapest Környéki Törvényszék (Budapest Environs Regional Court)
• Registered office, place of business and e-mail address of the hosting provider: DiMa.hu Kft., 4032 Debrecen, Békessy Béla u. 9. C. épület 3. emelet 10. Ajtó, e-mail: info@dima.hu

The operator of the Webshop is referred to hereinafter in these general terms and conditions as: Operator.

The Customer

A natural or legal person who uses the Webshop service, that is, who registers on the Webshop’s online interface and orders or purchases goods or services through that interface. Hereinafter: Customer.

The Carrier

The Operator carries out the home delivery of orders itself, together with its contracted partners, who deliver the products ordered in the Webshop to the customer’s home by providing a courier service, at the prices stated in the confirmation of the completed order and in compliance with the stated deadlines.

Range of products and services available for purchase

These GTC apply to:

• all “electronic commerce services” that the Operator provides to Customers through the Webshop;
• and they also set out the rights and obligations of the Operator and the Customer.
• and all material elements of the operation of the Webshop;

The GTC and every amendment thereto are valid from the date of their publication until their revocation or until the next amendment of the GTC.

The products displayed in the Webshop can only be purchased online; purchasing in person from the Operator of the Webshop is not possible. The Operator states in detail in the Webshop the name and description of each product and displays photographs of the products. The images displayed on the product data sheets may differ from the actual product and in certain cases are shown as illustrations.

In our Webshop you can browse the products and services available for purchase by product category. Next to the products listed you can view a short description, the price and other properties of each product, without claim to completeness. If you would like more information about a product, click on the product’s image or name. You will then reach the product’s page, where you can obtain more detailed information about the product.

Order information

Data required for registration:

• Password
• Name
• Valid e-mail address

Data required for ordering:

• Name
• Delivery address
• Billing address
• Telephone number

Method of payment

Orders in the Webshop can be placed exclusively by electronic means on the website www.allin-naturalfood.hu. The Operator does not accept orders placed in any other format.

The prices displayed for the products include the VAT prescribed by law.

If the price of a product is displayed incorrectly despite all due care – in particular in the case of obvious typing errors, or prices that deviate significantly from the general market value or are displayed as a result of a system error – the Operator is not obliged to deliver the ordered product at the incorrect price, but, while informing the Customer, offers delivery at the correct price. If the Customer does not wish to take up this option, the Customer is entitled to the right of unilateral withdrawal from the contract.

The prices displayed do not constitute a direct price offer. The Operator accepts no liability for damage resulting from any typing errors.

If a promotional price is introduced, the Operator shall inform Users fully of the duration of the promotion.

The displayed products can be ordered by the Customer exclusively online through the Webshop, with home delivery by courier.

Registration

The Customer may make purchases both with and without registration.

The Customer has the technical possibility of placing an order and may purchase from the product range. The Customer may freely select from the product range on the Webshop interface, either logged in following registration or without logging in, and may place the items in the cart.

The registration is confirmed by the system by e-mail. If, following the correct entry of the customer’s unique identifier and password during identification, the customer’s data have come into the possession of an unauthorised third party, the Operator accepts no liability for any resulting damage or disadvantage. By providing their e-mail address, users consent to the Operator/ Operator sending them messages of a technical nature. The Operator deletes the registered data from the system upon request. For security reasons, a deletion request becomes valid only if the user confirms the deletion request by e-mail, so as to avoid someone deliberately or by mistake deleting another person from the registration database. The registration is identified by the e-mail address, therefore an e-mail address can be registered only once.

Registration entails no obligations.

The ordering process

By clicking the “Add to cart” button, the Customer can place the product in the Cart.

The Customer can also place the product in the cart without logging in.

The Customer can check and edit the contents of the cart using the Cart menu item or icon. Here it is possible to view and modify the contents of the cart and to select the most suitable payment and delivery method. It is also possible to empty the cart completely and to add further products to the cart by pressing the “Update cart” button. By pressing the “Send order” button, you can finalise your order.

After the order has been finalised, the system sends an automatic confirmation containing the details of your order to the e-mail address provided. If you do not receive a confirmation e-mail, check your spam folder and, if you cannot find it there either, contact the Operator. The confirmation e-mail usually arrives within a few minutes, but must arrive within 48 hours at the latest. If this is not met, the Customer is released from being bound by the offer. After the order has been placed, the contract may be amended or cancelled freely and without consequence until its performance. Amendments to the order, including the correction of data-entry errors, can be made by telephone and by e-mail.

A contract concluded through a purchase in the webshop does not qualify as a contract made in writing; the Service Provider does not file it, so it cannot be retrieved later.

The Operator does not undertake partial performance, and the staff member of the Courier Service may not accept partial performance. The Customer may take delivery of all items of the order together or refuse to accept the entire order.

Payment terms

The Customer may pay the consideration for the goods and services purchased electronically or by cash on delivery.

If cash on delivery payment is chosen, the Customer hands the consideration for the order to the staff member of the Courier Service upon delivery of the goods.

If an electronic payment method is chosen, the purchase price can be paid by bank card or by cash on delivery using the OTP Simple Pay payment service. Bank card payment involves no additional cost; it is completely free of charge.

If you wish to settle the value of the order upon receipt of the parcel, choose the Cash on delivery payment method. With this payment method a cash-on-delivery handling fee of HUF 290 is added to the total. In the case of home delivery, the total is payable to the courier.

The Simple Online Payment System is developed and operated by OTP Mobil Kft. The

OTP Mobil Kft. is a member of the OTP Group.

Customers using the service can choose, in the case of online purchases, the

simple and secure payment solution of Simple. In that case they can, in the usual way,

arrange their payment on the Simple interface.

The payment process is identical to the payment procedure offered within the framework of similar

services of banks. In the interest of the security of the user, and thus of the cardholder, during the service Simple continuously monitors transactions and helps to prevent unexpected events.

WHAT ARE THE STEPS OF THE TRANSACTION?

1. By clicking the “Payment” button you are transferred to the Simple payment page, where

you start the transaction by entering the bank card details.

2. After entering the card details, please check the

accuracy of the data.

3. Processing of the transaction starts in the banking processing systems.

4. You will also be notified of the result of the payment by e-mail, and the

Simple system will redirect you to the webshop’s page.

More information: https://www.simple.hu/Fooldal

Simple bank transfer (OTP Group)

Through the OTP Simple online payment system you can also pay conveniently, quickly and

securely by bank transfer.

More information: https://www.otpsimple.hu/

Cash on delivery

You have the option of paying the price of the product in cash upon collecting it in person.

To pay. Exclusively following the collection notice, orders placed in the webshop

can be collected.

Please arrive, if possible, with the exact amount calculated in advance!

Bank card payment

Bank card payment is also possible upon personal collection!

Exclusively following the collection notice, orders placed in the webshop

can be collected!

Accepted bank cards: VISA, VISA Electron, Maestro, MasterCard

Collection methods, collection fees:

Vegan Health Kft. home delivery (within Budapest)

GLS courier service (within the territory of Hungary) – home delivery

Delivery outside Budapest is carried out by our contracted partner, the GLS courier service.

Parcels are delivered on working days between 8 a.m. and 5 p.m.

If you are not at home during this period, it is advisable to give

(if you have the opportunity) a workplace address as the delivery address. Vegan Health Kft. cannot accept liability for the warranty of products not taken over on the delivery day selected by the Customer.

On the day of delivery the GLS courier service provides information by e-mail, which also

contains the following:

– a 3-hour interval for the expected time of delivery

– the telephone number of the delivering courier

The delivery time to any point of the country is stated on the product data sheet!

The courier service makes two delivery attempts; the delivery cost of parcels not

taken over will be charged to the Customer.

You can find more information here: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-

szolgaltatasok

Simple bank card payment (OTP Group)

I acknowledge that the following personal data of mine, stored in the user database of allin-naturalfood.hu by the data controller Vegan Health Kft. (2100 Gödöllő, Telkes Mária krt 33.), will be transferred to OTP Mobil Kft. as data processor. The scope of data transferred by the data controller is as follows: name, e-mail address, address, telephone number.

The nature and purpose of the data processing activity carried out by the data processor can be viewed in the SimplePay Privacy Notice at the following link: http://simplepay.hu/vasarlo-aff

Processing and fulfilment of orders

The Operator undertakes to fulfil orders within 5 working days of their receipt.

The Operator endeavours to fulfil orders continuously and within the shortest possible time limit.

The Operator delivers orders in cooperation with its own employees and logistics partners, and therefore has no possibility of determining the exact timing of orders. Delivery of the order is expected within 1-5 working days of the placing of the order.

If, after placing the order, the Customer becomes aware of a circumstance that makes it impossible for the Customer to take delivery of the order within 1-5 working days following the order, the Customer may contact the Operator (at any of the contact details indicated above) in order to have the fulfilment of the order delayed. If the order has already been handed over to the Carrier, or its delivery has been commenced by the Operator, the Customer may request, in coordination with the Carrier’s customer service, the timing of the delivery of the order, and may also exercise the right of withdrawal at any time in the manner detailed below. The Carrier will contact the Customer by e-mail and by telephone before delivery; this communication will include the parcel number and the expected time of arrival of the parcel.

In the event of a stock shortage, if the order is expected to be fulfilled within 5 working days of the receipt of the order, the Operator does not send a separate notification of the stock shortage and of the change in the timing of the fulfilment of the order.

The Operator accepts no liability for any financial or other damage resulting from the late fulfilment of an order. The Customer acknowledges that, in the event of late fulfilment of the order, the Customer is not entitled to compensation and may not make a claim for contractual penalty against the Operator. If the order fails due to a stock shortage or another reason within the Operator’s remit, the Customer is entitled to the consideration paid for the order. The Customer has no other financial claim against the Operator even if the order fails for any reason.

The Carrier makes two attempts to hand over the ordered goods, but the Operator undertakes the delivery of the ordered products in their original condition (warranty) only where they are taken over on the first delivery day. Thereafter the Operator declares the order invalid and cancels it.

Withdrawal from the purchase

Right of withdrawal

Information on the right of withdrawal of the consumer customer

Under Section 8:1(1) point 3 of the Civil Code, only a natural person acting outside the scope of his or her profession, independent occupation or business activity qualifies as a Consumer, and therefore legal persons may not exercise the right of withdrawal without giving reasons!

Under Section 20 of Government Decree 45/2014 (II. 26.), the consumer is entitled to the right of withdrawal without giving reasons. The consumer may exercise the right of withdrawal

1. a) in the case of a contract for the sale of goods
2. aa) of the product,
3. ab) in the case of the sale of several products, where the individual products are supplied at different times, of the product supplied last,

within the time limit calculated from the day of taking delivery by the consumer or by a third party designated by the consumer other than the carrier, which time limit is  14 days.

The Customer may also exercise the right of withdrawal in the period between the day of the conclusion of the contract and the day of taking delivery of the product.

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

The provisions of this point do not affect the consumer’s right to exercise the right of withdrawal specified in this point also in the period between the day of the conclusion of the contract and the day of taking delivery of the product.

If the offer to conclude the contract was made by the consumer, the consumer is entitled, before the contract is concluded, to revoke the offer, which terminates the binding nature of the offer extending to the conclusion of the contract.

Withdrawal statement, exercise of the consumer’s right of withdrawal or termination

The consumer exercises the right granted in Section 20 of Government Decree 45/2014 (II. 26.) by means of a clear statement to that effect.

Validity of the consumer’s withdrawal statement

The right of withdrawal shall be deemed to have been exercised in due time if the consumer sends the statement within the time limit. The time limit is 14 days.

The burden of proving that the right of withdrawal was exercised in accordance with this provision lies with the consumer.

The Operator is obliged, following receipt of the consumer’s withdrawal statement, to confirm it without delay on an electronic data carrier, if it also provides the consumer with the possibility of exercising the right of withdrawal on its website.

Obligations of the Operator in the event of the consumer’s withdrawal

The Operator’s obligation to reimburse

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Operator shall, no later than fourteen days from becoming aware of the withdrawal, reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with performance, and thus also the delivery fee. Please note that this provision does not apply to additional costs caused by the choice of a delivery method other than the least costly standard delivery method.

Manner of the Operator’s reimbursement obligation

In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Operator refunds the amount due to the consumer in the same manner of payment as that used by the consumer. With the consumer’s express consent, the Operator may use another method of payment for the refund, but no additional fee may be charged to the consumer as a result. The Operator bears no liability for any delay resulting from a bank account number or postal address that the Consumer has provided incorrectly and/or inaccurately.

Additional costs

If the consumer expressly chooses a delivery method other than the least costly standard delivery method, the Operator is not obliged to reimburse the additional costs resulting therefrom. In such a case our reimbursement obligation extends only up to the stated general delivery rates.

Right of retention

the Operator may withhold the amount due to the consumer until the consumer has returned the product or has proved beyond doubt that it has been sent back; the earlier of the two dates is to be taken into account. We are unable to accept items sent cash on delivery or carriage forward.

Obligations of the consumer in the event of withdrawal or termination

Return of the product

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the consumer is obliged to send back the product without delay, but no later than fourteen days from communicating the withdrawal, or to hand it over to the Operator or to a person authorised by the Operator to take delivery of the product. The return is deemed to have been made in due time if the consumer sends the product before the expiry of the time limit.

Bearing of the costs relating to the return of the product

The consumer bears the cost of returning the product. The product must be returned to the Operator’s address. If, after performance has begun, the consumer terminates a contract for the provision of services concluded away from business premises or at a distance, the consumer is obliged to pay the business a fee proportionate to the service performed up to the time at which 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 stipulated 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. Please note that we are unable to accept a product returned cash on delivery or carriage forward.

Consumer’s liability for diminished value

The consumer is liable for any diminution in value resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the product.

The right of withdrawal cannot be exercised in the following cases

the Operator expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases set out in Section 29(1) of Government Decree 45/2014 (II. 26.):

1. a) in the case of a contract for the provision of services, after the service has been fully performed, if the business began performance with the consumer’s express prior consent and the consumer acknowledged that he or she loses the right of termination once the service has been fully performed;
2. b) in respect of a product or service whose price or fee depends on fluctuations in the financial market which the business cannot influence and which may also occur during the time limit set for exercising the right of withdrawal;
3. c) in the case of a product that is not prefabricated and that was produced on the basis of the consumer’s instructions or at the consumer’s express request, or in the case of a product that was clearly tailored to the consumer’s person;
4. d) in respect of a product that is perishable or retains its quality only for a short time;
5. e) in respect of a product in sealed packaging which, for reasons of health protection or hygiene, cannot be returned once opened after delivery;
6. f) in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
7. g) in respect of an alcoholic beverage whose actual value depends on market fluctuations that the business cannot influence, and whose price was agreed by the parties when the sales contract was concluded, but for which performance of the contract takes place only after the thirtieth day following its conclusion;
8. h) in the case of a contract for work in which the business visits the consumer at the consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
9. i) in respect of the sale of a sound or video recording in sealed packaging, and of a copy of computer software, if the consumer has opened the packaging after delivery;
10. j) in respect of newspapers, periodicals and magazines, with the exception of subscription contracts;
11. k) in the case of contracts concluded at a public auction;
12. l) in the case of a contract for the provision of accommodation, other than for residential purposes, and a contract for transport, passenger car rental, catering or services related to leisure activities, if a performance date or deadline has been stipulated in the contract;
13. 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, simultaneously with giving that consent, declared that he or she acknowledges that he or she loses the right of withdrawal once performance has begun.

Home delivery rates

There is no delivery for order values below HUF 4,990. The home delivery fee is HUF 2,000.

Home delivery fee with cash on delivery: HUF 2,290.

When a coupon is used, the order total must  exceed HUF 4,990 after the coupon has been applied as well.

Use of coupons and promotional codes

A coupon or promotional code providing a fixed-amount or percentage discount, made available to the user in a promotion, in a newsletter or individually, can be used where the minimum purchase value is HUF 15,000.

Data protection

The Operator processes the personal data provided during registration under the conditions laid down in Act CXII of 2011 on the Right of Informational Self-determination and on Freedom of Information. Accordingly, the processing of personal data provided during registration takes place on the basis of the Customers’ prior informed, voluntary and explicit consent (legal basis of processing).

The Operator uses the data exclusively for ordering purposes connected with the use of the Webshop service and, with the Customer’s explicit consent, for the newsletter service sent within the framework of the Operator’s own promotional, advertising and electronic advertising campaigns (purposes of processing).

The Operator does not disclose the Customer’s personal data to third parties, except to the Courier Service and to the Barion online payment operator.

The Customer acknowledges that the provision of data is voluntary, and that the consent was given voluntarily and for an indefinite period, subject to the Customer’s right to withdraw it in writing at any time. Even with the use of the most up-to-date technologies and the most careful data processing possible, the Operator cannot guarantee that unauthorised persons will not gain access to the data while it is stored online.

By pressing the Registration or the “Send order” button, the Customer unconditionally and irrevocably declares that he or she has read, understood, taken note of and acknowledged as binding upon himself or herself the GTC and the Privacy Notice.

During the browsing of the Webshop, technical information is recorded for statistical purposes (IP address, duration of visit, etc.). The Operator hands over this data to the authorities only in a legally credibly justified and substantiated case. Enabling cookies is necessary for using the service. If you do not wish to allow the use of cookies, you can disable them in your browser settings. If cookies are disabled, certain elements of the service can be used only partially or not at all. A cookie is a file sent by the server to the user’s browser and stored on the user’s computer. No personal data is stored in a cookie. The Operator uses the data recorded during the order process to fulfil the order. The data of the invoice made out by the individual IT systems from an order placed on the pages of the Webshop are recorded together with the data provided during the placing of the order and are stored for the period specified in the applicable accounting act. The Operator treats confidentially the data provided during the browsing of the Webshop or during the newsletter subscription offered during registration; unsubscription can be requested at any of the contact details provided.

Amendment of the GTC

The Operator shall be entitled to amend the terms of these GTC unilaterally at any time.

The new, amended GTC shall enter into force when the Operator publishes it on the www.allin-natualfood.hu website. The notice shall state the date on which the amendment enters into force and where the amended GTC can be accessed. The Customer shall expressly accept the amended GTC, in the manner provided on the website, when placing an order after the amendment has entered into force.

The Operator shall perform the orders placed on the basis of the GTC in force at the time the order is placed, as made known to and accepted by the Customer. Amendments to the GTC shall not affect orders placed before the date of the amendment or the contractual relationships arising from them.

Termination of the contract

The Customer may request termination of the contract at any time; the Operator shall acknowledge such request after verifying the Customer’s identity, shall terminate the Customer’s ability to use the Webshop and shall delete the Customer’s registration. The Operator reserves the right to terminate the contract unilaterally if the Customer fails to comply with the provisions of these GTC.

Liability

The Customer shall bear full responsibility for all orders and other transactions in which the Customer’s password has been used. In view of this, the Customer shall ensure that the password is kept duly confidential. This responsibility of the Customer shall not apply if the password came into the possession of an unauthorised person or persons through no fault of the Customer.

Statutory warranty for defects, product warranty, guarantee

This section of the consumer information notice has been prepared on the basis of the authorisation in Section 9(3) of Government Decree No. 45/2014 (II.26.), using Annex 3 to Government Decree No. 45/2014 (II.26.).

Statutory warranty for defects

In what cases may the Customer exercise the right to statutory warranty for defects?

In the event of defective performance by the Operator, the Customer may enforce a warranty claim for defects against the Operator in accordance with the rules of the Civil Code.

What rights does the Customer have under a warranty claim for defects?

The Customer may, at the Customer’s choice, assert the following warranty claims for defects:

The Customer may request repair or replacement, unless fulfilment of the claim chosen by the Customer is impossible or would cause the Operator disproportionate additional costs compared with fulfilment of the other claim. If the Customer has not requested, or could not request, repair or replacement, the Customer may claim a proportionate reduction of the consideration, or may repair the defect at the Operator’s expense or have it repaired by another person, or – as a last resort – may withdraw from the contract.

The Customer may switch from the chosen warranty right to another one, but shall bear the cost of the switch, unless it was justified or the Operator gave cause for it.

Within what time limit may the Customer enforce a warranty claim for defects?

The Customer shall notify the defect immediately after discovering it, but no later than within two months of the discovery of the defect. Please note, however, that the Customer may no longer enforce warranty rights for defects after the two-year limitation period from performance of the contract.

Where the subject matter of a contract between a consumer and a business is a second-hand item, the parties may agree on a shorter limitation period; however, even in this case a limitation period shorter than one year cannot validly be stipulated.

Against whom may the Customer enforce a warranty claim for defects?

The Customer may enforce the warranty claim for defects against the Operator.

Are there any other conditions for enforcing warranty rights for defects?

Within six months of performance, the only condition for enforcing the Customer’s warranty claim for defects, beyond notification of the defect, is that the Customer proves that the product or service was provided by the Operator. After six months from performance, however, the Customer is required to prove that the defect identified by the Customer already existed at the time of performance.

In the case of second-hand products, warranty and guarantee rights ordinarily differ from the general rules. Defective performance may also arise with second-hand products, but regard must be had to the circumstances on the basis of which the Customer could have expected certain defects to occur. Due to wear and tear, the occurrence of certain defects becomes increasingly frequent, and consequently it cannot be assumed that a second-hand product has the same quality as a newly purchased one. Accordingly, the Customer may enforce warranty rights only in respect of deficiencies that go beyond defects resulting from prior use and that arose independently of them. If the second-hand product is defective and the Customer, being a Consumer, was informed of this at the time of purchase, the Service Provider has no liability in respect of the known defect.

Product warranty

In what cases may the Customer exercise the right to product warranty?

In the event of a defect in a movable item (product), the Customer may, at the Customer’s choice, enforce either a warranty claim for defects or a product warranty claim, provided that the product was taken over from the Operator or the carrier company during the first delivery attempt.

What rights does the Customer have under a product warranty claim?

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

In what case is a product considered defective?

A product is defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the characteristics set out in the description provided by the manufacturer.

Within what time limit may the Customer enforce a product warranty claim?

The Customer may enforce a product warranty claim within two years of the product being placed on the market by the manufacturer. After this period has elapsed, the Customer loses this entitlement.

Against whom and subject to what other conditions may the Customer enforce a product warranty claim?

The Customer may exercise the right to a product warranty claim solely against the manufacturer or distributor of the movable item. When a product warranty claim is enforced, the Customer must prove the defect of the product.

In what case is the manufacturer (distributor) released from its product warranty obligation?

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

• it did not manufacture or place the product on the market in the course of its business activity, or
• the defect was not discoverable at the time of placing on the market according to the state of scientific and technical knowledge, or
• the defect of the product results from the application of a law or a mandatory official requirement.

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

I draw your attention to the fact that, for the same defect, you may not enforce a warranty claim for defects and a product warranty claim simultaneously, in parallel with each other. However, if your product warranty claim is successfully enforced, you may enforce your warranty claim for defects against the manufacturer in respect of the replaced product or the repaired part.

Guarantee

In what cases may the Customer exercise the right to guarantee?

In the event of defective performance, on the basis of Government Decree No. 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods,  the Operator is obliged to provide a guarantee.

The provision of a guarantee is prescribed by law in the case of durable consumer goods (e.g. technical products, tools, machines) and their parts whose purchase value exceeds HUF 10,000.

What rights does the Customer have under the guarantee and within what time limit?

Government Decree No. 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods determines the cases of mandatory guarantee. For Products that do not fall within this scope, the Operator does not undertake a guarantee. A guarantee claim may be enforced within the guarantee period. If the party obliged under the guarantee fails to perform its obligation within the appropriate time limit following the request of the beneficiary, the guarantee claim may be enforced before a court within three months from the expiry of the time limit set in the request, even if the guarantee period has already expired. Failure to meet this time limit results in forfeiture of the right. In other respects, the rules applicable to the exercise of warranty rights for defects shall apply mutatis mutandis to the enforcement of the guarantee claim. The guarantee period is one year. Failure to meet this time limit results in forfeiture of the right. The guarantee period begins on the date on which the consumer goods are handed over to the consumer or, if commissioning is carried out by the business or its agent, on the date of commissioning. For any guarantee claims beyond one year, please contact the manufacturer!

How does the guarantee relate to other warranty rights?

The guarantee applies in addition to warranty rights (product warranty and statutory warranty for defects); the fundamental difference between the general warranty rights and the guarantee is that, in the case of a guarantee, the burden of proof is more favourable to the consumer.

Consumer goods subject to the mandatory guarantee under Government Decree No. 151/2003 that are permanently connected or weigh more than 10 kg, or cannot be carried as hand luggage on public transport – with the exception of vehicles – must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the business – or, where the repair claim was enforced directly with the repair service, the repair service – shall arrange for dismantling and reinstallation as well as for transport there and back.

The Operator’s undertaking during the mandatory guarantee period may not contain conditions for the consumer that are less favourable than the rights afforded by the rules on mandatory guarantee. After that period (after 1 year), however, the terms of a voluntary guarantee may be freely determined; even in that case, the guarantee may not affect the consumer’s rights arising from law – including those based on the statutory warranty for defects.

Replacement claim within three working days

The institution of the replacement claim within three working days also applies to sales through the Webshop. A replacement claim within three working days may be enforced for durable consumer goods falling under Government Decree No. 151/2003 (IX. 22.); under this, if someone enforces the replacement claim within 3 working days, the Operator must interpret this as meaning that the product was already defective at the time of sale and must replace the product without further ado.

When is the Operator released from its guarantee obligation?

The Operator is released from its guarantee obligation only if it proves that the cause of the defect arose after performance (e.g. improper storage).

Please note that, for the same defect, you may not enforce a warranty claim for defects and a guarantee claim, or a product warranty claim and a guarantee claim, simultaneously, in parallel with each other; otherwise, however, the rights arising from the guarantee accrue to the Customer independently of warranty entitlements.

The time limit for exercising the warranty and guarantee rights set out in these GTC begins on the day on which the Customer takes delivery of the product.

Complaint handling

The Customer may submit consumer complaints concerning the product or the Operator’s activities using the following contact details:

Postal address: 2100 Gödöllő, Telkes Mária körút 33.

Telephone number: 06 70 386 5836

E-mail: webshop@allin-naturalfood.hu

In the case of an oral complaint made by telephone, the Operator shall draw up a record, send it to the Customer at the latest together with the substantive reply specified in the section on written complaints, and thereafter proceed in accordance with the provisions applicable to written complaints.

The Operator is obliged to assign a unique identification number to an oral complaint made by telephone, which facilitates retrieval of the complaint. The Operator is obliged to communicate this number to the Customer.

The Operator is obliged to investigate a written complaint within thirty days of its receipt and to respond to it substantively, and to arrange for the reply to reach the Customer. If the Operator rejects the complaint, it is obliged to state the reasons for its position in its substantive reply concerning the rejection.

The Operator is obliged to retain the record taken of the complaint and a copy of the reply for five years.

The Operator accepts the objections submitted by the Customer through the direct contact details given in the GTC.

Other means of enforcing rights

If a consumer dispute that may exist between the Operator and the Customer is not settled in negotiations with the Customer, the following means of enforcing rights are open to the Customer:

• Lodging a complaint with the consumer protection authorities. If the Customer notices a violation of the Customer’s consumer rights, the Customer is entitled to lodge a complaint with the consumer protection authority having competence according to the Customer’s place of residence. Following assessment of the complaint, the authority decides whether to conduct consumer protection proceedings. The list and contact details of the authorities having competence and jurisdiction are available on the http://jarasinfo.gov.hu website.
• Conciliation board. For the purpose of out-of-court, amicable settlement of a consumer dispute concerning the quality and safety of products, the application of product liability rules, and the conclusion and performance of the contract, the Customer may initiate proceedings before the conciliation board having competence according to the Customer’s place of residence or place of stay, or may turn to the conciliation board operating alongside the professional chamber having competence according to the Operator’s registered office. For the purposes of applying the rules on the Conciliation Board, a consumer also includes a civil organisation, church, condominium, housing cooperative, and micro-, small and medium-sized enterprise, as defined by separate law, that buys, orders, receives, uses or avails itself of goods, or is the addressee of commercial communication or an offer relating to goods. The Komárom-Esztergom County Conciliation
• Postal address: Komárom-Esztergom County Chamber of Commerce and Industry
• 2800 Tatabánya, Fő tér 36.
• E-mail address: bekeltetes@kemkik.hu

Depending on the Customer’s place of residence (place of stay), the Customer may turn to the conciliation boards in order to settle the consumer dispute. The Operator is obliged to take part in conciliation board proceedings. For the purposes of this section, sending a written response also constitutes cooperation.

Baranya County Conciliation Board

Address: 7625 Pécs, Majorosy Imre u. 36.

Postal address: 7602 Pécs, Pf. 109.

Telephone number: (72) 507-154

Fax number: (72) 507-152

E-mail address: kerelem@baranyabekeltetes.hu

               info@baranyabekeltetes.hu

Bács-Kiskun County Conciliation Board

Address: 6000 Kecskemét, Árpád krt. 4.

Telephone number: (76) 501-525, 501-500532

Fax number: (76) 501-538

E-mail address: bekeltetes@bacsbekeltetes.hu

Békés County Conciliation Board

  Address: 5600 Békéscsaba, Penza ltp. 5.

Telephone number: (66) 324-976, 446-354,

451-775

Fax number: (66) 324-976

E-mail address: bekeltetes@bmkik.hu;

              bmkik@bmkik.hu

Borsod-Abaúj-Zemplén County Conciliation

Board

Address: 3525 Miskolc, Szentpáli u. 1.

Telephone number: (46) 501-091, 501-870

Fax number: (46) 501-099

E-mail address: bekeltetes@bokik.hu

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Telephone number: (1) 488-2131

Fax number: (1) 488-2186

E-mail address: bekelteto.testulet@bkik.hu

Csongrád County Conciliation Board

Address: 6721 Szeged, Párizsi krt. 8-12.

Telephone number: (62) 554-250/118 extension

Fax number: (62) 426-149

E-mail address: info@csmkik.hu

Fejér County Conciliation Board

Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.

Telephone number: (22) 510-310

Fax number: (22) 510-312

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

Győr-Moson-Sopron County Conciliation Board

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

Telephone number: (96) 520-202; 520-217

Fax number: (96) 520-218

E-mail address: bekeltetotestulet@gymskik.hu

Hajdú-Bihar County Conciliation Board

Address: 4025 Debrecen, Petőfi tér 10.

Telephone number: (52) 500-710;500-745

Fax number: (52) 500-720

E-mail address: bekelteto@hbkik.hu

Heves County Conciliation Board

Address: 3300 Eger, Faiskola út 15.

Postal address: 3301 Eger, Pf. 440.

Telephone number: (36) 416-660/105 extension

Fax number: (36) 323-615

E-mail address: bekeltetes@hkik.hu

Jász-Nagykun-Szolnok County Conciliation Board

Address: 5000 Szolnok, Verseghy park 8.

Telephone number: (56) 510-610

Fax number: (56) 370-005

E-mail address: bekeltetotestulet@jnszmkik.hu

Komárom-Esztergom County Conciliation Board

Address: 2800 Tatabánya, Fő tér 36.

Telephone number: (34) 513-010

Fax number: (34) 316-259

E-mail address: bekeltetes@kemkik.hu

Nógrád County Conciliation Board

Address: 3100 Salgótarján, Alkotmány út 9/a

Telephone number: (32) 520-860

Fax number: (32) 520-862

E-mail address: nkik@nkik.hu

Pest County Conciliation Board

Address: 1119 Budapest, Etele út 59-61. II. emelet 240.

Postal address: 1364 Budapest, Pf.:81

Telephone number: (1)-269-0703

Fax number: (1)-269-0703

E-mail address: pmbekelteto@pmkik.hu

Somogy County Conciliation Board

Address: 7400 Kaposvár, Anna utca 6.

Telephone number: (82) 501-000

Fax number: (82) 501-046

E-mail address: skik@skik.hu

Szabolcs-Szatmár-Bereg County

Conciliation Board

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Telephone number: (42) 311-544, 420-180

Fax number: (42) 420-180

E-mail address: bekelteto@szabkam.hu

Tolna County Conciliation Board

Address: 7100 Szekszárd, Arany J. u. 23-25.

Telephone number: (74) 411-661

Fax number: (74) 411-456

E-mail address: kamara@tmkik.hu

Vas County Conciliation Board

Address: 9700 Szombathely, Honvéd tér 2.

Telephone number: (94) 312-356

Fax number: (94) 316-936

E-mail address: vmkik@vmkik.hu

Veszprém County Conciliation Board

Address: 8200 Veszprém, Budapest u. 3.

Telephone number: (88) 814-111

Fax number: (88) 412-150

E-mail address: info@bekeltetesveszprem.hu

Zala County Conciliation Board

Address: 8900 Zalaegerszeg, Petőfi utca 24.

Telephone number: (92) 550-513, 550-514

Fax number: (92) 550-525

E-mail address: zmkik@zmkik.hu; zmbekelteto@zmkik.hu

EU Commission online dispute resolution platform

The purpose of the online dispute resolution platform is to facilitate the out-of-court settlement of disputes arising in connection with obligations deriving from online sales or service contracts between consumers resident in the European Union or in another State party to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) and traders established in the European Union or in another State party to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein).

The Customer may also initiate the settlement of a complaint relating to an online purchase through the online dispute resolution platform. All that is required for this is that, via the link above the consumer registers on the online platform available there, completes an application in full and then submits it electronically.

Court proceedings. The Customer is entitled to enforce a claim arising from a consumer dispute before a court in civil proceedings, in accordance with the provisions of Act V of 2013 on the Civil Code and Act III of 1952 on the Code of Civil Procedure.