General terms and conditions
General terms and conditions
In these General Terms and Conditions (hereinafter: GTC) the rights and obligations of Wellis Hungary Commercial and Service Private Limited Company (hereinafter: Provider) and the Customer (hereinafter: Customer) using the electronic trading services by www.wellispart.com provided by the Provider are described. (Provider and Customer jointly referred to as: Parties). The GTC apply to all legal transactions and services that www.wellisparts.com provides, independently from its fulfilment from Hungary or abroad, by the Provider or its contributor.
PROVIDER INFORMATION:
Name: Wellis Hungary Plc.
Registered office: 1118 Budapest, Budaörsi út 31/C.
Postal address: 2371 Dabas, Mánteleki út hrsz. 0417.
Customer service: see 1.7
Telephone: +36 29 564 380
E-mail address: info@wellis.com
Company registration number: Cg. 01-10-048882
Name of the registering court: Company Registry Court of Budapest – Capital Regional Court
VAT number: 25584864-2-43
1. VALIDITY, GENERAL INFORMATION
1.1. These GTC cover all e-commerce service that www.wellisparts.com (hereinafter: Website) offers through its e-store (hereinafter: wellisparts online store). Furthermore, these GTC cover all commercial transactions that is created electronically between the Parties set out in these GTC.
1.2. The Customer acknowledges and accepts the provisions of the GTC by registering and using the wellispart online store.
1.3. Purchase on the online store of wellisparts is allowed through orders sent electronically, in accordance with the GTC. The services of wellisparts online store are bound to registration (and later to login), to which anyone is entitled as laid down in the GTC.
1.4. The order can be modified or cancelled freely and without consequence, up until confirmation sent via e-mail. The order can only be modified by sending an e-mail to the address specified in Point 1.5.
1.5. Customer service: Wellis Hungary Plc. Customer service location: 2371 Dabas, Mánteleki út hrsz. 0417. Personal customer reception is not available at the location of customer service office. The Customer can only contact customer service by e-mail or telephone.
Administration is available in Hungarian, English, French or German.
Customer service call:
Customer service opening hours:
Working days: Monday – Thursday: from 8.00 to 12.00 and from 13.00 to 16.30
Friday: from 8.00 to 12.00 and from 13.00 to 15.30
Telephone: 36204859890
Website: www.wellisparts.com
E-mail: info@wellisparts.com
1.6 The delivery and billing addresses specified by the Customer can only be within the territory of the countries offered by the system.
2. REGISTRATION
2.1. Using the Login button on the main page, the site will redirect you to www.accounts.wellisparts.com. The registration may only occur by clicking the Register button on the page and filling the form there. Registration is done separately for end users and companies. On the registration form you are required to enter a valid e-mail address and a chosen password as login. The registration will be finalised by clicking on the link provided in the e-mail sent for validating the registration. The Service Provider reserves the right to classify certain companies as resellers, enabling purchase on discounted price. The reseller rating is always based on individual evaluation. We will notify the Customer by e-mail about the result of the rating.
By registering on the Website, the Customer acknowledges and agrees to the GTC and the Privacy Statement published on the Website, and consents to the processing of data set by the Privacy Statement. If the Customer fails to accept the GTC, or does not consent to the processing of data, then the Customer is obliged to leave and cease to use the wellisparts online store.
2.2. The Provider may not be held liable for any damages or delivery delays resulting from erroneous or inaccurate data provided by the Customer. The Provider may not be held liable for any damages arising therefrom if the Customer forgets the password or it becomes available to any unauthorised person, for any reason not attributable to the Provider. The Provider handles all registrations as independent entities. Changing previously recorded data is possible by logging in and accessing the Accounts menu after clicking the Profile link, which may also affect the data of active orders. The Customer shall notify the customer service about any change of data in active orders by sending an e-mail to the e-mail address specified in 1.5. The Provider shall not be liable of any kind of damages or delays resulting from alteration of registrated by the Customer.
2.3 Upon successful registration, the Provider informs the Customer by e-mail, in which the Customer can review the data provided during the registration on a summary interface. Registration is voluntary and for indefinite period.
2.4 Registration and purchase are allowed both for individuals and companies. Registration as a company requires a valid VAT number.
3. UNREGISTRATION
3.1. The Customer is entitled to cancel their registration at any time by clicking the Profile link using the Delete Account button under Account menu. The Customer’s user data will be removed from the system immediately after deletion; this does not affect the previously recorded documents related to orders and the data retained therein. After removal, there is no way to restore the data.
3.2. The Customer is solely responsible for secrecy of user access data (especially the password). If the Customer becomes aware of the fact that an unauthorized third party has been granted access to the password provided during registration, they must immediately change their password, and if it can be assumed that the third party is abusing the password in any way, the Customer must notify the Provider at the same time as well.
3.3. The Customer agrees to update the personal information provided during the registration in order to make them timely, complete and real.
4. ORDERING, RULES CONCERNING ELECTRONIC CONTRACTING
4.1. The essential features, attributes, and instructions for using the product can be found on the product information page of the particular product. If the product has more favourable, more advantageous properties than the information provided on the website or in the instructions for use, that is considered to be the contractual fulfilment of the Provider.
If the Customer is in need of more information about the quality, basic attributes, use and usability of any product on the Website, then they can contact the customer support centre at any of the contacts listed in point 1.5.
4.2. The purchase price is always the amount indicated next to the selected product, which – if not marked separately – already includes VAT. The purchase price of products does not include the cost of delivery. The amount payable is shown in Hungarian forints (HUF) for Hungarian customers, in pound sterlings (GBP) for British customers, and in euros (EUR) for customers from other countries. The Provider reserves the right to amend the price and data of products and other terms of ordering, provided the amendment is applied at the same time as the introduction of products on the Website. The amendment does not affect the purchase price of already ordered products. We cannot refund money when a payment is initiated by using an online credit card, and during the period of price reduction between the sending of the electronic payment note and the receipt of the product. The security check of an online payment transaction takes a minimum of 24 hours, the product can only be received thereafter.
4.3. If, despite all the caution and carefulness of the Provider, a defective price is posted on the Website’s interface, the Provider is not obliged to sell the product/service at the defective price, but may offer to the Customer the correct fulfilment at the right price, in the knowledge of which the Customer can withhold their purchase intention.
A defective price is, in particular but not limited to:
– an obviously incorrect, unrealistic price which significantly differs from the generally accepted price of the relevant product/service;
– “0” HUF (EUR, GBP) or “1” HUF (EUR, GBP) price due to a system failure;
– other striking price that shows value disproportion.
The Provider excludes any liability for data input errors or false/incorrect price declarations.
4.4. The Provider will only accept the order from a registered Customer through the Website, and only if the Customer fills all the fields required completely for the order. (If the Customer fills a field incorrectly or incompletely, the Website sends an error message from the Provider.) To place an order at the Wellisparts online store, the Customer must login after registration, fill in the missing shipping and billing information, then use the Cart. The Customer may place the selected product (s) in the Cart by using the “Add to Cart” button on the page. To view and modify the contents of the Cart, the Customer may click on the Cart icon on the right side of the Website, then click on the Order button to specify the desired quantity of products or delete items by clicking on the red icons in the circles at the end of the lines, and the quantity of the desired product (s) can also be modified. If the Customer has finalised the contents of the Cart, by clicking the “Order” under the cumulative purchase price, they must login to the Website or register on the displayed interface to submit the order. Next they can choose between shipping options and select delivery information. If the Customer entered all the required information and selected the delivery option, the payment methods will automatically appear, where the Customer chooses how to settle the total amount of the order. After selecting one of the payment methods, the Customer can click on the “Order” button to check their order information before submitting an order and may comment on their order. Subsequently, the Customer must confirm that they have read, understood and accepted the General Terms and Conditions and the Privacy Statement by ticking a check box. To submit the order, to send the quote, the Customer must click on “Continue to pay”. By clicking on the “Continue to pay” button, the order is placed, which applies a payment obligation to the Customer.
4.5. At any time during the order and before submitting an order to the Provider, the Customer may modify incorrect data at the Delivery address option under Account menu by clicking on the Profil link. The delivery address can be changed by clicking on the “Edit’” sign.
4.6. The contract concluded between the Parties at the time of purchasing the product – in Hungarian, English, French or German – is a written contract, the Service Provider records it and keeps it available subsequently for a period of 5 years after its creation.
4.7. The Provider does not undertake provisions of any code of conduct.
4.8. The purchase contract may be in Hungarian, English, French or German. In case of different interpretations of the text of the contract or any dispute, the Hungarian version is applicable.
5. BINDING QUOTE, ORDER CONFIRMATION
5.1. By clicking on the “Order” button, the Customer makes a binding and payable quote to purchase the product (s) in the Cart, and by ticking the check box, accepts and agrees to the present GTC. When the Customer’s quote and order reaches the Provider, it will result in a binding quote on behalf of the Customer.
5.2. The Customer’s submission of the order does not result in the conclusion of a contract between the Provider and the Customer. The Provider’s receipt of an order electronically delivered by the Customer shall be confirmed by the Provider without delay, by means of an automatic confirmation e-mail within 48 hours, which contains the Customer’s data recorded during purchase or registration (e.g. billing and delivery information), the order ID, the list of ordered items, their quantity, the price of the product, the shipping cost and the total amount to be paid. This confirmation e-mail only informs the Customer that their order has been received by the Provider. The Customer is required to review the contents of the confirmation e-mail, its attachment or the links contained therein, to review the correctness of the data and parameters they have provided. Any issue, additional delivery and other costs or delay that may be due to incorrectly or insufficiently detailed information, is borne by the Customer. The confirmation of the receipt of the order as specified in this section does not mean the acceptance of the Customer’s quote.
5.3. A contract can only be regarded as concluded when the Provider declares the acceptance of the order, which is confirmed by a separate e-mail sent to the Customer.
5.4. The Customer shall be exempt from the binding quote if they do not receive a confirmation e-mail from the Provider about the submitted order within 48 hours.
5.5. If the Customer has already sent the order to the Provider and notices an error regarding the information contained in the confirmation e-mail, then they must notify the Provider without delay but within 24 hours by sending an e-mail to the e-mail address specified in point 1.5.
6. DELIVERY CONDITIONS AND TERMS OF PAYMENT
6.1. The Provider supplies the product ordered and requested for home delivery with the help of a home-delivery company for a fee. If there are multiple orders from a Customer, they cannot be merged into a single delivery.
6.2. The estimated delivery date is always included in the order confirmation, depending on the time of receipt of the order, but no more than 5-7 business days.
6.3. The customer may inform about the payment methods and delivery options of the Provideron the shipping and payment optionspages.
6.4. Bank account number: The Provider shall provide the Customer with a payment confirmation after sending the order and send it to the Customer’s e-mail address. The invoice contains the amount that the Customer has settled by using the online payment method provided by the Provider (credit card payment). The Provider provides the Customer with a paper-based invoice as proof of purchase upon receipt of the product (at the delivery by courier, etc.).
7. CUSTOMER CONSIDERED AS CONSUMER’S RIGHT OF WITHDAWAL
7.1. If the Customer is deemed to be a consumer, then, according to Act 45/2014. regulating rules of contracts between the consumer and the company (II. 26.) Government Decree Article 20. the consumer is entitled to the right of withdrawal for products purchased and ordered through the wellisparts online store in accordance with present GTC
According to the Civil Code 8:1. Article 3., a consumer is a natural person (“Consumer”) acting outside their profession, self-employment or business activity.
A Customer who is a consumer is entitled, in case of a product purchase contract, to
withdraw from the product, withdraw from the last product in case of multiple products, withdraw from the last item or piece in the case of a product composed of several items or pieces, withdraw from the first service in case the product has to be delivered regularly over a specified period,
withdraw from the contract without justification within fourteen (14) days from the date of receipt by a third party other than the carrier appointed by the Customer.
The Customer deemed to be a consumer is entitled to exercise their right of withdrawal during the period between the conclusion of the contract and the date of receipt of the product.
The Consumer is not entitled to the right of withdrawal
– in case of a non-prefabricated product which was manufactured on the instruction or the explicit request of the consumer, or for a product that was clearly customised for the consumer.
– in case of a product sold in sealed packaging which, for health and hygiene reasons, cannot be returned after delivery if the packaging has been opened.
8. PROCESS OF EXERCISING THE RIGHT OF WITHDRAWAL
8.1. If the Consumer wishes to use their right of withdrawal, they must send a clear written statement of their intention for withdrawal to the customer service of the Provider in the form of a letter sent by post or by electronic means, in accordance with Section 1.5 of this GTC. For this purpose, the Consumer may use www.wellisparts.com/elallas-reklamacio a withdrawal statement specimen available in this GTC in Appendix 1 and downloadable via the internet link. The Consumer shall exercise their right of withdrawal by sending their withdrawal statement to the Provider within a period of time prior to the expiry of the deadline mentioned above.
8.2. The Consumer bears the burden of proving that they have exercised the right of withdrawal in accordance with the provisions set out in Point 8. or with the relevant legal provisions.
8.3. In the case of both postal delivery and electronic mail, the Service Provider confirms by e-mail the receipt of the Consumer’s withdrawal statement.
8.4. A withdrawal must be considered valid due time if the Consumer sends a statement to this effect within 14 calendar days (up to 14 calendar days) to the Provider.
8.5. In case of sending the statement by post, it is the date of posting time, in case of e-mail, the date of sending must be taken into account on behalf of the Provider when calculating the deadline. The Customer deemed to be a consumer must send their statement of withdrawal as recommended letter by post in order to validly prove the date of dispatch.
8.6. The Customer deemed to be a consumer is obliged to return the ordered products immediately, but not later than within 14 (fourteen) days from the date of notification of withdrawal to the Provider to the address below:
Return delivery postal address:
Wellis Hungary Plc.
HU-2370 Dabas, Mánteleki út 0417.
Returns can be made by mail order service, by post or by carrier company. In case of returning the product by carrier company, the date of return must be communicated to the customer service within 2 business days prior to delivery. Returns must be made within 14 calendar days of the filling of the notice of withdrawal.
8.7. The deadline shall be deemed to be fulfilled if the Consumer sends the product (by post or courier ordered by them or by a delivery company) before the expiry of the 14 day deadline.
8.8. The cost of returning the product to the Provider’s address shall be borne by the Customer, unless the Provider has undertaken to bear these costs. At the request of the Consumer, the Provider takes care of organising the return, but the cost of activities organised by the Provider are charged to the Consumer, the Provider, in this case, does not bear the cost of return instead of the Consumer, they only provide help for the Consumer to deal with the organisation of return. The Consumer must notify the Provider’s customer service about this request in advance by sending an e-mail to the e-mail address specified in Point 1.5.
8.9. The Provider is not able to receive the returned package if it is collect-on-delivery. There are no additional costs for the Consumer aside of the cost of returning the product in relation to the withdrawal.
8.10. If the Consumer withdraws the contract, then the Provider shall immediately, but not later than within 14 days from the receipt of the statement of withdrawal, refund all remuneration made by the Consumer, including the shipping cost (paid for delivery), except for the extra costs that concern the Consumer’s choice of choosing alternate delivery method instead of the cheapest one offered by the Provider. The Provider is entitled to withhold the refund as long as they have received the product back, the Provider assumes no responsibility for loss of packages/delivery mistakes.
8.11. Refunds are paid using the same payment method as the original transaction, except where the Customer expressly consented to the use of a different payment method; such refund transaction may not result in additional costs to the Customer.
8.12. If the Customer who is a consumer withdraws from the purchase of the product by a unilateral statement, but uses the product affected by the withdrawal in a way to exceed the required use, so establish its nature, properties or operation is no longer possible, then the Customer is liable for the depreciation of the product. The Provider is entitled to claim the amount proportional to this depreciation during the repayment of the purchase price of the product concerned by the right of withdrawal, i.e. they may deduct this amount from the reimbursable purchase price by compensation. The amount of depreciation is calculated based on the product affected by the withdrawal: its nature, its value (purchase price) and the degree of attrition/wear resulting from the use mentioned above.
8.13. If the Consumer exercises their right of cancellation after the commencement of the performance of a contract of service, they shall be obliged to reimburse the reasonable costs of the Provider.
9. WARRANTY
9.1. Compulsory warranty
9.1.1. The Provider has guarantee obligation in accordance with Government Decree 151/2003 on the compulsory guarantee for certain durable consumer goods (IX. 22.) Government Decree entitled to guarantee obligation, which means that, during the warranty period, they shall be exempted from the warranty obligation if they prove that the cause of the fault occurred after the delivery.
9.1.2. The beginning of the warranty period (warranty time) is the date of actual delivery, i.e. delivery of the product to the Customer, or if the deployment is made by the Provider or its agent, is the day of deployment. Those consumer goods are considered durable consumer goods in accordance with Government Decree 151/2003. (IX.22). that are listed in the annex of the Government Decree, to which the law applies one year mandatory warranty period. The (tangible) scope of the regulation applies only to the new products sold under a consumer contract concluded in Hungary and which are listed in the annex to the Decree.
The fault is not covered by the warranty if the reason occurred after the product has been delivered to the Customer, such as if the fault originates from
improper deployment (unless deployment is carried out by the Provider or its agent or if the improper deployment is due to an error in the user guide) improper use, disregard of the instructions of the user guide, improper storage, improper handling, vandalism, accident, elemental damage, natural disaster.
In the case of a fault covered by warranty, the Customer shall:
at discretion, require repair or replacement, unless chosen warranty claim is impossible to fulfil, or it would result in a disproportionate additional cost for the Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in flawless state, the measure of the breach of contract and harm of interest caused to the Customer by fulfilling the warranty claim. if the Provider undertake no repair, neither replacement within a reasonable time to fulfil this obligation, they cannot meet the Consumer’s interests, or if the Customer’s interest in repair or replacement has ceased, then the Customer may, at their discretion, request a proportional reduction of the purchase price, may repair the fault themselves or by someone else at the Provider’s expense or may cancel the contract.
There is no place for a withdrawal due to an insignificant fault.
If the Customer validates a replacement request within three working days of the purchase (putting into service) due to the defect of the product, the Provider is obliged to replace the product, provided that the defect prevents its intended use.
The repair or replacement – taking into account the product’s characteristics and the intended purpose of the Customer – must be made within a reasonable deadline, to spare the interests of the Customer. The Provider should endeavour to fulfil repairs or replacements within a maximum of fifteen days.
During repair, only new parts may be installed in the product.
The period of the repair time during which the Customer cannot use the product is not covered by the warranty period. The warranty period will be resumed in the case of replacement (repair) of the product or the replaced (repaired) product (part of the product), and as a consequence of the defect resulting from the repair.
9.1.3. Costs related to the fulfilment of the warranty are charged to the Provider.
9.1.4. The Provider shall only be exempt from its warranty liability if it proves that the cause of the fault occurred after fulfilment.
9.1.5. However, the Customer does not have the right to simultaneously enforce the warranty and guarantee claims, at the same time, for the same defect. Independently of these limitations, the Customer’s rights arising from the warranty are independent of the rights specified in Points 9.1 and 9.2.
9.1.6. The warranty does not affect the enforcement of the Customer’s legal rights – in particular the liability for material defects, product warranty and compensation.
9.2. Voluntary Warranty
9.2.1. The Service Provider may undertake a warranty period specified in the description of the products sold on the Website. The Provider shall provide the warranty period for each product and the detailed terms and conditions of the warranty at the latest upon receipt of the product by the Customer, by giving information provided on the warranty certificate (warranty card).
10. LIABILITY
10.1. Liability for material defects 10.1.1. In case of defective fulfilment by the Provider, the Customer may validate their warranty claim against the Provider. In the case of a consumer contract, the Customer may validate his warranty claims for the product defects, for a period of two years from the date of receipt, that existed at the time the product was delivered. Beyond the two years limitation the Customer’s right to warranty claims cannot be validated. 10.1.2. In case of a contract with a customer who is not a consumer, the claimant may enforce their warranty claims within 1 year of limitation period from the date of receipt.
10.1.3. Based on their warranty claim, the Customer – at discretion – may ask for repair or replacement, unless the Customer’s claim is impossible to fulfil using these methods or it would result in a disproportionate additional cost to the Provider, compared to the Customer’s another claim. If the Provider has not undertaken or has failed to perform the repair or replacement, or couldn’t fulfil it within the deadline appropriate to the Customer, or in the event of loss of interest, the Customer may request a proportional reduction of the consideration or the defect may be corrected at the Provider’s expense, may be corrected by others, or – in the last case – may also terminate the contract. There is no place for a withdrawal due to an insignificant fault.
10.1.4. The Customer may also switch from one of his chosen warranty claim to another, but shall pay the cost of the switching to the Provider, unless the Provider has given a reason for such change or the change was otherwise justified.
10.1.5. Following the discovery, the Customer shall immediately notify the Provider of the defect. In case of a contract with a customer who is a consumer, defects reported within two months from discovery must be considered published without delay. The Customer is liable for damage resulting from the delay in communication.
10.1.6. The Customer may exercise its guarantee rights directly against the Provider. 10.1.7. In the case of a contract with a Customer deemed to be a consumer, the fact is to be presumed that within six months of the performance of the contract the defect recognised by the Customer already existed at the time of delivery unless such presumption is incompatible with the nature of the product or the nature of the defect. In such case, the Provider shall only be exempted from the warranty obligation if they refute this presumption, i.e. they prove that the cause of the defect occurred after the performance date, that is, the delivery of the product to the Customer.
If the Provider can prove that the cause of the fault happened after the date of delivery, they are not obliged to accept the Customer’s warranty claim. However, in case of a consumer contracted Customer, after six months following the delivery, the consumer contracted Customer shall be obliged to prove that the defect detected by them already existed at the date of delivery. Upon completion, the risk of damage is transferred to the Customer, so any defect in the product for any later reason (e.g. misuse, lack of maintenance or objective, unavoidable damaging circumstances, natural wear) is not the responsibility of the Provider. If the product was defective or the Customer was aware of this fact at the conclusion of the contract, or they had to acknowledge or take it into account due to the nature of the product or to the circumstances of the contract, the Provider’s defective performance cannot be established,
10.1.8. Costs related to the fulfilment of the warranty are charged to the Provider. If the event of failure is due to the lack of maintenance obligation on the Customer’s behalf, then the Customer shall bear the costs incurred by completing the warranty obligation, if they had knowledge of the maintenance of the product or if the Provider did fulfil their informational obligation in this respect.
10.1.9. If the Customer enforces their warranty claim for a separate part of the product – with regard to the specified defect -, the warranty claim shall not be deemed valid for other parts of the product.
10.2. Product warranty 10.1.1. In the event of a defect in the product (movable property), the Customer – at discretion – may enforce one right of product liability or material claim against the manufacturer of the product, according to Section 10.1.
10.2.2. However, the Customer does not have the right to simultaneously enforce the warranty and guarantee claims, at the same time, for the same defect. In case of a valid warranty claim validation; however, you will be entitled to validate your product warranty claim against the manufacturer in respect of the exchanged product or the repaired part.
10.2.3. Within the scope of a product warranty claim, the Customer considered as consumer may only request the repair or replace of the defective product. In case of product warranty claim the Customer must prove the defect of the product.
10.2.4. A product is considered to be defective if it does not meet the quality requirements in force when it is placed on the market or if it does not have the characteristics specified by the manufacturer. 10.2.5. The Customer’s claim for product liability shall be validated within two years of the date of placing the product on the market by the manufacturer. After the deadline, the Customer loses this right. Following the discovery, the Customer shall immediately notify the manufacturer of the defect. Defects reported within two months from discovery must be considered published without delay. The consumer contracted Customer is liable for damage resulting from the delay in communication.
10.2.6. According to the Civil Code, the manufacturer and the distributor of the product are considered to be manufacturers. The Customer may only exercise their rights related to product warranty against the manufacturer or the distributor of the movable property.
10.2.7. In the first instance, the burden of proof falls on a Customer who is a consumer: they have to prove that the product is defective, i.e. it did not meet the quality requirements in force at the time of the manufacturer’s marketing, or did not have the characteristics specified by the manufacturer. The manufacturer is not liable if the cause of the defect of the product was due to the date of its placing on the market, i.e. defective placing on the market did not occur. Evidence of the product’s failure at the time of placing the product on the market is borne by the consumer; however, proof of the exemption conditions is borne by the manufacturer.
10.2.8. The manufacturer is exempted from the product liability if he proves that
a) the product was not manufactured or marketed out of business or self-employed activities; or b) the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the defect to be discovered; or c) the defect of the product was caused by the application of a statutory or mandatory regulatory requirement.
11. PURPOSE OF THE WEBSITE, LIMITATION OF LIABILITY
11.1. The purpose of the Website is to sell products on the site and to provide product information. The pictures and colours displayed for each product are illustrations and therefore may differ from reality. The Provider treats the information contained on the Website with due diligence, the information contained therein is in good faith, but is for informational purposes only, the Provider assumes no responsibility for the accuracy, completeness of the information, and mistakes or errors contained on the Website or the database.
11.2. The Provider expressly excludes any liability for any damages resulting from, or during, the connection to or use of the Website. It is the job of the visitor of the Website to protect their computer and the data stored there from any intruders and other adverse events.
11.3. The Provider shall exclude any liability for the behaviour of the users of the Website and any statements or content that may be published by the users of the Website. The Customer is fully and exclusively responsible for their own conduct, the Provider cooperates fully with the acting authorities in order to investigate infringements.
11.4. The Website may contain hyperlinks (links) that lead to the pages of other providers. The Provider is not responsible for the data protection practices and other activities of these providers.
11.5. If the Customer detects any content that is objectionable on the Website, they shall promptly report it to the Provider. If the Provider finds the report as valid, it is entitled to cancel or modify the information immediately.
12. COPYRIGHT
12.1. Existing and current full content on the Website – in particular, but not limited to, texts, pictures, photos, graphics, illustrations, trademarks, audio and video material, logos, information, other materials or their layout appear on the website – is the intellectual property of the Provider and are under copyright protection or trademark protection. The Provider does not consent to the use of their intellectual property.
12.2. The Provider reserves all rights to copy and distribute any part of the Website by any method or technique. It is forbidden to modify, transform, reproduce, download, store or print any or all of the content of the Website, to use them to create another website or product, to present, expose or distribute, transfer, dispose of it for commercial, business and non-commercial use in any way and in any form without any prior written consent of the Provider. Copying, reusing and mirroring (re-broadcast to the public by means of a technical process), sharing, communicating in any medium, broadcasting or transmission of all this copyrighted content without any prior written consent of the Provider is also prohibited.
12.3. Illegal use may result in legal consequences described by civil or criminal law for the intellectual property. In case of illegal use, the Provider may demand that the infringement be terminated and its damages reimbursed. The graphic elements and logos that are particularly relevant to the Service Provider are trademarked and therefore the unauthorized use is not only a copyright infringement but, if applicable, the Act C of 2012 Criminal Code the 388. article may be considered a criminal offense.
12.4. Any activity that lists, sorts, archives, hacks or decrypts the source code of the database of the Provider is prohibited. By using a separate agreement, an interface provided by the Provider or without using a service for this purpose or bypassing search engines, it is forbidden to modify, duplicate, insert new data or overwrite the existing data of the Provider’s database.
12.5. Apart from the Provider, any link on the Website may only be placed in such a way that it may not give the impression that the Website or the Provider proposes or supports the use or purchase of a service or product that is marketed or offered on the site. Such a hyperlinked website may not provide or contain untruthful information about the Website and the legal relationship existing between the Website and the linked website. The hyperlinked website should not contain infringing content. In the event of a violation of the rules governing the use of the link, the Provider is entitled to remove the link to the Website immediately if the website operator does not remove it despite being warned, and also has the right to claim compensation for any damages incurred by the infringement.
13. OPTIONS OF LAW AND CLAIM ENFORCEMENT
13.1. Complaints management
The Customer’s objections to the product or the activities of the Provider can be reported by contacting the Customer Service, according to Section 1.5.
in the case of a verbal complaint by telephone, they shall send to the Customer a substantive reply specified in the written complaint at the latest and shall proceed according to the provisions on written complaints.
The verbal complaint reported by telephone is assigned by the Provider to a unique identification number, which assists in the retrieval of the complaint.
Within thirty days of the receipt of the written complaint, the Provider is obliged to examine it, respond it substantively and arrange that the respond reaches the Customer. If the complaint is refused by the Provider, they must give their reasons in the substantive reply to the rejection.
13.2. Other options of law and claim enforcement
If the consumer dispute between the Provider and the Customer is not resolved during the consultations with the Provider, the following enforcement mechanisms are at the disposal of the Customer:
13.2.1. Complaint to the competent consumer protection authority
If the Customer who is a consumer notices a violation of their consumer’s rights, they have the right to apply for a complaint to the consumer protection authority of their place of residence. After the complaint is judged, the authority decides on the conduct of the consumer protection procedure. Consumers may primarily turn to the assigned district offices with their complaints. The contacts of the district offices can be found at: http://jarasinfo.gov.hu/.
13.2.2. Initiating the procedure of the conciliation board
If a dispute between the Provider and the Customer is not settled during the negotiations with the Provider, the Customer may contact the conciliation board and may initiate the proceedings of the board. The procedure shall be governed by the conciliation board of Customer’s residence or domicile. In the absence of the residence and domicile of the consumer, the jurisdiction of the conciliation board is determined by the company with the consumer dispute or the seat of body authorized to represent it. For the procedure – according to the petition of the Customer considered as consumer –, the conciliation board mentioned above is replaced by a conciliation board appointed by the consumer.
As far as the application of the rules of the Conciliatory Board is concerned, a non-governmental organisation, a church, a condominium, an housing association, a micro-, small- and medium-sized enterprise, which purchases, orders, receives, uses, requisite, or is the addressee of commercial communication or offer related to the product, they are all regarded as consumers.
The company is obliged to cooperate in the proceedings of the Conciliation Board. This is, on one hand, an obligation to send a response letter to the request of the conciliation board; on the other hand, to secure a participation of a person authorised to conclude an agreement on a conciliatory board hearing. When the seat or the office of the company is registered in a county different from the county of the competent conciliatory board operated by the chamber, the cooperation obligation of the company shall include the offering of a possibility of a written agreement appropriate for the needs of the consumer.
Based on the seat of the Provider, the assigned Conciliation Board in Budapest is (address: 1016 Budapest, Krisztina krt. 99., E-mail: bekelteto.testulet@bkik.hu)
13.2.3. Initiating court proceedings
The Client is entitled to enforce his claim before the court in civil proceedings in accordance with the relevant provisions of the Civil Code.
14. OTHER PROVISIONS
14.1. The issues not regulated in this GTC, the contracts concluded under the GTC and the interpretation of this GTC are governed by Hungarian law, with special regard to
– Act V of 2013 on the Civil Code (“Ptk.”),
– Act CVIII of 2001 (“Elkertv.”) on certain issues concerning on electronic commerce services and on information society services
– Act 45/2014 on the detailed rules for contracts between consumers and businesses. (II. 26.) Government Decree, and
– the provisions of Act CLV. of 1997 on consumer
protection.
In the case of any discrepancy between the foreign language version and the Hungarian version of the GTC, the Hungarian language version shall prevail.
The place of jurisdiction of disputed issues shall be the registered seat of the Provider.
14.2. The Provider’s Online store is an information system based on Linux/PHP, its degree of security is appropriate, it is safe to use, but it is advisable to take the following precautions: use virus and spyware protection software with a fresh database, install security updates for your operating system. Purchase on the Website requires the Customer to know the technical and technological limitations of the Internet and to accept the risk of errors associated with technology.
14.3. The Provider is entitled to unilaterally amend the terms of this GTC at any time. The Provider informs Customers about changes through the Website interface. Amended provisions are applied to orders placed after the entry into force. The Provider reserves the right to make any changes or corrections at the wellisparts online store at any time without prior notice.
The present GTC shall be in effect from 31st October 2018 until cancellation or the effective date of amendments.
Budapest, 31st October 2018
Appendixes:
Specimen of information about warrant of latent defects, product warranty and quarantee
Liability for material defects
When can you exercise your rights related to liability for material defects?
In case of defective performance by Wellis Hungary Plc., you may validate your warranty claim against the Provider, pursuant to the provisions of the Civil Code.
What are your rights based on your claims related to liability for material defects?
You are entitled – at discretion – to the following claims related to liability for material defects:
Based on your warranty claim, you may ask for repair or replacement, unless your claim is impossible to fulfil or it would result in a disproportionate additional cost to the Provider, compared to your other claim. If you did not request, or you were not able to request repair or replacement, you may request reducing the compensation proportionally, you may repair the defect or have it repaired by a third party at the expense of the company, or – as a last resort – you may withdraw from the contract as well.
You may change your choice of warranty claim; however, you must bear the costs of such change, except when it was justified, or the company gave reason to it.
Within what period can you exercise your rights related to liability for material defects?
You are obliged to announce the defect immediately after it is discovered, but no later than within two months after such discovery. However, please note that after the two-year expiration period from the completion of the contract you may no longer enforce your warranty rights. In case of used items, this deadline is 6 months.
Against whom can you exercise your warranty rights?
You may exercise your rights related to liability for material defects against the company.
What other conditions are there for you to exercise its warranty rights?
Within six months after delivery, exercising your rights related to liability for material defects has no conditions other than proving that the product or service was sold or provided by Wellis Hungary Plc. However, after six months following the delivery, you shall be obliged to prove that the defect detected by you already existed at the date of delivery.
Product warranty
When can you exercise your rights related to product warranty?
In case of a defect in a movable property (product), you may – at your option – enforce your right of warranty claim specified in section 1.
What are your rights based on your claims related to product warranty?
Within the scope of product warranty, you may only request the repair or the exchange of the defective product.
When is a product considered defective?
A product is considered defective if it does not meet the quality requirements at the time it is placed on the market, or it does not comply with the quality description provided by the manufacturer.
Within what period can you exercise your rights related to product warranty?
You may exercise your rights related to product warranty within two years after the product was placed on the market. After the deadline, the Customer loses this right.
Against whom can you exercise your rights related to product warranty?
You may only exercise your rights related to product warranty against the manufacturer or the distributor of the movable property. In case of product warranty claims, you are the party required to prove the defect of the product.
In what cases is the manufacturer (distributor) relieved of product warranty obligations?
The manufacturer (distributor) shall only be relieved of product warranty obligation if it can prove that:
– the product was not produced or placed on the market within its business activity, or
– when the product was placed on the market, the defect could not be discovered due to the state of scientific and technical knowledge at the time, or
– the defect of the product is a result of administering any statute or official specification.
For exemption it is sufficient if the manufacturer (distributor) presents only one reason.
Please note that you may not validate a liability for material defect and a product warranty claim for the same defect at the same time. However, in case your product warranty claim is successfully validated, you will be entitled to validate your product warranty claim against the manufacturer in respect of the exchanged product or the repaired part.
Liability
When can you exercise your rights related to liability for material defects?
For some products, in case of defective performance, Wellis Hungary Plc. is warranted by contract or by law.
Based on the guarantee, what are your rights and the relating periods?
According to Government Decree 151/2003. on the compulsory guarantee for certain durable consumer goods (IX. 22.) for the products specified in Appendix 1, the warranty period shall be at least one year.
When is the company exempted from its warranty obligation?
The Provider shall only be exempt from its warranty liability if it proves that the cause of the fault occurred after fulfilment.
Please note that you may not enforce a liability for material defects and a warranty claim simultaneously for the same defect, otherwise you are entitled to the warranty rights regardless of the rights set out in Points 1 and 2.