General Terms and Conditions of Contracting
These General Terms and Conditions of Contracting (hereinafter referred to as the GTC) include the terms and conditions of use of the online store available on www.zamnia.com website (hereinafter referred to as the Website) operated by a Creative City Group Kft. (hereinafter referred to as the Service Provider), pertaining to the Service Provider and the Customer.
Other technical information required for the use of the Website and not contained in these GTC is provided by other information available on the Website. The provisions of these GTC, as well as other information available on the Website shall be interpreted collectively, in the context of each other.
The Website offers for purchase products sold directly by the Service Provider, as well as products of other sellers i.e. enterprises other than the Service Provider that are presented as distributors (hereinafter referred to as Partner).
These GTC specifically contain the rules of sales and purchase of products sold by the Service Provider.
If the contents of these GTC are in conflict with information available on the Website, the provisions of these GTC shall prevail.
By using this Website the Customer acknowledges and accepts the provisions of these GTC.
- Company name: Creative City Group Kft.
- Registered seat, mailing address: 2040 Budaörs, Edison utca 3.
- Phone: +36 23 791 465
- E-mail: [email protected]
- Tax number: 27048533-2-13
- Company registration number: 13-09-204841
- Court of registration: Fővárosi Törvényszék Cégbírósága
- Hosting service provider:
Service: information society-related service that is available via the Website operated the Service Provider, under the framework of which the Service Provider operates a marketplace offering their own and their Partners’ products for sale.
Partner: all self-employed natural or legal persons or unincorporated business entities whose products can be purchased through the Website on the price and under the conditions specified by the Partner.
Customer: natural or legal persons or unincorporated business entities that purchase products offered for sale on the Website directly from the Service Provider or from the Partner under the conditions specified by the Partner.
User: refers to the Partner and Customer collectively.
2. GENERAL TERMS AND CONDITIONS OF USE
The Service available on the Website can only be used by natural persons over the age of 16 with proper legal capacities, as well as by legal persons. For legal persons, it is the representative of the specific business entity who shops on the Website in any case on their own or the represented business entity’s behalf providing true personal data and contact details.
The Website is available in Hungarian, English and Slovak languages upon the Customer’s choice.
The Service Provider is not subject to the provisions of any code of conduct.
Orders placed through the Website shall be deemed as legal statement made by implicit conduct – and not a written one –, and therefore the contract concluded between the Customer and the Service Provider is not deemed as a written contract, such contracts are not filed by the Service Provider, and therefore cannot subsequently be accessed or viewed.
Images presented on the product pages may differ from the actual product. The Service Provider makes all efforts to ensure that product images and colors presented on the Website are true, however – despite the Service Provider’s best efforts – the color of the displayed products may differ from reality – particularly in terms of shades –, as such features largely depend on the monitor and the settings used by the Customer. Please read the product description carefully before placing an order.
Customers do not need to be registered to shop on the online marketplace available on the Website.
If you still want to register, you can do so under “Sign in/Registration” menu items on the Website. Data marked with an asterisk is required to be provided during registration. Username provided upon registration may not include any contact detail (e-mail address, phone number, URL, etc.), vulgar or obscene terms in any language.
Before submitting the registration, the Customer shall tick the appropriate checkbox on this platform to accept these GTC, the provisions of the “Privacy Notice”, and then click on the “Registration” button.
The Service Provider shall notify the Customer of successful registration in e-mail that contains a confirmation link which the customer can use to activate their registration.
Each Customer can have one single registration in the system; only the corresponding registered Customer can use the Service under a specific e-mail address, and furthermore Customers may provide only their own contact details and personal data in the system. The registration data and the account use of the Customers cannot be assigned or transferred to a third party; the Service can only be used by Customers registered under truthful data.
The Customer acknowledges that if – based on the data processed and stored by the Service Provider – the same Customer has several registrations in the system, the restriction of their username may also entail the restriction of further registrations. .
3.1. Deletion of registration
The Customer is entitled to request their registration to be deleted by way of an a-mail addressed to [email protected] Upon the receipt of the mail, the Service Provider shall immediately delete the registration. In the case of deletion, the user data of the Customer are immediately removed from the system; such action, however, will not affect the retention of data and documents (e.g. invoice) related to orders already placed, will not result in the erasure of such data. After erasure, data cannot be restored any more, new registration will be needed to create a user account.
3.2. Confidentiality of login credentials
It is the sole responsibility of the Customer to keep the user login credentials (and the password in particular) confidential. If the Customer becomes aware of any potential unauthorized third-party access to their password provided upon registration, they are required to change the password immediately, and if any third-party misuse of the password is suspected, the Customer shall concurrently notify the Service Provider thereof.
The Customer undertakes to update the personal data provided upon registration as appropriate in order to ensure that such data are up-to-date, integrate and truthful.
4. PRICES PRESENTED ON THE WEBSITE, DELIVERY COST
The purchase price of products offered on the Website is inclusive of VAT and other relevant taxes (gross price).
The purchase price of products is exclusive of the delivery cost. The delivery cost depends, in all cases, on the selected method of delivery, and is added to the purchase price of products in the shopping cart. Delivery costs apply to such products too that the Customer purchases from the Service Provider’s Partner via the Website.
The price of products is indicated either in Hungarian Forints (HUF) or in Euro (EUR) depending on the Customer’s setting.
Information on the delivery cost are available on the Website, under “Delivery information” menu item, and such can be viewed by the Customer while purchasing, before placing the order.
The price indicated for products apply to the product(s) shown on the image(s).
5. ORDERING PROCESS
Customers can only place orders via the Website by way of online order, the Service Provider does not accept or fulfill orders placed via e-mail or phone.
The Customer is required to complete the following ordering process to submit their order at the Service Provider.
1) Shopping cart
The Customer can add the selected products to the virtual shopping cart by clicking on the “Add to Cart” button displayed on the product page showing detailed description, which opens up when clicking on the specific products.
The contents of the shopping cart can be modified at the Shopping cart interface accessible by clicking on the “Shopping cart” icon in the upper right-hand corner of the Website, where you can change the quantity of products, or delete particular or all products from the shopping cart. The seller of the specific products (Service Provider or Partner) is in all cases specified on the Shopping cart interface.
If the Customer has found the products in the shopping cart in order, then they can proceed to the next phase of the ordering process by clicking on the “Checkout” button.
The Customer is required to provide delivery and invoicing information, which are needed for the Service Provider to deliver the ordered products to the address specified by the Customer, and issue an invoice on the value of the order in accordance with the invoicing address. When all the required information is provided, the Customer shall click on the “Continue” button.
Under delivery menu, the Customer can select from the available delivery methods. Under the specific methods of delivery, the time of delivery is also specified. The fee of the selected delivery method will, in any case, be added to the price of the products placed in the shopping cart. The Customer shall, then, click on the “Continue” button.
In this phase of the ordering process, the Customer can select from the payment options. We accept online payment only with bank card or via Borgun or PayPal. This interface allows Customers to redeem their credits collected during their previous purchases, which reduces the value of order.
On a summary page in the Overview menu, Customers can review their data provided, the selected payment and delivery methods, as well as the products placed in the shopping cart before submitting the order. If any of the data is incorrect, or the Customer would like to select another payment or delivery method, they can modify any detail (correct data entry errors) by clicking on the "Back" button or on the designation of the specific ordering phase.
When all information has been found to be correct, the Customer – to submit the order – shall accept these GTC and the provisions of the Privacy Notice by ticking the checkbox on this page.
When such documents have been accepted, the Customer can finally submit their order to the Service Provider by clicking on the “Submit Order” button. The Service Provider notifies the Customer of the successful order on the upcoming page and in e-mail.
Orders can, therefore, be placed by clicking on the “Submit order” button, which generates payment obligations for the Customer. By Clicking on the “Submit Order” button, the Customer is directed to the system of the selected financial service provider to make the payment. The Service Provider will not receive any information from the financial service provider on the banking data provided on the financial service provider’s site, the Service Provider will only be notified whether the transaction was successful or not.
If the truthfulness of the Customer’s data is doubted or the provided data are uninterpretable upon the receipt of the order, the Service Provider reserves the right to erase such data and render orders submitted with such data invalid.
The Service Provider shall not be liable for any default in delivery or any other problem or issue that can be attributed to order data provided in an incorrect and / or inaccurate form.
5.1. Processing of orders
Orders are processed between 8 a.m. and 4 p.m. on weekdays. Orders can be placed outside the order processing hours; any orders placed outside the working hours will be processed the next day.
5.2. Binding nature of the offer, order confirmation, contracting
The Service Provider shall confirm the receipt of the Customer’s order to the Customer, without delay, by way of an automated confirmation e-mail within 48 hours. The contract for sales between the Service Provider and the Customer is concluded once the Customer has received the confirmation e-mail on the acceptance of the order, which also includes a notification that the products ordered by the Customer have been handed over to the courier service (confirmation of performance).
The automated system message sent to the Customer by e-mail after the submission of the order is an informative e-mail on the receipt of the order, which does not generate contractual relationship between the parties, and does not indicate that the order is confirmed by the Service Provider.
The Customer shall be exempt from the binding order, if the Service Provider fails to send the confirmation e-mail on the acceptance of the order submitted, i.e. acceptance of the Customer’s offer (confirmation of performance) immediately, or in a maximum of 48 hours.
The contract on the product sales concluded between the parties online shall be deemed as an electronically concluded contract. The sales contract means any contract under which the Service Provider undertakes to transfer the ownership of a thing to the Customer, and the Customer is required to pay the price thereof, and to take possession of the thing.
If the Customer has already submitted the order to the Service Provider and detects any error in the data included in the automated confirmation e-mail, the Customer is required to notify the Service Provider of such error within 1 day to avoid the fulfillment of unwanted orders. .
Such orders are deemed as electronically concluded contracts that are subject to the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain issues concerning electronic commerce and information society services. The contract is subject to Government Decree 45/2014 (Feb 26) on the detailed rules of contracts concluded between consumers and businesses, and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
During the ordering process on the Website, only bank card payments, as well as payments via the financial service providers specified under “Payment conditions” menu are accepted. The Service Provider shall not be liable for any additional cost incurred at the Customer due to the selected payment method or the card issuer of the Customer (e.g. costs incurred due to exchange rates).
The Service Provider shall issue an electronic invoice on the order, which is sent to the Customer by e-mail to the e-mail address provided upon ordering.
The payable amount that is specified on the invoice is inclusive of all costs based on the order summary and confirmation e-mail.
If the Customer purchases a product of a Partner, the invoice on the order will be issued and provided to the Customer directly by the Partner.
Customers can learn more about the delivery options from the “Terms and conditions of delivery” menu available on the Website. Provision therein can be viewed without registration prior to placing the order.
Orders submitted are delivered to your home by a courier.
The courier service delivers the orders between 8:00 a.m. and 5:00 p.m. from Monday to Friday. If the Customer is not available at the specified address during such period, it is advisable to provide such delivery address where the Customer can surely take over the ordered product during the delivery period.
The courier company sends a notification on the current status of the parcel to the Customer in e-mail to the e-mail address provided upon registration.
If the Customer is not available at the delivery address provided at the time specified by the courier service and the delivery of the parcel fails, the courier driver will leave a notice at the delivery address. The phone number on the notice allows the Customer to specify and agree on a new delivery address and time. The courier service will attempt to deliver the ordered products 1 more time.
If any damage is detected in the product or package upon takeover, the Customer shall refuse to accept the product and ask for minutes to be taken thereof.
The delivery fee varies in function of the selected delivery method and delivery time. You can learn more about the delivery fees under “Terms and conditions of delivery” menu available on the Website, which can be accessed without registration, and by clicking HERE.
The due date of order deliveries varies in function of the selected delivery method, however delivery takes no more than 7 days.
Unless otherwise agreed by the Parties, the Service Provider shall make the product available (deliver) to the consumer immediately, but within no more than 30 days following the order.
In case of default performance by the Service Provider, the Customer qualifying as consumer shall be entitled to set an extended deadline. If the Service Provider fails to perform by the extended deadline, the Customer shall be entitled to withdraw from the contract.
The consumer is entitled to withdraw from the contract without setting an extended deadline if
- the Service Provider has refused to perform the contract; or
- the contract should have been performed by the specified due date – and not otherwise – according to the relevant agreement between the parties, or due to a distinct designated purpose of the service.
6. RIGHT OF WITHDRAWAL
The provisions of this section apply only to natural persons who are acting outside the scope of their profession, individual employment or business activity, purchasing, ordering, receiving, using, requiring goods, and being the recipient of any commercial communication or offer relating to the goods (hereinafter referred to as the “Consumer”).
Only such Customers that are deemed as consumers under the Civil Code shall be entitled to the right of withdrawal; enterprises i.e. Such persons who are acting in the scope of their profession, individual employment or business activity shall not be entitled to the right of withdrawal.
The Consumer shall be entitled to withdraw from the contract without any reason being given, within fourteen (14) days from the following by the Consumer or a third party other than the carrier specified by the Consumer:
- in the case of a contract of sale relating to a product: the date of receipt of the product,
- in the case of delivering multiple products: the date of receipt of the last product delivered,
- in the case of a product consisting of several lots or pieces: the date of receipt of the last lot or piece supplied.
The Consumer may exercise the right of withdrawal from the contract between the date of conclusion of the contract and the date of receipt of the product.
6.1. Statement of withdrawal
If the Consumer intends to exercise their right of withdrawal, they shall send the Service Provider a clear statement on their intention to withdraw (in postal mail or e-mail) by using the contact details specified under Section 1 of these GTC. For this purpose, the Consumer can use the sample Statement of Withdrawal that is available in a downloadable format at the end of the GTC. If you do not use the sample Statement of Withdrawal, it is important to make a clear statement on withdrawal.
The Consumer shall be deemed to have exercised their right of withdrawal in a timely manner, in case its notice of withdrawal is sent to the Service Provider before the expiry of the time limit.
The burden of proof relating to the fact that the Consumer has exercised their right of withdrawal in accordance with the provisions laid down in Section 6, shall lie upon the Consumer.
If submitting the statement of withdrawal by postal mail, the Consumer shall in any case dispatch it as a registered mail so that the date of dispatch can be credibly proved.
6.2. Product returns
In the event of withdrawal the Consumer shall return the ordered product to the address of the Service Provider specified in Section 1 without undue delay, but no later than 14 days after the notice of withdrawal. The deadline shall be deemed to have been met if the Customer sends the product (uses postal services or hands over to the courier ordered by them) before the 14-day deadline has expired.
The cost of returning the product to the address of the Service Provider shall be borne by the Consumer, unless the Service Provider has undertaken to bear such costs. The Service Provider, however, does not undertake to organize and carry out the delivery, and furthermore does not take over the cost of returning the product. The Service Provider is not in a position to pick up a package returned with cash on delivery.
In addition to the cost of returning the product, the Consumer shall not bear any other cost in relation to the withdrawal.
6.3. Refund of payment
If the Consumer withdraws from the contract, the Service Provider – immediately, but no later than 14 days following the receipt of Consumer's statement of withdrawal – shall refund the total amount paid by the Consumer, including the cost of delivery (shipment) in addition to the product price, but excluding extra costs that have been incurred due to the fact that the Consumer has chosen a shipment method that is different from the most inexpensive form of shipment usually offered by the Provider.
The Service Provider shall be entitled to withhold the refund until the product return is received or until the return is properly proved by the Consumer (whichever is the earlier).
During such refund, the Service Provider shall use any form of payment that is identical to the form of payment used for the original transaction, unless the Consumer has given its express consent to the use of any other form of payment, and no additional cost incurs at the Consumer due to the use of such refund method.
Regarding the fact that the Customer can pay for the order with bank card, the refund is provided in the same way i.e. the amount is refunded to the bank card issuer upon the Partner’s relevant request sent to their partner providing online payment service.
6.4. Normal use
The Consumer may be made liable for any value impairment of the product only if it has occurred as a result of use in excess of the extent of use that is needed to determine the nature, properties and operation of the product. The Service Provider may, therefore, claim the reimbursement of any value impairment and reasonable costs arising from any use in excess of the extent of use that is needed to determine the nature, properties and operation of the product, if the Service Provider has started to perform the contract for service provision upon the Consumer’s express request before the termination of the deadline, and the Consumer exercises their right of withdrawal.
6.5. Cases excluded from the right of withdrawal
The Consumer shall not be entitled to the right of withdrawal in the case of
- products and services whose price or fee is dependent on such fluctuation of the money market that is out of the company’s control, even within the deadline specified under Section (2) of Article 20,
- non-prefabricated products that have been manufactured upon the instructions or the express request of the consumer, or products that are obviously tailor-made for the customer,
- perishable products or products retaining their quality for a short period,
- products in sealed package that cannot be returned after being opened following transfer for sanitary or hygiene reasons.
7.1. Liability for defects
In the event of any defective performance in relation to a product that has been directly purchased from the Service Provider, claims associated with its liability for defects may be enforced against the Service Provider. With a consumer contract, the Customer may enforce his/her warranty claims within a time limitation of 2 years following the date of receipt with respect to product defects that exist at the time of the delivery of the product. Beyond the 2-year time limitation, the Customer shall not be able to enforce its rights associated with the liability for defects.
With a contract not made with the consumer, the beneficiary may enforce his/her warranty claims within a time limitation of 1 year following the date of receipt.
At his/her own discretion, the Customer may request repair servicing or replacement unless the claim selected by the Customer is impossible to satisfy, or for the Service Provider it would result in disproportionately extra costs in comparison with the performance of the other optional claim. If the Customer has not or could not have requested repair servicing or replacement, the Customer may demand the proportionate reduction of the counter-value or consideration, or repair or correct the defect, or have the defect repaired or corrected at the Service Provider’s costs, or – as a last resort – the Customer may withdraw from the contract. No withdrawal may be initiated with reference to immaterial errors or defects.
The Customer may as well change the right selected in relation to liability for defects, but the costs of such change shall be borne by the Customer unless the change is justified, or has been caused by the Service Provider.
The Customer shall communicate the defect to the Service Provider promptly after its detection, but no later than within 2 months following the detection of the defect.
The Customer shall have the option to enforce its claim associated with liability for defects directly against the Service Provider.
Within 6 months following the performance of the contract, the enforcement of claims associated with liability for defects shall have not other conditions apart from the communication of the defect in case the Customer evidences that the product has been purchased from the Service Provider (by presenting the related invoice or invoice copy). In these cases, the Service Provider shall be discharged from the warranty only if this assumption has been refuted, i.e. it has been evidenced that the defect of the product originated just after delivery to the Customer. If the Service Provider is able to prove that the cause of the defect was induced by any reason caused by the Customer, the Service Provider is not obliged to satisfy the Customer’s warranty claim stated against the Service Provider. After 6 months following the date of performance, however, the Customer is required to prove that the defect recognized by the Customer already existed at the time of performance.
If the Customer enforces his/her warranty claim for a distinct part of the product with regards to the specified defect, the warranty claim shall not be deemed valid for other parts of the product.
7.2 Product warranty
In the event of any defect of the product (movable property), the Customer, deemed to be the consumer for this purpose, shall have the option – at his/her own discretion – to exercise the right described in Section 7.1 herein or enforce claims in relation to liability for defects.
Nevertheless, the Customer shall not have the right to concurrently enforce both claims in relation to liability for defects and product warranty for the same defect. In the case of the successful enforcement of any product warranty claim, however, the Customer may enforce claims in relation to liability for defects against the manufacturer with respect to the replaced product or repaired part.
As a product warranty claim, the Customer may request solely the repairing or replacement of the defective product. In the event of the enforcement of a product warranty claim, the Customer is required to evidence the defect of the product.
The product is deemed to be defective if it does not meet the quality requirements in effect at the time of the marketing of the product, does not feature the properties that are listed in the description provided by the manufacturer.
The Customer may enforce its product warranty claim within 2 years following the marketing of the product by the manufacturer. Upon the expiry of this deadline, the right shall lapse. Promptly after its detection, the Customer shall notify the manufacturer of the defect. If notification of the lack of conformity is made within two months of the time it is detected, it shall be deemed that notification was made in due time. The consumer shall be liable for any damage that results from late notification.
The Customer may enforce the product warranty claim against the manufacturer or distributor of the movable property (Service Provider).
The manufacturer, distributor (Service Provider) shall be discharged from its product warranty liabilities solely if it has been evidenced that:
- the product has been manufactured or distributed beyond the scope of its business operations, or
- the defect was not identifiable by the state of current scientific and technological knowledge at the time of marketing, or
- the defect of the product has been caused by the application of a statutory or mandatory regulatory requirement.
To become discharged, for the manufacturer, distributor (Service Provider) it shall be sufficient to provide only one of these causes.
The Customer may report and enforce his/her warranty claims by using the contact details specified in Section 1.
In the event of defective performance, the Service Provider is obliged to provide guarantee within the meaning of Government Decree 151/2003 (Sept 22) on the statutory guarantee relating to certain slow-moving consumer goods.
The statutory guarantee for slow-moving consumer goods is governed by Government Decree 151/2003 (Sept 22) on the statutory guarantee relating to certain slow-moving consumer goods. For the slow-moving consumer goods listed in the Government Decree, the term of the statutory guarantee shall be 1 year starting on the day of the delivery of the product to the Customer, or – in case the product is commissioned by the Service Provider or its appointee – the date of commissioning.
The (material) scope of the Decree extends solely to the products sold within the scope of new consumer contracts concluded in the territory of Hungary and the products listed in the Annex to the Decree (e.g. television sets over the selling price of HUF 10,000).
The Service Provider shall be discharged from its guarantee liability only if it has been evidenced that the cause of the defect occurred just after performance.
Solely Customers deemed to be consumers shall have the option to enforce guarantee rights.
A defect shall not be subject to guarantee if the underlying reason occurred after the delivery of the product to the Customer, such as if the defect was caused by
- unprofessional commissioning (unless the commissioning was performed by the Service Provider or its appointee, or in case unprofessional commissioning is the result of any error in the instructions of use and operation)
- irregular use, ignorance of the requirements in the instructions of use and operation,
- incorrect storage, incorrect operation, damage,
- acts of God, natural disaster.
In the event of any defect subject to guarantee, the Customer:
- can primarily demand – at its own discretion – repair or replacement unless the chosen guarantee claim is impossible to satisfy, or if the Service Provider would incur disproportionate extra costs on comparison with the fulfillment of another type of guarantee demands with respect to the value of the product in non-defective conditions, the weight of the violation and the injury caused to the Customer’s interests by fulfilling the guarantee rights.
- if the Service Provider has not undertaken the completion of repairing or replacement, or is unable to fulfill such obligations within a reasonable time limit, by safeguarding the Customer’s interests, or if the Customer is no longer interested in the completion of repairing or replacement, at his/her own discretion the Customer may demand the proportionate reduction of the purchase price, repair or correct the defect on its own, or have the defect repaired or corrected at the Service Provider’s costs, or withdraw from the contract. No withdrawal may be initiated with reference to immaterial errors or defects.
If due to the failure of the product the Consumer enforces replacement demand within 3 business days following the date of purchasing (commissioning), the Service Provider may not plead disproportionate extra costs, but is obliged to replace the product provided that the failure hinders use for the intended function.
Any repair or replacement shall be completed – in view of the characteristics of the product concerned and its intended function as expected by the Customer – in due time, to the best of the Customer's interests. The Service Provider shall aspire to complete the repair servicing or replacement within 15 days.
In the course of repair servicing, only new parts may be incorporated in the product.
The term of the guarantee shall not be inclusive of the time of repair servicing during which the Customer is unable to use the product for the intended function. In the event of the replacement (repair servicing) of the product or part of the product, for the replaced (repaired) product (part) and with respect to the defect occurring as a consequence of repair servicing the term of the guarantee shall restart.
The costs of fulfilling the guarantee obligation shall be borne by the Service Provider.
Nevertheless, the Customer shall not have the right to concurrently enforce both claims in relation to liability for defects and guarantee, or to product warranty and guarantee for the same defect. As irrespective of these restrictions, the Customer shall have the rights arising from the guarantee independently from the rights defined in Section 7.1 and 7.2.
It means that the enforcement of the Customer’s rights arising from the relevant legal regulations – such as particularly in relation to liability for defects and product warranty, as well as damage compensation – is not influenced by the guarantee.
If any legal dispute emerges in between the Parties, and it cannot be resolved in an amicable way, the Customer shall have the option to initiate reconciliation procedure at the competent body as described in Section 9.3.
The Customer may report and enforce his/her guarantee claims to the Service Provider by using the contact details specified in Section 1.
9. COMPLAINT MANAGEMENT
The Customer shall have the option to state complaints in relation to the product or the Service Provider’s activities by using the contact details specified in Section 1.
The Service Provider shall promptly rectify verbal complaints as far as it is possible. If it is not possible to rectify a verbal complaint promptly, as corresponding to the nature of the complaint or if the Customer does not agree with the handling of the complaint in question the Service Provider shall record minutes of the complaint, and keep it for 5 years together with its response given in relation to the complaint on the merits.
The Service Provider shall hand over one copy of the minutes to the Customer at the site, in case the complaint has been communicated verbally, or if it is not possible, then the rules pertaining to written complaints detailed below shall be followed.
In the event of a verbal complaint communicated by the telephone or with the use of any other electronic telecommunication device, the Service Provider shall send one copy of the minutes to the Customer concurrently with the communication of the response given on the merits.
In all other cases, the Service Provider shall act in conformance to the rules pertaining to written complaints.
The Service Provider shall provide any complaint recorded on the telephone or with the use of any other electronic telecommunication device with a unique identifier to simplify the retrieval of the complaint later.
The Service Provider shall respond to every complaint received in writing within 30 days on the merits. For the purposes of this contract, this latter action shall involve posting by mail.
If a complaint is disapproved, the Service Provider shall inform the Customer in relation to the reason for disapproval.
If any consumer dispute between the Service Provider and the Customer is not resolved at negotiations conducted with the Service Provider, the Customer shall have the following options for enforcing his/her rights:
9.1 Statement of complaints at the consumer protection authority
Please be advised that within the meaning of Government Decree 378/2016 (Dec 2) on the legal succession of certain central offices and budgetary institutions in the context of the revision of the Ministry's background institutions and on the receipt of certain public tasks the National Consumer Protection Authority was dissolved with the effective date of 31 December 2016 by way of legal succession.
If the Customer observes the violation of his/her rights as the consumer, the consumer protection authority that is competent at the Customer’s place of residence shall be contacted with the complaint. After considering the complaint, the authority will decide on conducting a consumer protection procedure.
The general legal successor of the National Consumer Protection is the Ministry of National Development, and it is the Government Office of Pest County that has national competence in matters of second instance.
For this reason, from 1 January 2017 consumers may present their complaints to the regionally competent district offices. The associated contact details are: http://jarasinfo.gov.hu .
Consumer Protection Inspectorate of the Regionally Competent Government Office:
Budapest, District XII
Address: H–1126 Budapest, Kiss János altábornagy utca 31–33/A.
Telephone: +36 1 896 5274
Fax: +36 1 237 4840
E-mail: [email protected]
9.2. Settlement procedure via the online dispute resolution platform of the European Union
Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the European Commission has established an online dispute resolution platform that can be used from 15 February 2016 by consumers and traders alike in the case of any consumer dispute between parties entering into online sales and purchasing contracts or service contracts.
To use the online dispute resolution platform, one is required first to register in the system of the European Commission, fully complete and electronically an application to the Conciliation Board via the platform. As a result, consumers are able to enforce their rights in spite of the given distances.
The scope of the Regulation extends directly to traders that are settled in the European Union, have registered seats in Hungary, and are involved in sales and purchasing contracts or service contracts in case any consumer dispute arises between these traders and their consumers in connection with the online sales and purchasing contracts or service contracts concluded.
In Hungary, cross-border consumer disputes with webshops operated within the EU are decided solely by the conciliation board standing for the Chamber of Commerce and Industry of Budapest within a short period of time, free of charges.
9.3 Initiation of the procedure at the conciliation board
If the Service Provider disapproves the Customer’s complaint, the Customer has the right to seek the assistance of the conciliation board that is competent at the Customer’s place of residence or temporary address. A condition of the commencement of the procedure at the conciliation board is that the Customer should have made efforts to resolve the dispute directly with the Service Provider. The conciliation board is competent for the out-of-court settlement of consumer disputes. The reconciliation board is responsible for attempting to establish a settlement between the Service Provider and the Customer in order to settle a consumer dispute.
The procedure at the conciliation board is initiated on the consumer’s request. Such a request shall be submitted to the chair of the conciliation board in writing.
The body that is competent at the Service Provider’s registered address is the Conciliation Board of Budapest
Registered address: H–1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: H–1253 Budapest, Pf.: 10.
E-mail: [email protected]
Contact details of conciliation boards: https://www.bekeltetes.hu/index.php?id=testuletek
For the purpose of the regulations pertaining to Conciliation Boards, consumers also include such non-governmental organizations, churches, condominiums, housing cooperatives, micro, small and medium-sized enterprises defined in the associated, separate legal regulations that buy, order, receive, use, demand goods, or are recipients of commercial communications, offers in connection with goods.
In the procedure at the conciliation board, the Service Provider is obliged to act in cooperation.
9.4. Initiation of court procedures
The Customer shall have the right to enforce claims arising from consumer disputes at court, in the framework of civil procedures, in conformance to the relevant provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedures. If the consumer does not seek the assistance of a conciliation board, or the procedure has remained ineffective, the consumer shall have the option to plead to court towards the resolution of legal dispute. A court procedure shall be commenced by the presentation of a statement of claim that shall indicate the following information:
- acting court of justice;
- names and addresses of the parties and the representatives of the parties, as well as their statuses in the court procedure;
- the right wishes to be enforced with the presentation of the underlying facts and the associated evidence;
- data based on which the scope of the powers and competences of the court of justice;
- express request for the court’s decision.
The statement of claim shall be attached with the documents or the copies thereof the contents of which are referenced as evidence.
10.1. Respecting the rights of third persons
The Service Provider excludes all liabilities for any conduct by the users of the Website, as well as the contents they publish. The Customer is obliged to ensure that the use of the Website should violate the rights of third persons or legal regulations neither directly, nor indirectly. The User shall be fully and solely deemed to be responsible for his/her own conduct. In such cases, the Service Provider shall act in full cooperation with the acting authorities to explore violations.
With respect to the global nature of the Internet, the Customer accepts that during the use of the Website the provisions of the relevant national legal regulations shall be respected. If any activity associated with the use of the Website is not permitted under the law of the Customer’s country, solely the Customer shall be liable for such use.
10.2. Contents made available by the User
The Service Provider has the right, but is not obliged to check the contents made available by the User during the use of the Website, and with respect to the published contents the Service Provider has the right, but is not obliged to try to identify signs of illegal activities.
However, the Service Provider reserves the right to review products, comments, reviews, contents posted by the User at the Website, and remove them at its own discretion, without any specific notice in case they deteriorate the quality and standards of the Website, the contents are against law, or any similar conduct is experienced, or if – in particular, without limitations – the following acts have been realized:
- such contents have been published that are not associated with the Website or products,
- they violate or encourage to violate laws;
- they use obscene and coarse language, or contain generally scandalous materials;
- they have the purpose of discrediting other Users and/or the Service Provider;
- they are associated with non-public data that are connected with the Service Provider or any of the Users.
If any of the contents published or made accessible by the User at the Website is illegal, the Service Provider shall act in conformance to the Electronic Trading Act, and may remove the contents that have been presented by the User.
If in relation to the contents made accessible by the User any third party, authority or court of justice states any claim or initiates proceedings, the User shall agree to bear all the costs incurred with these claims and proceedings, as well as to compensate all damage. Furthermore, the User agrees to take all measures to safeguard the Service Provider’s reputation in connection with the violation of law and abuses in order to avoid all damage resulting from the events that have come to be associated with the Service Provider.
If at the Website the User observes any objectionable content, the User shall promptly notify the Service Provider accordingly. If during its actions taken in good faith the Service Provider finds the notification well-grounded, the Service Provider shall have the right to delete or modify the information in question without fail.
10.3. Disclaimer, limitation of liabilities
The User may use the Website solely at his/her own risks, and accepts that the Service Provider disclaims all liabilities for pecuniary and non-pecuniary damage occurring during use, apart from its liabilities for deliberately caused damage, as well as the violation of the Contract resulting in harms to human lives, bodily integrity or health.
The Service Provider disclaims its liability for
- information published by the Partner, Customer at the Website, forwarded, stored or made accessible by the Service Provider in the framework of services that are provided in association with the information society provided that the relevant regulatory conditions are in place,
- damage arising from the use of the system, overall outage of operation, changes;
- other errors, damage that are beyond the scope of the Service Provider’s control (force majeure).
The Website is protected by copyright law. The Service Provider is the beneficiary or authorized user of copyrights at the Website, as well as of all the contents that are presented in the course of the provision of the services that are accessible via the Website. It shall extend to all the presented creations protected by copyrights, as well as other intellectual creations (including without limitations all the graphics and other materials, the arrangement, editing of the interface of the Website, the used software and other solutions, ideas, realizations).
The contents of the Website or any part thereof can be saved to physical or other data carriers, oriented solely for the purpose of private use or with the prior written consent of the Service Provider.
Beyond the rights expressly defined in these GTC, neither the use of the Website, nor any provision of the GTC grants the right to the User to use, utilize any commercial name or trademark presented at the Website for any purposes.
Beyond presentation involving the use of the Website for the intended purposes, the necessary, temporary reproduction thereof or copying for private purposes, these intellectual creations may not be used or utilized without the Service Provider’s prior written consent in any form whatsoever.
The Service Provider reserves all rights in relation to all the elements of its services, with special respect to the www.zamnia.com domain name, the associated subdomains, all the other domain names registered by the Service Providers, their subsites, as well as the associated advertising interfaces.
It is forbidden to engage in any activity for the compilation of lists from the Service Provider’s databases, their systemization, archiving, hacking, reverse engineering of the source codes, unless it is specifically permitted to the Service Provider.
Without a separate agreement or demanding the dedicated services, it is forbidden to modify, copy the Service Provider’s databases, enter new data or overwrite existing data in them by circumventing the interface made available by the Service Provider or search engines.
12. UNILATERAL AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF CONTRACTING
With prior notice given to the Customer, the Service Provider has the right to modify or amend these General Terms and Conditions of Contracting unilaterally, at its own discretion. Unless the Customer objects to the modifications or amendments, after their effective date, the amended provisions shall become effectively applicable to the Customer upon the first use of the Website and specifically to the orders that are submitted after the amendment. In case the Customer does not accept the provisions of the GTC or any amendment thereof, the Customer shall not have the right to use the Website or place orders.
Effective date of these GTC: 15 October 2019
You can access the downloadable and printable version at HERE.