Terms & Conditions
GENERAL TERMS AND CONDITIONS (GTC)
koktelgyongy.hu and pearlshots.eu - effective from this date: 2023-10-15
Preamble
Welcome to our site! Thank you for trusting us with your purchase!
If you have any questions about these General Terms and Conditions, the use of the website, the individual products, the purchase process, or if you would like to discuss your individual needs with us, please contact our staff at the contact details provided!
Imprint: data of the Service Provider (Seller, Company).
Name : Pearlshots Hungary Kft.
Headquarters : 1154 Budapest, Szerencs utca 141.
Mailing address : 1154 Budapest, Szerencs utca 141.
Registering authority : Company Court of the Capital City Court
Company registration number : 01-09-198854
Tax number : 25085107-2-42
Tax warehouse permit number : HU02405301001
Representative : Gergely Lakos
Phone number : +36302527701
Email : info@pearlshots.eu
Website : http://pearlshots.eu
Bank account number: 12011526-01484939-00100003
IBAN: HU07 12011526-01484939-00100003
SWIFT code: UBRTHUHBXXX
Hosting provider data
Name : Shopify Inc.
Registered office : 150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada,
Website : www.shopify.com/legal/privacy
Concepts
Goods /products : offered on the Website and intended for sale on the Website:
- alcoholic and non-alcoholic cocktail pearls in screw-top bottles or otherwise.
Goods containing digital elements : movable things that include or are linked to digital content or digital services in such a way that the goods would not be able to perform their functions without the relevant digital content or digital service
Parties : Seller/Company/Service Provider/Trader and Buyer/Buyer/Consumer/Customer together.
Consumer : a natural person acting outside the scope of his profession, independent occupation or business activity.
Consumer contract : a contract, one of whose subjects is considered a consumer.
Functionality : the ability of goods containing digital elements, digital content or digital services to fulfill the functions appropriate to their purpose.
Manufacturer : the producer of the Goods, in the case of imported Goods, the importer who brings the Goods into the territory of the European Union, as well as any person who, by indicating the name, trademark or other distinguishing mark of the Goods, presents himself as a manufacturer.
Website : this website, which serves to conclude the contract.
Contract : A sales contract created between the Seller and the Buyer using the Website and electronic correspondence.
Durable data carrier : any device that enables the consumer or the business to store the data addressed to him personally in a way that will be accessible in the future and for a period of time suitable for the purpose of the data, as well as to display the stored data in an unchanged form.
Device enabling communication between absent parties : a device that is suitable for making a contract declaration in the absence of the parties - in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a telefax, and a device providing Internet access.
Absentee contract : a consumer contract that is concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized for the provision of goods or services in accordance with the contract, in such a way that, in order to conclude the contract, the contracting parties only use a device that enables communication between absent parties.
Seller/ Enterprise /Service Provider/Trader : a person acting in the scope of his profession, independent occupation or business activity.
Customer / Purchaser / Consumer / Customer : a person entering into a contract making a purchase offer via the Website.
Warranty : In the case of contracts concluded between the consumer and the business (hereinafter: consumer contract), according to the Civil Code,
- the guarantee undertaken for the performance of the contract, which the company undertakes voluntarily in addition to or in the absence of its legal obligation for the proper performance of the contract, and
- the mandatory warranty based on the law.
Purchase price : consideration to be paid for the Goods and for the provision of digital content.
Applicable legislation
The Contract is governed by the provisions of Hungarian law, and in particular the following legislation applies:
- CLV of 1997. Act on consumer protection
- CVIII of 2001 Act on certain issues of electronic commercial services and services related to the information society
- Act V of 2013 on the Civil Code
- 151/2003. (IX.22.) government decree on the mandatory warranty for consumer durables
- 45/2014. (II.26.) government decree on the detailed rules of contracts between the consumer and the business
- 19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for things sold under the contract between a consumer and a business
- LXXVI of 1999 law on copyright
- CXII of 2011 Act on the right to self-determination of information and freedom of information
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (February 28, 2018) on action against unjustified territory-based content restrictions and other forms of discrimination based on the customer's nationality, place of residence or establishment within the internal market, and 2006/ 2004/EC and Regulation (EU) 2017/2394, and amending Directive 2009/22/EC
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and on the repeal of Regulation 95/46/EC (general data protection regulation)
- 373/2021 on the detailed rules of contracts for the sale and purchase of goods and the provision of digital content and digital services between a consumer and a business. (VI. 30.) Government decree
Scope and acceptance of the General Terms and Conditions
The content of the contract between us is determined - in addition to the provisions of the relevant binding legislation - by these General Terms and Conditions (hereinafter: GTC). Accordingly, these Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.
The technical information required to use the Website, which is not contained in these Terms and Conditions, is provided by other information available on the Website. Before finalizing your order, you must familiarize yourself with the provisions of these GTC.
By making a purchase in the webshop, the customer declares that he has familiarized himself with and accepts both the terms of these General Terms and Conditions and the terms of the Data Management Notice published in the webshop and consents to data management.
The language of the contract, the form of the contract
The language of the contracts covered by these General Terms and Conditions is Hungarian.
Contracts falling within the scope of these GTC are not written contracts, they are not filed by the Seller.
Prices
Prices are in HUF and include 27% VAT. The possibility of the Seller changing the prices for reasons of business policy cannot be ruled out. Changes to prices do not apply to contracts that have already been concluded. If the Seller has indicated the price incorrectly and an order has been received for the Goods, but the parties have not yet concluded a contract, the Seller will act on the basis of the "Incorrect price procedure" clause of the General Terms and Conditions.
Procedure in case of incorrect price
It is considered an obviously incorrect price:
- HUF 0 price,
- a price reduced with a discount, but the discount is incorrectly stated (e.g.: in the case of a HUF 1,000 product, with a 20% discount, the product is offered for HUF 500).
In the case of an incorrect price, the Seller offers the possibility of purchasing the Goods at the real price, with which information the Buyer can decide whether to order the Goods at the real price or cancel the order without any adverse legal consequences.
Complaint handling and legal enforcement options
The consumer can submit consumer objections regarding the Goods or the Seller's activities at the following contact details:
- Customer service contact details:
ugyfelszolgalat@pearlshots.eu - Customer service opening hours:
|
Monday |
10:00-15:00 |
|
Tuesday |
10:00-15:00 |
|
Wednesday |
10:00-15:00 |
|
Thursday |
10:00-15:00 |
|
Friday |
10:00-15:00 |
|
Saturday |
there is none |
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Sunday |
there is none |
- Phone: +3630 252 77 01
- Internet address: http://pearlshots.eu
The consumer can verbally or in writing communicate his complaint to the company , which concerns the behavior, activities or omissions of the company, or the person acting in the interest or benefit of the company, which is directly related to the distribution or sale of the goods to consumers.
The company must investigate the verbal complaint immediately and remedy it as necessary . If the consumer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the company is obliged to immediately record the complaint and its position on it, and hand over a copy of it to the consumer on the spot in the case of a verbal complaint made in person. In the case of a verbal complaint communicated by telephone or using other electronic communication services, it must be sent to the consumer at the latest within 30 days - in accordance with the regulations for the response to a written complaint - at the same time as the substantive response. In other respects, he is obliged to act as follows regarding the written complaint. If the directly applicable legal act of the European Union does not provide otherwise, the company must respond to the written complaint within thirty days after its receipt in a way that can be substantiated in writing and take measures to communicate it . A shorter deadline than this can be established by law, and a longer deadline by law. The company is obliged to justify its position rejecting the complaint. The company must assign a unique identification number to the verbal complaint communicated by telephone or using an electronic communication service. In the answer, the Buyer must be informed about the possibility of contacting the Conciliation Board.
The record of the complaint must contain the following:
- name and address of the consumer,
- the place, time and method of presenting the complaint,
- a detailed description of the consumer's complaint, a list of documents, documents and other evidence presented by the consumer,
- the company's statement on its position regarding the consumer's complaint, if the complaint can be investigated immediately,
- the signature of the person taking the minutes and - with the exception of verbal complaints communicated by telephone or other electronic communication services - the signature of the consumer,
- the place and time of taking the minutes,
- in the case of a verbal complaint communicated by telephone or using other electronic communication services, the unique identification number of the complaint.
The company must keep the minutes of the complaint and a copy of the response for three years and present it to the inspection authorities upon request.
In case of rejection of the complaint, the business is obliged to inform the consumer in writing about which authority or conciliation body he can initiate the procedure with his complaint - according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority and the conciliation body based on the consumer's place of residence or stay. The information must also cover whether the company uses the conciliation board procedure in order to settle the consumer dispute. If the consumer dispute that may exist between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are open to the consumer:
Consumer protection procedure
It is possible to lodge a complaint with the consumer protection authorities. If the consumer notices a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are carried out by the capital and county government offices competent according to the consumer's place of residence, a list of them can be found here: http://www.kormanyhivatal.hu/
Judicial proceeding
The customer is entitled to assert his claim arising from a consumer dispute before the court in the framework of civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. according to the provisions of the law.
Conciliation board procedure
We inform you that you can file a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Conciliation Board, which is competent according to your place of residence or place of stay: the condition for initiating the proceedings of the conciliation board is that the consumer directly attempts to settle the dispute with the concerned business. Based on the consumer's request, the conciliation body specified in the consumer's request is responsible for the procedure instead of the competent body.
The company has an obligation to cooperate in the conciliation board procedure.
As part of this, there is an obligation for businesses to send a response to the invitation of the conciliation board, and the obligation to appear before the conciliation board is recorded as an obligation ("ensuring the participation of a person authorized to establish a settlement at the hearing").
If the company's seat or location is not registered in the county of the chamber that operates the territorially competent conciliation board, the company's obligation to cooperate extends to offering the possibility of concluding a written settlement in accordance with the consumer's needs, participation in the meeting of the Conciliation Board is not mandatory, the written document containing the settlement offer is not mandatory in case of sending.
In the case of breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines in case of unlawful behavior of businesses as a result of the change in legislation, there is no possibility of waiving the fine. In addition to the Act on Consumer Protection, the relevant provisions of the Act on Small and Medium Enterprises have also been amended, so the imposition of fines cannot be avoided in the case of small and medium enterprises either.
In the case of small and medium-sized enterprises, the fine can range from HUF 15,000 to HUF 500,000, while in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million under the scope of the Accounting Act, the fine can range from HUF 15,000 to 5% of the company's annual net sales up to , but may extend to a maximum of HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation body procedure.
The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the business, the conciliation board provides advice on the rights of the consumer and the obligations of the consumer.
The procedure of the conciliation board starts at the consumer's request. The request must be submitted in writing to the chairman of the conciliation board: the written requirement can be fulfilled by letter, telegram, teletypewriter or fax, as well as by any other means that enables the recipient to store the data addressed to him permanently for a period appropriate to the purpose of the data , and displaying the stored data in unchanged form and content. The application must include
- the consumer's name, place of residence or location,
- the name, registered office or site of the company affected by the consumer dispute,
- if the consumer designates the requested body instead of the competent conciliation body,
- a brief description of the consumer's position, the facts supporting it and their evidence,
- the consumer's declaration that the consumer directly attempted to settle the disputed matter with the concerned business
- the consumer's statement regarding the fact that he did not initiate the procedure of another conciliation body in the case, no mediation procedure was initiated, no claim letter was submitted, and no application for the issuance of a payment order was submitted,
- motion for the board's decision,
- the consumer's signature.
The document or its copy (extract) whose content the consumer refers to as evidence must be attached to the application, so in particular the written statement of the company on the rejection of the complaint, or, in the absence of this, other written evidence available to the consumer about the attempted negotiation.
If the consumer acts through a proxy, the power of attorney must be attached to the application.
More information about Conciliation Boards is available here:
http://www.bekeltetes.hu
More information about the territorially competent Conciliation Boards is available here:
https://bekeltetes.hu/index.php?id=testuletek
The contact details of each territorially competent Conciliation Board:
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Baranya County Conciliation Board |
Bács-Kiskun County Conciliation Board |
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Békés County Conciliation Board |
Borsod-Abaúj-Zemplén County Conciliation Board |
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Budapest Conciliation Board |
Csongrád-Csanád County Conciliation Board |
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Fejér County Conciliation Board |
Győr-Moson-Sopron County Conciliation Board |
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Hajdú-Bihar County Conciliation Board |
Heves County Conciliation Board |
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Jász-Nagykun-Szolnok County Conciliation Board |
Komárom-Esztergom County Conciliation Board |
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Nógrád County Conciliation Board |
Pest County Conciliation Board |
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Somogy County Conciliation Board |
Szabolcs-Szatmár-Bereg County Conciliation Board |
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Tolna County Conciliation Board |
Vas County Conciliation Board |
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Veszprém County Conciliation Board |
Zala County Conciliation Board |
Conciliation Board procedure in the case of persons who are not considered consumers
Pursuant to the Consumer Protection Act, for the purposes of the Conciliation Board procedure, a sales contract pursuant to a separate law, a civil organization, a religious legal entity, an apartment building, a housing cooperative, a micro, small and medium-sized enterprise acting for purposes outside of its independent occupation and scope of economic activity are considered consumers. which buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers related to the goods.
The Conciliation Board is entitled to check and investigate the existence of consumer quality. The rules of the procedure are governed by the rules written under the Conciliation Board.
Online dispute resolution platform
The European Commission has created a website where consumers can register, so they have the opportunity to settle their legal disputes related to online purchases by filling out an application, avoiding court proceedings. In this way, consumers can assert their rights without, for example, distance preventing them from doing so.
If you want to make a complaint about a product or service you bought online and you don't necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you want to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyrights
LXXVI of 1999 on copyright. Act (hereinafter: Szt.) § 1 (1), the website is considered a copyrighted work, so all parts of it are protected by copyright. The Szt. Based on Section 16 (1), the unauthorized use of graphic and software solutions and computer programs on the website, as well as the use of any application that can be used to modify the website or any part of it, is prohibited. Any material from the website and its database may be taken, even with the written consent of the right holder, only by referring to the website and indicating the source. The copyright owner: Pearlshots Hungary Kft.
Partial invalidity, code of conduct
If any point of the General Terms and Conditions is legally incomplete or invalid, the other points of the contract will remain in force and the provisions of the relevant legislation shall apply instead of the invalid or incorrect part.
The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
Information on the operation of goods containing digital elements, as well as on the applicable technical protection measure
The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is regularly backed up, so in the event of a problem, the original data content can be restored. On the webpage
the displayed data is stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, and hardware support built into the processor is used to encode it.
Information on the essential properties of the Goods
On the website, we provide information on the essential properties of the Goods that can be purchased in the descriptions of each of the Goods.
Correction of data entry errors - Responsibility for the veracity of the data provided
During the ordering process, before the finalization of the order, you have the opportunity to modify the data you have entered (clicking the back button in the browser opens the previous page, so the entered data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the Goods will be invoiced and delivered based on the data provided by you. We would like to draw your attention to the fact that an incorrectly entered e-mail address or the saturation of the storage space belonging to the mailbox may result in the lack of delivery of the confirmation and prevent the conclusion of the contract. If the Buyer has finalized his order and discovers an error in the given data, he must initiate the modification of his order as soon as possible. The Buyer can notify the Seller of changes to the incorrect order by sending a letter from the e-mail address provided at the time of the order or by calling the Seller.
Use of the website
The purchase is not subject to registration.
The process of buying
Order process
After registration, the customer logs into the webshop and/or can start shopping without registration.
The Buyer has the opportunity to choose and order from the Goods of the webshop. By clicking on the selected Product, the customer can view its detailed description.
The photographs of the Goods also contain illustrations, and in some cases they may differ from the real product. The accessories and decorative elements shown in the photographs are not part of the product, unless they are specifically highlighted in the product description. Please note that we are not responsible for any typos or incorrect data!
If you wish to purchase, you place the Goods you wish to purchase in the basket by clicking the "Add to Basket" button. The customer can view the contents of the basket at any time by clicking on the "basket" icon.
If the Buyer wants to add another product to the basket, he selects the "continue shopping" button. If you don't want to buy an additional product, check the quantity of the product you want to buy. You can review and change the number of selected products in the basket. You can delete the contents of the basket by clicking the "delete - trash" icon. The cart automatically updates the changes and calculates the estimated total without shipping costs.
Send order:
If the Customer considers the amount of Products placed in the basket to be adequate and decides to purchase them, he can click on the "order" button to proceed to enter delivery and payment information.
Transport
Based on the zip code of the specified delivery address, the system automatically calculates and adds the delivery cost to the total.
The customer expressly acknowledges that our delivery service is only available in and around Budapest. The seller undertakes delivery to addresses outside the delivery zones only in individual cases and on the basis of a pre-arranged case agreement. General delivery time is 5 working days.
Orders placed during the opening period of the webshop in November 2023 will begin to be delivered after December 5th at the end of the opening campaign in order of arrival time.
Shipping costs:
Budapest 1: HUF 1,990
Budapest 2: HUF 2,490
Agglomeration: HUF 3,290
The Buyer can choose whether he would like to be notified by e-mail about the Seller's news and offers.
The customer can save his data for the next purchase.
Payment methods
With an online bank card
The customer has the option to pay the total value of the order online with a bank card through the secure payment system of the financial service provider (Stripe) used by the Service Provider.
Stripe's payment information is available at the following link: https://stripe.com/en-hu/privacy .
The final amount to be paid includes all costs based on the summary of the order and the confirmation letter. The Service Provider sends the invoice by e-mail. The Service Provider issues the invoice exclusively to a natural person without a tax number.
The service provider's products are also available for companies via www.pearlshots.eu .
After entering the data, the Customer can send his order by clicking on the "order summary" button, after checking and making any changes
By sending the order, the Customer acknowledges that he is obligated to pay.
Correction of data entry errors: before closing the order process, the Customer can always go back to the previous phase, where he can correct the entered data.
After sending the order, the Customer will receive a confirmation by e-mail. If this confirmation is not received within the expected deadline depending on the nature of the service, but no later than 48 hours after the Customer's order has been sent, the Customer is released from the binding offer or contractual obligation.
The order and its confirmation shall be deemed to have been received by the Service Provider or the Customer when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation is not received in time because the Customer entered the wrong e-mail address during registration or purchase, or because the storage space of his account is full, so he cannot receive messages.
The customer can then redeem the discount codes. The discount price is automatically changed.
If there is an error or deficiency in the products or prices in the webshop, we reserve the right to make corrections. In such a case, we inform the customer of the new data immediately after the error is recognized or modified. The customer can then confirm the order once more, or it is possible for either party to withdraw from the contract.
Order processing, contract creation
You can place your order at any time. The Seller will confirm your offer by e-mail no later than on the working day following the sending of your offer. The contract is created when the confirmation email sent by the Seller becomes available to you in your mail system.
Procedure followed in the case of undelivered packages
If the Buyer does not accept the Goods ordered and handed over for delivery and does not notify the Seller of his intention to cancel within 14 days without the justification provided by law, he is in breach of his contract with the Seller, according to which he is obliged to accept the Goods and thereby accept the Seller's performance. In this case, the Seller will attempt to re-deliver the Goods, if he can coordinate this with the Buyer, but may make the re-delivery subject to the payment of a delivery fee. If the repeated delivery is unsuccessful, or it cannot be agreed with the Buyer because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract with the Buyer with immediate effect due to the breach of contract and to enforce the cost of the unsuccessful delivery and return as a penalty to the Buyer. To terminate the contract, the parties accept the use of the e-mail used by the Buyer at the time of ordering as a form of communication and state that the date of notice of termination is the time when the termination letter becomes available in the Buyer's e-mail account.
Completion date
Regarding the order, the general delivery deadline is 5 working days from the confirmation of the order, but no more than 30 calendar days. In case of delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller does not perform within the additional deadline, the Buyer is entitled to withdraw from the contract.
Reservation of rights, ownership clause
The Seller may withhold delivery of the Goods until he is satisfied that the payment of the price of the Goods has been successfully made using the electronic payment solution (including the case where, in the case of Goods paid by bank transfer, the Buyer transfers the purchase price and the conversion in the currency of his Member State, and due to bank commissions and costs, the Seller does not receive the full amount of the purchase price and the delivery fee). If the price of the Goods has not been paid in full, the Seller may ask the Buyer to supplement the purchase price.
Consumer information
Information on the consumer's right of withdrawal
Directive 2011/83/EU of the European Parliament and the Council, as well as Regulation 45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Pursuant to the regulations of the Government Decree, the Customer may withdraw from the contract and return the ordered product within 14 days of receiving the ordered product without giving reasons.
The period open for exercising the right of withdrawal expires 14 days after the day on which the Customer, or a third party indicated by him, other than the carrier, receives the product. The Customer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.
If the consumer is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, is obliged to return the Goods immediately, but no later than within fourteen days from the notification of withdrawal, or hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is deemed completed within the deadline if the consumer sends the Goods before the deadline.
The cost of returning the product must be borne by the Customer, the Service Provider does not undertake to bear the cost.
In the case of exercising the right of withdrawal, the Customer will not be charged any costs other than the cost of returning the product.
Following the return of the product or the receipt of the cancellation statement, the Service Provider will refund the amount paid to the Customer immediately, but no later than within 30 days of becoming aware of the cancellation, in accordance with the above legislation.
The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or proven beyond doubt that he has returned them; of the two, the earlier date must be taken into account. We are unable to accept items sent by cash on delivery or by post.
45/2014. (II. 26.) In case of withdrawal or termination in accordance with § 22 of the Government Decree, the Seller will refund the amount due to the consumer in the same way as the payment method used by the consumer. Based on the consumer's express consent, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller is not responsible for delays due to a wrongly and/or inaccurately provided bank account number or postal address by the Consumer.
45/2014 on the detailed rules of contracts between the consumer and the business. (II.26.) Government decree is available here .
Directive 2011/83/EU of the European Parliament and of the Council is available here .
The right of withdrawal shall be deemed to have been asserted within the deadline if the consumer sends his statement within the deadline.
In the case of written withdrawal or termination, it is sufficient to send the withdrawal or termination statement within the deadline.
The consumer bears the burden of proving that he exercised his right of withdrawal in accordance with this provision.
The service provider is obliged to confirm the consumer's declaration of withdrawal on an electronic data medium after its arrival.
The right of withdrawal cannot be exercised in the following cases
The Seller specifically draws your attention to the fact that you may not exercise your right of withdrawal pursuant to Section 29 of Government Decree 45/2014 (II.26.). In the cases included in paragraph (1):
- in the case of non-pre-manufactured Goods that have been produced based on the instructions or at the express request of the consumer, or in the case of Goods that have been clearly tailored to the consumer;
- with regard to goods that are perishable or retain their quality for a short time;
- with regard to Goods with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
Information on product warranty and accessory warranty for guaranteeing the conformity of the goods in relation to consumer contracts
This section of the consumer information was prepared based on the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) taking into account Annex No. 3 of Government Decree 45/2014 (II.26.)
The Consumer Information only applies to Buyers who qualify as consumers, the rules for buyers who are not considered consumers are included in a separate chapter.
Requirements for contractual performance in the case of a consumer contract
The requirements for contractual performance generally apply to goods sold under a consumer contract and goods containing a digital element
At the time of delivery, the Goods and the performance must comply with Regulation 373/2021. (VI.30.) to the requirements contained in the Government Decree.
In order for the performance to be considered contractual for the Goods that are the subject of the contract
- it must correspond to the description, quantity, quality, type included in the contract, and must have the functionality, compatibility, interoperability and other characteristics specified in the contract
- it must be suitable for any purpose specified by the consumer, which the consumer brought to the Seller's attention at the latest when the contract was concluded, and which the Seller accepted
- must have all the accessories and user manuals specified in the contract - including commissioning instructions, installation instructions, and customer service support - and
- you must provide the updates specified in the contract.
In order for the performance to be deemed to be in accordance with the contract - in addition - to the Goods that are the subject of the contract
- it must have the accessories and instructions that the consumer can reasonably expect - including packaging and instructions for use and consumption - and
- it must correspond to the characteristics and description of the Goods presented by the company as a sample or model or made available as a trial version prior to the conclusion of the contract.
The Goods need not comply with the above public statement if the Seller proves that
- he didn't know the public statement, and he didn't need to know it
- the public statement has already been properly corrected by the time of the conclusion of the contract or
- the public statement could not influence the right holder's decision to enter into a contract.
Product warranty
In which case can you use your product warranty right?
In the event of a defect in a movable thing (Goods), you can assert a product warranty claim, according to your choice.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the replacement of defective Goods.
In which case is the Goods considered defective?
The goods are defective if they do not meet the quality requirements in force at the time they are put on the market or if they do not have the properties described by the manufacturer.
What is the deadline for asserting your product warranty claim?
You can assert your product warranty claim within 3 months of the Product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the Goods in the event of a product warranty claim.
In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
- manufactured or marketed the Goods outside of its business activities, or
- the defect was not detectable according to the state of science and technology at the time of placing it on the market or
- the defect in the Goods results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Data protection
The website's data management information is available at the following link: data protection information
Miscellaneous Provisions
These General Terms and Conditions primarily contain the rules of contracts between the Customer (natural person) and the Service Provider. If there is a person in the customer position who cannot be considered a customer, the customer-related provisions of these General Terms and Conditions do not apply.
If any part of these General Terms and Conditions becomes invalid, illegal or unenforceable, the validity and legality of the remaining parts will not be affected.
If the Service Provider does not exercise its rights based on these General Terms and Conditions, the failure to exercise the right cannot be considered a waiver of the given right. Any waiver of any right is valid only if expressly stated in writing. The fact that the Service Provider does not strictly adhere to an essential condition or stipulation of the General Terms and Conditions on one occasion does not mean that it renounces to insist on strict compliance with the given condition or stipulation in the future.
Sweepstakes Rules
Game and organizer
These regulations apply to the message board games running on the Facebook and Instagram pages managed and maintained by Pearlshots, (hereinafter: Game), with the following conditions.
The participants:
Any Internet user over the age of 18, a natural person with a place of residence or residence in Hungary (hereinafter: Player) can participate in the game.
If the winner is limited in his capacity to act, he is entitled to the substantive administration of the prize and to receive the prize only together with his legal representative. If the winner is incapacitated, only his legal representative can act on his behalf.
In the game, the organizer's employees and contributors, as well as all these persons, are PTK. Your close relatives according to § 8:1 §(1) point 1 may not participate.
By participating in the prize draw, the player acknowledges that he has fully familiarized himself with the rules of the game and accepts them unconditionally. If the player does not accept these rules of participation or any of its provisions, and raises an objection in relation to it, he is not entitled to participate in the game, or he is automatically excluded from the game
The game is conducted and participation in it takes place in accordance with these game rules. If the game rules do not regulate an issue, then the relevant provisions of the current legislation must be applied.
Duration of the game:
- November 15 – December 4 (midnight)
Number of winners: 1 person
The prize:
A Monday, Tuesday or Wednesday night in one of FOTEL HOME's guest houses of your choice, with Pearlshots gastronomic experiences.
Total value of the prize: HUF 80,000.
The draw and result announcement:
The draw will be made at random on December 5, 2023. We will notify the winner in our story and in a private message on Facebook/Instagram. If the winner does not contact the organizer within 14 days, we are entitled to draw a new winner.
Gameplay:
In order to participate in the sweepstakes and be eligible for the prize, a player must follow the draw posted on the Pearlshots Facebook/Instagram page as described in the sweepstakes post published on November 15, 2023.
The prize cannot be exchanged for cash.
The winner is not entitled to receive the prize if:
- you were under 18 years of age when you entered the game;
- does not respond to the notification letter within 14 days;
- the winner cannot be contacted for any reason;
- it can be clearly proven that he participated in the game with multiple and/or false registrations, with which he gained an unauthorized advantage;
- it can be clearly proven that he is intentionally trying to influence the course/outcome of the game in any way;
- violates any point of these participation regulations.
Redeem your prize:
The winner will receive the voucher by e-mail, which can be redeemed within 1 year from the date of the draw.
The date can be selected by clicking on the guest house selected under the menu items http://www.fotelhome.hu/ from among the available dates.
Other:
The organizer reserves the right to amend these participation regulations and make other changes. This prize game is not supported by Facebook in any way, and cannot be associated with it.