Data Protection Regulation
This Data Protection Regulation (hereinafter: “Regulation”) regulates the performance of orders for products that are available in the web-shop/on the website and the processing of personal data, and provides information on the management of data and cookies. By using the service, the user accepts the Regulation, which is continuously available in the web-shop/on the website.
The web-shop/website operator reserves the right to revise the Regulation at any time. The operator acknowledges the terms of this General Guide as binding.
Our staff will be happy to answer written questions about any matter not or not clearly covered by the Regulation.
The operator is committed to the highest service quality of the web-shop/website but disclaims liability for any damage caused by the use of service.
Name: SYMPHONIC CONCERT MANAGEMENT Korlátolt Felelősségű Társaság
Seat and mailing address: 1116 Budapest, Fegyvernek utca 33.
Email address: firstname.lastname@example.org
Data Processing Principles
The operator has the fundamental aim to protect the personal data of visitors and accords the utmost respect to users’ statutory right to informational self-determination. The operator shall treat visitors’ personal data confidentially and adopt all security, technical and organisational measures that promote and guarantee data security.
The following section describes the principles of data processing and presents the commitments of the operator as controller.
- The operator’s approach to data protection is based on informed consent, which it seeks to obtain in all stages of the use of services.
- The operator shall make sure that its data processing principles are in harmony with the effective data protection laws.
- The operator shall not process data in the web-shop/on the website and shall not supply personal data to third parties without the user’s explicit prior consent, unless it needs to use a third party (e.g. post office, delivery company, etc.) for performing a contract.
- By submitting the order, the buyer explicitly consents to the forwarding of his or her personal data to the delivery company.
- The operator shall only forward statistics of the personal data of users without information about their identity, from which the user’s personal data may not be reproduced by any procedure.
- The operator shall not connect the personal data collected in the web-shop/on the website with data from other sources. The operator shall only forward user data to third country (foreign) individuals/organisations (e.g. courier services delivering abroad) if this is necessary for supplying the products ordered in the web-shop/on the website.
- The operator shall preserve all statements and analyses prepared by general statistical methods for an unlimited time, and they will not enable the drawing of conclusions about users.
- Web-shop/website visitors shall make a voluntary use of the service. Where the operator is required to supply data to the competent authority by virtue of the relevant law, it shall comply with such obligation in case all conditions are met. This shall be acknowledged by visitor and users.
- The operator shall receive and respond to each user’s request for data alteration, data supply, data cancellation and for information on data processing, preferably without delay but no later than within 30 days.
- The Regulation shall only cover the following websites of the operator and its web-shops run there:
Scope of personal data processed and legal grounds for data processing
The controller shall process the personal data of users as specified below.
The user may supply the following data in using the service:
personal data processed
Legal grounds for (aims of)
entry into contact, identification
performance of contract
(GDPR art. 6(1)a) and b)
user’s email address
performance of contract
(GDPR art. 6(1)a) and b)
user’s residence and tax number
performance of contract (GDPR art. 6(1)b)
user name (email address)
ensuring log in to website
performance of contract (GDPR art. 6(1)b)
cookies (content of basket, work process number)
enhancement of user experience and improvement of the website’s online services
consent (GDPR art. 6(1)a)
Recording visitors’ technical data
During any visit to the website, the web-shop system shall record users’ IP address, from which the user’s identity may be inferred in certain cases, and it shall record the type of operating system and browser, and the URL of the site visited.
Such recording shall primarily serve technical purposes and shall be indispensable for the continuous operation of the system.
Another aim of data recording shall be to analyse user habits and prepare visit statistics, to further enhance service quality.
The operator shall not connect the data found during the analysis of log files with any other information and shall not make any attempt to identify users.
For making any purchase in the web-shop/on the website, users shall on the first occasion supply their billing and delivery data, telephone number, email address, contact person’s name and – subject to prior registration – their password for subsequent log-in. The controller shall process such personal data for the above purposes.
During registration, buyers may also subscribe for newsletters and may withdraw such request at any time. Buyers shall receive an automatic email message to confirm registration.
Newsletters shall be delivered via mailchimp.com. To this end, the controller shall supply users’ names, email addresses and the name of their selected countries to the service provider. Every issue of the newsletter shall contain a link for unsubscribing, enabling users to cancel all data from the service provider’s database by a single click. After this, they will no longer receive newsletters by email.
Users shall treat the passwords as supplied confidentially and duly protect them from unauthorised persons. In case buyers’ data are obtained by an unauthorised third party after supplying the unique number and password correctly, the controller shall disclaim liability for any consequent damage or disadvantage.
The operator shall delete registered data from the system upon the request of users.
Bills shall be issued on www.szamlazz.hu operated by KBOSS.hu Kft. (seat: 1031 Budapest, Záhony utca 7.; company number: 01-09-303201; registration authority: Budapest Environs Regional Court as Companies Court; tax number: 13421739-2-41, email address: email@example.com, phone: +36 30 35 44 789). The controller shall hand over the data required for billing to the operator of szamlazz.hu by automated means (API call).
In case payment is made by bank card on the Havasi websites, the controller shall hand over the data required for launching the payment process to the selected payment service provider. The list of payment service providers shall be continuously updated by the controller. The current payment service provider is stripe.com. The controller reserves the right to hire a new payment service provider at any time without prior notice or affecting the data processing rules. In the case of payment by bank card, the controller shall not by any means process or store any bank card data and they shall always be processed by the safe payment service provider.
Legal grounds for data processing: Act C of 2000 on accounting (“AA”). Where the data processing consent is withdrawn, the controller’s obligation by virtue of the AA shall prevail.
Aim of data processing: to issue bills in compliance with the laws and to arrange for the obligatory preservation of accounting proof. By virtue of AA Section 169(1)–(2), companies shall preserve all proof that supports, whether directly or indirectly, their accounting.
Term of data processing: The bills shall be preserved for a term of 8 years from the date of issue under AA Section 169(2). In case the user withdraws consent to billing, the controller may preserve all personal data obtained in the process of billing by virtue of Info Act Section 6(5)a).
The controller shall not store users’ bank card data.
Term of data processing
Personal data required for registration shall be processed from registration to cancellation. Optional data shall be processed from the date of supply to cancellation. Registration may be cancelled by both the user and the service provider at any time in the case and manner laid down in the General Terms and Conditions (hereinafter: “GTC”).
The foregoing provisions shall not apply to the obligation of preservation laid down in laws (e.g. accounting laws), data processing during registration on the website or based on further consent given in any other way, or to the processing of technical data.
Users’ rights and options to enforce their rights
Users may enforce their rights if they can be identified by the data with which they previously consented to the processing of their data by the controller.
Users may request information about the processing of their personal data and may request the rectification of their personal data and their cancellation and withdrawal expect for obligatory data processing, may use their right to data portability and object in the way indicated upon data recording and using the above addresses of the controller.
In order to protect user rights, the controller may only grant the requests of identified users. For instance, the cancellation of an email address shall be initiated from an email address managed by the controller. This will enable users to prove their right to manage the given email account.
The controller disclaims liability for any damage caused by any bad faith exercise of user rights by third parties provided that the controller has taken the necessary measures with due circumspection and concerning the data processed to identify the user and yet the third party has abused the user’s data, exercised the user’s rights in its name and thereby caused damage to it (e.g. by requesting the cancellation of data and the controller performed this after identification).
Right to information
In compliance with the Regulation, we shall provide all information that the user may request about data processing pertaining to him or her by electronic means no later than within 25 days. With a view to the identical scope of data, the controller shall grant the user’s request to exercise his or her user’s rights for free once per year.
Upon the user’s request, the controller shall provide information about:
- the user’s data processed by the controller or its authorised data processor,
- the source of such data,
- the aims of data processing,
- the legal grounds for data processing,
- the proposed term of data storage,
- the data processor’s name, address and its business associated with data processing, and
- the legal grounds for and addressees of data forwarding where applicable.
The controller shall adopt the appropriate measures to make sure all information provided to users about the processing of personal data laid down in GDPR Articles 13 and 14, and the information laid down in Articles 15–22 and 34 is concise, transparent, easy to understand and easily accessible, using clear and plain language.
The right to information may be exercised using the foregoing addresses of the controller. Information may also be provided orally as requested by the user subject to proof of identity. In case the controller’s staff has any doubt about the user’s identity, we may ask for data and documents for confirmation.
Right to access
Users shall be entitled to receive feedback from the controller whether their personal data are being processed. If so, users shall be granted access to personal data and the following information:
- the aims of data processing;
- the scope of the user’s personal data;
- the categories of addressees to which personal data have been or will be supplied, including but not limited to addressees in third countries (outside the European Union) and international organisations;
- the proposed term of the storage of personal data;
- rectification, erasure or the restriction of data processing and the right to object;
- the right to submit a complaint to a supervisory authority;
- the source of the data processed;
- clear information about automated decision-making, including profiling and the applied logic, the relevance of such data processing and its expected consequences for users.
Where we forward personal data to third countries or international organisations, the user shall also be entitled to receive information about the appropriate guarantees of forwarding.
Right to rectification
Users may request the rectification of personal data processed by the data processor and that they be completed as necessary.
Right to erasure
Users shall be entitled to have their personal data erased as requested without undue delay for any of the following reasons:
- the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed;
- the user withdraws his or her consent to data processing and there are no other legal grounds for data processing;
- the user objects to data processing and there are no overriding legitimate grounds for data processing;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services.
The erasure of data may not be initiated to the extent that data processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health or for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;
- for the establishment, exercise or defence of legal claims.
Right to restriction of data processing
Upon the user’s request, we will restrict data processing in the following cases laid down in GDPR Article 18:
- the user contests the accuracy of the personal data for a period enabling the controller to verify the accuracy of the personal data;
- data processing is unlawful and the user opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of processing but they are required by the user for the establishment, exercise or defence of legal claims; or
- the user has objected to processing, pending the verification whether the legitimate grounds of the controller override those of the user.
Where data processing has been restricted. such personal data shall, with the exception of storage, only be processed with the user’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Right to data portability
The user shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller. The controller shall typically grant such requests in Word or Excel format.
Right to object
Where personal data are processed for direct marketing purposes, the user shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the user objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
Automated individual decision-making, including profiling
The user shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This right shall not apply if the decision
- is necessary for entering into, or performance of, a contract between the user and the controller;
- is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the user’s rights and freedoms and legitimate interests; or
- is based on the user’s explicit consent.
Right to withdraw consent
The user shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Contact and redress
The user may request information about the personal data processed by the operator at any time and may alter such data at any time in the way laid down in the GTC. The user may also request the erasure of his or her data at any of the addresses given in this paragraph. The operator shall provide information about the user’s data processed by it as requested, including the aims of, legal grounds for and term of data processing, the recipients of data and the purposes for which they receive or have received the data.
The user may exercise his or her rights at the following addresses:
1116 Budapest, Fegyvernek utca 33.
The user may at any time request the rectification or erasure of his or her data if they have been incorrectly recorded. The user may rectify some of his or her data alone on the website. In other cases, the operator shall irretrievably erase the data no later than 30 days after receipt of the request. The erasure shall not apply to statutory data processing (e.g. under accounting laws). The operator shall preserve such data for the required period.
By virtue of Act CXII of 2011 on the right to informational self-determination and freedom of information (hereinafter: “Info Act”) and the Civil Code, the user may enforce his or her rights in court and may submit any complaint about the controller’s data processing practices to the National Authority for Data Protection and Freedom of Information (hereinafter: “NAIH”) (1055 Budapest, Falk Miksa u. 9–11.).
Where the user has supplied third party data during registration for using a service or has caused damage in any way while using the website, the operator may claim compensation from the user. In such cases, the operator shall give all reasonable assistance to the competent authorities to identify the person in default.
General Terms and Conditions
of Services Provided on the Havasi Websites
- Scope of GTC
- (1.1) These General Terms and Conditions (hereinafter: “GTC”) set forth the general terms and conditions of the contracts for the use of services disclosed (and made accessible) on the websites (hereinafter: “websites”) under the following domain names, to be concluded by and between the operator of the websites, SYMPHONIC CONCERT MANAGEMENT Korlátolt Felelősségű Társaság (seat: 1116 Budapest, Fegyvernek utca 33., company number: 01-09-952968; tax number: 12434611-2-43, company number: Budapest Metropolitan Regional Court as Companies Court) as a service company (hereinafter: “operator”) and the user of the services (hereinafter: “user”). By using the services, the user shall explicitly accept these GTC as binding.
The websites subject to these GTC are the following:
Both the operator and the user shall fully take into consideration these GTC and act in compliance with them while performing any of their contracts.
- (1.2) These GTC shall only apply to the products distributed by the operator but not to any of the contracts made by the user and third parties even if the user is referred to the given third party on the websites.
- (1.3) These GTC shall apply to the products sold and the information made available on the websites. The products ordered on the websites and the corresponding rules and conditions shall be subject to Government Decree 45/2014 (26 February) on the detailed rules of contracts between consumers and enterprises.
- (1.4) The operator may at any time unilaterally revise the GTC without giving prior notification to the user or obtaining his or her consent. The revision shall enter into force by displaying on the websites and shall be applicable to both the operator and the user from its entry into force. Using any of the operator’s services shall mean the acceptance of the revised GTC.
- (1.5) These GTC shall be public and accessible to any person.
- Conditions of use of the websites
- (2.1) The operator may make the purchase of any product offered on the websites subject to preliminary registration. The user may use or purchase any product subject to registration after confirming registration. In this case, the user shall fill the use of service form available on the websites with the required data then submit the completed form to the operator. If the user has properly filled the form and submitted the required data to the operator, the operator shall send an acknowledgement of receipt of the application for registration to the user’s email address, and the user shall confirm registration by clicking on the website link in the operator’s letter, automatically generated by the system and automatically sent by the operator, or in any other appropriate way.
- (2.2) The operator’s services offered on the websites, including but not limited to browsing the products offered in the web-shop/on the websites and browsing and downloading the public contents displayed on the websites or saving them in any other way, may be used by any person without registration or any other limitation.
- (2.3) When registering on the websites, the user shall be given a unique user name and password for the purpose of identification and access to the system reserved for registered users. The operator disclaims liability for any abuse of the registered user’s password and for any damage caused to the user or any other user. The user shall be liable for the genuineness of the data supplied during registration and for any damage caused by their falseness or inaccuracy. The user shall immediately inform the operator when he or she learns that his or her password has become known or accessible to any unauthorised person, or if his or her password has been abused in any other way.
- (2.4) In other respects, the operation of the websites shall be subject to Act CVIII of 2011 on certain matters of electronic commerce services and services related to information society (hereinafter: “E-commerce Act”). For the purposes of this paragraph, the operator shall comply with its obligation of disclosure laid down in Section 4 of the Act in the “Legal Advice” displayed and made accessible to any person on the websites.
- (2.5) Cookies
The use of services shall require the authorisation of cookies. In case the user does not wish to allow them, he or she may block them in his or her browser settings. In this case, some elements of the service shall only be available partly or not at all.
A cookie is an information package sent by the server to the browser then returned by the browser to the server in the case of each request submitted to the server. Cookies are generated by the server using the browser on the user’s computer, which stores them in a separate directory. Cookies do not store personal data.
Cookies only store the contents of the basket and the session ID. The session ID stored in the cookies is stored until the website is closed and all further data are stored until deleted from the user’s browser.
- Intellectual property rights related to the websites
- (3.1) As part of all services offered by the operator, the contents displayed on the websites, especially
- the domain names of the websites,
- the operator’s logo,
- the editing principles, procedures and methods applied on the websites,
- the appearance of the websites, the operator’s mottos, software and other solutions, ideas and designs,
- all written, graphic, animated or audio materials displayed on the websites by the operator,
- intellectual properties subject to a trademark or any other industrial protection, and
- the domain name havasi.eu and all other domain names referred to in paragraph 1.1
- (3.1) As part of all services offered by the operator, the contents displayed on the websites, especially
shall be the operator’s intellectual property and may only be used by the operator.
Accordingly, the foregoing contents may not be used in any way, form or to any extent without the prior written consent of the operator or the intellectual property right holder.
- Establishment of contracts
- (4.1) The user may purchase the products available on the websites (e.g. concert ticket) and view and download the contents available on the websites.
- (4.2) The operator may sell tickets in either of the following ways:
- The operator advertises the concert on the websites and the tickets are sold to the user by a third party (e.g. Eventim, Ticketmaster). The operator informs users that the data supplied for bill paying are processed by a third party (safe payment service provider, data processor). In this case, the operator does not request any data from users but refers them to the website of its ticket sales partner, all ticket sales data are processed by the ticket sales partner, the contract is subject to its GTC, and the ticket sales partner shall be have exclusive liability to answer any client service question.
- The operator sells tickets to certain concerts by itself on any of the websites listed in paragraph 1. In this case, these GTC shall apply. The data required for billing and access to the concert shall be requested and stored by the operator, providing client service assistance.
- (4.3) The operator shall accept orders from any individual with residence and a telephone number in any country and from any legal person or other organisation registered (having a delivery address) in any country.
- (4.4) Users shall be free, without registration, to use the software applied on the websites to configure the products that they wish to purchase, and to select the given product by clicking on the “Add to Basket” button next to each product (hereinafter: “basket”). Users may check and change the contents of their baskets in the “Basket” menu. In the same place, users may view and change the desired quantity of the product in the basket, select the appropriate mode of payment and delivery or delete the given item. Users shall also have the option to completely empty the basket.
- (4.5) Users shall not be required to purchase the products in the basket and the creation of the product list and the contents of the basket shall not constitute a contractual offer or a call for bids.
- (4.6) Users may only make a valid and effective declaration on the establishment, revision and termination of the contract aimed to purchase the products offered in the web-shop/on the websites by clicking on the “Order” button on the websites during the selection of the product, on the platform created for this purpose (hereinafter: “user’s platform”). At the same time, this shall not constitute an offer or a call for bids. Users may place the actual order after duly supplying the requested data in the form appearing on the websites. Outside the user’s platform, users may only make a declaration in the scope and manner laid down in these GTC.
- (4.7) Upon placing an order, users shall supply the email address for delivery to which the operator shall send its subsequent declarations addressed to the user about the conclusion and performance of the contract. The parties mutually accept that any declaration made by email shall only be regarded as written if it is suitable for reproducing the terms of such declaration without any change and for identifying the declarant and the date of declaration.
- (4.8) Upon placing an order, users shall select any of the options offered on the websites and determine the detailed conditions for payment and billing. Until ordering the given product, users shall be free to change the contents of their basket and certain conditions of the order.
- (4.9) Users may not withdraw or change their orders once placed.
- (4.10) Users shall order the product added to the basket by duly filling the order form and clicking on the “Order” button on the websites. The order alone shall not constitute a contract between the parties for the purchase of the products but shall constitute the user’s contractual offer, which the operator shall immediately confirm by electronic means after receipt of the order.
- (4.11) The operator’s confirmation shall at all times contain the description and quantity of the product ordered by the user, the selected mode of delivery and payment, the product’s sales price and transport costs, and the expected date of delivery assumed by the service provider and the place where consumer complaints may be submitted.
- (4.12) Users shall pay the sales price of the products ordered in the foregoing manner on the websites after previous registration on the websites, by advance transfer to the operator’s designated bank account or by bank card.
- Terms of contract concluded during purchase in the web-shop/on the websites
- (5.1) The contract between the user and the operator shall only contain the data and conditions supplied by the user during the order procedure and approved by the operator in the confirmation. Accordingly, the operator shall send the selected products to the user and the user shall pay the sales price.
- (5.2) The operator warrants and represents that the data of the products sold on the websites as supplied by the manufacturer/supplier are in conformity with those supplied by the manufacturers/suppliers. The operator disclaims liability for any damage caused by the defective/inaccurate/incomplete/inappropriate data supplied by the manufacturer/supplier to the operator regarding the product manufactured/supplied by it.
- Terms of performance and payment
- (6.1) The operator shall deliver the product purchased by the user electronically or physically.
- (6.2) The sales price shall be determined by the operator in accordance with the list price of the given product stated on the websites, valid as of the date of contract. The sales prices displayed on the websites shall include VAT.
- (6.3) In the case of products delivered electronically, the sales price shall be exclusive of transport costs. The operator may charge delivery costs. The guide on delivery costs shall be accessible and free for inspection to any person on the websites.
- Cancellation, changes, refunds, liability
- (7.1) Where an event cannot be held on the scheduled date through no fault of the operator (force majeure) but the operator announces a new date within 12 months after the set date, the rules of cancelled events shall not apply and tickets shall not be repurchased but shall continue to be valid for the event on the new date. If the event is cancelled and the operator does not announce a new date, the operator shall refund the ticket price to users.
- (7.2) Users may not submit any claim other than the ticket price or seek compensation from the operator.
- (7.3) The operator reserves the right to make minor or reasonable changes to the cast or the program. In the case of cancellation or postponement, the operator disclaims liability for refunding any cost incurred in the change (e.g. travel, hotel, administrative or transport costs).
- (7.4) The operator does not warrant that users will be satisfied with the show, the event or any program related to the given ticket or that users will need the content and information heard or received at the show.
- (7.5) Likewise, except for any circumstances within its own sphere of interests, the operator does not warrant that programs and the related services are undisturbed or perfect and that the potential defects will be eliminated during the event. No oral or written information provided by the operator to users shall give rise to the right to warranty.
- (7.6) Users may not resell tickets. Resale shall always be subject to the reseller’s liability. The operator disclaims liability for any damage caused by resale to third parties.
- (7.7) In the case of tickets to online concerts, the operator shall not be liable for the fact that the online concert is not free from defects for any reason within the user’s sphere of interests (e.g. unavailability, poor internet connection, etc.). In the case laid down in this paragraph, the operator shall enable users to replay the online concert within 24 hours. After the expiry of the 24 hours, the user shall not have such right and the operator shall not be liable to refund the ticket price.
- (7.8) Users shall be free to download any digital downloadable product (such as music albums, videos, concert films, scores) until the deadline announced on the websites.
- (8.1) The operator assumes liability for the fact that the product delivered complies with the parties’ contract and shall annex a Hungarian description to product or its packaging if required for the normal use of the product.
- (8.2) The operator may use an unlimited number of subcontractors (fulfilment partners) to perform the services purchased on the websites (e.g. ticket sales, concert management, delivery of products ordered, etc.) and shall be liable for the conduct of such subcontractors as if it had acted itself.
- Right of withdrawal
Users may withdraw from purchasing the product without giving reasons within 14 days of receipt. Users shall exercise the right of withdrawal by making a clear declaration to that effect and using the declaration form in Annex 2 to Government Decree 45/2014 (26 February). The withdrawal period shall expire 14 days after receipt of the product. Users shall exercise the right of withdrawal/termination by the due date by submitting their declaration of withdrawal/termination before the foregoing deadline. In case the user withdraws from the contract, the operator shall refund all consideration paid by the user immediately but no later than 14 days after receipt of the declaration of withdrawal. The operator may retain the refund until it recovers the product or the user proves its return, whichever occurs first. The operator shall only repay the sales price if the recovered product is intact and suitable for resale and has the same quantity as the quantity ordered. The costs of returning the product shall be borne by the user. The user shall only be held liable for any depreciation of the product if it was caused by any use in excess of the use required for identifying the nature, characteristics and operation of the product. By virtue of Section 29(1)l) of Government Decree 45/2014 (26 February), users may not exercise their right of withdrawal or termination if the concert ticket is valid for a given date (day, deadline).
- Defect liability, product liability and warranty
- (10.1) Users may submit claims for defect liability to the operator for defective performance according to the rules of the Civil Code. They may request a repair or replacement unless either of them is impossible to perform or it would impose undue extra costs on the operator as opposed to the performance of other claims. In case the user did not or was not entitled to request a repair or replacement, he or she may claim a proportionate reduction of the consideration or may repair or cause to repair the defect at the operator’s costs or ultimately withdraw from the contract. Users may substitute the selected right to defect liability for another one but shall assume the costs of substitution unless it was reasonable or necessary because of the enterprise. The user shall report the defect immediately after noticing it but no later than two months afterwards. The user may not enforce its right to defect liability beyond the two-year prescription period from the performance of the contract. Within the six months from performance, the claim for defect liability may be enforced without any condition other than reporting the defect as long as the user proves that the product or service has been provided by the operator. By contrast, after expiry of the six months after performance, the user shall prove that the defect identified by it already existed at the time of performance.
- (10.2) In the case of a defective product, the user may choose to enforce the foregoing right or submit a claim for product warranty. A claim for product warranty shall only entitle the user to request the repair or replacement of the defective product. A product shall be defective if it does not comply with the quality criteria in effect upon release or lacks the characteristics set forth in the manufacturer’s description. Users may enforce their claim for product warranty within two years of release by the manufacturer. After expiry of this deadline, users shall lose such right. Users may only submit a claim for product warranty against the manufacturer or distributor of a movable asset. In the case of enforcing a claim for product warranty, the user shall prove the product’s defect. The user may not claim a defect warranty and a product warranty for the same defect simultaneously.
- (10.3) The user may enforce his or her warranty rights against the obliged party assuming warranty by virtue of the Civil Code. The user may not claim a defect, product and ordinary warranty for the same defect simultaneously.
- Miscellaneous provisions
- (11.1) The language of all contracts to be concluded during the use of the websites, irrespectively of the place of purchase and performance, shall be Hungarian and contracts concluded in this way shall not constitute written contracts and shall not be archived by the operator.
- (11.2) The terms of the contracts concluded during the use of the websites, the parties’ rights and obligations shall be subject to Hungarian law.
- (11.3) The operator reserves the right to terminate any part of the websites or the service without prior warning. This provision shall not affect the terms of legal relationships based on contracts that were concluded upon purchase in the web-shop/on the websites.
- (11.4) By accepting the GTC under paragraph 1.1, the user shall also accept and recognise the operator’s Data Protection Regulation, which shall be freely available and accessible to any person on the websites.