The present General Terms and Conditions (hereinafter referred to as “GTC“) contain the terms and conditions for ordering, purchasing and using the products (hereinafter referred to as “Product”) available through the Internet website https://www.medomega.hu/ (hereinafter referred to as “Website”) operated by MedOmega Limited Liability Company (hereinafter referred to as “Company”). The ordering and purchase of the Product(s) and the use of the Website shall be subject to and in accordance with the provisions of these GTC.
By shopping on the Website, the Customer fully accepts the provisions of these GTC.
The price of the products on the Website includes 27% VAT!
Service provider, site operator
Name: MedOmega Korlátolt Felelősségű Társaság
Address: 8000 Székesfehérvár, Pozsonyi út 99/F
Company registration number: 07-09-031684
Tax number: 28965039-2-07
Bank account number: HU26 1070 0093 7240 8982 5110 0005 (HUF)
Representative: László Lőrinc
Email:[email protected]
Phone: +36 30 633 45 26
Details of the hosting provider:
Definitions
Customer: any natural person or business entity, whether registered or not, who purchases Products on the Website through the Website.
End-user: any natural or legal person or unincorporated business entity who purchases the Product in a quantity not exceeding the satisfaction of personal needs for the purpose of using it for his/her own needs. Any natural or legal person or unincorporated business entity purchasing the Product(s) for resale shall not be considered an End User.
Registered Buyer: a Buyer who has created a Buyer Account on the Website by entering an email address and password and makes purchases on the Website by logging into his/her registered account.
Consumer: a natural person acting outside the scope of his or her profession, self-employment or business activity.
Product: means any and all marketable movable goods available on the Website and available for purchase by the Customer, including any and all products branded Renarthro, ArtiAidPlus, InnoviscOne.
Website: a website operated by the Company for the purpose of concluding a contract between the Customer and the Company.
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication to conclude the contract.
Device enabling communication between remote parties: a device which is capable of making a contractual statement in the absence of the parties in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access devices.
Host organisation: a business company, a European company limited by shares, an association, a European economic association, a European territorial association, a cooperative, a housing cooperative, a European cooperative, a water management association, a forestry association, a Hungarian branch of a foreign-based company, a public enterprise, another state enterprise, a company of individual legal persons, a joint venture, a bailiff’s office, a notary’s office, a law firm, the patent agent’s office, the voluntary mutual insurance fund, the private pension fund, the sole proprietorship, and the sole proprietor, and, in addition, in civil law relations relating to its business activities, the State, local government, the budgetary body, other legal persons applying the rules on the management of budgetary bodies by law, associations – in particular but not exclusively hunting associations – , public bodies and foundations.
Relevant legislation
- Act CLV of 1997 on Consumer Protection
- Act LXXVI of 1999 on Copyright
- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
- Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
- Act V of 2013 on the Civil Code
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- 19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
- REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)
- 373/2021 (30.VI.) Government Decree on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
- General provisions
- The Company provides a shopping interface through the Website for Customers to purchase certain Products or Services on the Website.
- Only a natural person with legal capacity may make a valid purchase offer for the purchase of Products available on the Website. By using the Website, in particular, but not exclusively, by registering and ordering a Product or Service, the Customer acknowledges that he/she is a natural person with full legal capacity or an entity acting through a representative authorised to represent it, by providing true and correct data.
- By ordering a Product or Service, Customer expressly acknowledges that it is an End User.
- By accessing the Website, the Customer undertakes that he/she has read and accepted the contents of these GTC and the Privacy Policy and that he/she accepts them as binding. The Company’s Privacy Policy is available at the following link: www.medomega.hu/gdpr
- By using the Website, in particular but not limited to registration and purchase of the Product or Service, the Customer expressly acknowledges that the Company will record the personal data provided by the Customer and process it in the manner and for the purposes set out in the Privacy Policy in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the GDPR).
- The provisions of these GTC may be amended only by the Company. The Company is entitled to unilaterally modify the Website, including the provisions of these GTC, from time to time, in particular, but not limited to, the Product range and their prices, the ordering procedure, terms and conditions, the payment method, in view of the changing market, IT and legal environment. By using the Website, Customer automatically accepts the amended GTC. The current version of the Terms and Conditions shall be permanently available on the Website and shall be accepted by the Customer at the time of purchase. If the Customer does not agree with the amended T&Cs and therefore does not accept them, the Customer shall notify the Company by email.
- In the event of a modification of the GTC by the Company, the provisions of the GTC in force at the time of ordering shall apply to the Products already ordered.
- The language of the contracts covered by these GTC is Hungarian.
- Contracts covered by these GTC are not written contracts and are not registered by the Company.
- Rules for shopping on the website
The Customer has the option to purchase Products through the Website, subject to the following rules:
- Product selection
- The Customer may view and purchase the Products on the Website at any time. The Customer may search for Subcategories within the specified Product Categories and for individual Products within those Subcategories. By clicking on the icon of a Product, the Customer will find an illustrated photo, a detailed product description, a technical description (technical data, parameters) and further information about the Product. Any accessories or decorative elements in the illustrated photograph are not part of the Product, unless specifically mentioned in the product description.
- The Products and information on the Website do not constitute an offer by the Company to enter into a contract.
- In the event that the Customer wishes to purchase a particular Product, he/she can select the quantity of the Product he/she wishes to purchase and place it in a virtual basket by clicking on the “Add to basket” icon, possibly after entering the code on the discount card. The contents of the basket can be viewed at any time during the purchase. Checking the contents of the Shopping Cart allows the Customer to verify the Products selected, their contents, the number of items and the total amount of the purchase, as well as the discount based on the Customer’s discount card.
- Prices
- The Products on the Website are displayed at the price valid at the time of ordering, excluding any customer discounts, except for Products on sale. The prices indicated are gross prices, including VAT, but excluding the cost of delivery.
- Providing personal data
- In order to make a successful purchase on the Website, the Customer is required to provide certain customer discount card information (code), personal information such as name, e-mail address and billing information (name/company name, tax number, country, postal code, city, street, house number, county, telephone number, e-mail address).
- The data provided during the purchase and registration process will be processed and stored by the Website in accordance with the provisions of the Company’s Privacy Policy and the information contained in the Privacy Policy. The next time a registered customer makes a purchase, he/she only needs to log in to the Website by entering his/her e-mail address and password.
- After providing the personal data, the Customer has the possibility to modify them and check their correctness. The accuracy and veracity of the personal data provided shall not be verified by the Website and the Customer shall be solely responsible for them.
- Due to the nature of the Product or Service available on the Website, only persons over the age of eighteen may be Customers. No person under the age of eighteen may make a purchase on the Website.
- Delivery and payment terms
- When placing an order, the Customer is obliged to choose the desired delivery method.
In the case of home delivery/parcel delivery, the cost of delivery is borne by the Customer and is automatically added to the total amount of the order by the payment system of the Website. The cost of delivery varies depending on the size of the parcel and includes the cost of packaging.
For purchases over HUF 30.000.- (i.e. thirty thousand HUF) the delivery is free of charge.
In the case of home delivery, the Customer must provide the delivery address if it is different from the billing address.
- The Customer acknowledges that by ordering the Product, a legally binding contract is concluded between the Customer and the Company, under which the Customer is liable to pay a fee.
- The itemized price of the Product or Service ordered and the price of the final order are included in the Shopping Cart. Customer acknowledges that the purchase price is always dependent on the contents of the Shopping Cart. The prices of the Products are in HUF and include VAT. The Company shall issue an invoice for the Products in accordance with the legislation in force. It is the Customer’s sole responsibility to ensure that all the relevant details are accurately recorded on the invoice issued. Failure to do so, or incomplete or incorrect recording, shall not oblige the Company to issue a new invoice. The Company shall provide the invoice for the Service to the Customer primarily by electronic means, by means of an e-mail message sent to the e-mail address provided by the Customer.
- The Customer acknowledges that he/she may pay the Company for the Products ordered as follows:
- Payment by bank transfer in advance: the confirmation email sent to the Customer will contain the Company’s bank account number and the order number, which the Customer must refer to in the remittance comment/notice section. If the amount transferred is credited to the Company’s bank account, the ordered Product(s) will be dispatched by GLS courier service.
- Payment by credit card: payment is possible with the following valid and current credit cards, including: Visa, MasterCard, American Express. Following the redirection to the platform used for payment by bank card (Simple Pay), the service provider is obliged to provide the card number, CVV/CCV code and expiry date of the card, as well as the name of the cardholder, in accordance with the terms and conditions and the privacy policy of the service provider. During the payment process, the Customer may only provide data relating to credit cards that are the property of the Customer. The Customer expressly acknowledges that the Service can only be used if the fee specified on the Website is paid. The Customer may pay the fee by any means offered by the Company on the Website. Payment by credit card is provided by Simple Pay. The Customer’s personal data stored in the Company’s user database shall be transferred to OTP Mobil Kft. (1143 Budapest, Hungária körút 17-19.) as data processor. Name, email address, telephone number, billing address, delivery address. The nature and purpose of the data processing activities carried out by the data processor can be found in the Simple Pay Data Processing Information Notice, at the following link: http://simplepay.hu/vasarlo-aff
- Cash on delivery: the Customer shall pay the purchase price of the Product to the GLS/PDS courier service delivery person upon receipt of the delivered package, either in cash or by credit card. In the case of cash on delivery, the delivery fee of 390.-Ft will be added to the delivery cost.
- Correcting data entry errors
- During the ordering process, the customer has the opportunity to check the correctness and accuracy of the personal data and the code on the customer discount card, and to correct them in case of errors.
- During the ordering process, the Customer may check and modify the personal data entered at any time, even if he/she has already proceeded with the ordering process.
- In the event that there is a change in the Customer’s personal data after placing the order, the Customer is obliged to notify the Company by e-mail.
- Order a Product or Service
- If the Customer does not wish to add more Products to the Shopping Cart, the Customer clicks on the “Proceed to checkout” icon in the “Checkout” interface to enter the billing and shipping details, select the method of delivery and payment of the purchase price.
- Prior to ordering the contents of the Shopping Cart, the Customer has the opportunity to check the contents of the Shopping Cart, its total amount, the customer discount code and the accuracy of the personal data provided.
- In the event that the Customer finds all the data provided to be correct and does not wish to modify them, the Customer may finalize the contents of the Shopping Cart by clicking on the “Submit Order” icon.
- The Customer acknowledges that the successful finalisation of the order can be achieved by accepting the clause “I have read and accept the General Terms and Conditions” (by ticking the checkbox).
- When paying by credit card, the customer is redirected to the Simple Pay payment page by clicking on the “Submit Order” icon, where they can start the payment transaction by entering their credit card details. The Customer is responsible for verifying the credit card details provided and is solely responsible for their accuracy and correctness.
- Customer acknowledges that by ordering a Product or Service, Customer is deemed to be a Bidder in accordance with the provisions of these GTC.
- Confirmation of purchase
- The Company undertakes to send the Customer a confirmation e-mail of all orders received by 12:00 noon on the first working day following the date of receipt, containing the details of the order and, in the case of payment by bank transfer, the Company’s bank account number and the order number. The Customer acknowledges that he/she is obliged to keep the confirmation e-mail until the successful receipt and delivery of the Product or until the receipt and delivery have been carried out successfully.
- The contract between the Parties is concluded when the confirmation e-mail appears in the Customer’s mail system.
2.8.3.The Customer acknowledges that his/her confirmed order cannot be modified through the Website, and in case of any request, request or change, he/she shall contact the Company personally, by e-mail or by telephone.
- Receipt and delivery of the product
- The Company delivers the Products only to Hungary, using only current courier delivery methods.
- In this case, the Company will notify the Customer of the delivery address, the expected date and time of delivery and the shipping company in the confirmation e-mail.
The Company undertakes to deliver the Product(s) ordered within 5 working days of the order confirmation. In the event that the Product is not in stock or the expected delivery date is delayed for reasons beyond the control of the Company, the Company shall notify the Customer immediately.
- Customer complaint, withdrawal
- Incorrect performance
- The Company declares that it is responsible for ensuring proper delivery conditions for the Product ordered.
- The Customer is obliged to check the content and condition of the delivered order in the presence of the courier upon delivery of the Product. In the event that the Customer notices that the delivered Product is defective, broken or damaged, he/she shall immediately notify the Company of his/her objection at the courier’s premises or by e-mail.
- The Company undertakes to respond to the Customer’s complaint within 3 working days of receipt and to replace or repair defective, broken or damaged Products within 15 working days.
- Customer’s right of withdrawal
- The Customer has the right of withdrawal if he/she qualifies as a consumer under these GTC and the legislation in force. If the Customer does not qualify as a consumer, he/she may not exercise the right of withdrawal under this Chapter 4.2.
- The Customer may exercise the right of withdrawal within a period of 14 days from the date of receipt of the Product or, in the case of several Products, if they are delivered at different times, the last Product delivered, by the Customer or a third party other than the courier designated by the Customer.
- In the case of an order for a service, the 14-day time limit is calculated from the date of the confirmation e-mail in the Customer’s e-mail system.
- The exercise of the Customer’s right of withdrawal shall be deemed valid if the Customer sends the Company a declaration to that effect within the time limit.
- In the event that the Customer wishes to exercise its right of withdrawal, it shall send a clear statement of its intention to withdraw by e-mail to the Company’s e-mail address [email protected] or by post to the Company’s address at 8000 Székesfehérvár, Pozsonyi út 99/F. The Customer may also use the model withdrawal statement set out in Annex 1 to these GTC.
- In the event of the Customer’s withdrawal, the Company shall refund the total amount paid by the Customer as the purchase price, including any costs incurred in connection with the performance, including any delivery charges, within 14 days of the date of the Company’s knowledge of the Customer’s withdrawal. The Company shall use the same method of payment as that used in the original transaction for the refund, unless the Customer expressly agrees to use a different method of payment, in which case the Customer shall not incur any additional costs as a result of the use of such method of payment. The Company will assess such cases individually, taking into account all the circumstances of the case.
- In the event of withdrawal, the Customer shall return the delivered Product to the Company’s address in its original condition, in packaging equivalent to the original and ensuring safe delivery, without delay, but no later than 14 days from the date of the withdrawal.
- The Customer acknowledges that the cost of returning the Product will be borne by the Customer.
- The Customer acknowledges that, in view of the nature and premium quality of the Products, he/she may return the Products to the Company only in packaging that has been stored under appropriate conditions, is intact, is equivalent to the original packaging and ensures safe transport. If the Customer fails to comply with these requirements, he may not exercise his right of withdrawal.
- In the case of a purchase of a Product, the Company may withhold the amount specified in clause 4.2.5 until the Customer has returned the Product or has proved beyond reasonable doubt that it has been returned, whichever is the earlier.
- Order modification, cancellation
- The Customer acknowledges that he/she may not cancel the Product or Service already ordered, and may only exercise his/her right of withdrawal as set out in Chapter 4.2 of these GTC.
- In the event that the Customer wishes to modify the content of the Product or Service already ordered but not yet delivered, he/she must contact the Company immediately by e-mail or telephone. The Company will consider such requests individually, taking into account all the circumstances of the case.
- Responsibility
- The Customer acknowledges that he/she is solely responsible for the correctness and accuracy of the data provided during the order, in particular, but not exclusively, for the billing and delivery data.
- The Customer also acknowledges that the Company is entitled to claim damages against the Customer for any damage resulting from the Customer’s inaccurate or incorrect data entry.
- Furthermore, the Company is not liable for any incompleteness of the data provided by the Customer or for any disadvantage, damage or claim arising from incorrectly provided data.
- If the Customer deliberately provides incorrect, inaccurate or untrue information or makes such a statement, the Company is entitled to withdraw from the contract with immediate effect and to enforce all its claims against the Customer.
- Copyright protection
- The entire Website is protected by copyright. All graphics, layouts, images, text content on the Website are the property of the Company.
- Any and all elements of the Product or Service and all content and elements created and made available by the Company on the Website are protected by copyright.
- Any use or copying of the content of the Website is only possible with the prior written consent of the Company.
- Other provisions
- The Customer acknowledges that the annexes and the information contained therein form an integral part of these GTC.
- These GTC are effective from 2 January 2024.
- Annex No.
Model withdrawal declaration
The Company informs the Customer that if he/she is a consumer, he/she may also exercise his/her right of withdrawal under clause 4.2 of the GTC by making the following declaration:
Addressee:MedOmega Trade and Service Company Limited Liability Company
address: 8000 Székesfehérvár, Pozsonyi út 99/F.
e-mail address: [email protected]
I, the undersigned, declare that I exercise my right of withdrawal in respect of the contract for the purchase of the following Product(s): ………………………………..
Date of conclusion of contract / date of receipt: ……………………………………
Consumer name: …………………………………………………
Consumer’s address: ………………………………………………………
Consumer’s signature: (only in case of paper declaration) ………………………………
Celtic: ………………………
Addressee:MedOmega Trade and Service Company Limited Liability Company
address: 8000 Székesfehérvár, Pozsonyi út 99/F.
e-mail address: [email protected]
I, the undersigned, declare that I exercise my right of withdrawal in respect of the contract for the provision of the following service: ………………………………….
Date of conclusion of contract / date of receipt: ……………………………………
Consumer name: …………………………………………………
Consumer’s address: ………………………………………………………
Consumer’s signature: (only in case of paper declaration) ………………………………
Celtic: ………………………
- Annex No.
Information on accessories and product warranty
Pursuant to Government Decree 45/2014 (26.II.), the Company provides the following information to the Customer – if he/she is a consumer:
- Accessories warranty
In what cases can the Customer exercise his/her right to a warranty?
In the event of defective performance by MedOmega Trade and Service Company Limited Liability Company, the Customer may assert a claim for warranty against the Company in accordance with the rules of the Civil Code.
What rights does the Customer have under a warranty claim?
Buyer may, at his/her option, make the following warranty claims:
It may request a repair or replacement, unless the Customer’s choice of one of these is impossible or would involve disproportionate additional costs for the Company compared to the fulfilment of its other request. If the repair or replacement is not or could not be requested, the Customer may request a proportionate reduction in the consideration or the defect may be repaired or replaced by another party at the Company’s expense or, as a last resort, may withdraw from the contract.
You may transfer your chosen warranty right to another one, but the cost of the transfer shall be borne by the Buyer, unless it was justified or the Company gave a reason for it.
The Buyer is also entitled – depending on the seriousness of the breach of contract – to request a proportionate reduction of the consideration or to terminate the sales contract if.
- the Company has failed to carry out the repair or replacement, or has carried out the repair or replacement but has not ensured the return of the replaced product at its own expense, or has refused to make the product conform to the contract;
- there was a repeated failure of performance, despite the Company’s attempts to bring the product into conformity with the contract;
- the defect is of such gravity as to justify immediate price reduction or immediate termination of the sales contract; or
- the Company has not undertaken to bring the product into conformity with the contract, or it is obvious from the circumstances that the Company will not bring the product into conformity with the contract within a reasonable period or without causing significant detriment to the Customer.
The Customer may exercise its right to terminate the sales contract by sending a legal declaration to the Company expressing the decision to terminate the contract.
What is the time limit for the Customer to claim under the warranty?
The Customer must notify the defect immediately after its discovery, but not later than two months after the discovery of the defect. The Company draws the Customer’s attention to the fact that he may no longer assert his rights to claim for defects beyond the two-year limitation period from the date of performance of the contract.
Who can you claim against?
The Customer may assert a warranty claim against the Company.
What other conditions are there for the enforcement of your rights under the warranty?
Within one year from the date of performance, there is no other condition for asserting a warranty claim other than the notification of the defect, if the Customer proves that the product or service was provided by the Company. However, after one year from the date of performance, the Customer must prove that the defect which he has discovered existed at the time of performance.
- Product Warranty
In what cases can the Customer exercise the right to a product warranty?
In the event of a defect of a movable item (product), the Customer may, at his/her option, exercise his/her right as set out in point 1 or claim under product warranty.
What rights does the Customer have under a product warranty claim?
As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
In which cases is the product considered defective?
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the deadline for the Customer to claim under the product warranty?
The Customer may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. Once this period has expired, he loses this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.
If the manufacturer provides a durability guarantee for a specific product for a specific period, the Buyer may claim directly from the manufacturer, throughout the duration of the durability guarantee, to repair the defect or replace the goods, in accordance with the rules on the exercise of rights under ancillary warranties.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
– manufactured or marketed the product for purposes other than its business, or
– the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
– the defect in the product results from the application of a legal or regulatory requirement.
The manufacturer (distributor) only needs to prove one reason for exemption.
The Company draws the Customer’s attention to the fact that he/she may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time. However, in the event of a successful product warranty claim, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.
- Annex No.
Information on complaint handling, online dispute resolution platform
The Customer, as a consumer, may submit consumer complaints regarding the Product or the Company’s activities to the following contact details:
- Phone: +36 30 633-4526
- Website: www.medomega.hu
- E-mail: [email protected]
The consumer may communicate to the business, orally or in writing, a complaint about the conduct, activity or omission of the business or of a person acting in the business’s interest or on the business’s behalf directly related to the marketing or sale of goods to consumers.
The business must investigate the oral complaint immediately and remedy it as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the consumer on the spot. In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be provided with the substantive reply within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. The undertaking shall provide a unique identification number for oral complaints made by telephone or by electronic communications services.
Unless otherwise provided for in a directly applicable legal act of the European Union, the undertaking must reply in writing to the written complaint within thirty days of receipt and take steps to communicate the complaint. A shorter time limit may be laid down by law, or a longer time limit by statute. The undertaking must state the reasons for its rejection of the complaint.
The record of the complaint must include the following:
- the name and address of the consumer,
- where, when and how the complaint was lodged,
- a detailed description of the consumer’s complaint, a list of the documents, records and other evidence presented by the consumer,
- a statement of the business’s position on the consumer’s complaint, if an immediate investigation of the complaint is possible,
- the signature of the person who took the report and, except in the case of an oral complaint made by telephone or other electronic communication service, the signature of the consumer,
- the place and time of recording of the minutes,
- in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.
The undertaking must keep a record of the complaint and a copy of the reply for five years and present it to the supervisory authorities at their request.
If the complaint is rejected, the business must inform the consumer in writing of the authority or conciliation body to which he or she may refer the complaint, depending on its nature. The information must also include the address, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information should also include whether the business will use the conciliation body to resolve the consumer dispute.
The conciliation body is responsible for settling consumer disputes out of court. The conciliation body’s task is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.
The conciliation body’s proceedings are initiated at the request of the consumer. The request must be made in writing to the chairman of the conciliation body: the requirement of written form may be met by letter, telegram, telex or fax, or by any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data in an unchanged form and content.
The request must include
- the name, residence or domicile of the consumer,
- the name, registered office or place of business of the business involved in the consumer dispute,
- if the consumer has requested the designation of the competent conciliation body instead of the body having jurisdiction,
- a brief description of the consumer’s position, the facts supporting it and the evidence to support it,
- a statement by the consumer that the consumer has tried to resolve the dispute directly with the business concerned
- a declaration by the consumer that he has not initiated proceedings before any other conciliation body, that no mediation procedure has been initiated, that no application for a claim has been lodged or that no application for an order for payment has been submitted,
- a motion for a decision of the panel,
- the consumer’s signature.
The request must be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular the written statement by the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer that the required conciliation has been attempted.
More information on the Conciliation Boards is available here: http://www.bekeltetes.hu
For more information on the local Conciliation Boards, click here:
https://bekeltetes.hu/index.php?id=testuletek
Contact details of the competent conciliation body in the place where the company is established:
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number: +36 22 510-310
E-mail: [email protected]
Complaining to the consumer authorities
If a consumer notices a breach of his or her consumer rights, he or she has the right to lodge a complaint with the consumer protection authority in his or her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings. The first level consumer protection authorities are the metropolitan and county government offices competent for the consumer’s place of residence, a list of which can be found at: http://www.kormanyhivatal.hu/
Court proceedings
The consumer is entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Online dispute resolution platform
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 (the Regulation), the European Commission has set up an online dispute resolution platform.
Consumers will be able to settle their online shopping disputes through this platform by filling in an application form, avoiding court proceedings.
The online dispute resolution platform is available here: