consumer information

This is a translation of the original consumer information that can be found here. In case of any discrepancy, the original Hungarian version shall prevail.

1. Business

We inform You that this website is run by

Zámbóné Varga Katalin Erzsébet ev.

Registration number: 52654019 - Belügyminisztérium Okmányfelügyeleti Főosztály (Department of the Interior Department of Document Supervision)
Tax number: 69069336-1-42

Headquarters: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

Business site: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

Site of business activities: H- 1144 Budapest, Egyenes utca 8/B, III/46.

Website: https://www.mybettershelf.com/

E-mail: mybettershelf@gmail.com

(Business hereafter).

Present website and webpages as well as subpages are accessible through this address:

 

https://www.mybettershelf.com/

 

 

2. Incorrect performance

Business performs incorrectly if products do not match quality standards of the time of contracting or as it is stated in law.

 

Business does not perform incorrectly if You knew about the fault at the time of contracting, or must have known about the fault at the time of contracting.

 

In case You, considered as a Consumer, make a purchase, it must be presumed that faults discovered within six month after purchase were present at the time of performance, except if this assumption contradicts the nature of matters or the nature of fault. This practically means that in case of faults discovered within six month of purchase, it is the responsibility of Business to prove its case.

3. Accessory warranty

You may initiate a demand of accessory warranty against Business, if latter performs inappropriately, based on the regulations of Civil Code.

 

You – based on your choice – may want to realize the following accessory warranties:

You may ask for repair or exchange, except if any of these are impossible to perform of would mean a disproportionately high cost for Business compared to other demands. If You have not or could not ask for repair or exchange, then proportional lowering of counter-service may be asked for, or You might also repair the product or have it repaired financed by Business, or You may desist from contract as well.

 

You may change from the right to accessory warranty to another, however, You must pay the cost of this, except if it was necessary, or Business has given a reason for it.

 

You, considered as Consumer, must communicate faults immediately after noticing them, or two months the most. (In case of contracts between Consumer and business, faults which are communicated within two months after being discovered, must be considered as faults communicated without delay. Might there be a delay in communication, entitled person is held responsible for any damages.) At the same time, Business draws your attention to the fact that You may not exercise Your right to accessory warranty after two years of fulfilling contract. In case of second-hand products, this deadline is one year.

 

When You, considered as Consumer, make a purchase, You can realize your demands related to accessory warranty, and it has no other condition than communicating the fault, if You prove that product or service has been provided by Business. However, six months after accomplishment, You must prove that fault was already existent at the time of delivery.

 

 

4. Product warranty

 

In case of faults with chattels (products), You considered as consumer – based on your choice – may exercise your rights to accessory or product warranty.

According to product warranty demand, You can only ask for repair or exchange of faulty product.

Product is faulty if it does not meet valid quality standards at the time of marketing or does not have the qualities described in the manual released by producer.

 

You may exercise your demand for product warranty within two years after producer marketed the product (distributer marketing a product is also considered producer). After this deadline, You lose this right.

 

You can exercise your product warranty right against producer or distributor of chattels. If You want to exercise your demand for product warranty, it is your responsibility to prove fault of product.

 

Producer or Business are only freed from commitment to fulfill product warranty demands if they can prove that:

- product has not been made or distributed during their business activities, or

- fault could not be discovered at the time of marketing, taking into consideration scientific and technological developmental phases, or

- fault of product is the result of law or compulsory official regulation.

 

Proving one reason for producer or Business is enough.

 

You may not lay claim to accessory and product warranty at the same time. However, in case of a successful claim for product warranty, You may exercise Your demand for accessory right concerning exchanged product or repaired part against producer.

 

5. Compulsory warranty

 

Business is obliged to provide warranty in case of faulty accomplishment related to non-wasting products falling under Edict 151/2003 (22nd IX) (151/2003. (IX. 22.) Korm. rendelet) based on the following regulations:

 

Regulation V about Civil Code from 2013 (Polgári Törvénykönyvről szóló 2013. évi V. törvény), Edict 151/2003 (22nd IX) about compulsory warranty on certain products (az egyes tartós fogyasztási cikkekre vonatkozó kötelező jótállásról szóló 151/2003. (IX. 22.) Korm. Rendelet), Edict 19/2014 (29th IV) of National Treasury Department (NTD Edict hereafter) (19/2014. (IV. 29.) NGM rendelet (NGM rendelet hereafter)) about rules of procedure of warrandice and warranty demands between consumer and Business. A list of new non-wasting product can be found in the annex of Edict 151/2003 (22nd IX) (151/2003 (IX. 22.) Kormányrendelet melléklete). (You can find the all-time valid text of the edict at the following link: http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=a0300151.kor.)There is no warranty obligation  for any products not included in the list.

 

Concerning new non-wasting products regulated byEdict151/2003 (22nd IX), Business must enclose an warranty letter. Warranty period is one year.

 

If product belongs to new non-wasting products falling under the effect of Edict 151/2003 (22nd IX) (151/2003. (IX. 22.) Korm. rendelet), and if it fails during the one year of compulsory warranty, You may make the same demands against Business as in the case of accessory warranty. Thus, You have the chance to ask for repair, exchange or discount – in the order described above in Point 3. If Business has not undertaken repair or exchange, it cannot fulfill its obligation according to conditions prescribed by legal requirements, or You have lost your interest for repair or exchange, You may desist from contract.

 

If a purchased product is warranted, warrandice rights and rights resulting from warranty can be realized at the same time.

Business is only freed from its warranty obligation if it proves that reason of fault appeared after accomplishment.

We draw your attention to the fact that You may not exercise accessory warranty and warranty demand, or warrandice and warranty demand at the same time because of the same fault. However, You may exercise your warranty rights without regard to the specific entitlements defined in Points 3 and 4.

6. Right to desist

 

Majority of products distributed by Service Provider has been produced based on your specific requests after placing an order. You may not exercise your right to desist regarding products that have been created exclusively according to your instructions or demands, or have been customized to your unique needs.

 

In any other cases You may exercise your right to desist within 14 days without any explanation concerning this contract.

 

Deadline for desistance

a) in case of contract about sale and purchase of products: expires 14 days after day when You or third person denoted by You take over product from delivery company;

 

b) in case of more than one product: expires 14 days after day when You or third person denoted by You take over the last product from delivery company;

 

c) in case of providing a product consisting of more items or parts: on the day when You or third person denoted by You take over last item or part of product from delivery company.

d) and in case of points a), b) and c) You may exercise their right to desist between the day of contracting and the day of takeover.

 

Desistance declaration can be made in any form, oral or written.

 

If You want to exercise your right to desist, You must forward an obvious declaration about desistance to one of Business’s contact channels.

Zámbóné Varga Katalin Erzsébet ev.

Headquarters: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

Postal address: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

E-mail: mybettershelf@gmail.com

You may use declaration ensample to exercise right to desistance on the following link: Desistance declaration

 

or may copy its content from here:

Desistance declaration ensample

(Only fill in and send back if you have an intention to waive from contract.)

Addressee: Zámbóné Varga Katalin Erzsébet ev.

Postal address: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

E-mail: mybettershelf@gmail.com

 

…………………………. as undersigned I declare that I exercise my right to desist concerning the contract of sale and purchase of the following product(s):

Time of contracting/time of takeover:

Name of consumer:

Address of consumer:

Signature of consumer (exclusively in case of a written declaration):

 

Date:

You exercise your right to desist in time if You send a written desistance declaration or give an oral notice on the day of deadline. It is your responsibility to exercise your right to desist in an appropriate form and keep deadlines described here.

Opened packaging and usage of product related to diagnosing its character and functioning do not foreclose exercising the right to desist.

 

Legal effects of desistance

If You desist from contract, but Business refunds all counter-services accomplished by You within 14 days after arrival of your desistance declaration, including delivery costs (except for extra fees that have arisen because You have chosen a more expensive delivery option than Business usually offers at the lowest price). During refund, Business uses the same form of payment as in original transaction, except when You explicitly consent to using a different form of refund, and You do not have to bear any extra costs as a result. In case of sale and purchase contracts, Business may withhold refund as long as it has not received product, or You have not proven that they sent product back: the earlier date must be attended to.

 

You must return or hand over product without any unreasonable delay to Business, but within 14 days after the arrival of your desistance declaration. Deadline is met if You send product before the 14-day deadline is over. You bear the direct cost of returning product.

 

You can only be taken responsible for devaluation of product if usage has exceeded the level of reasonable use in order to diagnose the character and functioning of product.

 

You must organise and cover return of products in person, after having arranged an appointment with customer service.

 

Payoff follows after the acceptance of desistance and takeback of product, within 14 days after accepting desistance. In case of desistance, Business must refund the price of product and cost of carriage to You.

 

You may not exercise your right to desist if:

You may not exercise your right to desist based on Edict 45/2014 (II 26) §29 (1) in cases like:

 

  1. non-pre-manufactured products that has been produced based on your specific demands and requests, or has been explicitly customized to your needs,

  2. furthermore, in cases of purchasing sound and picture recordings in closed packaging, or a copy of computer software, if You have opened packaging after handover (before opening packaging, the right to desist may be exercised).

 

7.  Possibilities of making a complaint, conciliator forums

We are informing You about possibilities of making complaints and turning to a conciliator body by referring to relating regulations of general terms and conditions.

 

7.1. You may complain to Business in letter, on the phone and in e-mail about problems with Business’s service, member, employee or about attitude, activity or default related to distribution and sale of product to You and quality of product using the following channels:

  • Zámbóné Varga Katalin Erzsébet ev.

  • Headquarters: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

  • Postal address: H- 1144 Budapest, Tihany utca 42-44/A, 1/23.

  • E-mail: mybettershelf@gmail.com

Business examines oral complaints immediately, if necessary, acts at once. Should this not be possible, or You does not agree, and written complaints are replied to within thirty days in written form.

7.2. You (consumer) may ask for the proceedings of a conciliator body without any charge regarding the quality, safety of products, applying product responsibility rules, quality of service, furthermore, contracting between parties and accomplishment of contract.

 

If consumer does not have place of residence or commorancy in Hungary:

In international legal disputes between consumers and merchandisers related to online sale and purchase or service contracts, Budapesti Kereskedelmi és Iparkamara (Chamber of Commerce Budapest)and Budapesti Békéltető Testület (Conciliator Body Budapest)are entitled to act in Hungary. Channels to Budapesti Kereskedelmi és Iparkamara (Chamber of Commerce Budapest) and Budapesti Békéltető Testület(Conciliator Body Budapest) can be found at the site http://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 or can be read here:

 

  • Budapesti Békéltető Testület (Conciliator Body Budapest)

  • Address: H- 1016 Budapest, Krisztina krt. 99. III. em. 310.(1016 Budapest, Krisztina Bld. 99, 3rd floor 310)

  • Telephone: +36 1 488 2186

  • Fax: +36 1 488 2186

  • E-mail: bekelteto.testulet@bkik.hu

  • Website: http://bekeltet.hu
     

If Consumer has a place of residence or commorancy in Hungary, chamber of commerce and conciliator bodies operating in that county (or in the capital) are entitled to act. Contact information of these conciliator bodies can be found here: http://www.bekeltetes.hu/index.php?id=testuletek.

Business must co-operate in the proceedings of a conciliator body.

Consumer might ask for a different conciliator body than the ones indicated above.

Conciliator body entitled to act based on Business’s headquarters is Budapesti Békéltető Testület (Conciliator Body Budapest) as well.

Conciliator bodies operate independently beside county (or metropolitan) chambers of commerce. They are competent to deal with consumers’ legal disputes as described above out of court: they try to reach agreements, and if this is unsuccessful, make decisions in order to provide enforcement of consumer rights in an easy, effective and cost-saving way.

Conciliator bodies give advice to consumers and businesses about rights and obligations of consumers.​

7.3. If You live in the European Union, You may draw on the online device of the European Commission to sort out disputes regarding products and services bought on the internet.

 

Online device of the European Commission to sort out disputes

Website: https://webgate.ec.europa.eu/odr

 

The EU has created this internet-based platform for those consumers who want to make complaints about products or services bought online, and would like to ask a neutral third party (a conciliator body) to handle their complaints.

You can find further details about the online dispute management platform, its use and the way disputes are handled on a website accessible through the link above.

 

7.4. You may ask for the proceedings of a district bureau in the county town in their area of residence, as consumer protection authority, concerning complaints about quality of product, as well as complaints about attitude, activities or faults of Business (its members, employees), quality of service and application of regulations about responsibility. The website http://jarasinfo.gov.hu gives information about channels to competent district bureaus for each district.

You may also communicate their complaint to the authority for consumer protection in the district of Business’s headquarters:

7.5. Supervision concerning data management

 

You may exercise your opportunities to enforce their rights based on Law V of Civil Code from 2013 and regulations of GDPR at court, as well as turn to Nemzeti Adatvédelmi és Információszabadság Hatóság (National Authority for Data Protection and Freedom of Information):

  • Nemzeti Adatvédelmi és Információszabadság Hatóság

  • (National Authority for Data Protection and Freedom of Information)

  • Address: H- 125 Budapest, Szilágyi Erzsébet fasor 22/c. (1125 Budapest, Szilágyi Erzsébet Avenue 22/c)

  • Postal address: H- 1530 Budapest, Pf.: 5. (1530 Budapest, P.O. Box.: 5)

  • Telephone: +36 1 391 1400

  • Fax: +36 1 391 1410

  • E-mail: ugyfelszolgalat@naih.hu

  • Website: http://www.naih.hu/

 

If court procedure has been chosen – according to your choice – a lawsuit can be initiated at the court of justice in concerned party’s place of residence or commorancy, as consideration lies in the competence of court of justice.