terms & conditions

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

1. Operator of webshop

 

The webshop at https://www.mybettershelf.com/ internet address is operated 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.

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

  • Place of trade: H- 1144 Budapest, Egyenes utca 8/B, III/46.

 

(Business Provider hereafter).

 

Business Provider’s bank account data:

  • Name of bank: Erste Bank Hungary Zrt.

  • Cash flow indicator number: 11600006-00000000-81662724

  • IBAN: HU89 1160 0006 0000 0000 8166 2724

  • Swift code: GIBAHUHB

 

Its service providing has been registered at:

Commerce registration number: 4856 – Notary of Budapest XIV. District – as Commerce Authority (currently under registration)

 

Chamber registration number:

BU69069336 – Budapest Kereskedelmi és Iparkamara (Budapest Chamber of Commerce)

 

 

2. Customer service

 

Users may contact Service Provider’s customer service:

  • E-mail address: mybettershelf@gmail.com

  • Message: message sending option available under menu point ”CONTACT US” at website.

 

Service Provider answers e-mails and messages within two working days after arrival.

 

3. Hungarian legal restrictions

3.1. Website - defined by the internet address above - (website hereafter) operated by Service Provider, offers its services from Hungary. Consequently, Hungarian law applies to offering services, Service Provider and Users, precisely:

  • Law V from 2013 about Civil Code (CC hereafter) (Polgári Törvénykönyvről szóló 2013. évi V. törvény)

  • Law CLXIV  from 2005 about Commerce (a kereskedelemről szóló 2005. évi CLXIV.törvény),

  • Law CLV from 1997 about Consumer Protection (a fogyasztóvédelemről szóló 1997. évi CLV. törvény),

  • Government Order 45/2014 (II 26) about rules for contracts between customers and businesses (a fogyasztó és a vállalkozás közötti szerződések részletes szabályairól szóló 45/2014. (II. 26.) Korm. rendelet),

  • Law XLVIII from 2008 about basic conditions and certain limitations of commercial advertising activities (a gazdasági reklámtevékenység alapvető feltételeiről és egyes korlátairól szóló 2008. évi XLVIII. törvény),

  • Law CVIII from 2001 about electronical commercial services and services related to information technology society (az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggő szolgáltatások egyes kérdéseiről szóló 2001. évi CVIII. törvény).

 

3.2. Times and periods mentioned in present general conditions of contract and usage (terms and conditions or TC hereafer) are meant in CET.

3.3. Working days, holidays and special days are meant to be Hungarian working days, holidays and special days.

4. Scope and subjects of General Terms and Conditions

 

4.1. Present general terms and conditions relate to services available at website, use of website and trade of products available in webshop at website.

4.2. Parties of contract:

 

4.2.1. Service Provider defined above, as operator of website and seller of products.

4.2.2. User, as a person ordering products from webshop and visitor of webpages of website. Users can be any natural people with legal capacity, including natural people from abroad. Any legal persons, or businesses without legal status, including legal subjects from abroad, may be considered as customers, orderers according to present TC. Incapable or partly incapable subjects may contract with present contractual conditions according to regulations of CC (Ptk.).

4.3. Terms and conditions apply from placement on website till undefinite period.

4.4. Times and periods mentioned in conditions of contract are meant in CET.

5. General acknowledgements about electronical contracting between parties apart

 

5.1. User may get essential information about products available at website before issuing an order at pages of website that describe products.

5.2. Language of contracting is English. Present Terms and Conditions and acknowledgements at website are in English and Hungarian. In case of unlikenesses of interpretations as a result of linguistic differences, Hungarian texts are the standards.

5.3. Orders placed at website are legal declarations made in the form of indicator behaviour.

5.4. Service Provider has to reconfirm the arrival of order withour any delay in an electrical form. If reconfirmation does not arrive at User within 48 hours, User is freed from offer commitments.

5.5. A contract is not considered to be a written contract until Service Provier does not file it, and is later not available in a written format.

5.6. Service Provider has not undergone codes of conduct, so it is not available at Service Provider.

5.7. User is informed about actual delivery prices and delivery limitations if any, as well as about possible payment types. Moreover, they can reach these pieces of information at any time under ”ORDERING” at website.

5.8. User receives Terms and Conditions and documents necessary for rightful information in an e-mail reconfirming an order with an attached document. Content is actualized to when orders arrive. Furthermore, User may download Terms and Conditions and other pieces of information from the link ”

 

 

6. Registration

6.1. Registration is free.

6.2. Users may register by clicking on the menu point ”(to be added later)” and filling in the form there, accepting regulations of TC and marking declarations necessary for handling their personal information.

6.3. User must provide real information for a valid registration. If it is proven that User has given false information at regisrtration, Service Provider may delete registration. In latter case, Service Provider bears no responsibility whatsoever regarding possible consequences.

6.4. Service Provider can delete registration without bearing any responsibility, if User has been using website mala fide, or has violated present contractual conditions.

6.5. Deletion done by Service Provider does not affect orders fulfilled by both parties. In case Service Provider has not started fulfilling an accomplishment, may one-sidedly decide to accomplish or not, provided that the reason for deletion does not holds this up. If it does not fulfill an order, but User has already paid, Service Provider pays the money back to User. If User has caused damage to Service Provider through their behaviour – which was the reason of deletion, the latter has the right to withhold the sum for compensation from the refund.

6.6. User may initiate deletion of their registration in an e-mail sent to Service Provider, which Service Provider accomplishes without any delay, but in not more than 10 days.

6.7. Deletion of registration may become necessary based on any requests about data management issued by User in order to ban any kind of use of personal data. User can read about this in .

6.8. User’s above mentioned requests about deletion does not affect valid orders issued by User previously.

7. Defining purchase price

7.1. User may get informed about current product prices at the pages of website showing characteristics of products.

7.2. Purchase prices are shown next to selected products at website, which does not include VAT, as Service Provider is tax-exempt. Regulations valid in the country of sale might prescribe a different tax content.

7.3. Consumer prices are given in US dollars (USD).

7.4. Purchase prices do not include shipping charges.

7.5. Service Provider does not charge for packaging of products.

7.6. Prices indicated in reconfirmation of orders are gross consumer prices, just like any other costs, they include tax or any other possible costs.

​7.7. Service Provider reserves the right to change prices of products in webshop. Modification of prices does not affect prices of already ordered goods.

7.8. If there is a wrong price in webshop or in reconfirmation of order – especially concerning obviously wrong prices – Service Provider does not have to sell product at wrong price. Service Provider offers User to get product at the correct price. If User rejects purchasing the product, they may desist from their order.

 

 

8. Methods and steps of placing orders, contracting

 

8.1. Selecting products

 

8.1.1. User can get important information about products at specific pages of website.

8.1.2. User can place selected items into a virtual cart by clicking on the ”ADD TO CART” button on the data sheet of selected products.

8.1.3. In case User wants to order more than one item, they need to repeat the above described process.

8.1.4. If User has questions about products before placing an order, Customer Service of Service Provider is willing to help (contacts above, under ”Customer Service”). User’s Manual is attached to and posted with products sold by Service Provider – if regulations require. If User does not receive compulsory User’s Manual together with product, they must inform Customer’s Service before using product. Service Provider sends it additionally.

 

8.2. Placing and reconfirmation of orders, contracting

 

8.2.1. User may place orders online, in webshop the following way.

8.2.2. User does not need to register in order to place an order. User can look at contents of cart after selecting and putting products into cart by clicking on the icon of a shopping cart, then on the button “VIEW CART”.

8.2.3. At page showing contents of cart, User may modify the number of products by rewriting numbers shown there, or may remove items from cart by clicking on the button “Remove”.

8.2.4. The page showing contents of cart User can see aggregated consumer price of complete order andgross fees of shipping or other costs, so the complete sum User needs to pay.

8.2.5. Devices provided for identifying and correcting data input errors before sending contractual declaration:

 

8.2.5.1. Obvious errors occuring during input of data are notified by cautionary messages throughout the process of ordering.

8.2.5.2. Registered Users may modify their personal data related to order during the process of ordering. They can do this by clicking on the ”Edit profile” sign leading to Users’ personal profile page after entering website.

8.2.5.3. Contents of cart, data and parameters of order can be checked, modified or even deleted at any time until placing an order, at the pages indicated above, and based on foregoing points of present chapter of TC.

 

8.2.6. ​User may place a valid order after checking the above mentioned data of order and correcting possible errors occuring in data input, accepting present TC at the last page by marking related declaration, clicking onthe button ”Check out with PayPal”.

8.2.7. Service Provider reconfirms order in an automatic e-mail immediately after receiving it. This e-mail is sent to the address provided by User at registration or online order. Reconfirmation includes all the costs User must pay. If this reconfirmation does not arrive at User within 48 hours after placing an order, User is freed from commitments of offer. Reconfirmation is considered to be received by User if they have access to it (so it appears among incoming messages at their e-mail account). Contract regarding purchase of product is not created at this point, this reconfirmation is not regarded as acceptance of order yet.

8.2.8. Processing of orders takes place on working days and at weekends. User may place an order at any time. Orders are processed within 24hours after arrival.

In case an order arrives at Service Provider beyond this period, arrival at Service Provider is considered completed at the beginning of first processing period to follow. Arrival time of order to Service Provider is when payable sum arrives at Service Provider’s bank account.

​8.2.9. After starting to process orders – if order has been accepted – Service Provider informs User about the acceptance of order in an e-mail. Contract about the purchase of product is realized when contract about purchase arrives at User’s e-mail account.

8.2.10. Service Provider calls User’s attention to check contents of reconfirmation of arrival of order and reconfirmation of acceptance of order. If any contents of reconfirmation are different from contents of order, and User does not complain about these within 24 hours after receiving reconfirmation, or accomplishes payment after receiving reconfirmation, then contract is based on content of reconfirmation. In case Service Provider has been notified about reconfirmation of a different content, Service Provider examines notification and modifies order if necessary.

8.3. User’s request about deletion of their registration does not affect User’s valid orders placed previously.

8.4. If User requests deletion of their data necessary to fulfill their order, or protests against using them for such purposes, Service Provider requires a declaration about intention of desistance from ordering.

 

 

9. Follow-up correction of orders

9.1. If User would like to modify an already posted order, or has given incorrect data, they must notify Customs Service as soon as possible through one of the contact routes. It is important to lose no time in doing this, so that Service Provider may correct the order before accomplishment.

9.2. In case of correcting an order, Service Provider sends a new reconfirmation to User with a modified content, based on which a new contract is realized, when there has been an incorrect but previously accepted order.

 

 

10. Terms of payment

 

10.1. Possible forms of payment:

10.1.1. Pre-payment through online payment service:

 

Pre-payment by the choice of User during sending an order through an online payment service provider.

 

Online payment service is provided by PayPal Inc. By drawing on the service, User can pay by debit card or account kept at payment service provider.

 

Further details of online payment are included in the payment service contract conditions, which Users may get acquainted with before payment on the surface of payment service where they are directed at during ordering process.

 

10.2. Service Provider starts accomplishing order when total sum of ordered product(s) has arrived at Service Provider’s bank account.

 

​10.3. In case Service Provider cannot accomplish order because of reasons within its own circle of interest, it refunds the total price of product and delivery fee to User within 14 days after occurance of hindrance.

​10.4. User may get information about current forms ot payment under the menu point ”ORDERING” of website. This description is part of present Terms and Conditions.

 

 

11. Period of performance and conditions of delivery

 

​11.1. Deadline of performance and delivery

 

11.1.1. Service Provider delivers products ordered by the deadline mentioned in reconfirmation of accepting an order to the address given by User during the order.

11.1.2. Service Provider normally produces products based on orders, it does not keep a stock.

11.1.3. Production period can last up to 4 weeks, shipping takes place after that.

 

11.1.4. Expectable shipping time is 1 week.

 

11.1.5. If Service Provider cannot accomplish orders keeping the deadlines as described above, it informs User about performance hindrance immediately after its occurence.

 

11.2. Delivery Company:

 

11.2.1. Magyar Posta Zártkörűen Működő Részvénytársaság – MPL Futárszolgálat (Hungarian Post PLC)

  • Short name: Magyar Posta Zrt.

  • Corporate registration number: 01-10-042463

  • Tax number: 10901232-2-44

  • Headquarters: H- 1138 Budapest, Dunavirág utca 2-6. (1138 Budapest, Dunavirág str. 2-6.)

  • Postal address: H- 1540 Budapest 

  • Telephone: +36 1 767 8282 

  • Fax: +36 46 320 136

  • E-mail: ugyfelszolgalat@posta.hu

  • Website: https://posta.hu

delivery company hereafter.

Delivery Company delivers ordered products to User within 1 week after posting. Users may find more details about delivery under the menu point ”ORDERING” of website, and in the document ”MPL business package shipping service general terms and conditions (MPL üzleti csomag fuvarozási szolgáltatás általános szerződési feltételei” at the website of Magyar Posta Zrt.

 

11.2.2. GLS General Logistics Systems Hungary Csomag-Logisztikai Korlátolt Felelősségű Társaság

(GLS General Logistics Systems Hungary Package-logistics Delivery and Service Provider Ltd.)

  • Short name: GLS General Logistics Systems Hungary Kft.

  • Corporate registration number: 13-09-111755

  • Tax number: 12369410-2-44

  • Headquarters: H- 2351 Alsónémedi, GLS Európa u. 2. (2351 Alsónémedi, GLS Európa Str. 2)

  • Postal address: H- 2351 Alsónémedi, GLS Európa u. 2. (2351 Alsónémedi, GLS Európa Str. 2)

  • Telephone: +36 29 886 670

  • Fax: +36 29 886 610

  • E-mail: info@gls-hungary.com

  • Website: https://gls-group.eu/HU/hu/home,

 

delivery company hereafter.

 

Delivery Company delivers ordered products to User within 1 week after posting. Users may find more details about delivery under the menu point ”ORDERING” of website, and in the document “Általános üzleti feltételek” (“General conditions”) at the website of GLS General Logistics Systems Hungary Kft. (https://gls-group.eu/HU/hu/altalanos-uzleti-feltetelek).

 

 

11.2.3. UPS Magyarország Szállítmányozó Korlátolt Felelősségű Társaság (UPS Delivery Ltd.)

  • Short name: UPS Magyarország Kft.

  • Corporate registration number: 13-09-139285

  • Tax number: 22776082-2-13

  • Headquarters: H- 2220 Vecsés, Lőrinci út 154. Airport City Logistic (2220 Vecsés, Lőrinci Road 154. Airport City Logistic)

  • Postal address: H- 2220 Vecsés, Lőrinci út 154. Airport City Logistic (2220 Vecsés, Lőrinci Road 154, Airport City Logistic)

  • Telephone: +36 1 877 0000

  • Fax: +36 29 886 610

  • E-mail: upssaleshun@ups.com

  • Website: https://www.ups.com/hu/en/Home.page,

 

delivery company hereafter.

 

Delivery Company delivers ordered products to User within 1 week after posting. Users may find more details about delivery under the menu point ”ORDERING” of website, and in the document “UPS Általános üzleti feltételek” (“UPS General conditions”) at the website of UPS Magyarország Kft. (https://www.ups.com/hu/en/help-center/legal-terms-conditions/tariff.page?).

 

11.2.4. TNT Express Hungary Kft. (TNT Express Hungary Ltd.)

  • Corporate registration number: 01-09-068137

  • Tax number: 10376166-2-44

  • Headquarters: H- 1185 Budapest II. Logisztikai központ – Irodaépület (1185 Budapest Logistics Centre II - Office Building)

  • Postal address: H- 1185 Budapest II. Logisztikai központ – Irodaépület (1185 Budapest Logistics Centre II - Office Building)

  • Telephone: +36 1 432 7117

  • Fax: -

  • E-mail: huheadoffice@tnt.com

  • Website: https://www.tnt.com/express/hu_hu/site/company.htm,

 

delivery company hereafter.

 

Delivery Company delivers ordered products to User within 1 week after posting. Users may find more details about delivery under the menu point ”ORDERING” of website, and in the document “Általános üzleti feltételek” (“General conditions”) at the website of TNT Express Hungary Kft. (https://www.tnt.com/express/hu_hu/site/terms-conditions.html).

 

11.3. Shipping costs

 

​11.3.1. User can get information about cost of carriage – gross amount of cost of delivery – during the process of sending an order, or can get informed about it under the menu point “ORDERING” at website. The content of this menu point is an integral part of present conditions.

 

11.4. Receiving products

 

​11.4.1. If User does not receive ordered productsat the time of delivery,and there is no reason for that – including when User is not available in spite of Delivery Company’s multiple attempts, and delivery does become impossible -, Service Provider may sell ordered product to a third party. In such a case, if Service Provider gets product back and User has already paid for it, Service Provider refunds purchase price – after deducting transaction fees. Cost of carriage is not included in purchase price, so in cases like this – which is not considered as exercising the right to desist – is not refunded.

11.4.2. User checks the amount and intactness of products ordered onthe spot of delivery, together with the necessary documents (invoice, User’s Manual of Use and Handling, warrant letter for warranted products), and informs courier about possible damage, deficiency or other differences from order. If User notices any damage or difference on products at delivery, Delivery Company must hand over products one by one, and register differences and damages on products on the spot. For damages caused during delivery, Delivery Company takes responsibility, however, if no specific person can be identified as responsible, it is Service Provider that is liable for damages or differences until the time of handing over products to User. If User does not check products at delivery, their right to warranty does not change nor does the right to desistance without any explanation, they can practise them as described in Point 12.

11.4.3 Damage of product

 

In case product arrives at User damaged, User can choose from the following options:

1. May exercise their right to desist.

2. May ask for compensation. This is possible if User has a minute taken by delivery company employee about damaged product, and hands it over to Service Provider to put in a claim for damages related to delivery company.

Service Provider covers product with special, high safety packaging, so damages present at time of handover may be results of reasons unrelated to Service Provider, or reasons of events happening to party accomplishing delivery. A minute should be taken at the time of handover, or if this is not possible, at the local office of delivery company, within 10 days the most after receiving product.

Refunding the value of product and delivery depends on compensation assessment done by delivery company.

3. Supplementary components may be follow-up ordered at discount price without reference to the outcome of assessment of claim for damages. This regulation concerns cases falling outside the scope of the right of warrandice and compulsory warranty.

 

​11.4.4. Service Provider only provides personal handover of products for customers living in Hungary, in/at a pre-arranged place and time.

12. Incorrect performance, warranty, warrandice, right to desistance/denouncing

12.1. Incorrect performance

 

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

12.1.2. Service Provider does not perform incorrectly if User knew about the fault at the time of contracting, or must have known about the fault at the time of contracting.

12.1.3. In case of purchase done by Users considered as Consumers, it must presumed that faults discovered by User 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 Service Provider to prove its case.

12.2. Accessory warranty

 

12.2.1. User may initiate a demand of accessory warranty against Service Provider, if latter performs inappropriately, based on the regulations of Civil Code.

12.2.2. User – based on their choice – may want to realize the following accessory warranties:

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

12.2.3. User may change from the right to accessory warranty to another, however, the cost of this must be paid by User, except if it was necessary, or Service Provider has given a reason for it.

12.2.4. User 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, Service Provider draws User’s attention to the fact that User may not exercise their right to accessory warranty after two years of fulfilling contract. In case of second-hand products, this deadline is one year.

12.2.5. When User considered as Consumer makes a purchase, they can realize their demands related to accessory warranty, and it has no other condition than communicating the fault, if User proves that product or service has been provided by Service Provider. However, six months after accomplishment, User must prove that fault was already existent at the time of delivery.

 

12.3. Product warranty

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

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

12.3.3. 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.

12.3.4. User may exercise their demand for product warranty within two years after producer marketed the product. After this deadline, they lose this right.

12.3.5. User can exercise their product warranty right against producer or distributor of chattels. If User wants to exercise their demand for product warranty, it is their responsibility to prove fault of product.

12.3.6. Producer or Service Provider 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 Service Provider is enough.

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

 

12.4. Compulsory warranty

12.4.1. Service Provider has to provide compulsory warranty on certain products to User considered as consumer in case of faulty accomplishment, according to 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.

12.4.2.  Concerning new non-wasting products regulated by Edict151/2003 (22nd IX), Service Provider must enclose a warranty letter. Warranty period is one year after the day User takes over product. If product belongs to new non-wasting products falling under the effect of Edict 151/2003 (22nd IX), and if it fails during the one year of compulsory warranty, User may make the same demands against Service Provider as in the case of accessory warranty. Thus, they have the chance to ask for repair, exchange or discount – in the order decribed above under ”Accessory warranty”, or desist from contract.

 

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

 

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

 

12.4.5.  In case of lack of explicit written recognizance, Service Provider does not guarantee that product can be used for any specific goals required by User. Service Provider has the right to have any fault reported in relation to purchased products investigated by a specialist service. Should the case occur that fault can be traced back to improper use, repair costs must be piad by User. Service Provider does not have warranty obligation if unauthorized parties have done the following: take apart product, undo or open its covering or change structural arrangement of product. Furthermore, Service Provider does not have warranty obligation concerning faults as result of the following cases:

- improper installation,

- improper use,

- improper startup,

- missing out on prescribed maintenance,

- damage.

12.4.6  If product ordered at website falls into the category of new non-wasting product based on Edict 151/2003 (22nd IX) (151/2003 (IX. 22.) Kormányrendelet), Service Provider encloses a warrant letter. 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). Warranty obligation does not apply to products not included in this list.

12.4.7  User may not exercise accessory warranty and warranty demand, or warrandice and warranty demand at the same time because of the same fault. However, User may exercise their warranty rights without regard to accessory warranty and warrandice rights.

12.5. Right to desist

12.5.1. Majority of products distributed by Service Provider is unique and is created based on User’s requirements according to orders placed. In case of products created along User’s specific guidelines and requests, or customized products, User may not exercise their right to desist.

12.5.2. In any other cases, User considered as consumer may exercise their right to desist within 14 days without any explanation concerning this contract.

12.5.3. ​Deadline for desistance

 

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

 

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

 

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

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

12.5.4. If User wants to exercise their right to desist, they must forward an obvious declaration about desistance to one of Service Provider’s contact channels. Desistance declaration can be made in any form, oral or written.

User 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:

 

User exercises their right to desist in time if they send a written desistance declaration or gives an oral notice on the day of deadline. It is User’s responsibility to exercise their right to desist in an appropriate form and keep deadlines described here.

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

 

12.5.6. Returning products must be organised and covered by User and can be done in person, after having arranged an appointment with customer service.

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

12.5.8. User may not exercise their right to desist in cases like:

- in case of non-pre-manufactured products that has been produced based on User’s specific demands and requests, or has been explicitely customized to User’s needs,

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

 

12.6. Legal effects of desistance

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

12.6.2. User must return or hand over product without any unreasonable delay to Service Provider, but within 14 days after the arrival of their desistance declaration. Deadline is met if they send product before the 14-day deadline is over. User bears the direct cost of returning product.

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

13. Forum regulations and fundamental principles of moderation

13.1. User may comment on blog articles appearing at website (forum hereafter). Commenting does not require registration.

 

13.2. User may release their comments by using a Facebook module. Comments appear at social media site together with the indication of their profiles, so User becomes identifiable for visitors of website.

 

13.3. However, this is User’s responsibility, Service Provider cannot be taken responsible for consequences resulting from it.

 

13.4. You can read further regulations and rules about this at Facebook social media site (under links ”Adatvédelem” (”Privacy Policy”) és ”Feltételek” (”Conditions”)).

 

13.5. User must not reveal their comments in the name of any other person or juridical person, moreover, these comments must not be illegal, or violating anyone’s rights or interests (including intellectual ownership rights), or must not be abusive contents for children. Comments must not contain personal data of third parties, except if provable consent from them exists.

 

13.6. It is not allowed to use forum for political or commercial purposes.

 

13.7. It is forbidden to release comments that contain harmful contents, e.g. viruses or other harmful codes.

 

13.8. By consenting to their comments to be released, User disclaims the right to have financial or any other demands later, based on their comments.

 

13.9. Service Provider does not moderate commets previously, User is responsible for releasing contents. At the same time, Service Provider may remove comments afterwards without any explanation, especially if they violate anyone’s rights, interests, common weal, or contains obscene wording.

 

13.10. User may also have disposal of releasing their comments, according Facebook regulations. Furthermore, they can ask for their comments to be removed or hidden from website by Data Manager. However, Data Manager does not have ownership rights and influence over comments released by Facebook at any other places, or over copies of comments archived.

 

13.11. In case User realizes any abusive contents among comments, they may inform Service Provier about them in a message or e-mail (”CONTACT US” or ”e-mail us”).

13.12. Disabling. Service Provider can disable Users from its forum if they violate the above regulations

14. Excluding responsibility

14.1. Service Provider is not bound by contracting commitment grounded in law. It makes decisions freely about accepting or refusingUsers’ orders and registration. Service Provider does not take responsibility for any damage arising from these.

14.2. Service Provider does not guarantee that User can use products for any intended goals. Guidelines given in description of products and user’s manuals are normative. However, Service Provider cannot be taken responsible for deviances resulting from concrete circumstances of usage.

​14.3. Service Provider does not take any responsibility for direct and indirect damages that are the results of malicious use of website or inaccessibility of internet service provider. Service Provider cannot be held responsible for technical disturbances, for example power or computer network failure. Considering the fact that the internet is an open, unsafe network, Service Provider is not liable for damages caused by consummation, delayed arrival or other faults of messages and orders that have been forwarded in an electronic form.

14.4. Service Provider may abolish the possibility to use website at any time without any explanation for certain – registered – Users, or for all Users by finishing the operation of website. In such cases it fulfills valid and accepted orders and other requests of Users, however, is not liable for other possible consequences.

14.5. Images of products and services may differ from reality, in some cases they are illustrations. Service Provider is not liable for possible previously unannounced changes in technical manuals because of uninvolved reasons made necessary for example by producer or supplier.

14.6. If User has provided data of order erroneously and/or unprecisely, Service Provider is not liable for delays or other problems, faults and damages as result of these.

14.7. Contents downloaded by following external references on website are not influenced by Service Provider. Based on authorized party’s request, Service Provider deletes or modifies link. Service Provider does not take any responsibility for contents appearing after using such linksor downloading contents.

15. Other regulations

15.1. Service Provider’s previous consent is necessary for return of products – not falling under the case of right to desist. Return is paid by User and they run the risk.

 

​15.2. Service Provider reserves the right concerning legal protection related to contents found at website and regulations about usingwebsite, enforcement and change of regulations in case of Users who have not registered or ordered anything but are browsing website. Rules and declaration about this can be found continually at website in Legal Notice, in present TC and further informative documents.

 

16. Data management, data protection

 

Information about Service Provider’s data management activities can be found in Privacy Policy and Cookie Policy.

 

17. Modifying contractual conditions

 

17.1. Service Provider reserves the right to modify contractual conditions one-sidedly without anyprior notice and notification.

17.2. Final contractual conditions – that create the contract – attached to reconfirmation apply to contracts related to each order.

18. Normative law, legal disputes

18.1. Contractual partners declare that they act based on the requirements of good-will and fairness in co-operation while exercising their rights and fulfilling their requirements sequent to present contractual conditions

 

18.2. Contractual partners mutually co-operate in order to settle possible affairs out of courtin the shortest time and cheapest way possible. If this is not effective, contractual partners restraint jurisdiction of Szentendrei Járásbíróság (County Court Szentendre) and Budapest Környéki Törvényszék (Court of Justice Budapest Home Counties) to settle matters at court.

18.3. In questions not settled in present contract these Hungarian laws and regulations are normative:

  • Law V from 2013 about Civil Code (CC hereafter) (Polgári Törvénykönyvről szóló 2013. évi V. törvény),

  • Law CLXIV from 2005 about Commerce (a kereskedelemről szóló 2005. évi CLXIV.törvény),

  • Law CLV from 1997 about Consumer Protection (a fogyasztóvédelemről szóló 1997. évi CLV. törvény),

  • Government Order 45/2014 (II 26) about rules for contracts between customers and businesses (a fogyasztó és a vállalkozás közötti szerződések részletes szabályairól szóló 45/2014. (II. 26.) Korm. rendelet),

  • Law XLVIII from 2008 about basic conditions and certain limitations of commercial advertising activities (a gazdasági reklámtevékenység alapvető feltételeiről és egyes korlátairól szóló 2008. évi XLVIII. törvény),

  • Law CVIII from 2001 about electronical commercial services and services related to information technology society society (az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggő szolgáltatások egyes kérdéseiről szóló 2001. évi CVIII. törvény).

 

19. Complaint, prosecution of law, supervision of Service Provider

 

19.1. Complaint

 

19.1.1. User may complain to Service Provider in letter, on the phone and in e-mail about problems with Service Provider’s service, member, employee or about attitude, activity or default related to distribution and sale of productto User 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 address: mybettershelf@gmail.com

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

19.1.2. Possibility of turning to a conciliator body

 

User (consumer) may ask for the proceedings of a conciliator body without any charge regarding the quality, safetyof 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 Tesület (Conciliator Body Budapest) are entitled to act in Hungary. Channels to Budapesti Kereskedelmi és Iparkamara (Chamber of Commerce Budapest) and Budapesti Békéltető Tesület (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:

Budapest Békéltető Tesület (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.

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

Conciliator body entitled to act based on Service Provider’s headquarters is Budapest Békéltető Tesület (Conciliator Body Budapest).

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

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.

 

19.1.3. If User lives in the European Union, they may draw onthe 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.

19.1.4. User may ask for the proceedings of a district bureau in the county town in their area of residence, as consumer protection authority, concerningcomplaints about quality of product, as well as complaints about attitude, activities or faults of Service Provider (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.

User may also communicate their complaint to the authority for consumer protection in the district of Service Provider’s headquarters:

 

Budapest Főváros Kormányhivatala Fogyasztóvédelmi Főosztály Fogyasztóvédelmi Osztály

 (Bureau of the Capital of Budapest, Major Department of Consumer Protection Department of Consumer Protection)

Address: H- 1051 Budapest, Sas u. 19. III. em. (1051 Budapest, Sas Str. 19, 3rd floor)
Postal address:  1051 Budapest, Sas u. 19. III. em. (1051 Budapest, Sas Str. 19, 3rd floor)
Telephone: +36 1 450 2598
Fax: -
E-mail: fogyved_kmf_budapest@bfkh.gov.hu
Website: http://www.kormanyhivatal.hu/hu/budapest/szervezeti-egyseg/fogyasztovedelmi-foosztaly-2017

19.2. Supervision

19.2.1. Registration number of activity registered by commerce authoriy and name of authority:

………………….

Channels to authority:

………………….Város Jegyzője (Notary of ………………..)

Address:

Postal address:

Telephone:

E-mail:

Website:

 

19.2.2. User may exercise their 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 theNational Authority for Data Protection and Freedom of Information:

Nemzeti Adatvédelmi és Információszabadság Hatóság

(National Authority for Data Protection and Freedom of Information)

Address: H- 1125 Budapest, Szilágyi Erzsébet fasor 22/c. (1125 Budapest, Szilágyi Erzsébet Avenue 22/c)
Postal address: 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 concerned User’s 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.