GENERAL TERMS AND CONDITIONS
Current General Terms and Conditions (hereinafter the GTC), contains the rights and obligations of the Gatamo-International Limited Co. (hereinafter the Service Provider), and of the Customer (hereinafter the Customer) using the electronic commercial services provided by Service Provider through the website www.gatamo.com (hereinafter referred to collectively as Parties). The GTC shall apply to all transactions and services implemented through the website www.gatamo.com, regardless of the fact that the execution takes place from Hungary or from abroad, by the Service Provider or its contributor.
DATA OF THE SERVICE PROVIDER:
Name: Gatamo-International Kft.
Headquarters: 1/5 16 Alkotmány Street, 1054 Budapest
Correspondence: 1/5 16 Alkotmány Street, 1054 Budapest
Customer service: See Point 1.5 for further information
Phone number: +3630 7373 087
E-mail address: [email protected]
Company registration number: 01-09-303803
Issuing Court of Company Registration: Tribunal of Budapest Region, Court of Company Registration
Tax number: 26135896-2-41
- EFFECT, GENERAL INFORMATION
1.1. Effect of current GTC shall be applicable to all electronical commercial service provided, which takes place via the www.gatamo.com website (hereinafter as: www.gatamo.com online webshop). Current GTC shall also be applicable to all commercial transactions taking place electronically between the Parties specified in current GTC.
1.3. Purchase in the www.gatamo.com online webshop is possible by ordering electronically, as specified in current GTC.
1.4. The order can be modified or cancelled freely and without any legal consequences until it is confirmed by e-mail. The order can only be modify in an email, sent to the email address specified in Point 1.5.
1.5. Customer Service: Gatamo-International Kft.
Location of Customer Service office: 1/5 16 Alkotmány Street, 1054 Budapest
At the location of the Customer Service it is not possible to welcome customers in person. Customer can only contact the Customer Service in email or via the telephone.
Service is provided in Hungarian or English language.
Customer Service over the phone can be contacted:
Opening hours of the Customer Service:
Business days: Monday – Thursday 8:00 am – 5:00 pm
Friday: 8:00 am – 4:00 pm
Telephone: +3630 7373 087
Site address: www.gatamo.com
E-mail: [email protected]
1.6 The shipping and invoicing addresses specified by the Customer can only be within the territory of the countries offered in the system.
2.1. Registration can be completed under the Registration menu on the Home page, by filling in the data form. Registration is implemented separately for end users and for companies. On the data form, a true email address as the username and a password shall be given. Registration becomes valid and final, once the link, sent by the Provider to the given email address is clicked. Servicce Provider shall reserve the right to qualify certain companies as resellers, thereby allowing purchases at reduced prices. Reseller qualification is always the result of an individual judgement. Customer is informed about the result of such qualification process in an email.
2.2. Service Provider shall not be held responsible for delays in delivery, or damages that are a result of the Customer’s failure to provide correct and/or accurate data. The Service Provider shall not be responsible either for any damages arising if the Customer forgets his/her password or if the password becomes available to any unauthorized person for any reason not attributable to the Service Provider. Service Provider shall handle each registration as an individual. To change the previously registered data, after clicking the link of Personal settings, the data can be changed under the menu Modifying personal data, which can also affect the data of the active orders. Customer shall immediately inform Customer Service about any change of data in active orders by sending an e-mail to the e-mail address specified in Point 1.5. The Service Provider shall not be liable for any damages or delays resulting from the change of the registered data by the Customer.
2.3 The Service Provider informs the Customer by e-mail about the successful registration, in which the Customer can review the information he/she entered during the registration, in the form of a summary. Registration is for unlimited period.
2.4 Registration and purchase are possible both for individuals and companies. In case of company registration, the valid tax number shall be provided.
- DELETING REGISTRATION
3.1. Customer has the right to delete his/her registration any time by clicking on the “Delete registration” button after entering the www.gatamo.com online webshop, after which the Service Provider must immediately provide for the cancellation of the registration. Customer’s user data shall be removed from the system immediately after deletion; this does not, however, affect keeping the documents and data recorded in orders already placed. Once removed, the data can no longer be restored.
3.2. Confidentiality of the access data of the User (and especially of the password) is the sole responsibility of the Customer. If the Customer becomes aware of the fact that an unauthorized third party could access to the password provided during registration, he/she shall immediately change the password; and if he/she assumes that the third party is abusing the password in any way, he/she is obliged to notify the Service Provider at the same time.
3.3. The Customer undertakes to update the personal information provided during the registration process, in order to make them up-to-date, complete and true.
- ORDERING PROCESS, RULES OF ELECTRONIC CONTRACTS
4.1. Main characteristics, features, instructions on the use of the product to be purchased are described on the product information page of the actual product. If the product has more favorable, more advantageous features than the information provided on the Website or in the Instructions for Use, that shall represent contractual fulfilment by the Service Provider.
If Customer would like to get more information about the quality, basic characteristics, use and usability of any product on the Website, he/she has the right to contact Customer Service at any of the contacts listed in Point 1.5.
4.2. The purchase price of a product is always the amount shown next to the selected product, and – unless indicated separately – it includes the value added tax. The purchase price of the product(s) does not include delivery cost. In case of Hungarian Customer, the amount payable is indicated in Hungarian Forints (HUF), in case of foreign Customer, in Euros (EUR). The Service Provider reserves the right to change the prices of product(s) available at the Webshop under the condition that the change becomes effective at the same time as its publication on the Website. The change shall not affect the purchase price of the already ordered product(s). In the event of online payment by a bank card, if price reduction takes place during the period between sending of an electronic payment note and the receipt of the product, the Service Provider shall not be obliged to reimburse any amount to the Customer. The online payment transaction security check takes a minimum of 24 hours, and the product can only be shipped afterwards.
4.3. If despite all the careful actions of the Service Provider an incorrect price occurs on the website, the Service Provider is not obliged to deliver the product at the incorrect price. In contrary, the Service Provider may offer the correct price for the product and its delivery and in view of the offer the Customer may withdraw from his /her purchase intention.
Incorrect purchase price shall be especially, but not exclusively:
– an obviously clear error, unrealistic purchase price, which significantly differs from the known, generally accepted or estimated price;
– a possible system error, indicating “0” HUF (EUR) or “1” HUF (EUR) price;
– other price, representing remarkably erroneous value for the price.
Service Provider excludes any liability for data input errors or false/incorrect prices indicated.
4.5. The Customer can correct data input failures in any phase of placing the order on the interface available at the webshop, not later than on submitting the order for the Service Provider by the Customer. Shipping address can be modified by clicking on the text “Modify address’, under the point ‘Finalize order’ product(s) can be deleted from the shopping cart by clicking on the ‘Delete’ button; also, the quantity of the products to be ordered can be modified in the ‘Quantity’ column, by clicking on the text ‘Change quantity’.
4.6. The contract – in Hungarian or in English language – made between the Parties upon purchasing the product(s) shall be classified as a written contract, archived electronically by the Service Provider, and kept for 5 years from its date, and is accessible.
4.7. Service Provider shall not undertake itself to provisions of any Code of Conduct.
4.8. The contract can be done in Hungarian or in English language. In case of different understanding of the contract or the contents of the GTC, or in case of any disputes, the Hungarian version shall prevail. Current GTC is available in English language on the English version of the Website, in Hungarian language on the Hungarian version of the Website.
- OFFER COMMITMENT, CONFIRMATION
5.1. By clicking the “Submit order” button, the Customer binds himself/herself to the offer to pay for the product(s) in the Shopping Cart, and by checking the checkbox, he/she accepts and expresses his/her consent to be bound by current GTC. Arrival of the offer, order from the Customer to the Service Provider shall represent offer commitment on the side of the Customer.
5.2. The Customer’s submission of the order does not represent the conclusion of a contract between the Service Provider and the Customer. After receiving the order submitted by the Customer the Service Provider shall confirm the reception of the order to the Customer without delay by automatic confirmation email, latest within 48 hours, which includes the data given by the Customer during the ordering process (e.g. billing and shipping data, etc.), order ID, date of order, list of elements concerning the product(s), quantity, price of product(s), delivery cost, the total amount to be paid. This confirmation email only informs the Customer that his/her order has been received by the Service Provider. The Customer shall check the contents of this confirmation email, review in details its attachments, the links in it, and check if the data and information provided are correct. Any problem, shipping or other extra cost and delay arising from data and information provided incorrectly or not in sufficient details shall be borne by the Customer. Confirming the arrival of the order as specified in current point shall not represent that the offer of the Customer has been accepted. Service Provider has the right to reject it, in case previous invoices or bills of the Customer are still outstanding, or if, according to the consideration of the Service Provider, settling of the invoice until the due day is uncertain because of other reasons.
5.3. The contract can only be considered as concluded, when Service Provider declares the approval of the order, which is confirmed in a separate email to Customer.
5.4. The Customer shall be exempt from offer commitment, if he/she does not receive the particularconfirmation email concerning the order sent by the Customer from the Service Provider within 48 hours the latest.
5.5. If Customer had already sent the order to Service Provider and notices a mistake in the data contained in the confirmation email, he/she shall immediately, but the latest within 24 hours inform Service Provider about such mistake, by sending an email to the email address specified under Point 1.5.
- DELIVERY AND PAYMENT TERMS
6.1. Service Provider will arrange the delivery of the ordered product(s) requested to be delivered to Customer’s address for certain shipping cost and by utilising the service of a delivery service company. In case several orders are received from the same Customer, it is not possible to ship them together in one delivery.
6.2. The Customer can read about the payment methods provided by the Service Provider and the shipping fees and deadlines on the “Shipping and Payment Information” page. Shipping fees and deadlines are for information only, the planned delivery date and the shipping fee are always detailed in the order confirmation. Customer shall check the integrity of the parcel in front of the courier, and in case of damaged parcel, notes shall be made of the damage.
6.3. Customer can pay the purchase price and shipping fee of the ordered product(s) online by credit card payment through the payment system of Barion Payment Zrt. Barion is an electronic payment service, providing a convenient and secure method of payment by bank card or by a prepaid balance, on the Website. Barion’s General Terms and Conditions can be read on the https://www.barion.com/en/vasarlok/arak-vasarloknak/website; the contents are fully known and accepted by the Customer.
6.4. In addition to the payment method specified under Point 6.3, the Service Provider may unilaterally have the right to provide for certain resellers – not classified as consumers – as Customers, the payment method of advance bank transfer. In this case, the total amount of the invoice shall be transferred by the Customer to the name and account number contained in the invoice, within the payment deadline set out. In the Comment box the name of the Customer and the ID of the order has to be provided. The Service Provider must notify the Customer in email once the purchase price and delivery fee of the product(s) were fully credited to the Service Provider’s bank account, and then Service Provider shall forward the product(s) to Customer.
6.5. The Service Provider shall issue the invoice about the product(s) ordered and the shipping fee, and forward it in electronic form to the Customer, to the email address provided by Customer, and the attachment to the email confirming the accepted order as specified under Point 5.3. The invoice contains the amount that the Customer paid in compliance with Point 6.3 on the online bank payment, and in case of payment according to Point 6.4 above, the amount that the Customer is obliged to transfer within the payment deadline specified in the invoice.
- CUSTOMER’S (CLASSIFIED AS CONSUMER) RIGHT TO WITHDRAWAL
7.1. In case the Customer is qualified as a consumer – in the light of § 20 of the Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between the consumer and the business, with regards to the products ordered and purchased through www.gatamo.com online webshop and in accordance with current GTC, Consumer has the right to withdraw.
According to Civil Code § 8:1. Point 3, a Consumer is a natural person acting for purposes outside the scope of his/her economic activities and profession (‘Consumer’).
In the case of contract for the purchase of the product the Customer classified as consumer has the right to withdraw, without giving any reason, within fourteen (14) calendar days of the date of receipt of
- the product,
- the product delivered last in the case of delivery of more products,
- the item or piece delivered last in the case of the delivery of a product consisting of several lots or pieces,
- the first service, in case the product is to be regularly supplied within a specified period,
by the Consumer or by a third party designated by the Consumer, not being the carrier.
Customer classified as consumer has the right to exercise his/her right of withdrawal during the period from the day of the conclusion of the contract to the day of the receipt of the product.
The Consumer will not benefit from the right of withdrawal in cases specified in Government Decree no.45/2014. (II. 26.) Points c), d) and e), i.e.
– in the case of non-pre-manufactured products produced based on the Consumer’s instructions or explicit request or for a product clearly designated for the Consumer;
– in the case of perishable or product with short shelf-life;
– in the case of a sealed product, which can not be returned after opening, due to sanitary or hygienic reasons.
- EXERCISING THE RIGHT OF WITHDRAWAL
8.1. To exercise the right of withdrawal, the Consumer shall inform the Service Provider of his/her decision to withdraw (by post or electronic mail sent to the Customer Service of the Service Provider) in the form of a clear statement, using the contact details listed in Point 1.5 of current GTC. Notice of withdrawal template in Annex 1 to the GTC can be used by Consumer for this purpose. Consumer exercises his/her right of withdrawal complying with the time limit if he/she sends his/her notice of withdrawal to the Service Provider before the expiry of the time limit mentioned above.
8.2. It is the duty of the Consumer to justify that he had exercised his/her right of withdrawal according to the provisions set out in Point 8.
8.3. Both in case of postal letter or electronic letter, Service Provider shall confirm in email the arrival of the withdrawal statement by Consumer.
8.4. The withdrawal shall be deemed enforced complying with the deadline, if the Consumer sends his/her notice to this effect within 14 (fourteen) calendar days (even on the 14th calendar day).
8.5. in case of sending the letter over the post, the date as postmark, in case of notice by electronic mail the date of sending of electronic mail is taken into account by the Service Provider for the purpose of the deadline calculation. The Customer, who is classified as a Consumer, shall post the letter with the withdrawal statement as a recorded letter, in order to credibly prove the date of dispatch.
8.6. The Customer, classified as Consumer, in case of withdrawal shall return the ordered product to the Service Provider immediately, but latest within 14 (fourteen) days from the date of notification of its withdrawal notice to the following address:
154 Lőrinci Road, HU-2220 Vecsés Airmax Cargo Airport Logisztikai Park (Logistics Park)
Product can be returned with courier service, over the post, delivery service company or in person. In case of returning with delivery service or in person, the Customer, qualified as Consumer, should inform the Customer Service about the planned date of return at least 2 days before the date of return. Returning should take place no later than 14 days after having informed the Service Provider about the decision to withdraw.
8.7. It shall be deemed to have complied with the deadline specified, if the Consumer sends (over the posts or hands it to the courier ordered by him/her), or takes the product in person to the aforementioned address before the expiry of the deadline of 14 days.
8.8. The cost of returning the product(s) to the address of the Service Provider shall be borne by the Consumer, unless the Service Provider took over such cost. If the Consumer requests, the Service Provider arranges for the return of the product, however, the cost of returning organised by the Service Provider is borne by the Consumer, and in this case the Service Provider does not take over the cost of returning it from the Consumer, but solely provides support to the Customer, so that he/she does not have to deal with organising such return. Such request of Consumer should be indicated at the Customer Service of the Service Provider in written, in advance, by sending an email to the email address set out under Point 1.5.
8.9. The Service Provider can not take over the package returned with cash on delivery option. Consumer shall not be responsible for other costs than the cost of the return of product(s) related to the withdrawal.
8.10. If the Consumer cancels the contract, the Service Provider reimburses all payments of Consumer without delay but latest within 14 days of receipt of the Consumer’s withdrawal notice, including the cost of transport (that is the delivery), except for the extra costs incurring due to the Consumer choosing a method of transport other than the cheapest mode of transport offered by the Service Provider. The Service Provider is entitled to withhold the reimbursement until he receives the product back, or the Consumer has supplied evidence of having sent back the product: whichever is the earliest.
8.11. The Service Provider will carry out such reimbursement using the same means of payment as the Consumer used for the ordering process, unless the Consumer have expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of the reimbursement.
8.12. Should the Customer, who is classified as a consumer cancels the contract regarding the purchase of the product with an unilateral declaration, but the level of the use of the product concerned by the withdrawal was in excess of the use required to establish its nature, properties or operation, he/she is liable for the depreciation in the product. Service Provider has the right to validate the amount reduced in proportion to the depreciation when reimbursing the purchase price of the product concerned by the withdrawal, i.e. he can deduce this amount from the reimbursed purchase price. The amount of depreciation is determined on the basis of the type, value (purchase price) of the product concerned by the withdrawal and the degree of wear/tear resulting from the above use.
8.13. If the Consumer exercises his/her right of termination in the case of a service contract after the commencement of the performance, he/she shall be obliged to reimburse the reasonable costs of the Service Provider.
9.1. Statutory guarantee
9.1.1. The Service Provider, according to the provisions of the Government Decree oncertain consumer durables’ statutory guarantee no. 151/2003 (IX. 22.) which means that during the guarantee period he shall be exempt from such responsibility, if he can prove that the defect occurred after the date of performance.
9.1.2. The guarantee period (guarantee deadline) shall start upon the actual performance, i.e. with the delivery of product to the Customer, or if the installation of the product is carried out by the Service Provider or its assigned party, with the date of installing.
Consumer durables are specified in compliance with the list of Government Decree no. 151/2003 (IX.22.) in the Annex, for which the legislation specifies the period of one year of statutory guarantee. The scope (subject) of the decree applies only to products sold under a new consumer contract concluded in Hungary and only to products listed in the Annex to the Government Decree.
The Service Provider shall not have guarantee obligation if the defect of product or the reason of the defect arose after the delivery of the product to the Customer, such as, for example, if the defect was caused by
- incorrect installation (except if the Service Provider or the Service Provider’s agent installed the product or the incorrect installation can be traced to the errors in manufacturer’s instructions, manual)
- misuse, failing to comply with the instructions in manufacturer’s instructions, manual;
- improper storage, mishandling, damage, accident;
- natural forces, natural disaster.
In the case of defect covered by the guarantee, the Customer:
- primarily – according to his/her choice – should be entitled to have the goods repaired or replaced (customer choice), unless the chosen remedy is impossible or would impose unreasonable additional costs on the Service Provider in comparison to the other remedy, taking into account the value of the item provided in an immaculate condition, the severity of non-compliance with the contract, and the inconvenience caused to the Customer by the implementation of the remedy concerned.
- if the Service Provider did not undertake to repair or replace the item within a reasonable period of time according to the obligation, or is unable to fulfil these obligations in the Consumer’s interest, or the Customer’s interest in repair or replacement is lost, the Customer – according to his/her choice – should be entitled to have the price proportionally reduced, the Customer or another person can repair the defect on the cost of the Service Provider or the Customer can cancel the contract.
There are no grounds for withdrawal because of a minor defect.
If the Customer enforces the replacement within three working days from the date of purchase (installation) because of product failure, the Service Provider is obliged to replace the product, provided that the failure prevents normal use of the product.
The repair or replacement – with respect to the characteristics of the product and the reasonable function expected by the Customer – shall be completed within a reasonable time, saving the Customer’s interest. The Service Provider shall endeavour to complete the repair or replacement within the maximum of fifteen days.
In the case of repair only new spare part can be incorporated into the product.
The part of repair time shall not be included in the guarantee period, during when the Customer cannot use the product according to its intended use. In the case of replacement (repair) of the product or the product’s part the guarantee period shall restart in relation to the replaced (repaired) product (product part) or defect due to the repair.
9.1.3. The costs related to the fulfilment of the guarantee obligation belong to the responsibility of the Service Provider.
9.1.4. The Service Provider may only be exempted from the guarantee obligation in case he proves that the cause of the defect arose after the performance.
9.1.5. The Customer shall not have the right to enforce both the implied warranty and guarantee claim, and product warranty and guarantee claim at the same time, in parallel, for the same defect. Regardless of these restrictions, Customer shall have the rights derived from the guarantee, irrespectively of the titles indicated in Points 9.1. and 9.2.
9.1.6. Guarantee does not affect the enforcement of Customer’s legal rights – more specifically the rights to implied warranty, product warranty and compensation.
9.2. Voluntary guarantee
9.2.1. The Service Provider can undertake a guarantee for the products it sells, with the warranty period indicated on the Website or in the product description. The Service Provider shall communicate the period of guarantee for each product and the detailed terms and conditions of the guarantee latest on the data indicated on the Guarantee Certificate (Guarantee Voucher) upon receipt of the Product.
10.1. Implied warranty 10.1.1. The Customer may enforce implied warranty claim towards the Service Provider in case of defective performance of Service Provider. In case of a consumer contract, the Customer may enforce his/her warranty claims during the two-year limitation period after the date of receipt of product(s) in the case of consumer contract, for the product defects existing at the time of the receiving the product. The Customer cannot enforce his/her implied warranty rights beyond the two-year limitation period.
10.1.2. In case of non-consumer contract, the Customer may enforce his/her warranty claims during the 1 year limitation period after the date of receiving the product.
10.1.3. Based on the right of implied warranty, the Customer should have the option of requiring the Service Provider to repair the product or to replace it unless, those remedies chosen by the Customer are impossible or would entail unreasonable additional cost compared to other remedies for the Service Provider. If the Service Provider did not offer repair or replacement, or cannot fulfil it within such deadline which is proportional to the characteristics of the product or to the purpose expected by the Customer, or if the interest ceased the Customer may also request the proportional discounting of the price, or may have the product repaired by someone else at the Service Provider’s cost, or as the last option, the Customer may cancel the contract. There are no grounds for withdrawal because of a minor defect.
10.1.4. The Customer may change from one implied warranty right to another, and the costs related to the change shall be paid by him/her to the Service Provider, unless the change happened due to the Service Provider or was otherwise justified.
10.1.5. The Customer shall inform Service Provider about the defect detected without delay. In case of a contract made with the Customer classified as Consumer, the information given within two months from the date of detection shall be considered as reported. The Customer is liable for damage resulting from the delay in reporting it.
10.1.6. The Customer may enforce his/her implied warranty claim directly against the Service Provider.
10.1.7. In the case of a contract concluded with a Customer classified as a consumer, it shall be presumed until proved different that, within six months from the date of performance of the contract, the defect recognized by the Customer as a consumer was already present at the time of delivery, unless that presumption is inconsistent with the nature of the product or the nature of the defect. In such case the Service Provider shall be exempt from the warranty obligation, if he proves the opposite, i.e. proves that the reason for the defect occurred after the date of the performance, i.e. after the date the product was received by the Customer.
In case the Service Provider can prove that the defect of the product occurred only after the date of performance, the Service Provider is not obliged to provide warranty for the Customer. However, in case of a Customer classified as consumer, the Customer is required to prove that the defect discovered by him/her existed already at the time of the performance, once the six months period from the date of performance is over. Upon completion, the risk of damage is transferred to the Customer, therefore any defects in the product occurring later due to any reason (e.g. misuse, lack of maintenance or objective, unavoidable damaging circumstances, natural wear) are not to be borne by the Service Provider. If the Customer actually acknowledges the product defect or fault at the conclusion of the contract, the Customer had to be aware of it and had to recognise it because of the nature or characteristics of the product or based on the circumstances of the contract, Provider’s defective performance can not be established.
10.1.8. The costs of the fulfilment of warranty obligation shall be borne by the Service Provider. If the defect of the product is also due to the failure of the Customer in terms of his obligations to maintain the product, the Customer is obliged to bear the costs incurred in the fulfilment of warranty obligation in proportion to his/her contribution, if he/she had a knowledge of maintenance of the product or the Service Provider complied with the obligation to provide information in this regard.
10.1.9. If the Customer enforces his/her warranty claim for a distinct part of the Product (which is separate from the defect indicated), the warranty claim shall not be deemed enforced for other parts of the Product.
10.2. Product warranty
10.2.1. In the event of a defective product (movable product), the Customer, who is classified as a consumer – according to his/her choice -, may enforce implied warranty right of product warranty right as specified under Point 10.1, directly towards the manufacturer of the product.
10.2.2. However, the Customer, classified as consumer, shall not have the right to enforce implied warranty and product warranty claim at the same time, in parallel for the same defect. In the case of effective enforcement of product warranty claim the Customer may enforce his/her implied warranty claim to the product being replaced or the part being repaired towards the manufacturer.
10.2.3. The Customer, classifed as consumer, may only request the repair or replacement of the defective product as the product warranty claim. The Customer shall prove the defect of the product in the case of the enforcement of product warranty claim.
10.2.4. A product is a defective product if it does not meet the quality requirements applicable when it was place on the market, or if it does not have the specifics mentioned in the manufacturer’s description.
10.2.5. The Customer, classified as consumer, can enforce his/her product warranty claim within a period of two years from the date on which the product was placed on the market by the product manufacturer. Once this time period is over, Customer looses his/her right for remedy. The Customer is obliged to inform the manufacturer about the defect without delay upon the discovery of the defect. The defect reported within two months after the date of the discovery of the defect shall be deemed as a defect reported without delay. The damage resulting from the delay in defect reporting shall be the responsibility of the Customer classified as consumer.
10.2.6. According to the Civil Code, the product manufacturer and the party placing such product on the market shall be considered as the manufacturer. The Customer can enforce his/her product warranty claim towards the manufacturer or the distributor of the product.
10.2.7. In the first instance, the task of proving is the responsibility of the Customer, who is classified as a consumer: he has to prove that the product is defective, i.e. it did not meet the quality requirements being in force at the time of placing it on the market by the manufacturer, or did not have the characteristics specified in written by the manufacturer. The manufacturer is not liable if the cause of the defect of the product occurred after the date of placing it on the market, i.e. the case of placing a defective product on the market did not happen. Verifying the defect at the time of placing the product on the market is the responsibility of the consumer, while the manufacturer shall produce the evidence of being exempt.
10.2.8. The manufacturer is exempted from the product warranty obligation if he can prove that:
- a) the product was manufactured or put on the market outside the scope of the Service Provider’s business, or
- b) the scientific or technical knowledge available at the time of placing the product on the market did not allow the defect to be recognised; or
- c) the defect being due to compliance of the product with mandatory regulations issued by the public authorities.
- PURPOSE OF THE WEBSITE, LIMITATION OF LIABILITY
11.1. The purpose of the Website is to sell the products on it, and to provide information about the products. The pictures and colors displayed for each product are illustrations only and therefore may differ from reality. The Service Provider handles the information on the Website with due diligence, and the information contained therein were placed there in good faith, but they are for informational purposes only; the Service Provider assumes no responsibility for the accuracy, completeness of the information contained on the Website or the possible mistakes and typos in the database.
11.2. The Service Provider expressly excludes any liability for any damages resulting from, or during, the connection to or use of the Website. It is the site’s visitor’s responsibility to protect his/her computer and the data stored there from any intruders and other adverse events.
11.3. The Service Provider shall exclude any liability for the behaviour of the users of the Website and also for any statements or content that may be published by the users of the Website. The Customer is entirely and solely responsible for his/her own behaviour, in case Service Provider is contacted by the authorities, he fully cooperates with the acting authority for the detection of infringements.
11.4. The Website might contain hyperlinks (links) that lead to the pages of other providers. Service Provider shall not undertake responsibility for the data protection practices and other activities of such providers.
11.5. If the Customer notices any content that is objectionable on the Website, he/she shall immediately report it to the Service Provider. If the Service Provider finds the notice during the procedure conducted in good faith, he is entitled to cancel or modify the information immediately.
12.1. Existing and current full content on the Website – in particular, but not limited to, texts, pictures, photos, graphics, illustrations, trademarks, audio and video material, logos, information, other materials or their layout – on the website represent the intellectual property of the Service Provider and are under copyright protection or trademark protection. Service Provided does not consent to the use of his intellectual property.
12.2. The Service Provider reserves all rights related to copying and distributing any part of the Website by any method or technique. Without the prior written consent of the Service Provider it is forbidden to modify, change, reproduce, download, store, print, use for another website or creation in any way or in any form, to present, exhibit or distribute, to use for commercial, business or non-commercial purposes in any way or in any form, to use, utilise, transfer or dispose the entire previous and current contents or its parts presented on the Website. Copying and reusing all of these copyright content, mirroring it (by means of a technical operation republishing it to the public), sharing, publishing, broadcasting it in any media, or transferring it without prior explicit written consent of the Service Provider is also prohibited.
12.3. Unauthorized use may entail legal consequences specified in civil or criminal law on intellectual property. In case of unauthorized us, the Service Provider may demand that the infringement be terminated and his damages reimbursed. The graphic elements and logos that are particularly typical of the Service Provider on the Website are also registered under trademark protection, therefore their unauthorized use shall not only of represent copyright infringement, but, as appropriate, according to section 388 of the Act C of 2012 on the Criminal Code, is punishable.
12.4. Any activity aiming at listing, organising, archiving, hacking or decrypting the source code of the Service Provider’s database is prohibited. Unless agreed in a separate agreement, or without the use of a special service for this purpose, it is forbidden to modify, duplicate, insert new data or overwrite the existing data by circumventing the database of the Service Provider or by circumventing the search engines.
12.5. Outside ofthe Service Provider, any link to the Website may only be placed in such a way that it may not give the impression that the Website or Service Provider proposes to support the use or purchase of the service or product marketed or offered on that site. A website with such hyperlink may not provide or contain untruthful information about the Website and about the legal relationship existing between the Website and the website with the link. The website with the hyperlink shall not contain unlawful content. In the event of a violation of the rules regarding the application of the link, the Service Provider shall be entitled to immediately remove the link to the Website, as long as the website operator does not remove it upon call and is also entitled to claim damages related to the infringement and incurred.
- OPTIONS OF ENFORCEMENT OF RIGHTS AND CLAIMS
13.1. Handling of complaints
The Customer can raise his/her complaints related to the product or the Service Provider’s activities using the contact details described in Point 1.5. The Service Provider is obliged to examine the complaint within thirty days following its receipt, and arrange for a reply to be sent to the Customer. If the Service Provider rejects the complaint (s)he is obliged to give the reasons for its position in a substantive replyconcerning the rejection.
13.2. Other options of enforcement of rights
If any consumer dispute between the Service Provider and the Customer is not resolved in the course of the negotiations with the Service Provider, the following enforcement options are available for the Customer:
13.2.1. Complaint at the competent Consumer Protection Authority
In the Customer classified as consumer notices that his rights as a consumer are violated, the Customer has the right to submit a complaint to the competent Consumer Protection Authority. After the complaint is evaluated, the authority decides on the conduct of the consumer protection procedure. Consumers can primarily contact the competent regional offices with their complaints. Contact information for district offices are available at http://jarasinfo.gov.hu/.
13.2.2. Initiating a procedure by the Conciliation Board
Should a dispute between Service Provider and Customer not be settled during negotiations with the Service Provider, the Customer classified as consumer may refer to the Conciliation Board and may initiate the proceedings by the Board. The procedure shall belong to the competence of the conciliation board according to the permanent residence or place of residence of the Customer, classified as consumer. In the absence of the domestic permanent residence or place of residence of the consumer, the competence of the conciliation board is decided by the registered seat of the company concerned or of the organisation undertaking legal representation of it. Based on the request of the Customer, classified as consumer, the competent board, instead of the above, shall be the conciliation board requested by the consumer.
When applying the rules on the Conciliation Board, the consumer, as defined in a separate law, shall be a civil organization, church, multi dwelling houses, housing cooperatives, micro, small or medium enterprises, who buys, orders, receives, uses and takes products, or is the recipient of the commercial communication and the offer related to the product.
The company is subject to a co-operation obligation in the proceedings before the Conciliation Board. This is, on one part means the obligation to send a response to the request of the conciliation board and on the other part, to ensure the participation of a person authorized to conclude an agreement during conciliatory board hearing. When the registered seat or the site of the company is not registered in a county governed by the chamber of the territorial jurisdiction of the conciliation board, the company’s obligation to cooperate shall be subject to the possibility of offering a written agreement, appropriate for the consumer.
The competent regional institute of the area is the Budapest Conciliation Board (address: 1016 Budapest, 99 Krisztina krt., E-mail: [email protected])
13.2.3. Initiating court proceedings
The Customer is entitled to enforce his claim before the court in civil proceedings according to the applicable provisions of the Civil Code and the Code of Civil Procedure.
- OTHER PROVISIONS
14.1. The issues not regulated in current GTC, for contracts concluded based on the GTC and the interpretation of this GTC are governed by Hungarian law, with special regard to the provisions of
– Act V of 2013 on the Civil Code,
– Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services,
– Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and business operations, (II. 26.) and
– Act CLV of 1997 on Consumer Protection
If there is a contradiction between the foreign version and the Hungarian version of the GTC, the Hungarian version shall prevail.
The place of jurisdiction of possible disputes shall be the registered seat of the Service Provider in the company registry.
14.2. The Service Provider’s online webshop is a Linux / PHP based information system, with appropriate security level, however, the Service Provider recommends that the Customer take the following precautions: use virus and spyware protection software with fresh database, and install security updates for the operating system. Shopping on the Website assumes that Customer is aware of the technical and technical limitations of the Internet and accepts the possible errors associated with the technology.
14.3. The Service Provider reserves the right to unilaterally amend the provisions of current GTC any time. Such modifications are communicated by the Service Provider to the Customers on its Website. The amended provisions shall apply to orders placed after the modifications enter into force. The Service Provider reserves the right to make any changes or corrections at www.gatamo.com online webshop without prior notice.
Current General Terms and Conditions are valid from 28.June 2018 until withdrawn or until the amendments enter into force.
In Budapest, on 28. June 2018
Annex 1: Withdrawal / Termination template
Annex 2: Template of the nformation on implied warranty, product warranty and guarantee
Withdrawal / Termination template
(fill out only in case of your intention of withdrawal / termination and send it us us)
Addressee: Gatamo-International Kft. (1054 Budapest, Alkotmány street 16. 1/5.; [email protected])
Hereby I/we, the undersigned, declare that I/we am/are exercising my/our right of withdrawal/termination of the contract regarding the purchasing of the following products or the provision of the following services:
Date of concluding the contract / taking over the product:
Name of the Consumer(s):
Address of the Consumer(s):
Signature of the Consumer(s): (only in case of written statement on paper)
Template of the information on implied warranty, product warranty and guarantee
- Implied warranty
In which cases can you exercise your right of implied warranty?
In the event of defective performance of Gatamo-International Ltd. you may claim your implied warranty against the company under the rules of the Civil Code.
What rights do you have based on your claim for the implied warranty?
You may, at your choice, enforce the following implied warranty claims:
You may request repair, replacement, unless the fulfilment of the remedy of your choice would be impossible or would represent unreasonable extra cost for the company. If you did not or could not request repair or replacement, you may request the price proportionally reduced, you or another person can repair the defect on the cost of the Service Provider or, as the last option, you can terminate the contract.
You may change from your chosen implied warranty right to another, and the costs related to the change shall be paid by you, unless the change happened due to the company or was otherwise justified.
What is your deadline for validating your implied warranty claim?
You are obliged to report the defect immediately after discovering it, but not later than within two months of noticing the defect. We would like to call your attention that you cannot enforce your implied warranty rights beyond the wo-year limitation period. In case of a second hand item, this period is 6 months.
Against whom can you enforce your implied warranty claim?
You can enforce your implied warranty claim against the company.
What other conditions do you have to meet to enforce your implied warranty rights?
Within six months from the date of performance, there is no other condition to enforce your claim apart from reporting the defect notices, in case you certify that the product or service was provided by Gatamo-International Ltd. However, after six months from the date of performance, you are required to prove that the defect noticed had already occurred at the time of receiving the product.
- Product warranty
In which case can you exercise your product warranty right?
In the event of a defect in movable goods (product), you may, at your choice, claim your right as specified under Point 1, or enforce your claim of product warranty.
What rights do you have based on your claim for the product warranty?
As the product warranty claim, you can only request the repair or replacement of the faulty product.
In what cases is the product considered to be defective?
The product is defective if it does not meet the quality requirements in force when it is placed on the market or if it does not have the features specified in the manufacturer’s description.
What is the deadline for validating your product guarantee claim?
Product guarantee claims can be validated within two years from the date of placing the product on the market. Once this time period is over, you loose your right for remedy.
To whom and with what other condition can you enforce your product guarantee claim?
User may only claim product guarantee claims against the manufacturer or distributor of the movable product. The product defect must be proven by you upon claiming product guarantee.
In which case is the manufacturer (distributor) exempted from his product guarantee obligation?
The manufacturer (distributor) is only exempted from his product guarantee obligation if it can prove that:
– the product has not been manufactured or placed on the market by the business, or
– the defect was not recognizable by science at the time of placing on the market, or
– the product defect arises from the application of a statutory or mandatory regulatory requirement.
The manufacturer (distributor) has to provide just one evidence to justify the exemption.
Please note that for the same defect, you can not enforce both the implied warranty and product warranty claims simultaneously. However, in the event of a successful validation of your product warranty claim, you may claim the implied warranty for the replaced product or the part repaired to the manufacturer.
In which cases can you exercise your right of implied warranty?
For some products and in case of defective performance, Gatamo-International Kft. is oblige to provide guarantee, under contract or law.
What rights do you have and what are the time restrictions of the guarantee?
In case of goods specified in Annex 1 of Government Decree 151/2003 (IX. 22.) on the compulsory guarantee (IX. 22.) on certain consumer goods designated for long-term use, the period of guarantee is at least one year.
Which case the provider company shall be exempt from the guarantee obligation?
The company shall be exempt from the guarantee obligation only if he can prove that the reason for the defect occurred after performance.
Please note that for the same defect, you shall not be able to enforce the implied warranty and the product warranty and the guarantee claims at the same time, simultaneously. However, you are still entitled to the rights of guarantee, independently from the rights specified under Points 1 and 2.