GENERAL CONTRACTUAL TERMS AND CONDITIONS
These General Contractual Terms and Conditions (hereinafter: GTC) set out the rights and obligations of Re-Guard Kft. (hereinafter: Service Provider), and of any Client (hereinafter: Client) using the electronic commercial services provided by the Service Provider through the website at www.regolymedical.hu (hereinafter: Website). (Service Provider and Client hereinafter jointly: the Parties). The GTC applies to all legal transactions and services performed through the website www.regolymedical.hu, whether from Hungary or abroad, and whether by the Service Provider or its contributor.
SERVICE PROVIDER’S DETAILS
- Name: Re-Guard Kft.
- Registered seat and mailing address: H-2089 Telki, Tücsök utca 16.
- Phone number: +36 26 789 141
- E-mail address: email@example.com
- Corporate registry number: 13-09-091185
- Name of registration court: Budapest Environs Regional Court as Court of Registration
- Tax : 12839470-2-13
1. GENERAL INFORMATION, CONTRACT CONCLUSION BETWEEN THE PARTIES
1.1. The scope of this GTC covers any and all electronic commercial services provided within the territory of Hungary through the website at www.regolymedical.hu. Furthermore, the scope of this GTC covers any and all electronic commercial transactions within the territory of Hungary, concluded by and between the Parties specified in this contract. Requests for quote through the website are governed by Act CVIII of 2001 on Certain Aspects of Electronic Commerce Services and Information Society Services (“E-Commerce Act”).
1.2. Products displayed on the Website cannot be purchased, they can only be ordered. Products displayed on the Website can be ordered electronically, from the Client’s own partner account – with the Client previously registered to the Website –, by accepting a quote by the Service Provider and by an order produced therefrom, as specified in this GTC.
1.3. A considerable part of Website services is available for all users, even without registration. However, some services are subject to registration (followed by login), which business organisations are entitled to as specified in the GTC.
1.4. Following the submission of an order, the contract can be modified or cancelled before confirmation is sent to the Client. This can be done by phone and e-mail. The contract in Hungarian language concluded between the Parties by the purchase of the goods shall be deemed as a written contract, filed and preserved by the Service Provider for 5 years from its conclusion, and can be accessed subsequently.
1.5. The language of the contract is Hungarian.
1.6. Service Provider shall not submit itself to the provisions of any code of conduct.
1.7. Customer service
Customer service office location: H-2089 Telki, Tücsök utca 16.
Clients cannot be personally received at the address of the customer service. The Client can contact the customer service by e-mail or telephone only.
Phone: +36 26 789 141
2.1. Registration can be performed under the Registration menu item (Regisztráció) on the Homepage, by completing the data sheet there, which consists of two parts. The Client fills in the personal data – hereinafter Contact person’s data – online in the form, such as Name, E-mail address and Phone number, as well as any company data, including Company name, Registered seat and Tax number. In this way, registration from the side of the Client can be considered as complete, about which the Client receives an automatic confirmation e-mail upon successful reception thereof by the Service Provider. The Operator checks the registration data completed through the online interface and registers them into its own system, supplies a partner code and supplements missing financial data such as way of payment and deadline of payment. The Service Provider notifies the Client of the finalization of registration by e-mail. Simultaneously therewith, these data are automatically displayed among the Client’s own Profile data. Logistics data, such as delivery address and method of delivery are recorded by the Client at the time of submitting each order and form an integral part of such order.
In the Profile account, open invoices and earlier orders are both available. By registration to the Website, the Client represents that they is familiar with and accepts the terms and conditions of this GTC and the Privacy Statement published on the Website, as well as consents to the data processing set out in such Privacy Statement.
2.2. Service Provider shall not be liable for any delivery delay or any other problems or errors attributable to data specified incorrectly and/or inaccurately by the Client. Service Provider shall not be liable for any loss or damage arising from the fact that the Client forgets their password or it becomes accessible to unauthorised parties for any reason not imputable to the Service Provider. Service Provider shall handle each registration as an individual person. Data entered earlier can be modified after login, by clicking on the link ‘Personal settings’ (Személyes beállítások) and selecting the menu item ‘Modify personal data’ (Személyes adatok módosítása), which may affect active order data as well. Service Provider shall not be liable for any damage or error arising from the Client changing registered data.
After registration is accepted, the Client will have their own account where they can and is required to manage their own data. Any modifications thereof are updated in the Service Provider’s database within 24 hours. Each order submitted is processed on the basis of the data registered.
2.3.1. The Client is entitled to cancel their registration at any time by sending an e-mail message. After receiving such message, Service Provider is required to promptly procure that the registration is cancelled and the Client’s data are deleted. The Client’s user data are immediately removed from the system after such deletion; however, this does not affect the preservation of data and documents related to orders already submitted, and which are required to be preserved by the Service Provider due to statutory obligations, and this does not result in their deletion. After such removal data cannot be restored any longer.
2.3.2. The Client is solely responsible for keeping user access data confidential (particularly the password). In the event that the Client is made aware of any possible unauthorised third party access to their password specified during registration, they are required to change their password without delay; and if it can be presumed that such third party abuses password use in any manner, the Client is required to notify the Service Provider simultaneously.
2.3.3. Client undertakes to update their personal data during registration as necessary in order to ensure that they are up-to-date, complete, and true and correct.
3.1. The important properties and features of the goods intended to be ordered by the Client and the instructions for the use of such goods are available from the information page of the specific goods, under the provision that the actual features of the goods are included in detail in the directions for use enclosed to the product. It shall be deemed as contractual performance by the Service Provider if the product has more favourable or more advantageous properties than those included in the information provided on the website or in the directions for use. Should the Client have any questions on the goods before purchase, the Service Provider’s customer service is ready to help. Where prescribed by law, the instructions for use of the products distributed by the Service Provider are enclosed to the goods. Should the Client fail to receive the compulsory instructions for use together with the goods, the Client is supposed to promptly indicate that to the Service Provider before putting the goods into use, in order for prompt supplementation. Should you need more information than imparted on the Website regarding the quality, basic features, use, and usability of any goods displayed on the Website, please contact the Service Provider.
3.2. If no price is shown beside the product – because the Client has not ordered the given product through the Website as yet, and/or the Client has not made any purchases for the given product in any other way from the Service Provider earlier on, before the Website was set up – the Service Provider will send an individual purchase price to the Client by e-mail in response to a request for quote submitted through the Website, which price shall not include VAT unless specifically indicated. The purchase price of products does not include the cost of delivery. If the prices quoted are accepted by the Client, the products desired may be ordered in a response e-mail.
In the event of accepting the price quoted by the Service Provider, the Client may submit an order – by e-mail or through the Client’s account registered on the Website – following receipt of the Service Provider’s quote. In the case of any significant change in the exchange rate or rise in the basic material price in the period between sending the quote and placing the order, the Service Provider shall reserve the right of price modification. The Client is required to send, together with the order, any other data required for such order as specified in the quote sent to the Client. After receiving the data required, the Service Provider enters them into its SAP system. If the Client wishes to derogate from the delivery conditions offered by the Service Provider, the Client is required to notify the Service Provider thereof.
The Client is required to specify, for each order on the order form, the Method of delivery and the Delivery address as related to the order concerned.
The way and deadline of payment is specified and uploaded to the Website by the Service Provider, as part of the registration process, which will be displayed among the Client’s Profile data and which may not be modified by the Client. These data may only be modified by personal consultation with the staff indicated in the Contact menu item (Kapcsolat) on the Website, as specified by the Service Provider.
Service Provider will only accept an order through its Website or by e-mail if the Client fully completes all fields and provides all information as required for such order. If the Client fills in a field wrongly or defectively, they will receive an error message from the Service Provider. Service Provider shall not be liable for any delivery delay or any other problems or errors attributable to data specified incorrectly and/or inaccurately by the Client.
3.3. If the Client sees a price shown beside the product – meaning that the Client has already placed an order through the Website or the Client has purchased the given product in any other way from the Service Provider earlier on, before the Website was up, an order can be submitted through the interface by logging in and using the Cart. In the case of submitting a repetitive order, the order can be placed again in the Orders tag (Megrendelések) among the Profile data. After selecting the product and clicking on the Order button (Rendelés), the order is automatically entered in the Service Provider’s inventory management system, receipt whereof is confirmed to the Client via an automatic response e-mail. Payments are not made and deliveries are not ordered through the Website.
3.4. The price of the products is indicated in Hungarian forints (HUF). The price indicated does not include VAT, it is to be understood as net price. The Quote and the Order Confirmation already indicate the gross value as well, as increased by VAT.
4. CORRECTION OF DATA ENTRY ERRORS
4.1. Subject to section 2.2, the Client can correct data entry errors through the ordering interface on the page (e.g. removal of the product from the cart by clicking on the “Delete” sign (Törlés)) at any time, in any ordering phase until the order is submitted to the Service Provider.
5. BINDING OFFER, CONFIRMATION
5.1. Receipt of the order by the Service Provider corresponding to the Service Provider’s offer which was sent by the Client will be notified to the Client by the Service Provider without delay, by way of an automatic confirmation e-mail. Within 48 hours at the latest, the Service Provider confirms the Client’s order as processed. Such order confirmation e-mail includes the data supplied by the Client in the course of ordering and/or registration (e.g. contact person, billing and delivery data), the order identifier, the date of order, a list of the components corresponding to the product ordered, the type, the size, the quantity, the product price, the cost of delivery and the amount total payable. This confirmation e-mail only informs the Client that their order has been received by the Service Provider. As regards the actual availability and delivery date of the products included in the order, the Service Provider notifies the Client through the contacts specified by the Client, via e-mail.
5.2. Such confirmation e-mail is deemed as acceptance of the quote to the Client by the Service Provider, by which a valid contract is concluded by and between the Service Provider and the Client.
5.3. The Client will be exempted from the binding offer if they fail to receive a confirmation e-mail from the Service Provider – referring to their order submitted – without delay, but within 48 hours at the latest.
5.4. If the Client has already submitted their order to the Service Provider and notices an error in the data included in the confirmation e-mail, this should be indicated to the Service Provider within 1 day or when the Service Provider contacts the Client by phone in order to avoid the fulfilment of undesired orders.
5.5. An order is deemed as a contract concluded electronically, governed by the provisions set out in Act V of 2013 on the Civil Code, and in Act CVIII of 2001 on Certain Aspects of Electronic Commerce Services and Information Society Services.
6. DELIVERY AND PAYMENT CONDITIONS
6.1. In return for the amount specified in the quote, Service Provider shall deliver the products ordered and requested to be delivered to the address specified by the Client when placing the order, in an amount exceeding HUF 50,000 net, by its own transport vehicle or by hiring a shipping company, in the framework of express postal services or other public road transport.
Service Provider reserves the right to modify the delivery charge under the provision that such modification shall enter into effect upon acceptance thereof by the Client. Such modification shall not affect the purchase price of products already ordered. The Client receives information on the current delivery charge in the order confirmation sent to the Client by the Service Provider or by personal contact.
6.2. The Client can take over the goods ordered through the website personally as well.
6.3. After checking for order fulfilment, the Service Provider offers an opportunity for the Client to select the date and time of delivery, meaning to select an approximate delivery interval rather than a specific date and time. Service Provider cannot undertake deliveries at specific hours. Delivery deadlines are only for information, the actual delivery deadline is notified in each case through personal contact by the Service Provider.
6.4. Service Provider performs the services ordered for the Client at the location included in the order confirmation sent by e-mail.
6.5. The Client may gather information on the ways of payment offered by the Service Provider and on the options for takeover from the e-mail sent by the Service Provider.
6.6. Invoice: Service Provider issues an invoice to the Client after sending the order, so as to certify the payment. At the time of taking over the product, the Service Provider gives a printed invoice to the Client to certify the purchase.
7.1. Statutory guarantee
7.1.1. Pursuant to the Civil Code and Government Decree 151/2003 (IX. 22.), the Service Provider is subject to a guarantee liability, which means that it will only be exempted from liability during the guarantee period if it proves that the defect can be traced back to the improper use of the product.
7.1.2. The term of guarantee (the guarantee period) starts on the day of product delivery to the Client, or if the product is put into operation by the Service Provider or an agent thereof, on the day of putting into operation. Durable consumer goods include products listed in the annex to Government Decree 151/2003 (IX.22.) on the Mandatory Guarantee on Certain Durable Consumer Goods, for which the regulation prescribes a one year mandatory guarantee period. The substantive scope of the decree only covers new products sold in the framework of a consumer contract concluded within the territory of Hungary and listed in the annex to such Decree.
No defect shall be subject to guarantee if the cause occurred after the delivery of the product to the Client, for instance, if such defect is caused by
- incorrect installation (unless installation was performed by the Service Provider or its agent or if such incorrect installation can be traced back to an error in the instructions for use and operation)
- improper use, disregarding the provisions set out in the instructions for use and operation,
- inappropriate storage, wrong treatment, vandalism,
- Natural disaster.
In case of a defect subject to guarantee, the Client:
- may primarily demand – at their option – repair or replacement, unless it is impossible to fulfil the selected guarantee demand, or if it would result in disproportionate extra costs incurring at the Service Provider as compared to the fulfilment of the other guarantee claim, taking into consideration the value of the product in perfect state, the significance of the breach of contract and the detriment caused to the Client’s interests by fulfilling such guarantee claim.
- if the Service Provider has not agreed to repair or replacement or cannot meet this obligation within the deadline corresponding to such obligation, taking care of the Client’s interests, or if the Client’s interest in the repair or replacement has ceased to exist, the Client – at their option – may claim a proportionate purchase price reduction, may correct the defect themselves or have it corrected by someone else at the Service Provider’s expense, or may rescind from the contract. No rescission is allowed by reason of any insignificant defect.
If the Client enforces a replacement claim due to the failure of the product within three working days of the date of purchase (putting into operation), the Service Provider is required to replace the product, provided that such failure hinders proper use.
Having regard to the product’s properties and its destination expectable by the Client, repair or replacement must be completed within an appropriate deadline, by taking care of the Client’s interests. The Service Provider is required to make attempts to complete such repairs or replacement within up to fifteen days.
In the course of repairs, only new components may be built in the product.
The guarantee period shall not include the part of the period of repairs in the course of which the Client is unable to use the product properly. In the case of replacement (repair) of the product or any part thereof, the guarantee period shall restart for such replaced (repaired) product (product part) and in respect of any defect occurring as a consequence of repairs.
7.1.3. Any costs related to the fulfilment of the guarantee obligation shall be borne by the Service Provider.
7.1.4. The Service Provider will only be exempted from its guarantee liability if it proves that the cause of the defect occurred after completion.
7.1.5. However, the Client shall not have the right to enforce a defects liability and a guarantee claim by reason of the same defect, or to enforce a defect liability and a guarantee claim simultaneously, parallel with each other. Irrespective of these restrictions, the Client shall be entitled to exercise the rights arising from such guarantee.
7.1.6. The guarantee shall not affect the enforcement of the Client’s rights by law – including, in particular, those related to liability for material defects, product liability, and indemnification.
7.1.7. In case of a dispute between the parties which they cannot reconcile in an amicable manner, the Client may institute an arbitration procedure as specified in section 12.2.
8.1. Liability for material defects
8.1.1. In the event of defective performance by the Service Provider, the Client may enforce a defect liability claim against the Service Provider. The Client may enforce their warranty claims within a 1-year limitation period from the date of acceptance, and within the 6-month limitation period prescribed by law in case of health and safety products, in respect of the defect which already existed at the date of product delivery. No rights related to the liability for material defects can be enforced by the Client after the lapse of the limitation period.
8.1.2. The Client – at their option – may request repair or replacement, unless it is impossible to fulfil the claim selected by the Client, or if it would result in disproportionate extra costs incurring at the Service Provider as compared to the fulfilment of another claim by the Client. If the Client has not or could not have requested repair or replacement, the Client may claim a proportionate reduction of the consideration, or the Client may correct the defect themselves or have it corrected by someone else at the Service Provider’s expense, or – as a last resort – may also rescind from the contract. No rescission is allowed by reason of any insignificant defect.
8.1.3. The Client may transfer their right related to the defect liability to another one, but the costs of such changeover shall be borne by the Client, unless such changeover was justified or the Service Provider gave reason for it.
8.1.4. The Client is required to report any defect promptly after detecting it, but not later than two months after revealing such defect.
8.1.5. The Client may enforce their defect liability claim directly against the Service Provider.
8.1.6. Within six months of contract performance, a liability claim for material defects can be enforced by just stating the defect, subject to no other condition than the Client certifying to have purchased the product from the Service Provider (by presenting the invoice or a copy thereof). In such a case the Service Provider will only be exempted from the warranty liability by overcoming this presumption, that is, by proving that the product defect occurred following delivery thereof to the Client. In the event that the Service Provider can prove that the cause of the defect occurred for a reason imputable to the Client, the Service Provider shall not be obligated to accept the warranty claim laid by the Client. Upon the expiry of six months after contract performance, however, the Client is already required to prove that the defect detected by it already existed at the date of performance.
8.1.7. If the Client enforces their warranty claim in respect of a part of the product that is separable from the product as regards the defect specified, such warranty claim shall not be deemed as enforced in respect of the remaining parts of the product.
9.1. Any information on the Website has been posted in good faith, but it serves only for information purposes: Service Provider shall not be liable for the accuracy and completeness of such information.
9.2. The Client may use the Website only at their own risk, and agrees that the Service Provider shall not be liable for any property and non-property losses during use, other than any liability for breach of contract caused by wilful conduct, gross negligence or criminal acts, and for breach of contract causing death, damaging physical integrity or impairing health.
9.3. Service Provider excludes all liability for any conduct demonstrated by Website users. The Client is fully and exclusively liable for their own conduct; in any such case, the Service Provider shall fully cooperate with acting authorities to reveal infringements.
9.4. Service pages may include links to other service providers’ websites. Service Provider shall not be liable for the privacy practices and other activities of such service providers.
9.5. Service Provider is entitled but not obligated to check any content made available by Clients during Website use, and in respect of any content published, the Service Provider is entitled but not obligated to search for signs of pursuing unlawful activities.
9.6. Owing to the global nature of the internet, Client hereby agrees to act, during Website use, by taking into consideration the provisions of applicable international legal regulations as well. In the event that any activity related to Website use is not permitted according to the law of the Client’s state, the Client shall be solely liable for use.
9.7. In the event that Client detects any objectionable content on the Website, they shall promptly report it to the Service Provider. If the Service Provider deems such warning to be properly grounded, it shall be entitled to delete or modify such information with no delay.
10.1. The Website is protected by copyright. Service Provider is the copyright holder or authorised user of any and all content displayed on the Website and in the course of providing the services available through the Website: that is, of any work or other intellectual creation (including all graphics and other materials, Website interface arrangement and editing, the software and other solutions used, ideas, and implementation).
10.2. It is permitted to save the Website content or any parts thereof to physical or other data carriers or to print them for private purposes with the Service Provider’s prior written consent. Any use in excess of use for private purposes – for instance, storage in a database, enabling publication or downloading, and commercialisation – is only allowed with the Service Provider’s prior written consent.
10.3. In addition to the rights expressly defined in this GTC, no registration, no Website use, and not any single provision of this GTC shall grant any right to the Client to use or utilize any trade name or trade mark on the Website. Other than any display associated with the proper use of the Website, any temporary multiplication as required therefore, and copying for private purposes, these intellectual creations may not be used or utilised in any other form unless with the Service Provider’s prior written consent.
11. OTHER PROVISIONS
11.1. The security level of the Re-Guard information system is appropriate and use thereof does not constitute any risks; however, it is recommended to take the following precautions: use virus and spyware protection software with up-to-date databases and install operating system security updates. Purchases through the Website presuppose that Clients are aware of the technical and technological limits of the Internet and that they accept margins of error concomitant with such technology.
11.2. Service Provider is entitled to modify the provisions of this GTC unilaterally at any time. Service Provider notifies such modifications to Clients through the Website interface. Following such modification, Website use will be subject to express acceptance of the modifications by the Client through the Website, in the manner set out therein.
Dated in Budapest, 17 January 2018