General contracting terms and conditions
The present General contracting terms and conditions are Effective from 1 September 2019
The present general contracting terms and conditions (hereinafter Gctc) contain the terms applicable to purchases in online stores at https://ajka-crystal.com (hereinafter webshop) operated by Keringatlan kft., and to buyers and other visitors (hereinafter: buyer). By using the webshop buyer acknowledges, and accepts the provisions of the present general contracting terms and conditions.
General information
All technical information required for using the webshop, and not contained herein is available through other sources of information accessible on the website. Buyer shall, by using the webshop, acknowledge, and accept the provisions of the Gctc, and the content of other information sources available on the website. In the event of conflicting content between information or other data in the present Gctc and the website, the provisions of the present Gctc shall prevail. In the event of any difference between the Hungarian and the english versions, the Hungarian language version shall prevail.
Given that an order placed on the website qualifies as an implied declaration not made in writing, the contract concluded by and between buyer and seller shall not qualify as a written contract, and therefore seller shall not file them, and thus it shall not be accessible or available for reading later on.
Placement of orders is possible exclusively electronically on the website, and through home delivery. Orders by facsimile, phone or conventional mail are not available options, and seller shall not perform orders received by these means. Seller does not ensure the option of collecting orders personally unless customer service sends a confirmation email of different meaning.
Seller shall not submit to any code of behaviour.
1.1. Seller’s details
Company name: Keringatlan kft.
Registered office:1025 Budapest Palatinus utca 1.
Phone: +36 1 487-3600
Tax no.: 11890740-2-41
Companies register no.:01-09-681712
Registering court: capital city tribunal as company court
Hosting provider: Shopify inc. 150 Elgin street, 8th floor, Ottawa, on k2p 1l4, Canada
2. The process of shopping on the website
2.2.1. Browsing in the webshop, and purchasing is not subject to registration. During the purchase the website shall automatically save the details required for performing the order.
The buyer shall be exclusively responsible for keeping login details confidential. If buyer becomes aware that any of his or her details have been unlawfully accessed by a third party, buyer shall notify seller of that fact without delay.
2.2.2. Creating a basket
Buyer may place an order for products offered for sale in the webshop. Buyer may browse products available for ordering, and grouped in categories, and may select the product he or she wishes to order. Buyer may find detailed information of the product he or she wishes to order including price, and possible other features that may be chosen by buyers by clicking the name or the picture of the product.
Given that the products offered for sale in the webshop are hand-made they may be (slightly) different compared to the picture seen on the website.
Buyer may place the product in his or her trolley by clicking the trolley icon. The amount of the product to be ordered may be entered on same surface. Buyer may check the content of his or her trolley by clicking the trolley icon on the right hand side of the website. By clicking the trolley icon the system navigates buyer on the trolley surface. Here, buyer may view, and check in detail the list of products placed in the trolley, their price, the number of pieces to be purchased, and the total amount payable at the bottom of the summary table. On the trolley surface buyer may still modify the content of his or her trolley any time including the number of items ordered. If an item is modified, the system will automatically update the content of the trolley within a few seconds.
2.2.3 For business order please contact the seller in vincze.karina@ajkacrystal.hu email.
2.2.4. By clicking the pay button, buyer may continue placing the order in the webshop by taking buyer to the delivery surface. This is where buyer may enter the details required for delivery; the surface remains open for modification any time until the order is finally submitted.
After entering all necessary details, buyer shall land on the payment surface by clicking pay. Prior to sending the order buyer must, on this same surface, tick the relevant box to accept the provisions of the present gctc and the privacy policy, and by clicking send order he or she may submit the order. So the order is placed by clicking the send order button, which creates a payment obligation for buyer. Following sending the order buyer receives a confirmation email containing the unique order number associated with the given order.
3. The price of the product
The products displayed on the website appears with the purchase price. No packaging cost is charged. The price of the products and transportation costs is given in us dollars. The total amount payable based on the order summary, and the confirmation email includes all costs. Seller shall not assume liability for any price displayed erroneously despite due diligence applied by seller and/or as a result of system malfunction or for unrealistic prices that grossly differ from the widely known magnitude of the price of the product (e.g. 0 usd). In such cases seller shall not be obliged to sell the product at the price erroneously displayed in the webshop.
In the event of displaying an erroneous price seller shall, in his or her order confirmation or thereafter offer to buyer the option of purchasing the product ordered at the real price. With that information buyer may decide whether to buy the product at the real price or cancel the order with no legal consequences, and re-claiming the unrealistically low price they may have paid.
3.1 Additional charges on Non-EU Deliveries
If your order is placed from outside of European Union, except Norway, applicable duties, import fees, taxes and other charges are payable by you. You do agree and acknowledge that full payment of such fees, taxes or charges may be required for releasing the ordered products from customs on arrival. The Seller will not determine or collect the above mentioned fees, taxes or charges.
For deliveries outside of EU, the final price of products will be shown in the cart page. For any delivery outside of EU, applicable value added tax will be 0%. The applicable price of products is displayed at checkout page before payment is made.
4. Binding offer, confirmation
Seller shall confirm receipt of buyer’s order without delay, but within no more than 72 hours through an automatic confirmation email sent to buyer such confirmation to include all details entered by buyer in the course of ordering (e.g. Invoicing, and delivery details), e.g. The order date, order id, a list of products ordered, their features, amount, price, transportation costs, and the total amount payable.
Order confirmation, too, takes place automatically simultaneously to invoicing. In the event that the order confirmation should fail to take place within 3 working days of the notification of receiving the order, buyer shall no longer be bound by his or her offer (and shall no longer be obliged to buy the product ). That confirmation email shall constitute an acceptance by seller of buyer’s order (offer to purchase) that creates a valid contract between seller and buyer.
The order shall qualify as an electronically concluded contract subject to act v of 2013 on the civil code, and act cviii of 2001 on certain aspects of electronic commerce and information society services. The contract shall be subject to government decree 45/2014 (ii. 26.) Korm. On the detailed rules of contracts between consumer, and the business, which also reflects the provisions of directive 2011/83/eu of the European parliament, and of the council on consumer rights.
5. Payment
Payment of the total order amount shall be done through the Paypal system. There are no other available payment options. The system uses a safe channel, and is automatic. The financial provider shall receive only such card details as are required for the payment transaction on the payment site using 128 bit ssl encryption. The financial provider shall not receive notification from the provider concerning personal details of the order, or the details of the purchase.
Seller shall not have information concerning the data content of the payment page, these are only accessible by the financial provider. The financial provider’s page shall send a notification concerning the outcome of the transaction. In order to ensure that card payment is possible buyer’s internet browser must support ssl encryption. The amount paid as the total order amount shall be immediately blocked on buyer’s bank account.
Seller shall issue an invoice of the total order amount to document payment, and buyer shall receive such invoice in the package along with the product ordered.
6. Delivery
6.1. Delivery: delivery of orders takes place through TNT courier service on weekdays, from Monday to Friday from 08:00 to 17:00 CET. Delivery may be requested almost worldwilde. The courier service shall try a total of two times to deliver the package, then if buyer fails to ensure that the package is collected from the courier service by the date specified in the notification, the courier service shall return the package to the seller. If buyer is not at the delivery address previously provided, and thus delivery remains unsuccessful, the courier leaves a notification at the delivery address. With the phone number printed on the notification buyer may arrange for a different delivery address at a later point in time, and/or negotiate a solution with the courier service. Further information concerning delivery is available in the Gctc of TNT courier service at the following link: https://www.tnt.com/express/hu_hu/site/terms-conditions.html.
So the courier service shall attempt delivery a total of two times, but if the second is unsuccessful, the courier service returns the package to the seller. Then buyer may request repeated delivery of the products ordered from seller at his or her own cost by the courier service of his or her choice. Seller is thereafter entitled to charge storage fees for the products returned at the rate of 1% of the purchase price of the product per each day stored.
Upon accepting the product buyer shall examine the package to see if the product is free from damage. If any damage is seen on the packaging or on the product buyer should request the courier to create a protocol. If clearly visible damage is seen on the packaging, and such damage took place prior to acceptance of the package, seller shall take back the product at no cost to buyer.
In line with the courier service’s internal regulations the courier service must be ensured a possibility of inspecting the content, and the original packaging of the consignment to assess the compensation claim arising from the damage.
6.2. Delivery costs: the shipping fee varies depending of the quantity, weight and delivery address of the products.
6.3. Delivery deadline: deliveries shall take place within 1-5 working days within Hungary. As regards deliveries abroad deadlines are subject to whatever the courier service in charge of the delivery is willing to guarantee, which is available at: www.tnt.com.
In lack of a different agreement of the parties seller must make available (deliver) the product to consumer without delay following concluding the contract, but no later than thirty days. In the event of seller’s delay buyer qualifying as consumer is entitled to set a new deadline, i.e. Extend the time available. If seller should fail to perform within such extended deadline consumer shall be entitled to rescind the contract.
Consumer shall be entitled to rescind the contract without setting a second deadline if
Seller refuses to perform the contract or
In the meaning of the parties’ agreement or based on the obvious purpose of the service the contract should have been performed at a time no other than previously specified.
6.4. Personal collection: seller does not ensure personal collection of the products. Products may be ordered only using home delivery.
7. Right of rescission
The provisions of the present section shall be applicable exclusively to natural persons acting outside of his or her profession, independent occupation, or business purchasing, ordering, receiving, making use of, utilising a product or to the addressee of any commercial communication, or proposal associated with such product (hereinafter in the present section: consumer).
Consumer shall, in the event of a contract aimed at sale/purchase of the product in the meaning of paragraph (2) of article 20 of government decree 45/2014 (ii.26.) Korm. On the detailed rules of contracts between consumer and the business be entitled to rescind the contract with no reason given within fourteen (14) days of
- accepting the merchandise,
- in the event of delivering several items of the merchandise: the day on which the product was last delivered,
- in the event of a product consisting of several items or pieces: the day on which the last item or piece was delivered,
- in the event that the product must be delivered regularly over a set period of time: the day on which the first service event is received by consumer or a third person appointed by consumer other than the delivery person.
Consumer may exercise his or her right of rescission also during the period between concluding the contract, and accepting the merchandise.
In the event that consumer wishes to exercise his or her right of rescission, they must forward his or her clear statement to seller concerning his or her intention to rescind (by conventional mail or electronic mail), making use of the contacts provided in paragraph 1.1 of the present general contracting terms (Gtc). Consumer may, for that purpose, use the rescission form available on the following link:
In the event of a written rescission it must be regarded as exercised within the deadline if consumer sends his or her statement to that end to seller within 14 calendar days (including calendar day 14). If notification is given by conventional mail: the date of putting the letter in the mail, and if by email: the sending time of such email shall be taken into account by seller upon determining if notification took place within the deadline. Consumer shall mail his or her notification as registered mail printing the order id no. And the client’s name legibly on the envelope to ensure that the date of mailing is credibly documented. In the event of rescission consumer must re-send the product ordered to seller without undue delay (but no later than within 14 days of communicating the intention to rescind to the following address. The deadline shall be regarded observed if consumer sends the product (i.e. They put in the mail or hand it over to the courier service ordered for the purpose) prior to the expiry of the 14-day deadline.
The burden of proving that exercising his or her right of rescission complied with the provisions of paragraph 7 shall lie with the consumer. In each case seller shall confirm receipt, by email, of consumer’s statement concerning consumer’s intention to rescind without delay.
The costs of returning the product to seller’s address shall be borne by consumer.
If the package is returned by cash on delivery seller will not receive is. In a rescission process consumer incurs no cost other than that of returning the product.
If consumer lawfully rescinds the contract seller shall, with immediate effect, but no later than within 14 days of receipt of consumer’s statement of rescission repay all compensation paid by consumer including transportation costs (paid for delivery) except for extra costs incurred by consumer selecting transportation options other than the cheapest, common option offered by seller. Seller shall be entitled to withhold such repayment until the earlier of returning the product to them or presenting credible documentation by consumer of re-sending the product. Seller shall take into account the earlier of the two events.
Seller shall use the payment method of bank transfer to the bank account associated with the bank card used in placing the order.
If consumer expressly requires a payment method other than the above, consumer must not incur any extra cost as a result of seller’s use of that other mode of repayment. Consumer may be held liable for any depreciation in the value of the product in the event that such depreciation results from use not in accordance with the nature or features of the product or inappropriate packaging (packaging seen upon delivery of the product shall be used as reference for appropriate packaging).
Seller shall be entitled to claim compensation for loss or for reasonable costs incurred through such depreciation caused by use not in accordance with the nature or features of the product or inappropriate packaging.
Consumer shall not be entitled to the right of rescission:
- if the product is not pre-produced, but produced by seller on the basis of instructions or upon express request of consumer, or
- if the product has been clearly tailored to consumer’s person.
if product has a sealed packaging which cannot be returned following post-acceptance opening for reasons of health protection or hygiene.
8. Warranty
8.1. Implied warranty
In the event of faulty performance by seller buyer may exercise implied warranty against the business pursuant to the provisions of act v of 2013 on the civil code. If a consumer contract has been concluded the buyer qualifying as consumer may exercise his or her warranty within a limitation period of 2 years from the date of acceptance for all defects of the product that existed at the time the product was delivered. Buyer cannot exercise his or her implied warranty beyond the two-year limitation period. In the event of a contract concluded with an entity other than a consumer buyer may exercise his or her implied warranty within a limitation period of 1 year of acceptance date.
Buyer may, at his or her own discretion, exercise the following types of implied warranty: he or she may require repairs or replacement except if buyer’s choice among these is impossible to perform or if, delivering that choice the business would incur disproportionately high extra costs compared to the other option. If buyer did not or could not request either repairs or replacement, then they may request a proportionate lowering of the compensation, or buyer may also repair the defect or have the defect repaired by a third party at the business’ cost, or may ultimately rescind the contract.
Buyer may switch from the type of implied warranty initially selected to another, however, the costs of such switch-over shall be borne by buyer unless it was justified or if seller necessitated such switch-over. Buyer must report the defect immediately following its realisation but no later than two (2) months following such realisation. Buyer may exercise his or her implied warranty directly against seller. In the event of a defect highlighted six months following performance (i.e. Following delivery, or acceptance) it must be assumed that such defect had existed at the time of delivery except if such assumption is irreconcilable with the nature of the defect or the character of the product. Seller shall be exempted from under such warranty obligation if he or she disproves that assumption, i.e. If he or she manages to prove that such defect of the product occurred after acceptance by buyer. Thus seller need not grant buyer’s claim if he or she manages to present adequate evidence that the cause of the defect is use of the product not in accordance with its purpose. However, following six months the burden of proof reverses, and buyer must prove that the defect was already present at the time of the delivery.
8.2. Product warranty
Product warranty may arise exclusively in the event of a defect of a movable property items (products). In such a case a buyer qualifying as a consumer may exercise either his or her right specified in paragraph 8.1. Or his or her product warranty to be decided in his or her own discretion. Under product warranty the buyer has two options: repairs or replacement of the faulty product. A product qualifies as faulty if it fails to comply with quality standards applicable upon marketing or if it falls short of the features described in the product brochure provided by the producer. Buyer has two (2) years to exercise his or her product warranty from the date the product was marketed by producer. When that deadline expires buyer shall lose that right. Buyer may exercise his or her product warranty exclusively against the producer of the movable property item. In exercising product warranty buyer must prove the defect of the product.
Producer shall be exempted from under product warranty if he or she manages to prove that:
- they did not produce and/or sell the product as part of his or her regular business activity, or
- the current state of science and technology provided no means of recognising the defect at the time of the sale, or
- the defect of the product originates from complying with a statutory regulation or a regulation by an authority.
It is sufficient for producer to prove any one of the above.
Implied warranty and product warranty shall not be claimed for the same defect simultaneously, in parallel processes. However, in the event of successfully claiming product warranty buyer may exercise his or her right to implied warranty against producer with regard to the replaced product, and / or the repaired part.
8.3. Guarantee
If the product is subject to government decree 151/2003 (ix.22.) Korm. On statutory guarantee applicable to certain durable consumer goods, then that decree provides the regulations regarding guarantee. The (objective) scope of the decree includes only products sold in Hungary under a consumer contract, and listed in the appendix to the decree.
In regard to the durable consumption goods listed in the appendix of the government decree statutory guarantee shall be 1 year beginning on the day on which the product was delivered to buyer qualifying as consumer. Seller shall be exempted from his or her guarantee obligation if he or she manages to prove that the defect emerged following delivery. Guarantee rights may be exercised exclusively by buyers qualifying as consumers. The defect shall not be subject to guarantee if its cause arose following handover of product to buyer, so e.g. If it was caused by:
- use not in accordance with its purpose, ignorance of instructions in the user manual,
- inappropriate storage, inappropriate handling, vandalism,
- natural disaster, act of god,
- unprofessional installation (except if the product was installed by seller or a person appointed by seller, and/or if such unprofessional installation is ascribable to an error in the users instructions).
If a defect is subject to guarantee, buyer may:
- primarily – in his or her discretion – require repairs or replacement except if buyer’s choice among these is impossible to perform or if the business would incur disproportionately high extra costs compared to the other option in the light of the value of the product when free of defects, the weight of the breach of contract, and the harming of buyer’s interest through granting the guarantee claim.
- if buyer did not or could not request either repairs or replacement, he or she may request a proportionate lowering of the compensation, or buyer may also repair the defect or have the defect repaired by a third party at the business’ cost, or may ultimately rescind the contract.
- if seller did not agree to either the repairs or the replacement within the deadline in line with his or her obligation, or cannot perform either observing buyer’s (user’s) interests, or if user’s interest in repairs or replacement ceased, buyer may in its discretion request a proportionate lowering of the purchase price, or buyer may also repair the defect or have the defect repaired by a third party at seller’s cost, or may ultimately rescind the contract. Seller shall not rescind on account of a negligible defect.
If buyer exercises the guarantee claim within 3 working days of purchase, seller may not refuse such claim on the grounds of disproportionate extra costs, but must replace the product assuming that the defect hinders use in accordance with the product’s purpose.
Seller must complete the repairs or the replacement no later than fifteen days except if the nature or the features of the product necessitate a longer period to complete such repairs or replacement. Guarantee rights may be exercised by presenting the guarantee certificate. In the event of failure to provide consumer with a guarantee certificate the conclusion of the contract shall be regarded documented if consumer presents the record proving payment of the price – i.e. An invoice issued pursuant to the act on the value added tax or a receipt. In that case the rights originating from guarantee may be exercised using the record proving payment of price.
Buyer may exercise his or her guarantee vis-à-vis seller. Costs associated to performing the guarantee related obligations shall be borne by seller. However, buyer shall not exercise his or her right to both implied warranty and guarantee or both product warranty and guarantee on account of the same defect simultaneously in parallel processes. Regardless of these restrictions buyer shall have his or her guarantee related rights independently from his or her entitlements established in paragraphs 8.1. And 8.2. That means that guarantee does not concern the exercise of buyer’s rights deriving from a statutory regulation including in particular implied, and product warranty, and/or damage compensation. In the event of a dispute between the parties that they are unable to settle amicably buyer may initiate mediation proceedings pursuant to the provisions of section 9.
8.4. Exercising warranty and guarantee
Buyer shall announce his or her warranty claims by sending his or her relevant statement to the addresses given in section 1.
The retail customer service is competent in registering buyers’ claims, and, following accepting the product subject to the claim, also in investigating, and deciding the claim. Assessment of the well-foundedness of the warranty, or guarantee claim, and making the related decision, and communicating it shall in each case be the duty of seller’s retail customer service observing deadlines, and administrative procedures provided in applicable legislation.
Consumer (buyer) specified in the civil code has the right to report quality complaints; that right is associated to exercising warranty and guarantee in regard to the product purchased. Information concerning warranty and guarantee is given in paragraphs 8.1., 8.2., and 8.3. Of the present document.
Place and manner of reporting claims:
- by conventional mail: buyer must send the product to seller in a packaging offering protection against damage and breakage along with documents proving the purchase, preferably by recorded delivery, but at least registered mail (to make it traceable) to the address given in section 1. In reporting his or her claim buyer must clearly indicate the settlement method (repairs, replacement, lowering of price, rescission) available in the event of a complaint described in paragraph 8.3., and preferred by buyer. In quality complaint matters seller’s competent staff member shall, immediately following arrival of package by mail, create the protocol titled ‘protocol of consumer’s quality complaint’ whose content shall comply with the requirements stated in the applicable provisions of decree 19/2014 ngm.
Seller shall send a written, substantial response to buyer within 5 working days of creating the protocol of the quality complaint as required by applicable legislation. The protocol of the quality complaint sent by mail shall be registered by the competent staff member of the retail customer service on the day of receipt at seller’s registered office. The 5-day deadline begins following the creation of the protocol.
If the competent staff member of seller finds the quality complaint presented by buyer as well-founded, they will grant it along with the settlement method requested, and shall, within 15 days of the written decision made concerning the quality complaint send the product now defect-free through repair or replacement, to the postal address previously given by buyer at seller’s cost where the package may be collected during working hours. In the event of a well-founded complaint seller must reimburse buyer on latter’s postage.
Seller shall forward his or her substantial, written decision on the quality complaint along with a reasoning section giving clear, reasons formulated in plain language to buyer. If the document describing the substantial decision contains reference to legislation, the summary of the purpose of that legislation must also be added in addition to specifying the piece of legislation in question. If the guarantee or warranty claim is refused or the statutory deadlines available for responding (5 working days in the event of consumer’s (quality) complaint, and 30 days in the event of oral or written complaint) expires inconclusively buyer may turn to bodies, and/or authorities specified in paragraph 9.2.
9. Enforcement of rights
9.1 place, time, and mode of handling complaints
Complaint: a complaint is any objection concerning the activity of seller’s webshop, the products, services ordered there or a related omission concerning which buyer clearly and specifically requests seller’s action. Seller requests his or her buyers to report possible complaints at one of the contacts listed in section 1 rather than turning to a different body or authority already as a first step.
If buyer seeks seller’s general information, views or position concerning the operation of the webshop or products available for order it shall not qualify as complaint.
Complaints shall be reported in the following manner, and to the following address:
Written complaint:
by conventional mail: Keringatlan Kft. 1025, Budapest Palatinus utca 1. Hungary
Complaints handling: seller registers all complaints with special attention to the protection of personal data. Personal details collected serve the exclusive purpose of identification, and will not be used for other data collection. Details of buyer submitting the complaint shall be handled by seller in compliance with act cxii of 2011 on informational self-determination and freedom of information.
Keeping file of the complaint: seller shall keep complaints received in accordance with standardised principles. The filing system must be designed to ensure that the date of responding can be clearly determined.
Investigating the complaint: investigating of the complaint is free of charge, and is based on all the relevant circumstances. The language of investigating the complaint is the Hungarian language. No employee of seller who took part in the disputed, objected action, related administrative procedures, or investigation may participate in the decision making associated with the complaint.
the process, and deadline of complaints handling:
Written complaint:
E-mail: complaints sent by email shall be answered by seller’s retail customer service: store@ajka-crystal.com
Deadline for responding is 30 days
Conventional mail: complaints sent by conventional mail shall also be answered by seller’s retail customer service: Keringatlan Kft. 1025, Budapest Palatinus utca 1. Hungary
Deadline for responding is 30 days
In quality complaint (i.e. Product related complaint) cases a protocol titled ‘protocol of handling consumer’s warranty and guarantee claims concerning items sold pursuant to decree 19/2014. (iv.29.) Ngm’ must be created. The most recent regulation concerning the content of the protocol is provided by decree 19/2014. (iv.29.) Ngm’.
‐ communicating the decision related to complaint handling: seller shall forward his or her substantial written decision on the quality complaint with a reasoning section giving clear reasons formulated in plain language to buyer. If the document describing the substantial decision contains reference to legislation, the summary of that legislation must also be added in addition to specifying the piece of legislation in question.
If the complaint is refused or the statutory deadlines available for assessment (5 working days for consumer complaint, and 30 days for written complaint) expire inconclusively buyer may turn to the bodies, and/or authorities specified in paragraph 5.2.
In regard to response deadlines the reference time zone is Central European Time (CET).
9.2. Further options of buyer to enforce rights
9.2.1. If there is a legal dispute between seller and buyer, which fails to resolve (e.g. In the event of refusal) in the course of dialogue with seller and the complaints handling procedure described in detail in paragraph 9.1 buyer qualifying as consumer may turn to the mediation body competent on the basis of his or her permanent or temporary address, and initiate proceedings of such body, and may also seek the assistance of the mediation body competent on the basis of seller’s registered office, and may, additionally, have the following options open to buyer to enforce his or her rights:
Initiating proceedings by mediation body:
Contact of mediation bodies: https://www.bekeltetes.hu/index.php?id=testuletek
If seller refuses buyer’s complaint or buyer is dissatisfied with seller’s decision, former shall be entitled to seek assistance from the mediation body competent on the basis of his or her permanent or temporary residence. A condition to commencing the proceeding of the mediation body is that buyer should previously attempt settling the disputed case directly with seller. Out-of-court settlement of the dispute falls in the competence of the mediation body.
The task of the mediation body is to attempt achieving agreement between seller and buyer with the aim of settling the commercial dispute. The mediation body’s proceeding begins at the request of the consumer (buyer). Such request must be submitted in writing to the chairperson of the mediation body.
The mediation body’s proceeding is free of charge.
The mediation body competent based on seller’s registered office is the Budapest mediation body.
The following are the contacts of the Budapest mediation body:
- registered office: 1016 Budapest, Krisztina krt. 99. Iii. Em. 310.
- correspondence address: 1253 Budapest, p.o. Box: 10.
- e‐mail: bekelteto.testulet@bkik.hu
- facsimile: +36 (1) 488 21 86
phone: +36 (1) 488 21 31
Seller shall be obliged to cooperate with the mediation body’s proceeding. For the purposes of the regulations applicable to the mediation body all non-governmental organisations, churches, condominiums, housing associations, micro- and medium sized enterprises listed in a different piece of legislation that either purchase, order, receive, making use of or use a product or are addressees of commercial communication shall qualify as consumers.
9.2.2. Dispute resolution through the European union’s online dispute settlement platform is available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=hu
In the event of a dispute associated to an online sales-purchase contract it is possible for consumers to resolve their domestic or even trans-border disputes related to an online purchase electronically by first entering the complaint electronically through the online platform accessible via the above link. That only requires registration on the online platform using the above link, and completion of each box of an application form, and sending it electronically to the Budapest mediation body through the platform. This is how consumers may gain effect to their rights in a simple manner despite major distances.
Should you have any further questions concerning trans-border online dispute resolution the Budapest mediation body can provide detailed information. The contacts of the Budapest mediation body are given in paragraph 9.2.1.
9.2.3. Filing complaints with the consumer protection authority
If buyer notices that his or her rights have been infringed (thus especially that he or she has received no or not a substantial response from seller within the deadline to his or her complaint filed in writing or orally, or if seller has deceived consumer, or has committed any other breach of law of consumer protection), he or she shall be entitled to the consumer protection division of the district government office competent on the basis of his or her permanent or temporary address.
Following assessing the complaint the authority shall decide on whether to proceed with the consumer protection proceeding. The contacts of the consumer protection authority of the district government competent based on seller’s registered office is as follows: 12th district government office regulatory department of the regulatory division i.(1126 Budapest, Kiss János Altábornagy u. 31-33/a., phone: +36-1-896-5274, e‐mail: fogyasztovedelem@12kh.bfkh.gov.hu
List of all regional authorities : https://jarasinfo.gov.hu/jarasok-lista
9.2.4. Initiating judicial proceedings
Pursuant to act v of 2013 on the civil code, and act cxxx of the 2016 on civil procedure buyer shall be entitled to gain effect to his or her claim arising from a consumer dispute in court, in a civil lawsuit.
10. Other terms of using the webshop
10.1. Liability
Buyer shall use the webshop exclusively at his or her own risk, and accepts that seller shall assume no liability for any and all material and non material damage or loss occurring during use beyond liability for intentional breach of contract damaging human life, physical integrity, or health. Seller excludes all responsibility for behaviour of webshop users. Buyer shall ensure that while using the webshop he or she does not harm the interests of third parties’ or contravene legislative provisions either directly or indirectly. Buyer shall assume full and exclusive liability for his or her behaviour. In such situations seller shall fully cooperate with authorities involved in investigating infringements.
Seller may but is not obliged to check content possibly made accessible by users in the course of using the webshop; in regard to content publicly available seller may but is not obliged to search for signs indicative of illegal activity. Pages of the service may contain links that point to pages of other providers. Seller shall not be liable for data protection practices or other activities of such other providers. Due to the global nature of the internet buyer accepts that he or she must act in compliance with applicable national jurisdictions. If any activity related to the use of the webshop should be illegal in accordance with the jurisdiction of the state where the buyer resides, buyer shall be exclusively liable for such use. If buyer notices any objectionable behaviour on the surface of the webshop they shall inform seller thereof without delay. If, in the ensuing investigation seller finds such information valid they shall be entitled to delete or modify that information without delay.
10.2. Copyright
The entire webshop with all its graphic elements, and technical solutions as well as the various elements of the service shall be subject to copyright protection or other rights associated to other intellectual property (thus especially trademark protection). Seller is the copyright owner of any and all content on the webshop surface, and the content displayed in the course of providing any services available through the webshop, i.e. Any proprietary works or other intellectual property (including but not limited to all graphics, and other material, the layout, and design of the webshop software and other solutions, ideas and their implementation). Saving the content of the webshop or any of its parts on a physical or other storage device or printing them for private purposes is permitted exclusively subject to seller’s prior written consent.
Use beyond private use – e.g. Storage in databases, forwarding it, making it public or publicly downloadable, marketing it – is also permitted exclusively subject to seller’s prior written consent.
Beyond rights specifically listed in the present Gctc neither the mere use of the webshop or any provision of the Gctc shall grant buyer the right of using and/or benefitting in any way from any commercial name or trademark displayed on the webshop. These pieces of intellectual property must not be used or benefitted from in any manner without seller’s prior written consent other than the way they appear during normal use, and their temporarily multiplication as required by such normal use, or when copies are made for private purposes. Seller reserves all his or her rights to any and all elements of its services with special regard to the https://ajka-crystal.com domain name, the related sub-domains, and all other domain names reserved by seller including his or her online advertisement surfaces.
All activities aimed at listing, systemising, archiving, hacking seller’s database or decrypting its source codes except if expressly authorised by seller.
It is prohibited to modify, copy, upload data into or overwrite data in seller’s database by by-passing the search engines or the surfaces made available by seller without special agreement or without taking advantage of the service serving that specific purpose.
10.3. Custom / practice
Previous custom and practice crystallised in seller’s and buyer’s business relations does not form part of the contracts concluded on the basis of the present Gctc. Practices widely known and used by parties to similar contracts in the given industry similarly do not form part of contracts concluded on the basis of the present Gctc. The present Gctc as well as the information available on the website along with other information constitute the full contract between seller and buyer.
10.4. Operation of digital data content, technical protection measures, compatibility of hardware and software
The webshop works with all kinds of browsing software and operating systems. The webshop communicates through https protocol. Communication over the website is not encrypted.
Seller reserves the right of suspending or permanently discontinuing access to any of the functions by all buyers including in particular network segment, user name, email, address, etc.
11. Jurisdiction
Questions not regulated in the present Gctc, and the construal of the present Gctc shall be subject to the jurisdiction of Hungary, with special regard to the following:
‐ act v of 2013 on the civil code (‘PTK’)
- act cviii of 2001 on certain aspects of electronic commerce and information society services
‐ government decree 45/2014 (ii. 26.) Korm. On the detailed rules of contracts between consumer, and the business
- directive 2011/83/eu of the European Parliament, and of the council on consumer rights
Binding provisions of applicable legislation shall apply to the parties even if not specifically stated.
12. Data management:
To ensure fast and accurate delivery of orders, seller applies electronic data processing during which he or she fully observes buyers’ privacy, and legislative provisions applicable to data protection, and data security.
Unless expressly approved for a specific purpose (including, in particular sending of direct mail), data collection takes place to ensure and improve seller’s services, i.e. Delivery of orders (notification thereof), certification of completion, delivery, and compliance of orders, handling of possible complaints, ensure invoicing, and documentation of contracts already concluded.
If buyer voluntarily agrees in a special statement that the data he or she provided should be used to send direct mail (dm) messages (i.e. Promotion/advertisement) either by conventional mail, text message or email, then the purpose of data handling is to send such messages.
The set of the data handled (of which only the data selected by the person concerned will be disclosed) are as follows: name, maiden name, mother’s name, permanent residence, telephone no., correspondence address, e-mail.
Seller shall not and may not use personal data for purposes other than those specified in the present Gctc. Personal data shall be disclosed to third parties or authorities exclusively subject to prior express permission of the party concerned.
13. Unilateral amendment of general contracting terms and conditions
Seller shall be entitled to amend the present general contracting terms and conditions even unilaterally following previously notifying buyers on the webshop surface. Buyer shall accept such amended terms and conditions on a part of the webshop surface specially used for that purpose. If buyer should fail to accept them, they may not continue using the website.
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