General terms and conditions

 

This document will not be filed, it will be concluded only in electronic form, it is not considered a written contract, it is written in Hungarian, and it does not refer to a code of conduct. If you have any questions about the operation of the webshop, the ordering and delivery process, we are available at the contact details provided.

The scope of this Terms and Conditions covers the legal relationships on the Service Provider's website (http://www.panoramafatas.hu and its subdomains. This Terms and Conditions is continuously available from the following website: http://www.panoramafatas.hu/aszf

 

1. Service provider details:
   
   Name of the service provider: Proathlon Trading and Service Bt

The registered office of the service provider (and also the place of complaint handling):  H-1126 Budapest, Tartsay Vilmos utca 24. III./3.

Contact of the service provider,
email address: info@panoramafatas.hu
His phone number is +36 30 452 7449

Company registration number: Cg 01-06-746301

Tax number: HU 21133208-2-43
Bank account number: 12010374-00146880-00100006

Name of registering authority: Budapest Capital City Company Court

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1. Basic provisions:

 

2.1. Questions not regulated in these Regulations, as well as the interpretation of these Regulations, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code ("Ptk") and Act 2001 on certain issues of electronic commercial services and services related to the information society. CVIII of . (Elker. tv.) Act and 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) to the relevant provisions of Government Decree. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.

 

2.2. These Regulations will remain in effect until revoked. The Service Provider is entitled to unilaterally modify the Regulations. The Service Provider will publish the amendments on the website 11 (eleven) days before their entry into force. By using the website, users accept that all regulations related to the use of the website automatically apply to them.

 

2.3. If the User enters the website operated by the Service Provider or reads its content in any way - even if he is not a registered user of the website, he acknowledges that the provisions of the Regulations are binding on him. If the User does not accept the conditions, he is not entitled to view the content of the website.

 

2.4. The service provider reserves all rights regarding the website, any part of it and the content appearing on it, as well as the distribution of the website. The downloading, electronic storage, processing and sale of the contents appearing on the website or any part thereof is prohibited without the written consent of the Service Provider.

 

1. Registration/Purchase

 

3.1. By purchasing/registering on the website, the user declares that he/she has read and accepts the terms of these Terms and Conditions and the Data Management Information published on the website, and consents to data management.

 

3.2. During the purchase/registration, the user is obliged to provide his own real data. In case of untrue data provided during the purchase/registration or related to another person, the resulting electronic contract is null and void. The Service Provider excludes its responsibility if the User uses its services on behalf of another person, with the data of another person.

 

3.3. The Service Provider shall not be held responsible for delivery delays or other problems or errors that can be traced back to wrongly and/or inaccurately provided data by the User.

 

3.4. The Service Provider shall not be held liable for damages resulting from the User forgetting his or her password, or if it becomes accessible to unauthorized persons for any reason not attributable to the Service Provider.

 

1. Range of products and services available for purchase

 

4.1. The displayed products can only be ordered online. The prices displayed for the products are in HUF and include the statutory VAT, but do not include the home delivery fee. No separate packaging costs will be charged.

 

4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products. The images displayed on the product data sheet may differ from the real ones and may be used as illustrations. We are not responsible for the difference between the image displayed in the webshop and the actual appearance of the product.

 

4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.

 

4.4. If, despite all the care taken by the Service Provider, an incorrect price is displayed on the Web Store, especially with regard to the obviously incorrect, e.g. for a price of HUF "0" or HUF "1" that is significantly different from the well-known, generally accepted or estimated price of the product, or which may appear due to a system error, then the Service Provider is not obliged to deliver the product at the wrong price, but can offer delivery at the correct price, upon knowledge of which the Customer may abandon his intention to purchase.

 

4.5. In the case of an incorrect price, there is a noticeable disparity in value between the real and indicated price of the product, which an average consumer needs to notice immediately. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is created by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract from which rights and obligations arise. Based on this, an order confirmed at an incorrect/wrong price is considered a void contract.

 

1. Order process

 

5.1. User can start shopping without registration.

 

5.2. User sets the number of products to be purchased.

 

5.3. The user places the selected products in the basket. The user can view the contents of the basket at any time by clicking on the "Basket" icon.

 

5.4. If the User wants to add an additional product to the cart, he selects the "continue shopping" button. If you don't want to buy an additional product, check the quantity of the product you want to buy. You can delete the contents of the basket by clicking the "delete - X" icon.

 

5.5. The user selects the delivery address and then the delivery/payment method, the types of which are as follows:

 

Payment method:

 

By bank transfer: The user must transfer the value of the ordered products to the bank account in the confirmation e-mail within 3 days. After the amount has been credited to the Service Provider's bank account, the product(s) will be delivered by post, and the User is entitled to receive them in the manner specified by him.

 

Delivery cost:

 

The shipping cost is HUF 1,500 gross

 

5.6. If there is an error or deficiency in the products or prices in the webshop, we reserve the right to make corrections. In such a case, we inform the customer of the new data immediately after the error is recognized or modified. The customer can then confirm the order once more, or it is possible for either party to withdraw from the contract.

 

5.7. The final amount to be paid includes all costs based on the summary of the order and the confirmation letter. The package includes the invoice, the information on the right of withdrawal, and the guarantee letter. The user is obliged to inspect the package in front of the courier upon delivery, and in case of any damage to the products or packaging, he is obliged to request a report, in case of damage, he is not obliged to accept the package. The Service Provider does not accept subsequent complaints without a protocol! Packages are delivered on working days between 8 a.m. and 5 p.m.

 

5.8. After entering the data, the User can send his order by clicking on the "I confirm the order" button, but before that, he can check the entered data once more, send a comment with his order, or send us an e-mail of any other wishes related to the order.

 

5.9. Correction of data entry errors: Before closing the order process, the user can always go back to the previous phase, where he can correct the entered data.

 

5.10. The user will receive a confirmation by e-mail after sending the order. If this confirmation is not received by the User within the expected deadline depending on the nature of the service, but no later than 72 hours after the User's order has been sent, the User is released from the obligation to make an offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation is not received on time because the User entered the wrong e-mail address during registration, or because the storage space belonging to the account is full, the User is unable to receive messages.

 

1. Processing and fulfillment of orders

 

6.1. Orders are processed during business hours. It is also possible to place the order outside of the times marked as processing the order, if it is done after the end of working hours, it will be processed the following day. The service provider's customer service will always confirm electronically when it can fulfill your order.

 

6.2. General deadline, within 5 working days from confirmation. If the Service Provider and the User have not agreed on the date of performance, the Service Provider is obliged to perform the performance in accordance with the contract at the time or within the time specified in the User's notice, or, in the absence of a notice, no later than thirty days from the receipt of the order by the Service Provider.

 

6.3. If the Service Provider does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to inform the User immediately and refund the amount paid by the User immediately, but no later than within thirty days.

 

6.4. The service provider is not responsible for any changes to the technical specifications and descriptions without prior notice due to reasons beyond the supplier's control. The service provider reserves the right to partially or completely reject orders that have already been confirmed. Partial fulfillment can only take place after consultation with the User!

 

1. Right of withdrawal

 

7.1. Directive 2011/83/EU of the European Parliament and the Council, as well as Regulation 45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Pursuant to the regulation of the Government Decree, the Consumer may withdraw from the contract without giving reasons within 14 days of receiving the ordered product, and may return the ordered product. In the absence of this information, the Consumer is entitled to exercise his right of withdrawal up to 1 year.

 

7.2. The period open for exercising the right of withdrawal expires 14 days after the day on which the Consumer, or a third party indicated by him, other than the carrier, receives the product.

 

7.3. The consumer also exercises his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.

 

7.4. The cost of returning the product must be borne by the consumer, the company did not undertake to bear this cost.

 

7.5. In case of exercising the right of withdrawal, the Consumer will not be charged any costs other than the cost of returning the product, but the Service Provider may demand compensation for material damage resulting from improper use.

 

7.6. The Consumer is not entitled to the right of withdrawal in the case of a non-pre-manufactured product that was produced based on the consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the consumer.

 

7.7.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_   The consumer cannot exercise his right of withdrawal

 

1. in the case of a contract for the provision of services, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the consumer, and the consumer acknowledged that he loses his right of termination after the completion of the service as a whole;

2. with regard to a product or service, the price or fee of which depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the deadline for exercising the right of withdrawal;

3. regarding a perishable product or a product that retains its quality for a short time;

4. with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;

5. with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;

6. with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a way that the company cannot influence, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;

7. in the case of a business contract in which the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;

8. with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;

9. with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;

10. in the case of contracts concluded at a public auction;

11. with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or a service related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;

12. with regard to digital data content provided on a non-physical data carrier, if the business has started performance with the express, prior consent of the consumer, and the consumer has simultaneously declared with this consent that he/she will lose his/her right of withdrawal after the start of performance.

 

7.8. The service provider confirms the return of the product/or the receipt of the cancellation statement in accordance with the above legislation, immediately, but no later than within 14 days, refund the amount paid to the Consumer, including the delivery fee.

 

7.9. During the refund, we use the same payment method as the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.

 

7.10. The consumer is obliged to return the goods without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider, or deliver them to the Service Provider's address.

 

7.11. In the case of written cancellation, the consumer must send the cancellation statement within 14 days.

 

7.12. The consumer complies with the deadline if he returns or hands over the product(s) before the end of the 14-day period.

 

7.13. The consumer bears only the direct cost of returning the product, unless the company has undertaken to bear this cost.

 

7.14. The Service Provider is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider.

 

7.15. The consumer can only be held responsible for the decrease in value of the goods if it occurred due to handling other than that necessary to determine the nature, properties and functioning of the goods.

 

7.16. The Service Provider may withhold the refund until the goods(s) have been returned, or the Consumer has not provided proof that they have been returned: the earlier of the two dates shall be taken into account.

 

7.17. If the Consumer wishes to exercise his right of withdrawal, he may indicate this in writing (using the attached data sheet) or by phone at one of the Service Provider's contacts. In the case of a written notification by post, we take into account the time it was sent to the post, and in the case of a telephone notification, the time it was sent by telephone. In case of notification by post, the Service Provider accepts notification as registered mail or package. You can return the ordered product to the Consumer Service Provider by post or using a courier service.

 

7.18. The consumer must pay special attention to the intended use of the product, because the compensation for damages resulting from improper use is the responsibility of the consumer! Within fourteen days after the return of the product, the Service Provider will refund the purchase price of the product, including the shipping cost, to the bank account number specified by the Consumer.

 

7.19. 45/2014 on the detailed rules of contracts between the consumer and the business. (II.26.) Government decreehereis available.

 

7.20. Directive 2011/83/EU of the European Parliament and of the Councilhereis available.

 

7.21. The consumer can also contact the Service Provider with other complaints at the contact details provided in these Regulations.

 

7.22. The right of withdrawal applies only to Users who qualify as consumers according to the Civil Code.

 

7.23. The right of withdrawal does not belong to the company, i.e. a person who is involved in his profession, independent occupation or business activity.

 

July 24

 

7.24.1.If the Consumer wishes to use the right of withdrawal, he must send the withdrawal statement containing his intention to withdraw to one of the Service Provider's contact details.

 

7.24.2. The consumer exercises his right of withdrawal within the deadline, if he sends his withdrawal statement before the end of the 14th day from the receipt of the product. In case of cancellation in writing, it is enough to send the cancellation statement within 14 days. In the case of notification by post, the date of mailing is taken into account, in the case of notification via email or fax, the time of sending the email or fax is taken into account.

 

7.24.3. In case of cancellation, the Consumer is obliged to return the ordered product to the address of the Service Provider without delay, but no later than within 14 days from the date of notification of cancellation. The deadline is considered met if you send the product before the 14-day deadline (so it does not have to arrive within 14 days). The customer bears the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.

 

7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Consumer also exercises his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.

 

7.24.5. When buying and selling several products, if the individual products are delivered at different times, the buyer may exercise the right of withdrawal within 14 days of receiving the last delivered item or piece in the case of the last delivered product or a product consisting of several items or pieces.

 

1. Warranty, guarantee

 

Accessories warranty

 

8.1. In what cases can the User exercise his accessory warranty right?

 

In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.

 

8.2. What rights does the User have based on his accessory warranty claim?

 

The User may - at his or her choice - make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of other demands. If you did not or could not ask for the repair or replacement, you can request a proportional reduction of the compensation, or the user can repair the defect at the company's expense, or have it repaired by someone else, or - as a last resort - withdraw from the contract. You can switch from your chosen accessory warranty right to another one, but the cost of the switch is borne by the User, unless it was justified or the company provided a reason for it.

 

8.3. What is the time limit for the User to assert his accessory warranty claim?

 

The user is obliged to report the error immediately after its discovery, but no later than within two months from the discovery of the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract.

 

8.4. Who can you enforce your accessory warranty claim against?

 

The User can enforce his accessories warranty claim against the Service Provider.

 

8.5. What other conditions are there for asserting your accessory warranty rights?

 

Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim beyond the notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after six months from the date of performance, the User is obliged to prove that the error recognized by the User was already present at the time of performance.

 

Product warranty

 

8.6. In what cases can the User exercise his product warranty right?

 

In the event of a defect in a movable object (product), the User may - at his or her choice - enforce a warranty claim for accessories or a product warranty.

 

8.7. What rights does the User have based on his product warranty claim?

 

As a product warranty claim, the User may only request the repair or replacement of the defective product.

 

8.8. In which case is the product considered defective?

 

The product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.

 

8.9. In what time frame can the User enforce his product warranty claim?

 

The User may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.

 

8.10. Against whom and under what other conditions can you enforce your product warranty claim?

 

You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. The User must prove the defect of the product in the event of a product warranty claim.

 

8.11. In what cases is the manufacturer (distributor) exempt from product warranty obligations?

 

The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:

– the product was not manufactured or marketed as part of its business activities, or

- the defect was not recognizable according to the state of science and technology at the time of placing it on the market or

- the defect of the product results from the application of legislation or mandatory official regulations.

It is sufficient for the manufacturer (distributor) to prove one reason for exemption.

Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.

 

Warranty

 

8.12. In what cases can the User exercise his accessory warranty right?

 

151/2003 on the mandatory warranty for certain consumer durables in case of faulty performance. (IX. 22.) Based on government decree, the Service Provider is obliged to provide a guarantee.

 

8.13. What rights are the user entitled to under the warranty and within what time frame?

 

The warranty period is one year. The warranty period begins on the day the consumer product is handed over to the consumer, or if the distributor or his representative performs the commissioning.

 

8.14. When is the company released from its warranty obligation?

 

The Service Provider is exempted from its warranty obligation only if it proves that the cause of the defect arose after performance. We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, otherwise, the User is entitled to the rights arising from the warranty regardless of the rights described in the product and accessory warranty chapters.

 

8.15 The service provider is not liable for any warranty or guarantee for damages resulting from natural wear and tear, as well as damage caused by faulty or negligent handling after the risk of damage has passed, excessive use, impacts other than those specified, or other non-intended use of the products.

 

1. Procedure in the event of a warranty claim

 

9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the regulation to the detriment of the consumer.

 

9.2. It is the consumer's duty to prove the conclusion of the contract (with an invoice or even just a receipt).

 

9.3. The costs related to the fulfillment of the warranty obligation are borne by the Service Provider (§ 6:166 of the Civil Code).

 

9.4. The Service Provider is obliged to take a record of the consumer's reported warranty or guarantee claim.

 

9.5. A copy of the protocol must be made available to the consumer immediately and in a verifiable manner.

 

9.6. If the Service Provider is unable to make a statement on the fulfillment of the consumer's warranty or guarantee claim when reporting it, it must notify the consumer of its position - in the case of rejection of the claim, the reason for the rejection and the possibility of turning to the conciliation body - within five working days, in a verifiable manner.

 

9.7. The Service Provider is obliged to keep the protocol for three years from the date of its recording and to present it at the request of the inspection authority.

 

9.8. The Service Provider must endeavor to carry out the repair or replacement within a maximum of fifteen days

 

1. Miscellaneous Provisions

 

10.1. The service provider is entitled to use a contributor to fulfill its obligations. You are fully responsible for its illegal behavior, as if you had committed the illegal behavior yourself.

 

10.2. If any part of these Regulations becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts will not be affected.

 

10.3. If the Service Provider does not exercise its right under the Regulations, the failure to exercise the right cannot be considered a waiver of that right. A waiver of any right is only valid if expressly stated in writing. The fact that the Service Provider does not strictly adhere to an essential condition or stipulation of the Regulations on one occasion does not mean that it renounces to insist on strict compliance with the given condition or stipulation in the future.

 

10.4. The Service Provider and the User try to settle their disputes amicably.

 

1. Complaint handling procedure

 

11.1. The aim of our store is to fulfill all orders in good quality, with the complete satisfaction of the customer. If the User still has any complaints regarding the contract or its performance, he can communicate his complaint to the above telephone number, e-mail address, or by letter.

 

11.2. The service provider examines the verbal complaint immediately and remedies it as necessary. If the customer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the Service Provider will immediately record the complaint and its position on it, and hand over a copy of it to the customer.

 

11.3.  The Service Provider shall respond in writing to the written complaint within 30 days. He gives reasons for his position rejecting the complaint. The record of the complaint and a copy of the response will be kept by the Service Provider for five years and presented to the inspection authorities upon their request.

 

11.4. We would like to inform you that if your complaint is rejected, you can initiate the procedure of an official or conciliation body with your complaint, as follows:

 

11.5. The Consumer can file a complaint with the consumer protection authority:

 

387/2016 on the appointment of the  consumer protection authority. (XII. 2.) According to government decree , the district office or the district office according to the county seat acts in the first instance, and the Pest County Government Office acts in the second instance with national competence. Contact details of the district offices:http://jarasinfo.gov.hu

11.6.      A Fogyasztó panasza esetén lehetősége van békéltető contact the board, whose contact details can be found here:

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Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Telephone number: (1) 488-2131

Fax number: (1) 488-2186

E-mail address: bekelteto.testulet@bkik.hu;

 

 

11.7. The  conciliation board is responsible for settling consumer disputes out of court. A  békéltető testület feladata, hogy megkísérelje a  fogyasztói jogvita rendezése céljából egyezség létrehozását a  felek között, ennek eredménytelenség esetén az_cc781905-5cde-3194 -bb3b-136bad5cf58d_ makes a decision in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. A békéltető testület a fogyasztó vagy a Szolgáltató kérésére tanácsot ad a fogyasztót megillető jogokkal és a_cc781905-5cde-3194- bb3b-136bad5cf58d_in relation to obligations imposed on the consumer.

 

11.8. In the event of a cross-border consumer dispute related to an online sales or online service contract, the procedure is solely the responsibility of the conciliation body operating under the capital chamber of commerce and industry.

 

11.9. The service provider has an obligation to cooperate in the conciliation board procedure. As part of this, you must send your response to the conciliation board and ensure the participation of the person authorized to establish a settlement at the hearing. If the company's seat or location is not registered in the county of the chamber that operates the territorially competent conciliation body, the company's obligation to cooperate extends to offering the possibility of concluding a written agreement that meets the consumer's needs.

 

1. Data protection

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The website's data management information is available on the following page: http://www.panoramafatas.hu/adatvedelem