Terms of service
Regarding the use of www.balazskata.hu webshop
Please read this document carefully before using the webshop and finalizing your order.
We inform you that by finalizing your order, you accept the contents of these General Terms and Conditions (hereafter GTC).
The purpose of this information is for the data controller / seller to provide users of the website with information on the process of purchasing their products.
Please feel free to contact us if you have any questions related to the operation of the webshop, or the ordering and delivery process.
This GTC is valid from 1 June 2021 and will remain in force until revoked. Jewellery maker
Katalin Balázs founder of Balázs Katalin e.v. is entitled to unilaterally amend the GTC, which she will publish as amendments on the website before they enter into force.
SELLER:
Balázs Katalin e.v. - Limited Company
Registered address: 7478 Bárdudvarnok, Kaposdada ltp. 482/12.
Registration number: 50273940
Tax number: 75101945-1-34
E-mail: info@balazskata.hu Phone: +36 70 338 2441
Account details:
Bank: OTP Bank Nyrt.
Account name: Balázs Katalin e.v.
Account Number: 11773432-01307317-00000000
IBAN: HU57 1177 3432 0130 7317 0000 0000
SWIFT kód: OTPVHUHB
WEBHOSTING - DATA PROCESSOR:
Name: Shopify Inc.
Registered address: 150 Elgin St, Suite 800, Ottawa, ON, K2P 1L4, Kanada
Phone: +18883290139
E-mail: support@shopify.com
RELEVANT LEGISLATION
Issues not stipulated in this GTC and the interpretation of this GTC are governed by the rules of Hungarian law, in particular:
- Act V. of 2013 on the Civil Code
- CLV. of 1997 of the consumer protection law
- Act LXXVI. of 1997. of the Copyright law
- Act CXX. of 2011. of the right of information, self-determination and freedom of information law
- CVIII. of 2001. of certain issues of electronic commerce services and
information society services law
- 45/2014. of the detailed rules of contracts between a consumer and a supplier (II. 26.) Government Decree
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC Data
Protection Regulation, GDPR)
- 19/2014. on the rules of procedure for the handling of warranty and guarantee claims for things sold under a contract between a consumer and a business (IV.29.) NGM decree
PURCHASE REGISTRATION
Pre-registration is not required to order the products.
In order to register, the buyer is required to provide the following data:
- name
- password
- e-mail address
The customer will receive an automatic email confirmation of the registration.
If the customer has forgotten their password, they can request a password reminder by email.
The customer is required to provide the following information during the order:
- name
- address (shipping and billing)
- phone number
- e-mail address
- other data and information provided by the customer
If the purchaser is a company, the following information is also required:
- company name
- registered office address
- phone number
- e-mail address
- tax number
- other data and information provided by the customer
Please provide the company's tax number on the basis of mandatory legal provisions from 1 July 2020!
Buyers have the option to register via their Facebook account. You can view Facebook's privacy policy by clicking on the following link:
https://www.facebook.com/about/privacy
The buyer acknowledges that he / she is obliged to provide accurate data during registration. Once registered, you can log in using your email address and password.
Purchases in the webshop are made by placing an order electronically and receiving the items by home delivery, in the manner specified in detail in this GTC.
By purchasing / registering on the website, the customer declares that he / she has read and accepted the terms and conditions of this GTC and the Privacy policy of the webshop and gives their consent to their data being processed.
By submitting and accepting the order via the webshop, an electronical contractual legal relationship is established between the parties.
The seller is not liable for delivery delays or other problems or errors that can be traced back to incorrect and / or inaccurate data provided by the buyer.
The seller shall not be liable for any damages resulting from the buyer forgetting their password or making it available to unauthorized persons for any reason unless as a result of the seller’s actions.
PROCESS OF THE PURCHASE:
1. Price of the product
The seller Balázs Katalin e.v. informs customers that the prices shown for the products are listed in the consumer’s country’s currency where possible, and includes the tax required by law. Delivery fees are not included until the checkout process.
The seller informs her international customers that she is currently able to fulfil deliveries abroad, in which case the delivery fee is determined individually for the country where the item will be delivered to.
There are no extra packaging costs charged.
In the case of an error or defect in the products or prices in the webshop, the seller reserves the right to make a correction. In this case, she will inform the customer of the new information immediately after recognizing or modifying the error. The user can then confirm the order or withdraw from the purchase.
Promotions
If a special price is introduced, the seller will inform the buyers about the special offer and its exact duration.
Wrong price
If an incorrect price is indicated on the website, in particular the obviously incorrect, e.g. for a price of “0” or “1” forint that differs significantly from the well-known, generally accepted or estimated price of the product, possibly due to a system error, the seller is not obliged to deliver the product at an incorrect price, but may offer purchase at a corrected price, however the buyer retains the right to withdraw his / her intention to purchase.
An incorrect price is considered to be when there is a striking disproportion between the actual and indicated price of the product, which the average consumer should be able to perceive.
Pursuant to Act V of 2013 on the Civil Code (Civil Code), the contract is completed by mutual and unanimous agreement of both parties. If the parties are unable to agree on the terms of the contract, i.e. if there is no statement expressing the will of the parties mutually and unanimously, then there is not a validly concluded contract from which rights and obligations would arise. Based on this, an order confirmed at an incorrect / erroneous price is considered a void contract.
- Displaying products
The customer can click on the product selected on the website to view its description. Detailed information and instructions on the essential properties of each product can be found by clicking on the product. The seller informs the customers on the website about the instructions for use of the product, the observance of which is essential in order to preserve the life of the product.
The images shown on the product data sheet are displayed by the seller are real, with certain images being illustrations in some places, however, given that the seller manufactures individual products, the actual color of the product does not always correspond exactly to reality. The purchaser may not receive the exact item displayed on the website as the item may be slightly different due to the hand made nature of the product.
The seller wishes to inform buyers that each of her products are totally unique and any of the raw materials may be different in some items, but her products are always handmade and bespoke pieces.
- Choosing a product
The product and quantity are selected by clicking on the "add to cart" button.
The product remains in the cart for a period of 24 (twenty four) hours from the time it is placed in the cart and the same type of product is only available to other customers during this period while stocks last, any individual item already in a customer’s cart cannot be placed in another customer's cart.
If you do not complete the purchase, it will be removed from your cart after 24 (twenty-four) hours and will be made available to other customers.
By clicking on the shopping cart button, you will find the products you have placed in the shopping cart, as well as the total cost for all of the items. The buyer has the opportunity to check the quantity and price of the items placed in the cart.
Items placed in the cart can be modified at any time during checkout, customers can correct any errors and misspellings that occur during electronic recording of the entered data.
The total amount of the order is automatically updated when new items are added or removed.
During checkout, the customer can add a comment to their order for personalization purposes.
If a buyer has a comment about delivery, it must be entered as a comment in the delivery section.
- Cancelling an order
You can change your order before shipping is processed. For assistance or enquiries, call +36 70 338 2441,
or write to the following email address: info@balazskata.hu
Please provide the order number from the confirmation email as a reference.
Customer will be charged their standard rate for calling the telephone number above.
- Payment
If the buyer considers the quantity of products in the cart to be correct, has checked the final amount and decided that they want to complete the purchase, then it is necessary to click on the “buy” button.
By pressing the "buy" button, the buyer acknowledges that this action includes an obligation to make payment.
Before completing the ordering process, customers can always return to a previous page to correct any mistakes.
The final amount to be paid includes all costs based on the order.
Ownership of the products to be sold is determined by the Civil Code. 6: 216 (1), it is reserved until full purchase price is paid in full.
To send the order, customers can choose a delivery and billing address, as well as delivery and payment method from the following options:
Payment options:
Account number:
OTP Bank Nyrt.
11773432-01307317-00000000
Bank transfer: The buyer is required to transfer the total amount to the bank account found in the confirmation e-mail within 3 days. After the amount has been credited to seller's bank account, the buyer will receive the products in the manner they have specified.
The purchase is considered to be paid in full if the entire amount arrives at our bank account. Otherwise, we will not be able to deliver the order.
Online credit card: The buyer has the option to pay the total value of their order online with a credit or debit card through the secure payment system of the financial service provider (PayPal, SimplePay) used by the seller.
As the payment is not made on our website, we do not store your card details in any form, it is collected and used exclusively by the bank and only during the actual purchase process.
If you are not redirected from the payment page to the webshop page after your payment, the transaction is considered unsuccessful. If you click on the "Back" or "Refresh" button of your browser on the bank payment page or close the browser window before being redirected back to the store, the payment will be considered unsuccessful.
If you would like more information about the result of the transaction, especially when there have been payment issues, please contact your bank directly for full details.
The following information is required to pay by credit or debit card:
Card number
Expiry date
Security code
6. Processing orders
After full payment, your order will be processed within 3 days.
After ordering, you will receive an automated message.
Once payment clears on the seller’s account, the seller will confirm by email when the order will be fulfilled.
Seller disclaims any responsibility for the confirmation email if it does not arrive on time because the buyer provided the wrong email address during registration or is unable to receive a message due to the saturation of the storage space in their account.
Under the contract of sale, seller is obliged to transfer ownership of the product, buyer to pay the purchase price and receive the product.
The order is considered a written contract, webshop records the order, which will be available for the customer.
If the product is not in stock, the buyer has the option to "pre-order". In this case, customers will be notified via e-mail, - if they entered a valid e-mail address - when the product becomes available. A pre-order reservation does not constitute a contractual obligation.
Fulfilment of the order
Orders within Hungary are fulfilled within 7 working days from the date of the confirmation of the order.
Delivery times abroad may vary. Standard delivery is usually within 7 working days.
The general delivery deadline for your order is a maximum of 30 days from the confirmation of the order. This delivery deadline is for information purposes only, deviations from this will be indicated by e-mail in all cases.
Customers will be informed by e-mail when their order is passed to the courier.
Delivery fulfilled by: DHL Express Magyarország Kft., Deutche Post AG and GLS General Logistics Systems Hungary Kft. and Magyar Posta Zrt.
Company details:
DHL Express Magyarország Kft.:
Tax number: 10210798-2-44
Registered address: 1185 Budapest, BUD Nemzetközi Repülőtér repülőtér 302. ép.
Phone: +36 1 245 4545
Website: www.dhl.com
DHL International Deliveries - Deutche Post AG
Tax number: DE169838187
Registered address: Charles de Gaulle Strase 20, 53113 Bonn
Phone: +49 (0) 228 1820
E-mail: info@deucheposte.de
Website: dhl.com
GLS General Logistics Systems Hungary Kft.
Tax number: 12369410-2-44
Registered address: 2351 Alsónémedi GLS Európa u. 2.
E-mail cím: info@gls-hungary.com
Website: www.gls-group.eu
Magyar Posta Zrt.
Adószám: 10901232-2-44
Székhely: Budapest, 1138 Budapest, Dunavirág utca 2-6.
E-mail cím: ugyfelszolgalat@posta.hu
Weboldal: www.posta.hu
Free delivery within the country.
For international delivery, the following rates apply:
- 10 000 HUF for delivery to EU member states
- For all other countries outside the EU HUF 13 000
delivery charges will be applied.
An invoice for the ordered products will be included in the delivered package.
Delivery process:
Due to the fragile nature of the product, the buyer is obliged to inspect the package in front of the courier upon delivery and to request a report if they identify any damage to the products or packaging. The buyer is not obliged to accept the package if it is damaged. If the buyer fails to follow this procedure, the seller will not be able to accept an objection to the damaged product.
Subsequent complaints without a report will not be accepted by the seller.
Defective or damaged goods will be replaced at the seller’s expense within 14 working days.
If the buyer requests a refund due to faulty delivery or damage to the goods during delivery, we will refund the value of the goods within 15 days.
Website:
The user acknowledges that the seller has the right to change the features of the website, such as its appearance and content, without notifying the user.
The seller has the right to terminate the operation of the website and cancel the registration of users.
The seller will notify the users in advance.
The seller ensures the continuous availability and operation of the website 365 days a year, 24 hours a day, except for:
- downtime due to maintenance work
- force majeure: suspension of the website for unforeseeable or unavoidable reasons outside the seller, in particular war, revolution, natural disaster, unforeseen political events or governmental actions.
- suspension due to programs placed by a third party without permission that affect the operation of the website
The website is the intellectual property of the seller, the use of its content in any form, such as the logo and trademarks, program codes and graphic elements, is only possible with the prior permission of the seller. The seller is also entitled to all information and data on the website in accordance with Act LXXVI of 1999 on Copyright protection of producers of statutory databases. Disclosure or copying of all or part of the database requires the consent of the seller in all cases.
The website contains the associated applications, software, documentation, source and object codes, graphic, textual and other materials, including the domain name and logo, in accordance with Act LXXVI of 1999 on Copyright – A copyrighted work is an item the seller has exclusive ownership and property rights under copyright. These works may not be used, distributed or published by third parties in any way without the express and prior written approval of the seller.
Users may not take any action or engage in any express conduct or implicitly engage in any act that infringes or endangers the seller's intellectual property rights or other rights.
All rights in any reproduction, translation, modification, alteration, decryption, hacking and derivative works of the Website and any new software, system version or result, including any development or enhancement of the Website, are the property of, or are wholly owned by the seller and therefore these activities can only take place with the permission of the seller.
The seller is not responsible for the authenticity of the data provided during registration on the website, the accuracy of the data, or any damage or other adverse consequences arising from the use of such data and information by the user or any other third party.
The seller shall not be liable for any damages or consequences arising from the user’s failure to comply with the requirements for maintaining the confidentiality of their password.
Furthermore, the seller shall not be liable for any damage or other adverse consequences suffered by a user or other third party, or for any delay to the detriment of such persons, which occurs due to an unavoidable cause outside its scope (force majeure).
The user is obliged to inform the seller immediately if he or she notices any errors in the operation of the website, and in this context he or she is obliged to inform the seller about all the relevant circumstances and all related information.
The seller disclaims any responsibility for any damage or other adverse consequences suffered by the user or any third party as a result of the use of viruses or other programs.
Conditions of fulfilment, in particular on payment and deadline of fulfilment, and seller’s complaint handling method:
Exercise of consumer's right of withdrawal and termination:
Pursuant to Government Decree 45/2014 (II. 26.) on detailed rules of contracts between consumers and businesses (hereinafter: Government Decree), a user who qualifies as a consumer has the right of withdrawal or termination within 14 days but without a justification pursuant to Section 20 of the Government Decree, for products and services provided for consideration.
The consumer has a right of withdrawal or cancellation:
- where a contract for the sale of a product exists:
- for the individual product,
- where the order consists of several products, if each product is supplied at different times, to the last product supplied,
- where the contract consisting of several lots or pieces, the last lot or piece delivered, (4) if the product is to be supplied regularly within a specified period, the first delivery, Indicated by the date of receipt by the consumer or a third party other than the courier designated by the consumer.
- in the case of a service contract, within fourteen days of the date on which the contract is concluded.
The above does not affect the consumer's right to exercise the right of withdrawal between the start date of the contract and the date of receipt of the product.
If the consumer has shown intent to initialize a contract, the consumer retains the right to withdraw their intent before initializing the contract, which removes the obligation to finalize the contract.
The consumer user may exercise his right of withdrawal or cancellation either by letter or by a clear statement to that effect to the seller's postal address or e-mail address in accordance with Annex 2 to the Government Decree. The right of withdrawal or cancellation shall be exercised if the user sends it within the time limit set out in the preceding paragraph. It shall be the responsibility of the user to prove that he has exercised his right of withdrawal or cancellation in accordance with this paragraph.
Information may be used in the exercise of the consumer's right of withdrawal by Decree 45/2014 on the detailed rules of contracts between a consumer and a business. (II.25.) On the model declaration according to Annex 2 of the Government Decree, as follows:
- the consumer may exercise their right of withdrawal by means of a model instruction for cancelation,
- the right to withdraw within the 14 day period starts when the product is received,
- the consumer may also exercise their right of withdrawal between the date of conclusion of the contract and the receipt of the product,
- where the withdrawal has been made in writing, it is sufficient to send the statement of withdrawal within 14 days,
- the consumer must return the product immediately, but no later than 14 days after notification of the withdrawal,
- in the event of withdrawal, the Business shall reimburse the full amount paid by the consumer within 14 days at the latest,
- if the consumer withdraws and has not chosen the least expensive transport method other than the usual mode of transport, the Company is not obliged to reimburse the resulting additional costs,
- the consumer shall bear the cost of returning the product, unless the Business has agreed to bear the cost,
- the Company may claim compensation for depreciation resulting from use in excess of the use necessary to determine the nature, characteristics and operation of the product.
If the consumer withdraws from the contract, the seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in the process, without delay and at the latest within fourteen days of becoming aware of the withdrawal.
In the event of withdrawal or cancellation, the seller shall reimburse the amount to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result.
If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the seller shall not be obliged to reimburse the resulting additional costs.
If the consumer withdraws from the contract, he must return the product immediately, but no later than fourteen days after notification of the withdrawal, or hand it over to the seller or the person authorized by the seller to receive the product, unless the seller has undertaken to return the product himself. Return is considered to have been completed on time if the consumer sends proof the product has been sent within the 14 day deadline.
The consumer shall bear the direct cost of returning the product, unless the seller has undertaken to bear that cost.
The seller may withhold the amount to be reimbursed until the consumer has returned the product or has proved beyond doubt that it has been returned; the earlier of the two dates shall be taken into account.
The seller shall not be liable for any delay due to a bank account number or postal address provided incorrectly and / or inaccurately by the consumer.
The consumer does not have the right of withdrawal:
- where the product is perishable or has a short expiry date
- where the product is a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
Unjustified withdrawal is not possible for bespoke products created on the basis of individual parameters and made specifically for the customer.
Supplies warranty, product warranty and warranty information
1. Supplies Warranty
In what cases can you exercise your right to warranty for supplies?
In the event of a defective performance by the seller, you may assert a warranty for supplies in accordance with the rules of the Civil Code.
What rights do you have based on your supplies warranty claim?
You can choose to have the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice, or it would result in a disproportionate additional cost to the seller compared to meeting another demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the seller's expense or repaired by someone else or, ultimately, withdraw from the contract.
You may transfer your chosen warranty policy to another, but you will bear the cost of the transfer, unless warranted or agreed by the seller.
What is the deadline for you to enforce your warranty claim?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, your attention is drawn to the fact that you can no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract.
To whom can you enforce your warranty claim?
You can assert your supply warranty claim against the seller.
What are the other conditions for enforcing your warranty rights?
Within the first six months after receiving the item, the buyer only needs to report the defect to enforce the warranty claim if they certify that the product or service was provided by the seller. However, after six months from the date of receipt, the buyer is obliged to prove that the defect that has been recognized already existed at the time of receipt.
2. Product warranty
In what situation can you exercise your product warranty right?
In the event of a defect in the product, you may, at your discretion, assert the right or claim for product warranty specified in point 1.
What rights do you have based on your product warranty claim?
Under a product warranty claim, you may only request the repair or replacement of a defective product.
Under what circumstances is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of being advertised for sale or if it does not have the characteristics specified by the manufacturer.
What is the deadline for you to enforce your product warranty claim?
You can assert your product warranty claim within two years of the product being advertised for sale by the manufacturer. Upon expiry of this period, you shall lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You can only make a product warranty claim against the manufacturer or distributor of the product. You must be able prove the defect of the product if you wish to make a product warranty claim.
Under what circumstances is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
- the product was not manufactured or marketed in the course of their non-business activities, or
- the defect was not recognizable in the light of current scientific and technical knowledge at the time of placing on the market, or
- the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to provide reasonable proof to enforce an exemption.
Please note that you cannot claim a warranty for a product and a supply warranty at the same time, for the same issue. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for a replacement product or repaired part.
3. Guarantee
In what cases can you exercise your right to a guarantee?
Where there is defective performance, the seller shall provide a guarantee under 151/2003. (IX. 22.) of the Government act.
What rights do you have under the guarantee and within what period?
Under 151/2003. (IX. 22.), the seller provides a mandatory 1-year guarantee for the durable consumer goods listed in the annex to the decree. The guarantee period begins with the delivery of the product to the consumer or, if the commissioned work is carried out by the business or its agent, begins on the day of commissioning.
The seller informs the buyers that according to the above-mentioned Government Decree, the jewellery sold by them is subject to a mandatory guarantee if the sale price exceeds HUF 10,000. Accessories and components of jewellery with a value of more than HUF 10,000 are also covered by the guarantee.
A proof of purchase shall be deemed to have been provided if the invoice or receipt proving the payment of the order is presented by the consumer. In this case, the rights arising from the guarantee can be enforced by proof of payment.
The rules governing the exercise of guaranteed rights shall apply mutatis mutandis to the enforcement of warranty claims. If the warranty claim is correct, the customer may request a replacement or repair of the product. The buyer has the option to request a price reduction or a refund of the purchase price in the event that it is not possible to replace or repair the product.
If the buyer asserts their right to replacement within three working days of delivery of the product due to a defect in the product, the seller is obliged to replace the product, provided that the defect prevents the intended use.
When is the business released from its guarantee obligation?
The company is released from its guarantee obligation only if it proves that the cause of the defect arose after receipt. Please note that you cannot claim a warranty and a guarantee for a product at the same time, for the same issue.
The following are not considered guarantee defects, as stated in the instructions for use published by the seller:
- darkening due to natural oxidation of metal parts,
- wear and tear of pearl parts due to improper use or storage, - defects resulting from improper use or damage.
Information on other consumer issues
Remuneration for contract services and costs:
Registration on the website is free of charge for the consumer, the consumer is not obliged to pay a separate fee or cost. The consumer is obliged to pay the value of the ordered products as well as the delivery fee.
The duration of of a fixed-term contract and the conditions for terminating a contract of indefinite duration:
Information on this - if relevant in the case of a given product or service - is contained in this GTC or on the website.
The minimum duration of the consumer's obligations under the contract: The user has the right to cancel their registration on the website at any time.
How to access and use the complaint handling mechanism and dispute settlement mechanism:
The consumer may submit complaints about the product or the seller's activities to the following contact details:
Balázs Katalin e.v.
Registered address: 7478 Bárdudvarnok, Kaposdada ltp. 482/12. Email: info@balazskata.hu
Phone: +36 70 338 2441
According to the rules of the Civil Code, consumers should contact the seller with their complaint, indicating the reason for the complaint.
Consumers can primarily address their complaints in writing directly to the seller, who will do their utmost to address and remedy any violations.
The seller informs the consumer that a complaint about the webshop activity or any marketed product can be submitted electronically or by post.
The seller will immediately investigate a verbal complaint and address it as necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the seller shall take minutes of the complaint and their position on it, and send the consumer a copy:
- where an oral complaint is made in person, hand the copy over to the consumer on the spot
- where an oral complaint is made by telephone, a copy is sent to the consumer within 30 days, at the same time as their substantive reply, otherwise, it the procedure to deal with written complaints will be followed.
A copy of the response and a record of the complaint will be kept by the seller for 5 years and will be presented for inspection by the authorities upon request.
The seller shall respond to the complaint received by e-mail or post in writing within 30 days and send it to the consumer.
If the seller does not consider the complaint to be justified, they shall send a response to the consumer in writing, stating the reasons, and shall provide the consumer with information on the complaint handling options available to them according to the nature of the complaint.
The seller and the consumer shall settle their disputes primarily out of court by conciliation. If the conciliation does not lead to a result, the consumer may apply to an authority, court or conciliation body in accordance with the applicable legislation and the GTC.
Where a conciliation body is required, the conciliation body closest to the local registered office of the seller and the postal address of its registered office is:
Somogy Megyei Békéltető Testület Székhely:
7400 Kaposvár, Anna u. 6.
Telefon: 06-82-501-000
The following disputes fall within the jurisdiction of the conciliation body: a dispute between a consumer and a business concerning the quality, safety, application of product liability rules, quality of service and the conclusion and performance of a contract between the parties (hereinafter: consumer dispute); out-of-court settlement: to try to reach an agreement to this end and, in the event of failure, to rule on the matter in order to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer's rights and obligations. The condition for initiating conciliation proceedings is that the consumer directly seeks to resolve the dispute with the business concerned. The conciliation body's proceedings are initiated at the consumer's request. The request shall be made in writing to the chairperson of the conciliation body.
More information about conciliation bodies is available by clicking on the following link: http://www.bekeltetes.hu
Find local conciliation body by clicking on the following link:
https://bekeltetes.hu/index.php?id=testuletek
The seller will use the conciliation panel procedure to resolve the consumer dispute.
In addition to the conciliation panel procedure, the consumer has the following enforcement options:
Complaint to the consumer protection authority:
Nemzeti Fogyasztóvédelmi Hatóság:
Cím: 1088 Budapest, József krt. 6.
Levelezési cím: 1428 Budapest, PF: 20.
Központi telefonszám: +36 1 459 4800
Faxszám: +36 1 210 4677
The consumer can turn to the consumer protection authority for any consumer protection issue. The consumer protection authority acts on request or ex officio, thus examining the market behavior of the company from the point of view of consumer protection. However, the individual case of the consumer is resolved by the conciliation body, i.e. the consumer protection authority transfers the applicant's case to the conciliation body.
In the first instance, the consumer protection authority, unless otherwise provided by law, is the district office. The contact details of the consumer protection authority can be found at https://jarasinfo.gov.hu/.
Judicial proceeding:
The consumer is entitled to enforce their claim arising from a consumer dispute in court in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure in accordance with the provisions of this Act.
In addition to this GTC, the protection of personal data and the related rights and obligations of the Contracting Parties are regulated by the provisions of the Data Management Information and EU Regulation No. 2016/679 (General Data Protection Regulation).
You can also use the European Online Dispute Resolution Platform to submit a consumer complaint.
The platform allows you to submit your dispute to an approved dispute resolution body.
The European Online Dispute Resolution (ADR) platform, operated by the European Commission, aims to make online shopping safer and fairer by providing high-quality dispute resolution.
The online dispute resolution (OVR) platform is not affiliated with any merchant. The OVR platform is available in all official EU languages as well as in Icelandic and Norwegian.
Dispute settlement bodies are impartial organizations / individuals. Their purpose is to help consumers and traders settle their disputes out of court. The amicable settlement of disputes is usually faster and cheaper than going to court.
Using the online dispute resolution platform is easy. Users are instructed throughout the process. The platform can translate into all EU languages and works with automatic deadlines for handling complaints.
The advantage is that consumers can settle their disputes free of charge or for a very small amount, and traders can avoid lengthy litigation procedures and maintain good relations with their customers.
The use of the online dispute resolution platform requires registration in the European Commission's system, and after logging in, the consumer can submit a complaint via the online dispute resolution platform's website if he has not been able to settle his dispute directly with the business.
Website address:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
FINAL PROVISIONS:
By using the services of the website, the customer declares that he has read the content of the General Terms and Conditions and the Data Management Information, has taken note of its contents, and expressly consents to the processing of his / her personal data in accordance with it.
The user acknowledges that the seller is entitled to handle the data required for invoicing in accordance with Act C of 2000 on Accounting, as defined therein, even if the purpose of the data management has otherwise ceased.
The seller will take the necessary measures to protect personal data.
If any provision of this GTC is considered null and void, it does not affect the validity of the entire GTC.
The seller reserves the right to unilaterally amend the GTC. The changes will take effect upon publication on the website.
The Contracting Parties state that they stipulate the jurisdiction of the Kaposvár District Court and the Kaposvár Tribunal in case of their disputes.
Sample statement for withdrawal
(fill in and return only in case of intention to withdraw from the contract)
Address to Balázs Katalin e.v.
I, the undersigned, declare that I exercise my right of withdrawal / termination in respect of the contract for the sale of the following product (s) or the provision of the following service:
Date of conclusion of contract / date of receipt:
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s): (paper declaration only)
Dated
GENERAL TERMS AND CONDITIONSRegarding the use of www.balazskata.hu webshop
Please read this document carefully before using the webshop and finalizing your order.
We inform you that by finalizing your order, you accept the contents of these General Terms and Conditions (hereafter GTC).
The purpose of this information is for the data controller / seller to provide users of the website with information on the process of purchasing their products.
Please feel free to contact us if you have any questions related to the operation of the webshop, or the ordering and delivery process.
This GTC is valid from 1 June 2021 and will remain in force until revoked. Jewellery maker
Katalin Balázs founder of Balázs Katalin e.v. is entitled to unilaterally amend the GTC, which she will publish as amendments on the website before they enter into force.
SELLER:
Balázs Katalin e.v. - Limited Company
Registered address: 7478 Bárdudvarnok, Kaposdada ltp. 482/12.
Registration number: 50273940
Tax number: 75101945-1-34
E-mail: info@balazskata.hu Phone: +36 70 338 2441
Account details:
Bank: OTP Bank Nyrt.
Account name: Balázs Katalin e.v.
Account Number: 11773432-01307317-00000000
IBAN: HU57 1177 3432 0130 7317 0000 0000
SWIFT kód: OTPVHUHB
WEBHOSTING - DATA PROCESSOR:
Name: Shopify Inc.
Registered address: 150 Elgin St, Suite 800, Ottawa, ON, K2P 1L4, Kanada
Phone: +18883290139
E-mail: support@shopify.com
RELEVANT LEGISLATION
Issues not stipulated in this GTC and the interpretation of this GTC are governed by the rules of Hungarian law, in particular:
- Act V. of 2013 on the Civil Code
- CLV. of 1997 of the consumer protection law
- Act LXXVI. of 1997. of the Copyright law
- Act CXX. of 2011. of the right of information, self-determination and freedom of information law
- CVIII. of 2001. of certain issues of electronic commerce services and
information society services law
- 45/2014. of the detailed rules of contracts between a consumer and a supplier (II. 26.) Government Decree
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC Data
Protection Regulation, GDPR)
- 19/2014. on the rules of procedure for the handling of warranty and guarantee claims for things sold under a contract between a consumer and a business (IV.29.) NGM decree
PURCHASE REGISTRATION
Pre-registration is not required to order the products.
In order to register, the buyer is required to provide the following data:
- name
- password
- e-mail address
The customer will receive an automatic email confirmation of the registration.
If the customer has forgotten their password, they can request a password reminder by email.
The customer is required to provide the following information during the order:
- name
- address (shipping and billing)
- phone number
- e-mail address
- other data and information provided by the customer
If the purchaser is a company, the following information is also required:
- company name
- registered office address
- phone number
- e-mail address
- tax number
- other data and information provided by the customer
Please provide the company's tax number on the basis of mandatory legal provisions from 1 July 2020!
Buyers have the option to register via their Facebook account. You can view Facebook's privacy policy by clicking on the following link:
https://www.facebook.com/about/privacy
The buyer acknowledges that he / she is obliged to provide accurate data during registration. Once registered, you can log in using your email address and password.
Purchases in the webshop are made by placing an order electronically and receiving the items by home delivery, in the manner specified in detail in this GTC.
By purchasing / registering on the website, the customer declares that he / she has read and accepted the terms and conditions of this GTC and the Privacy policy of the webshop and gives their consent to their data being processed.
By submitting and accepting the order via the webshop, an electronical contractual legal relationship is established between the parties.
The seller is not liable for delivery delays or other problems or errors that can be traced back to incorrect and / or inaccurate data provided by the buyer.
The seller shall not be liable for any damages resulting from the buyer forgetting their password or making it available to unauthorized persons for any reason unless as a result of the seller’s actions.
PROCESS OF THE PURCHASE:
1. Price of the product
The seller Balázs Katalin e.v. informs customers that the prices shown for the products are listed in the consumer’s country’s currency where possible, and includes the tax required by law. Delivery fees are not included until the checkout process.
The seller informs her international customers that she is currently able to fulfil deliveries abroad, in which case the delivery fee is determined individually for the country where the item will be delivered to.
There are no extra packaging costs charged.
In the case of an error or defect in the products or prices in the webshop, the seller reserves the right to make a correction. In this case, she will inform the customer of the new information immediately after recognizing or modifying the error. The user can then confirm the order or withdraw from the purchase.
Promotions
If a special price is introduced, the seller will inform the buyers about the special offer and its exact duration.
Wrong price
If an incorrect price is indicated on the website, in particular the obviously incorrect, e.g. for a price of “0” or “1” forint that differs significantly from the well-known, generally accepted or estimated price of the product, possibly due to a system error, the seller is not obliged to deliver the product at an incorrect price, but may offer purchase at a corrected price, however the buyer retains the right to withdraw his / her intention to purchase.
An incorrect price is considered to be when there is a striking disproportion between the actual and indicated price of the product, which the average consumer should be able to perceive.
Pursuant to Act V of 2013 on the Civil Code (Civil Code), the contract is completed by mutual and unanimous agreement of both parties. If the parties are unable to agree on the terms of the contract, i.e. if there is no statement expressing the will of the parties mutually and unanimously, then there is not a validly concluded contract from which rights and obligations would arise. Based on this, an order confirmed at an incorrect / erroneous price is considered a void contract.
- Displaying products
The customer can click on the product selected on the website to view its description. Detailed information and instructions on the essential properties of each product can be found by clicking on the product. The seller informs the customers on the website about the instructions for use of the product, the observance of which is essential in order to preserve the life of the product.
The images shown on the product data sheet are displayed by the seller are real, with certain images being illustrations in some places, however, given that the seller manufactures individual products, the actual color of the product does not always correspond exactly to reality. The purchaser may not receive the exact item displayed on the website as the item may be slightly different due to the hand made nature of the product.
The seller wishes to inform buyers that each of her products are totally unique and any of the raw materials may be different in some items, but her products are always handmade and bespoke pieces.
- Choosing a product
The product and quantity are selected by clicking on the "add to cart" button.
The product remains in the cart for a period of 24 (twenty four) hours from the time it is placed in the cart and the same type of product is only available to other customers during this period while stocks last, any individual item already in a customer’s cart cannot be placed in another customer's cart.
If you do not complete the purchase, it will be removed from your cart after 24 (twenty-four) hours and will be made available to other customers.
By clicking on the shopping cart button, you will find the products you have placed in the shopping cart, as well as the total cost for all of the items. The buyer has the opportunity to check the quantity and price of the items placed in the cart.
Items placed in the cart can be modified at any time during checkout, customers can correct any errors and misspellings that occur during electronic recording of the entered data.
The total amount of the order is automatically updated when new items are added or removed.
During checkout, the customer can add a comment to their order for personalization purposes.
If a buyer has a comment about delivery, it must be entered as a comment in the delivery section.
- Cancelling an order
You can change your order before shipping is processed. For assistance or enquiries, call +36 70 338 2441,
or write to the following email address: info@balazskata.hu
Please provide the order number from the confirmation email as a reference.
Customer will be charged their standard rate for calling the telephone number above.
- Payment
If the buyer considers the quantity of products in the cart to be correct, has checked the final amount and decided that they want to complete the purchase, then it is necessary to click on the “buy” button.
By pressing the "buy" button, the buyer acknowledges that this action includes an obligation to make payment.
Before completing the ordering process, customers can always return to a previous page to correct any mistakes.
The final amount to be paid includes all costs based on the order.
Ownership of the products to be sold is determined by the Civil Code. 6: 216 (1), it is reserved until full purchase price is paid in full.
To send the order, customers can choose a delivery and billing address, as well as delivery and payment method from the following options:
Payment options:
Account number:
OTP Bank Nyrt.
11773432-01307317-00000000
Bank transfer: The buyer is required to transfer the total amount to the bank account found in the confirmation e-mail within 3 days. After the amount has been credited to seller's bank account, the buyer will receive the products in the manner they have specified.
The purchase is considered to be paid in full if the entire amount arrives at our bank account. Otherwise, we will not be able to deliver the order.
Online credit card: The buyer has the option to pay the total value of their order online with a credit or debit card through the secure payment system of the financial service provider (PayPal, SimplePay) used by the seller.
As the payment is not made on our website, we do not store your card details in any form, it is collected and used exclusively by the bank and only during the actual purchase process.
If you are not redirected from the payment page to the webshop page after your payment, the transaction is considered unsuccessful. If you click on the "Back" or "Refresh" button of your browser on the bank payment page or close the browser window before being redirected back to the store, the payment will be considered unsuccessful.
If you would like more information about the result of the transaction, especially when there have been payment issues, please contact your bank directly for full details.
The following information is required to pay by credit or debit card:
Card number
Expiry date
Security code
6. Processing orders
After full payment, your order will be processed within 3 days.
After ordering, you will receive an automated message.
Once payment clears on the seller’s account, the seller will confirm by email when the order will be fulfilled.
Seller disclaims any responsibility for the confirmation email if it does not arrive on time because the buyer provided the wrong email address during registration or is unable to receive a message due to the saturation of the storage space in their account.
Under the contract of sale, seller is obliged to transfer ownership of the product, buyer to pay the purchase price and receive the product.
The order is considered a written contract, webshop records the order, which will be available for the customer.
If the product is not in stock, the buyer has the option to "pre-order". In this case, customers will be notified via e-mail, - if they entered a valid e-mail address - when the product becomes available. A pre-order reservation does not constitute a contractual obligation.
Fulfilment of the order
Orders within Hungary are fulfilled within 7 working days from the date of the confirmation of the order.
Delivery times abroad may vary. Standard delivery is usually within 7 working days.
The general delivery deadline for your order is a maximum of 30 days from the confirmation of the order. This delivery deadline is for information purposes only, deviations from this will be indicated by e-mail in all cases.
Customers will be informed by e-mail when their order is passed to the courier.
Delivery fulfilled by: DHL Express Magyarország Kft., Deutche Post AG and GLS General Logistics Systems Hungary Kft. and Magyar Posta Zrt.
Company details:
DHL Express Magyarország Kft.:
Tax number: 10210798-2-44
Registered address: 1185 Budapest, BUD Nemzetközi Repülőtér repülőtér 302. ép.
Phone: +36 1 245 4545
Website: www.dhl.com
DHL International Deliveries - Deutche Post AG
Tax number: DE169838187
Registered address: Charles de Gaulle Strase 20, 53113 Bonn
Phone: +49 (0) 228 1820
E-mail: info@deucheposte.de
Website: dhl.com
GLS General Logistics Systems Hungary Kft.
Tax number: 12369410-2-44
Registered address: 2351 Alsónémedi GLS Európa u. 2.
E-mail cím: info@gls-hungary.com
Website: www.gls-group.eu
Magyar Posta Zrt.
Adószám: 10901232-2-44
Székhely: Budapest, 1138 Budapest, Dunavirág utca 2-6.
E-mail cím: ugyfelszolgalat@posta.hu
Weboldal: www.posta.hu
Free delivery within the country.
For international delivery, the following rates apply:
- 10 000 HUF for delivery to EU member states
- For all other countries outside the EU HUF 13 000
delivery charges will be applied.
An invoice for the ordered products will be included in the delivered package.
Delivery process:
Due to the fragile nature of the product, the buyer is obliged to inspect the package in front of the courier upon delivery and to request a report if they identify any damage to the products or packaging. The buyer is not obliged to accept the package if it is damaged. If the buyer fails to follow this procedure, the seller will not be able to accept an objection to the damaged product.
Subsequent complaints without a report will not be accepted by the seller.
Defective or damaged goods will be replaced at the seller’s expense within 14 working days.
If the buyer requests a refund due to faulty delivery or damage to the goods during delivery, we will refund the value of the goods within 15 days.
Website:
The user acknowledges that the seller has the right to change the features of the website, such as its appearance and content, without notifying the user.
The seller has the right to terminate the operation of the website and cancel the registration of users.
The seller will notify the users in advance.
The seller ensures the continuous availability and operation of the website 365 days a year, 24 hours a day, except for:
- downtime due to maintenance work
- force majeure: suspension of the website for unforeseeable or unavoidable reasons outside the seller, in particular war, revolution, natural disaster, unforeseen political events or governmental actions.
- suspension due to programs placed by a third party without permission that affect the operation of the website
The website is the intellectual property of the seller, the use of its content in any form, such as the logo and trademarks, program codes and graphic elements, is only possible with the prior permission of the seller. The seller is also entitled to all information and data on the website in accordance with Act LXXVI of 1999 on Copyright protection of producers of statutory databases. Disclosure or copying of all or part of the database requires the consent of the seller in all cases.
The website contains the associated applications, software, documentation, source and object codes, graphic, textual and other materials, including the domain name and logo, in accordance with Act LXXVI of 1999 on Copyright – A copyrighted work is an item the seller has exclusive ownership and property rights under copyright. These works may not be used, distributed or published by third parties in any way without the express and prior written approval of the seller.
Users may not take any action or engage in any express conduct or implicitly engage in any act that infringes or endangers the seller's intellectual property rights or other rights.
All rights in any reproduction, translation, modification, alteration, decryption, hacking and derivative works of the Website and any new software, system version or result, including any development or enhancement of the Website, are the property of, or are wholly owned by the seller and therefore these activities can only take place with the permission of the seller.
The seller is not responsible for the authenticity of the data provided during registration on the website, the accuracy of the data, or any damage or other adverse consequences arising from the use of such data and information by the user or any other third party.
The seller shall not be liable for any damages or consequences arising from the user’s failure to comply with the requirements for maintaining the confidentiality of their password.
Furthermore, the seller shall not be liable for any damage or other adverse consequences suffered by a user or other third party, or for any delay to the detriment of such persons, which occurs due to an unavoidable cause outside its scope (force majeure).
The user is obliged to inform the seller immediately if he or she notices any errors in the operation of the website, and in this context he or she is obliged to inform the seller about all the relevant circumstances and all related information.
The seller disclaims any responsibility for any damage or other adverse consequences suffered by the user or any third party as a result of the use of viruses or other programs.
Conditions of fulfilment, in particular on payment and deadline of fulfilment, and seller’s complaint handling method:
Exercise of consumer's right of withdrawal and termination:
Pursuant to Government Decree 45/2014 (II. 26.) on detailed rules of contracts between consumers and businesses (hereinafter: Government Decree), a user who qualifies as a consumer has the right of withdrawal or termination within 14 days but without a justification pursuant to Section 20 of the Government Decree, for products and services provided for consideration.
The consumer has a right of withdrawal or cancellation:
- where a contract for the sale of a product exists:
- for the individual product,
- where the order consists of several products, if each product is supplied at different times, to the last product supplied,
- where the contract consisting of several lots or pieces, the last lot or piece delivered, (4) if the product is to be supplied regularly within a specified period, the first delivery, Indicated by the date of receipt by the consumer or a third party other than the courier designated by the consumer.
- in the case of a service contract, within fourteen days of the date on which the contract is concluded.
The above does not affect the consumer's right to exercise the right of withdrawal between the start date of the contract and the date of receipt of the product.
If the consumer has shown intent to initialize a contract, the consumer retains the right to withdraw their intent before initializing the contract, which removes the obligation to finalize the contract.
The consumer user may exercise his right of withdrawal or cancellation either by letter or by a clear statement to that effect to the seller's postal address or e-mail address in accordance with Annex 2 to the Government Decree. The right of withdrawal or cancellation shall be exercised if the user sends it within the time limit set out in the preceding paragraph. It shall be the responsibility of the user to prove that he has exercised his right of withdrawal or cancellation in accordance with this paragraph.
Information may be used in the exercise of the consumer's right of withdrawal by Decree 45/2014 on the detailed rules of contracts between a consumer and a business. (II.25.) On the model declaration according to Annex 2 of the Government Decree, as follows:
- the consumer may exercise their right of withdrawal by means of a model instruction for cancelation,
- the right to withdraw within the 14 day period starts when the product is received,
- the consumer may also exercise their right of withdrawal between the date of conclusion of the contract and the receipt of the product,
- where the withdrawal has been made in writing, it is sufficient to send the statement of withdrawal within 14 days,
- the consumer must return the product immediately, but no later than 14 days after notification of the withdrawal,
- in the event of withdrawal, the Business shall reimburse the full amount paid by the consumer within 14 days at the latest,
- if the consumer withdraws and has not chosen the least expensive transport method other than the usual mode of transport, the Company is not obliged to reimburse the resulting additional costs,
- the consumer shall bear the cost of returning the product, unless the Business has agreed to bear the cost,
- the Company may claim compensation for depreciation resulting from use in excess of the use necessary to determine the nature, characteristics and operation of the product.
If the consumer withdraws from the contract, the seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in the process, without delay and at the latest within fourteen days of becoming aware of the withdrawal.
In the event of withdrawal or cancellation, the seller shall reimburse the amount to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result.
If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the seller shall not be obliged to reimburse the resulting additional costs.
If the consumer withdraws from the contract, he must return the product immediately, but no later than fourteen days after notification of the withdrawal, or hand it over to the seller or the person authorized by the seller to receive the product, unless the seller has undertaken to return the product himself. Return is considered to have been completed on time if the consumer sends proof the product has been sent within the 14 day deadline.
The consumer shall bear the direct cost of returning the product, unless the seller has undertaken to bear that cost.
The seller may withhold the amount to be reimbursed until the consumer has returned the product or has proved beyond doubt that it has been returned; the earlier of the two dates shall be taken into account.
The seller shall not be liable for any delay due to a bank account number or postal address provided incorrectly and / or inaccurately by the consumer.
The consumer does not have the right of withdrawal:
- where the product is perishable or has a short expiry date
- where the product is a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
Unjustified withdrawal is not possible for bespoke products created on the basis of individual parameters and made specifically for the customer.
Supplies warranty, product warranty and warranty information
1. Supplies Warranty
In what cases can you exercise your right to warranty for supplies?
In the event of a defective performance by the seller, you may assert a warranty for supplies in accordance with the rules of the Civil Code.
What rights do you have based on your supplies warranty claim?
You can choose to have the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice, or it would result in a disproportionate additional cost to the seller compared to meeting another demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the seller's expense or repaired by someone else or, ultimately, withdraw from the contract.
You may transfer your chosen warranty policy to another, but you will bear the cost of the transfer, unless warranted or agreed by the seller.
What is the deadline for you to enforce your warranty claim?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, your attention is drawn to the fact that you can no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract.
To whom can you enforce your warranty claim?
You can assert your supply warranty claim against the seller.
What are the other conditions for enforcing your warranty rights?
Within the first six months after receiving the item, the buyer only needs to report the defect to enforce the warranty claim if they certify that the product or service was provided by the seller. However, after six months from the date of receipt, the buyer is obliged to prove that the defect that has been recognized already existed at the time of receipt.
2. Product warranty
In what situation can you exercise your product warranty right?
In the event of a defect in the product, you may, at your discretion, assert the right or claim for product warranty specified in point 1.
What rights do you have based on your product warranty claim?
Under a product warranty claim, you may only request the repair or replacement of a defective product.
Under what circumstances is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of being advertised for sale or if it does not have the characteristics specified by the manufacturer.
What is the deadline for you to enforce your product warranty claim?
You can assert your product warranty claim within two years of the product being advertised for sale by the manufacturer. Upon expiry of this period, you shall lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You can only make a product warranty claim against the manufacturer or distributor of the product. You must be able prove the defect of the product if you wish to make a product warranty claim.
Under what circumstances is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
- the product was not manufactured or marketed in the course of their non-business activities, or
- the defect was not recognizable in the light of current scientific and technical knowledge at the time of placing on the market, or
- the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to provide reasonable proof to enforce an exemption.
Please note that you cannot claim a warranty for a product and a supply warranty at the same time, for the same issue. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for a replacement product or repaired part.
3. Guarantee
In what cases can you exercise your right to a guarantee?
Where there is defective performance, the seller shall provide a guarantee under 151/2003. (IX. 22.) of the Government act.
What rights do you have under the guarantee and within what period?
Under 151/2003. (IX. 22.), the seller provides a mandatory 1-year guarantee for the durable consumer goods listed in the annex to the decree. The guarantee period begins with the delivery of the product to the consumer or, if the commissioned work is carried out by the business or its agent, begins on the day of commissioning.
The seller informs the buyers that according to the above-mentioned Government Decree, the jewellery sold by them is subject to a mandatory guarantee if the sale price exceeds HUF 10,000. Accessories and components of jewellery with a value of more than HUF 10,000 are also covered by the guarantee.
A proof of purchase shall be deemed to have been provided if the invoice or receipt proving the payment of the order is presented by the consumer. In this case, the rights arising from the guarantee can be enforced by proof of payment.
The rules governing the exercise of guaranteed rights shall apply mutatis mutandis to the enforcement of warranty claims. If the warranty claim is correct, the customer may request a replacement or repair of the product. The buyer has the option to request a price reduction or a refund of the purchase price in the event that it is not possible to replace or repair the product.
If the buyer asserts their right to replacement within three working days of delivery of the product due to a defect in the product, the seller is obliged to replace the product, provided that the defect prevents the intended use.
When is the business released from its guarantee obligation?
The company is released from its guarantee obligation only if it proves that the cause of the defect arose after receipt. Please note that you cannot claim a warranty and a guarantee for a product at the same time, for the same issue.
The following are not considered guarantee defects, as stated in the instructions for use published by the seller:
- darkening due to natural oxidation of metal parts,
- wear and tear of pearl parts due to improper use or storage, - defects resulting from improper use or damage.
Information on other consumer issues
Remuneration for contract services and costs:
Registration on the website is free of charge for the consumer, the consumer is not obliged to pay a separate fee or cost. The consumer is obliged to pay the value of the ordered products as well as the delivery fee.
The duration of of a fixed-term contract and the conditions for terminating a contract of indefinite duration:
Information on this - if relevant in the case of a given product or service - is contained in this GTC or on the website.
The minimum duration of the consumer's obligations under the contract: The user has the right to cancel their registration on the website at any time.
How to access and use the complaint handling mechanism and dispute settlement mechanism:
The consumer may submit complaints about the product or the seller's activities to the following contact details:
Balázs Katalin e.v.
Registered address: 7478 Bárdudvarnok, Kaposdada ltp. 482/12. Email: info@balazskata.hu
Phone: +36 70 338 2441
According to the rules of the Civil Code, consumers should contact the seller with their complaint, indicating the reason for the complaint.
Consumers can primarily address their complaints in writing directly to the seller, who will do their utmost to address and remedy any violations.
The seller informs the consumer that a complaint about the webshop activity or any marketed product can be submitted electronically or by post.
The seller will immediately investigate a verbal complaint and address it as necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the seller shall take minutes of the complaint and their position on it, and send the consumer a copy:
- where an oral complaint is made in person, hand the copy over to the consumer on the spot
- where an oral complaint is made by telephone, a copy is sent to the consumer within 30 days, at the same time as their substantive reply, otherwise, it the procedure to deal with written complaints will be followed.
A copy of the response and a record of the complaint will be kept by the seller for 5 years and will be presented for inspection by the authorities upon request.
The seller shall respond to the complaint received by e-mail or post in writing within 30 days and send it to the consumer.
If the seller does not consider the complaint to be justified, they shall send a response to the consumer in writing, stating the reasons, and shall provide the consumer with information on the complaint handling options available to them according to the nature of the complaint.
The seller and the consumer shall settle their disputes primarily out of court by conciliation. If the conciliation does not lead to a result, the consumer may apply to an authority, court or conciliation body in accordance with the applicable legislation and the GTC.
Where a conciliation body is required, the conciliation body closest to the local registered office of the seller and the postal address of its registered office is:
Somogy Megyei Békéltető Testület Székhely:
7400 Kaposvár, Anna u. 6.
Telefon: 06-82-501-000
The following disputes fall within the jurisdiction of the conciliation body: a dispute between a consumer and a business concerning the quality, safety, application of product liability rules, quality of service and the conclusion and performance of a contract between the parties (hereinafter: consumer dispute); out-of-court settlement: to try to reach an agreement to this end and, in the event of failure, to rule on the matter in order to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer's rights and obligations. The condition for initiating conciliation proceedings is that the consumer directly seeks to resolve the dispute with the business concerned. The conciliation body's proceedings are initiated at the consumer's request. The request shall be made in writing to the chairperson of the conciliation body.
More information about conciliation bodies is available by clicking on the following link: http://www.bekeltetes.hu
Find local conciliation body by clicking on the following link:
https://bekeltetes.hu/index.php?id=testuletek
The seller will use the conciliation panel procedure to resolve the consumer dispute.
In addition to the conciliation panel procedure, the consumer has the following enforcement options:
Complaint to the consumer protection authority:
Nemzeti Fogyasztóvédelmi Hatóság:
Cím: 1088 Budapest, József krt. 6.
Levelezési cím: 1428 Budapest, PF: 20.
Központi telefonszám: +36 1 459 4800
Faxszám: +36 1 210 4677
The consumer can turn to the consumer protection authority for any consumer protection issue. The consumer protection authority acts on request or ex officio, thus examining the market behavior of the company from the point of view of consumer protection. However, the individual case of the consumer is resolved by the conciliation body, i.e. the consumer protection authority transfers the applicant's case to the conciliation body.
In the first instance, the consumer protection authority, unless otherwise provided by law, is the district office. The contact details of the consumer protection authority can be found at https://jarasinfo.gov.hu/.
Judicial proceeding:
The consumer is entitled to enforce their claim arising from a consumer dispute in court in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure in accordance with the provisions of this Act.
In addition to this GTC, the protection of personal data and the related rights and obligations of the Contracting Parties are regulated by the provisions of the Data Management Information and EU Regulation No. 2016/679 (General Data Protection Regulation).
You can also use the European Online Dispute Resolution Platform to submit a consumer complaint.
The platform allows you to submit your dispute to an approved dispute resolution body.
The European Online Dispute Resolution (ADR) platform, operated by the European Commission, aims to make online shopping safer and fairer by providing high-quality dispute resolution.
The online dispute resolution (OVR) platform is not affiliated with any merchant. The OVR platform is available in all official EU languages as well as in Icelandic and Norwegian.
Dispute settlement bodies are impartial organizations / individuals. Their purpose is to help consumers and traders settle their disputes out of court. The amicable settlement of disputes is usually faster and cheaper than going to court.
Using the online dispute resolution platform is easy. Users are instructed throughout the process. The platform can translate into all EU languages and works with automatic deadlines for handling complaints.
The advantage is that consumers can settle their disputes free of charge or for a very small amount, and traders can avoid lengthy litigation procedures and maintain good relations with their customers.
The use of the online dispute resolution platform requires registration in the European Commission's system, and after logging in, the consumer can submit a complaint via the online dispute resolution platform's website if he has not been able to settle his dispute directly with the business.
Website address:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
FINAL PROVISIONS:
By using the services of the website, the customer declares that he has read the content of the General Terms and Conditions and the Data Management Information, has taken note of its contents, and expressly consents to the processing of his / her personal data in accordance with it.
The user acknowledges that the seller is entitled to handle the data required for invoicing in accordance with Act C of 2000 on Accounting, as defined therein, even if the purpose of the data management has otherwise ceased.
The seller will take the necessary measures to protect personal data.
If any provision of this GTC is considered null and void, it does not affect the validity of the entire GTC.
The seller reserves the right to unilaterally amend the GTC. The changes will take effect upon publication on the website.
The Contracting Parties state that they stipulate the jurisdiction of the Kaposvár District Court and the Kaposvár Tribunal in case of their disputes.
Sample statement for withdrawal
(fill in and return only in case of intention to withdraw from the contract)
Address to Balázs Katalin e.v.
I, the undersigned, declare that I exercise my right of withdrawal / termination in respect of the contract for the sale of the following product (s) or the provision of the following service:
Date of conclusion of contract / date of receipt:
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s): (paper declaration only)
Dated
GENERAL TERMS AND CONDITIONSRegarding the use of www.balazskata.hu webshop
Please read this document carefully before using the webshop and finalizing your order.
We inform you that by finalizing your order, you accept the contents of these General Terms and Conditions (hereafter GTC).
The purpose of this information is for the data controller / seller to provide users of the website with information on the process of purchasing their products.
Please feel free to contact us if you have any questions related to the operation of the webshop, or the ordering and delivery process.
This GTC is valid from 1 June 2021 and will remain in force until revoked. Jewellery maker
Katalin Balázs founder of Balázs Katalin e.v. is entitled to unilaterally amend the GTC, which she will publish as amendments on the website before they enter into force.
SELLER:
Balázs Katalin e.v. - Limited Company
Registered address: 7478 Bárdudvarnok, Kaposdada ltp. 482/12.
Registration number: 50273940
Tax number: 75101945-1-34
E-mail: info@balazskata.hu Phone: +36 70 338 2441
Account details:
Bank: OTP Bank Nyrt.
Account name: Balázs Katalin e.v.
Account Number: 11773432-01307317-00000000
IBAN: HU57 1177 3432 0130 7317 0000 0000
SWIFT kód: OTPVHUHB
WEBHOSTING - DATA PROCESSOR:
Name: Shopify Inc.
Registered address: 150 Elgin St, Suite 800, Ottawa, ON, K2P 1L4, Kanada
Phone: +18883290139
E-mail: support@shopify.com
RELEVANT LEGISLATION
Issues not stipulated in this GTC and the interpretation of this GTC are governed by the rules of Hungarian law, in particular:
- Act V. of 2013 on the Civil Code
- CLV. of 1997 of the consumer protection law
- Act LXXVI. of 1997. of the Copyright law
- Act CXX. of 2011. of the right of information, self-determination and freedom of information law
- CVIII. of 2001. of certain issues of electronic commerce services and
information society services law
- 45/2014. of the detailed rules of contracts between a consumer and a supplier (II. 26.) Government Decree
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC Data
Protection Regulation, GDPR)
- 19/2014. on the rules of procedure for the handling of warranty and guarantee claims for things sold under a contract between a consumer and a business (IV.29.) NGM decree
PURCHASE REGISTRATION
Pre-registration is not required to order the products.
In order to register, the buyer is required to provide the following data:
- name
- password
- e-mail address
The customer will receive an automatic email confirmation of the registration.
If the customer has forgotten their password, they can request a password reminder by email.
The customer is required to provide the following information during the order:
- name
- address (shipping and billing)
- phone number
- e-mail address
- other data and information provided by the customer
If the purchaser is a company, the following information is also required:
- company name
- registered office address
- phone number
- e-mail address
- tax number
- other data and information provided by the customer
Please provide the company's tax number on the basis of mandatory legal provisions from 1 July 2020!
Buyers have the option to register via their Facebook account. You can view Facebook's privacy policy by clicking on the following link:
https://www.facebook.com/about/privacy
The buyer acknowledges that he / she is obliged to provide accurate data during registration. Once registered, you can log in using your email address and password.
Purchases in the webshop are made by placing an order electronically and receiving the items by home delivery, in the manner specified in detail in this GTC.
By purchasing / registering on the website, the customer declares that he / she has read and accepted the terms and conditions of this GTC and the Privacy policy of the webshop and gives their consent to their data being processed.
By submitting and accepting the order via the webshop, an electronical contractual legal relationship is established between the parties.
The seller is not liable for delivery delays or other problems or errors that can be traced back to incorrect and / or inaccurate data provided by the buyer.
The seller shall not be liable for any damages resulting from the buyer forgetting their password or making it available to unauthorized persons for any reason unless as a result of the seller’s actions.
PROCESS OF THE PURCHASE:
1. Price of the product
The seller Balázs Katalin e.v. informs customers that the prices shown for the products are listed in the consumer’s country’s currency where possible, and includes the tax required by law. Delivery fees are not included until the checkout process.
The seller informs her international customers that she is currently able to fulfil deliveries abroad, in which case the delivery fee is determined individually for the country where the item will be delivered to.
There are no extra packaging costs charged.
In the case of an error or defect in the products or prices in the webshop, the seller reserves the right to make a correction. In this case, she will inform the customer of the new information immediately after recognizing or modifying the error. The user can then confirm the order or withdraw from the purchase.
Promotions
If a special price is introduced, the seller will inform the buyers about the special offer and its exact duration.
Wrong price
If an incorrect price is indicated on the website, in particular the obviously incorrect, e.g. for a price of “0” or “1” forint that differs significantly from the well-known, generally accepted or estimated price of the product, possibly due to a system error, the seller is not obliged to deliver the product at an incorrect price, but may offer purchase at a corrected price, however the buyer retains the right to withdraw his / her intention to purchase.
An incorrect price is considered to be when there is a striking disproportion between the actual and indicated price of the product, which the average consumer should be able to perceive.
Pursuant to Act V of 2013 on the Civil Code (Civil Code), the contract is completed by mutual and unanimous agreement of both parties. If the parties are unable to agree on the terms of the contract, i.e. if there is no statement expressing the will of the parties mutually and unanimously, then there is not a validly concluded contract from which rights and obligations would arise. Based on this, an order confirmed at an incorrect / erroneous price is considered a void contract.
- Displaying products
The customer can click on the product selected on the website to view its description. Detailed information and instructions on the essential properties of each product can be found by clicking on the product. The seller informs the customers on the website about the instructions for use of the product, the observance of which is essential in order to preserve the life of the product.
The images shown on the product data sheet are displayed by the seller are real, with certain images being illustrations in some places, however, given that the seller manufactures individual products, the actual color of the product does not always correspond exactly to reality. The purchaser may not receive the exact item displayed on the website as the item may be slightly different due to the hand made nature of the product.
The seller wishes to inform buyers that each of her products are totally unique and any of the raw materials may be different in some items, but her products are always handmade and bespoke pieces.
- Choosing a product
The product and quantity are selected by clicking on the "add to cart" button.
The product remains in the cart for a period of 24 (twenty four) hours from the time it is placed in the cart and the same type of product is only available to other customers during this period while stocks last, any individual item already in a customer’s cart cannot be placed in another customer's cart.
If you do not complete the purchase, it will be removed from your cart after 24 (twenty-four) hours and will be made available to other customers.
By clicking on the shopping cart button, you will find the products you have placed in the shopping cart, as well as the total cost for all of the items. The buyer has the opportunity to check the quantity and price of the items placed in the cart.
Items placed in the cart can be modified at any time during checkout, customers can correct any errors and misspellings that occur during electronic recording of the entered data.
The total amount of the order is automatically updated when new items are added or removed.
During checkout, the customer can add a comment to their order for personalization purposes.
If a buyer has a comment about delivery, it must be entered as a comment in the delivery section.
- Cancelling an order
You can change your order before shipping is processed. For assistance or enquiries, call +36 70 338 2441,
or write to the following email address: info@balazskata.hu
Please provide the order number from the confirmation email as a reference.
Customer will be charged their standard rate for calling the telephone number above.
- Payment
If the buyer considers the quantity of products in the cart to be correct, has checked the final amount and decided that they want to complete the purchase, then it is necessary to click on the “buy” button.
By pressing the "buy" button, the buyer acknowledges that this action includes an obligation to make payment.
Before completing the ordering process, customers can always return to a previous page to correct any mistakes.
The final amount to be paid includes all costs based on the order.
Ownership of the products to be sold is determined by the Civil Code. 6: 216 (1), it is reserved until full purchase price is paid in full.
To send the order, customers can choose a delivery and billing address, as well as delivery and payment method from the following options:
Payment options:
Account number:
OTP Bank Nyrt.
11773432-01307317-00000000
Bank transfer: The buyer is required to transfer the total amount to the bank account found in the confirmation e-mail within 3 days. After the amount has been credited to seller's bank account, the buyer will receive the products in the manner they have specified.
The purchase is considered to be paid in full if the entire amount arrives at our bank account. Otherwise, we will not be able to deliver the order.
Online credit card: The buyer has the option to pay the total value of their order online with a credit or debit card through the secure payment system of the financial service provider (PayPal, SimplePay) used by the seller.
As the payment is not made on our website, we do not store your card details in any form, it is collected and used exclusively by the bank and only during the actual purchase process.
If you are not redirected from the payment page to the webshop page after your payment, the transaction is considered unsuccessful. If you click on the "Back" or "Refresh" button of your browser on the bank payment page or close the browser window before being redirected back to the store, the payment will be considered unsuccessful.
If you would like more information about the result of the transaction, especially when there have been payment issues, please contact your bank directly for full details.
The following information is required to pay by credit or debit card:
Card number
Expiry date
Security code
6. Processing orders
After full payment, your order will be processed within 3 days.
After ordering, you will receive an automated message.
Once payment clears on the seller’s account, the seller will confirm by email when the order will be fulfilled.
Seller disclaims any responsibility for the confirmation email if it does not arrive on time because the buyer provided the wrong email address during registration or is unable to receive a message due to the saturation of the storage space in their account.
Under the contract of sale, seller is obliged to transfer ownership of the product, buyer to pay the purchase price and receive the product.
The order is considered a written contract, webshop records the order, which will be available for the customer.
If the product is not in stock, the buyer has the option to "pre-order". In this case, customers will be notified via e-mail, - if they entered a valid e-mail address - when the product becomes available. A pre-order reservation does not constitute a contractual obligation.
Fulfilment of the order
Orders within Hungary are fulfilled within 7 working days from the date of the confirmation of the order.
Delivery times abroad may vary. Standard delivery is usually within 7 working days.
The general delivery deadline for your order is a maximum of 30 days from the confirmation of the order. This delivery deadline is for information purposes only, deviations from this will be indicated by e-mail in all cases.
Customers will be informed by e-mail when their order is passed to the courier.
Delivery fulfilled by: DHL Express Magyarország Kft., Deutche Post AG and GLS General Logistics Systems Hungary Kft. and Magyar Posta Zrt.
Company details:
DHL Express Magyarország Kft.:
Tax number: 10210798-2-44
Registered address: 1185 Budapest, BUD Nemzetközi Repülőtér repülőtér 302. ép.
Phone: +36 1 245 4545
Website: www.dhl.com
DHL International Deliveries - Deutche Post AG
Tax number: DE169838187
Registered address: Charles de Gaulle Strase 20, 53113 Bonn
Phone: +49 (0) 228 1820
E-mail: info@deucheposte.de
Website: dhl.com
GLS General Logistics Systems Hungary Kft.
Tax number: 12369410-2-44
Registered address: 2351 Alsónémedi GLS Európa u. 2.
E-mail cím: info@gls-hungary.com
Website: www.gls-group.eu
Magyar Posta Zrt.
Adószám: 10901232-2-44
Székhely: Budapest, 1138 Budapest, Dunavirág utca 2-6.
E-mail cím: ugyfelszolgalat@posta.hu
Weboldal: www.posta.hu
Free delivery within the country.
For international delivery, the following rates apply:
- 10 000 HUF for delivery to EU member states
- For all other countries outside the EU HUF 13 000
delivery charges will be applied.
An invoice for the ordered products will be included in the delivered package.
Delivery process:
Due to the fragile nature of the product, the buyer is obliged to inspect the package in front of the courier upon delivery and to request a report if they identify any damage to the products or packaging. The buyer is not obliged to accept the package if it is damaged. If the buyer fails to follow this procedure, the seller will not be able to accept an objection to the damaged product.
Subsequent complaints without a report will not be accepted by the seller.
Defective or damaged goods will be replaced at the seller’s expense within 14 working days.
If the buyer requests a refund due to faulty delivery or damage to the goods during delivery, we will refund the value of the goods within 15 days.
Website:
The user acknowledges that the seller has the right to change the features of the website, such as its appearance and content, without notifying the user.
The seller has the right to terminate the operation of the website and cancel the registration of users.
The seller will notify the users in advance.
The seller ensures the continuous availability and operation of the website 365 days a year, 24 hours a day, except for:
- downtime due to maintenance work
- force majeure: suspension of the website for unforeseeable or unavoidable reasons outside the seller, in particular war, revolution, natural disaster, unforeseen political events or governmental actions.
- suspension due to programs placed by a third party without permission that affect the operation of the website
The website is the intellectual property of the seller, the use of its content in any form, such as the logo and trademarks, program codes and graphic elements, is only possible with the prior permission of the seller. The seller is also entitled to all information and data on the website in accordance with Act LXXVI of 1999 on Copyright protection of producers of statutory databases. Disclosure or copying of all or part of the database requires the consent of the seller in all cases.
The website contains the associated applications, software, documentation, source and object codes, graphic, textual and other materials, including the domain name and logo, in accordance with Act LXXVI of 1999 on Copyright – A copyrighted work is an item the seller has exclusive ownership and property rights under copyright. These works may not be used, distributed or published by third parties in any way without the express and prior written approval of the seller.
Users may not take any action or engage in any express conduct or implicitly engage in any act that infringes or endangers the seller's intellectual property rights or other rights.
All rights in any reproduction, translation, modification, alteration, decryption, hacking and derivative works of the Website and any new software, system version or result, including any development or enhancement of the Website, are the property of, or are wholly owned by the seller and therefore these activities can only take place with the permission of the seller.
The seller is not responsible for the authenticity of the data provided during registration on the website, the accuracy of the data, or any damage or other adverse consequences arising from the use of such data and information by the user or any other third party.
The seller shall not be liable for any damages or consequences arising from the user’s failure to comply with the requirements for maintaining the confidentiality of their password.
Furthermore, the seller shall not be liable for any damage or other adverse consequences suffered by a user or other third party, or for any delay to the detriment of such persons, which occurs due to an unavoidable cause outside its scope (force majeure).
The user is obliged to inform the seller immediately if he or she notices any errors in the operation of the website, and in this context he or she is obliged to inform the seller about all the relevant circumstances and all related information.
The seller disclaims any responsibility for any damage or other adverse consequences suffered by the user or any third party as a result of the use of viruses or other programs.
Conditions of fulfilment, in particular on payment and deadline of fulfilment, and seller’s complaint handling method:
Exercise of consumer's right of withdrawal and termination:
Pursuant to Government Decree 45/2014 (II. 26.) on detailed rules of contracts between consumers and businesses (hereinafter: Government Decree), a user who qualifies as a consumer has the right of withdrawal or termination within 14 days but without a justification pursuant to Section 20 of the Government Decree, for products and services provided for consideration.
The consumer has a right of withdrawal or cancellation:
- where a contract for the sale of a product exists:
- for the individual product,
- where the order consists of several products, if each product is supplied at different times, to the last product supplied,
- where the contract consisting of several lots or pieces, the last lot or piece delivered, (4) if the product is to be supplied regularly within a specified period, the first delivery, Indicated by the date of receipt by the consumer or a third party other than the courier designated by the consumer.
- in the case of a service contract, within fourteen days of the date on which the contract is concluded.
The above does not affect the consumer's right to exercise the right of withdrawal between the start date of the contract and the date of receipt of the product.
If the consumer has shown intent to initialize a contract, the consumer retains the right to withdraw their intent before initializing the contract, which removes the obligation to finalize the contract.
The consumer user may exercise his right of withdrawal or cancellation either by letter or by a clear statement to that effect to the seller's postal address or e-mail address in accordance with Annex 2 to the Government Decree. The right of withdrawal or cancellation shall be exercised if the user sends it within the time limit set out in the preceding paragraph. It shall be the responsibility of the user to prove that he has exercised his right of withdrawal or cancellation in accordance with this paragraph.
Information may be used in the exercise of the consumer's right of withdrawal by Decree 45/2014 on the detailed rules of contracts between a consumer and a business. (II.25.) On the model declaration according to Annex 2 of the Government Decree, as follows:
- the consumer may exercise their right of withdrawal by means of a model instruction for cancelation,
- the right to withdraw within the 14 day period starts when the product is received,
- the consumer may also exercise their right of withdrawal between the date of conclusion of the contract and the receipt of the product,
- where the withdrawal has been made in writing, it is sufficient to send the statement of withdrawal within 14 days,
- the consumer must return the product immediately, but no later than 14 days after notification of the withdrawal,
- in the event of withdrawal, the Business shall reimburse the full amount paid by the consumer within 14 days at the latest,
- if the consumer withdraws and has not chosen the least expensive transport method other than the usual mode of transport, the Company is not obliged to reimburse the resulting additional costs,
- the consumer shall bear the cost of returning the product, unless the Business has agreed to bear the cost,
- the Company may claim compensation for depreciation resulting from use in excess of the use necessary to determine the nature, characteristics and operation of the product.
If the consumer withdraws from the contract, the seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in the process, without delay and at the latest within fourteen days of becoming aware of the withdrawal.
In the event of withdrawal or cancellation, the seller shall reimburse the amount to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result.
If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the seller shall not be obliged to reimburse the resulting additional costs.
If the consumer withdraws from the contract, he must return the product immediately, but no later than fourteen days after notification of the withdrawal, or hand it over to the seller or the person authorized by the seller to receive the product, unless the seller has undertaken to return the product himself. Return is considered to have been completed on time if the consumer sends proof the product has been sent within the 14 day deadline.
The consumer shall bear the direct cost of returning the product, unless the seller has undertaken to bear that cost.
The seller may withhold the amount to be reimbursed until the consumer has returned the product or has proved beyond doubt that it has been returned; the earlier of the two dates shall be taken into account.
The seller shall not be liable for any delay due to a bank account number or postal address provided incorrectly and / or inaccurately by the consumer.
The consumer does not have the right of withdrawal:
- where the product is perishable or has a short expiry date
- where the product is a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
Unjustified withdrawal is not possible for bespoke products created on the basis of individual parameters and made specifically for the customer.
Supplies warranty, product warranty and warranty information
1. Supplies Warranty
In what cases can you exercise your right to warranty for supplies?
In the event of a defective performance by the seller, you may assert a warranty for supplies in accordance with the rules of the Civil Code.
What rights do you have based on your supplies warranty claim?
You can choose to have the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice, or it would result in a disproportionate additional cost to the seller compared to meeting another demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the seller's expense or repaired by someone else or, ultimately, withdraw from the contract.
You may transfer your chosen warranty policy to another, but you will bear the cost of the transfer, unless warranted or agreed by the seller.
What is the deadline for you to enforce your warranty claim?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, your attention is drawn to the fact that you can no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract.
To whom can you enforce your warranty claim?
You can assert your supply warranty claim against the seller.
What are the other conditions for enforcing your warranty rights?
Within the first six months after receiving the item, the buyer only needs to report the defect to enforce the warranty claim if they certify that the product or service was provided by the seller. However, after six months from the date of receipt, the buyer is obliged to prove that the defect that has been recognized already existed at the time of receipt.
2. Product warranty
In what situation can you exercise your product warranty right?
In the event of a defect in the product, you may, at your discretion, assert the right or claim for product warranty specified in point 1.
What rights do you have based on your product warranty claim?
Under a product warranty claim, you may only request the repair or replacement of a defective product.
Under what circumstances is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of being advertised for sale or if it does not have the characteristics specified by the manufacturer.
What is the deadline for you to enforce your product warranty claim?
You can assert your product warranty claim within two years of the product being advertised for sale by the manufacturer. Upon expiry of this period, you shall lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You can only make a product warranty claim against the manufacturer or distributor of the product. You must be able prove the defect of the product if you wish to make a product warranty claim.
Under what circumstances is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
- the product was not manufactured or marketed in the course of their non-business activities, or
- the defect was not recognizable in the light of current scientific and technical knowledge at the time of placing on the market, or
- the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to provide reasonable proof to enforce an exemption.
Please note that you cannot claim a warranty for a product and a supply warranty at the same time, for the same issue. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for a replacement product or repaired part.
3. Guarantee
In what cases can you exercise your right to a guarantee?
Where there is defective performance, the seller shall provide a guarantee under 151/2003. (IX. 22.) of the Government act.
What rights do you have under the guarantee and within what period?
Under 151/2003. (IX. 22.), the seller provides a mandatory 1-year guarantee for the durable consumer goods listed in the annex to the decree. The guarantee period begins with the delivery of the product to the consumer or, if the commissioned work is carried out by the business or its agent, begins on the day of commissioning.
The seller informs the buyers that according to the above-mentioned Government Decree, the jewellery sold by them is subject to a mandatory guarantee if the sale price exceeds HUF 10,000. Accessories and components of jewellery with a value of more than HUF 10,000 are also covered by the guarantee.
A proof of purchase shall be deemed to have been provided if the invoice or receipt proving the payment of the order is presented by the consumer. In this case, the rights arising from the guarantee can be enforced by proof of payment.
The rules governing the exercise of guaranteed rights shall apply mutatis mutandis to the enforcement of warranty claims. If the warranty claim is correct, the customer may request a replacement or repair of the product. The buyer has the option to request a price reduction or a refund of the purchase price in the event that it is not possible to replace or repair the product.
If the buyer asserts their right to replacement within three working days of delivery of the product due to a defect in the product, the seller is obliged to replace the product, provided that the defect prevents the intended use.
When is the business released from its guarantee obligation?
The company is released from its guarantee obligation only if it proves that the cause of the defect arose after receipt. Please note that you cannot claim a warranty and a guarantee for a product at the same time, for the same issue.
The following are not considered guarantee defects, as stated in the instructions for use published by the seller:
- darkening due to natural oxidation of metal parts,
- wear and tear of pearl parts due to improper use or storage, - defects resulting from improper use or damage.
Information on other consumer issues
Remuneration for contract services and costs:
Registration on the website is free of charge for the consumer, the consumer is not obliged to pay a separate fee or cost. The consumer is obliged to pay the value of the ordered products as well as the delivery fee.
The duration of of a fixed-term contract and the conditions for terminating a contract of indefinite duration:
Information on this - if relevant in the case of a given product or service - is contained in this GTC or on the website.
The minimum duration of the consumer's obligations under the contract: The user has the right to cancel their registration on the website at any time.
How to access and use the complaint handling mechanism and dispute settlement mechanism:
The consumer may submit complaints about the product or the seller's activities to the following contact details:
Balázs Katalin e.v.
Registered address: 7478 Bárdudvarnok, Kaposdada ltp. 482/12. Email: info@balazskata.hu
Phone: +36 70 338 2441
According to the rules of the Civil Code, consumers should contact the seller with their complaint, indicating the reason for the complaint.
Consumers can primarily address their complaints in writing directly to the seller, who will do their utmost to address and remedy any violations.
The seller informs the consumer that a complaint about the webshop activity or any marketed product can be submitted electronically or by post.
The seller will immediately investigate a verbal complaint and address it as necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the seller shall take minutes of the complaint and their position on it, and send the consumer a copy:
- where an oral complaint is made in person, hand the copy over to the consumer on the spot
- where an oral complaint is made by telephone, a copy is sent to the consumer within 30 days, at the same time as their substantive reply, otherwise, it the procedure to deal with written complaints will be followed.
A copy of the response and a record of the complaint will be kept by the seller for 5 years and will be presented for inspection by the authorities upon request.
The seller shall respond to the complaint received by e-mail or post in writing within 30 days and send it to the consumer.
If the seller does not consider the complaint to be justified, they shall send a response to the consumer in writing, stating the reasons, and shall provide the consumer with information on the complaint handling options available to them according to the nature of the complaint.
The seller and the consumer shall settle their disputes primarily out of court by conciliation. If the conciliation does not lead to a result, the consumer may apply to an authority, court or conciliation body in accordance with the applicable legislation and the GTC.
Where a conciliation body is required, the conciliation body closest to the local registered office of the seller and the postal address of its registered office is:
Somogy Megyei Békéltető Testület Székhely:
7400 Kaposvár, Anna u. 6.
Telefon: 06-82-501-000
The following disputes fall within the jurisdiction of the conciliation body: a dispute between a consumer and a business concerning the quality, safety, application of product liability rules, quality of service and the conclusion and performance of a contract between the parties (hereinafter: consumer dispute); out-of-court settlement: to try to reach an agreement to this end and, in the event of failure, to rule on the matter in order to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer's rights and obligations. The condition for initiating conciliation proceedings is that the consumer directly seeks to resolve the dispute with the business concerned. The conciliation body's proceedings are initiated at the consumer's request. The request shall be made in writing to the chairperson of the conciliation body.
More information about conciliation bodies is available by clicking on the following link: http://www.bekeltetes.hu
Find local conciliation body by clicking on the following link:
https://bekeltetes.hu/index.php?id=testuletek
The seller will use the conciliation panel procedure to resolve the consumer dispute.
In addition to the conciliation panel procedure, the consumer has the following enforcement options:
Complaint to the consumer protection authority:
Nemzeti Fogyasztóvédelmi Hatóság:
Cím: 1088 Budapest, József krt. 6.
Levelezési cím: 1428 Budapest, PF: 20.
Központi telefonszám: +36 1 459 4800
Faxszám: +36 1 210 4677
The consumer can turn to the consumer protection authority for any consumer protection issue. The consumer protection authority acts on request or ex officio, thus examining the market behavior of the company from the point of view of consumer protection. However, the individual case of the consumer is resolved by the conciliation body, i.e. the consumer protection authority transfers the applicant's case to the conciliation body.
In the first instance, the consumer protection authority, unless otherwise provided by law, is the district office. The contact details of the consumer protection authority can be found at https://jarasinfo.gov.hu/.
Judicial proceeding:
The consumer is entitled to enforce their claim arising from a consumer dispute in court in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure in accordance with the provisions of this Act.
In addition to this GTC, the protection of personal data and the related rights and obligations of the Contracting Parties are regulated by the provisions of the Data Management Information and EU Regulation No. 2016/679 (General Data Protection Regulation).
You can also use the European Online Dispute Resolution Platform to submit a consumer complaint.
The platform allows you to submit your dispute to an approved dispute resolution body.
The European Online Dispute Resolution (ADR) platform, operated by the European Commission, aims to make online shopping safer and fairer by providing high-quality dispute resolution.
The online dispute resolution (OVR) platform is not affiliated with any merchant. The OVR platform is available in all official EU languages as well as in Icelandic and Norwegian.
Dispute settlement bodies are impartial organizations / individuals. Their purpose is to help consumers and traders settle their disputes out of court. The amicable settlement of disputes is usually faster and cheaper than going to court.
Using the online dispute resolution platform is easy. Users are instructed throughout the process. The platform can translate into all EU languages and works with automatic deadlines for handling complaints.
The advantage is that consumers can settle their disputes free of charge or for a very small amount, and traders can avoid lengthy litigation procedures and maintain good relations with their customers.
The use of the online dispute resolution platform requires registration in the European Commission's system, and after logging in, the consumer can submit a complaint via the online dispute resolution platform's website if he has not been able to settle his dispute directly with the business.
Website address:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
FINAL PROVISIONS:
By using the services of the website, the customer declares that he has read the content of the General Terms and Conditions and the Data Management Information, has taken note of its contents, and expressly consents to the processing of his / her personal data in accordance with it.
The user acknowledges that the seller is entitled to handle the data required for invoicing in accordance with Act C of 2000 on Accounting, as defined therein, even if the purpose of the data management has otherwise ceased.
The seller will take the necessary measures to protect personal data.
If any provision of this GTC is considered null and void, it does not affect the validity of the entire GTC.
The seller reserves the right to unilaterally amend the GTC. The changes will take effect upon publication on the website.
The Contracting Parties state that they stipulate the jurisdiction of the Kaposvár District Court and the Kaposvár Tribunal in case of their disputes.
Sample statement for withdrawal
(fill in and return only in case of intention to withdraw from the contract)
Address to Balázs Katalin e.v.
I, the undersigned, declare that I exercise my right of withdrawal / termination in respect of the contract for the sale of the following product (s) or the provision of the following service:
Date of conclusion of contract / date of receipt:
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s): (paper declaration only)
Dated