The present General Terms and Conditions (hereinafter referred to as “GTC”) are concluded between SolarLuna Energetikai és Ingatlanfejlesztési Korlátolt Felelősségű Társaság (registered office: 1046 Budapest, Lázás Vilmos utca 2. building. fszt.; company registration number: 01 09 375055; tax number: 28810836-2-41; hereinafter referred to as “Service Provider”), and the Service Provider, as published on https://solarluna. com/ (hereinafter referred to as the Website) (hereinafter referred to as the Parties).
The GTC apply to all legal transactions and services that take place through the Website, regardless of whether they are carried out from Hungary or abroad, by the Service Provider or its intermediaries.
Service provider details |
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Name: |
SolarLuna Kft. |
Headquarters: |
1046 Budapest, Lázár Vilmos utca 2. ép. fszt. |
Your mailing address: |
1046 Budapest, Lázár Vilmos utca 2. ép. fszt. |
Your email address: |
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Company registration number: |
01 09 375055 |
Tax number: |
28810836-2-41 |
1. General information, conclusion of the contract between the Parties
1.1. These GTC apply to all electronic commerce services provided through the electronic store on the Website (hereinafter referred to as the “Web Store”). Furthermore, these GTC apply to all commercial transactions between the Parties as defined in this Agreement. Purchases in the Webshop are governed by Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter referred to as the “Act on Electronic Commerce”).
1.2. Purchases in the Webshop can be made by placing an order electronically, as specified in these GTC.
1.3. A significant part of the services of the Webshop is available to all users, even without registration. However, some services require registration – and subsequently access – which anyone is entitled to do as set out in these GTC.
1.4. The contract concluded between the Parties with the purchase of the product in Hungarian shall be considered a written contract, the Service Provider shall file it and keep it for 5 (five) years after its conclusion, and it shall be accessible afterwards.
The contract concluded between remote customers can be viewed by the Customer by logging into his/her registered account under “My Orders”, from where the contract can be saved or printed.
1.5. The language of the contract is Hungarian.
1.6. The Service Provider is not subject to any code of conduct.
1.7. Customer service
Customer support office location: |
1106 Budapest, Porcelán u. 5. |
It is not possible to receive customers in person at the customer services office. The Customer can only contact the customer service by e-mail. |
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Your mailing address: |
1046 Budapest, Lázár Vilmos utca 2. ép. fszt |
E-mail: |
1.8. The images displayed on the data sheets of the products in the Webshop are illustrations and may differ from reality! The Service Provider shall not be liable for any unannounced changes to the technical specifications, the supplier or for reasons beyond its control.
1.9. The Service Provider reserves the right to reject all or part of orders already confirmed. Partial fulfilment may only take place after consultation with the Customer.
The Customer acknowledges that, following the order placed in the Webshop, a distance contract of sale is concluded between the Customer and the Service Provider for the ordered product as a consequence of the confirmation by the Service Provider. The Customer expressly acknowledges that his/her order in the Webshop entails a payment obligation.
2. Registration
2.1. Registration can be done by filling in the form under the “My Account” menu on the Main Page or by embedding it in the payment process. Under the “My Account” menu, you will be required to enter a real e-mail address, name and a password of your choice. Once the data has been entered, the registration will be created and a confirmation message will be sent to the email address provided. If the Customer proceeds from the Shopping Cart page with the intention to purchase and pay, the registration can be carried out in a simplified way by entering only a real e-mail address. In this case, a confirmation message will be sent to the Customer at the e-mail address provided, including a link to set a password. By registering on the Website, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the Website and consents to the processing of data as set out in the Privacy Policy.
2.2. The Service Provider shall not be liable for any delay in delivery or any other problem or error caused by the Customer’s incorrect and/or inaccurate data. The Service Provider shall not be liable for any damage resulting from the Customer forgetting his password or from the password becoming available to unauthorized persons for any reason beyond the Service Provider’s control. The Service Provider shall treat each registration as a single individual. It is possible to change previously recorded data after logging in, in the “My account” menu, which may also affect the data of active orders. The Service Provider shall not be liable for any damage or error resulting from the Customer’s modification of the registered data. The Customer shall notify the Service Provider of any changes to the data related to the registration or shall make the data modifications in person.
2.3. The Customer has the right to cancel his/her registration at any time by sending an e-mail to the Customer Service. After receiving the message, the Service Provider is obliged to delete the registration immediately. The Customer’s user data will be removed from the system immediately after the cancellation; however, this does not affect the storage of data and documents related to orders already placed, and does not result in the deletion of these data. Once removed, the data can no longer be restored.
2.4. The Customer is solely responsible for maintaining the confidentiality of user access data (in particular passwords). If the Customer becomes aware that the password provided during registration has been accessed by an unauthorised third party, he/she shall immediately change his/her password, and if it is suspected that the third party is misusing the password in any way, he/she shall notify the Service Provider at the same time.
2.5. The Customer undertakes to update the personal data provided during registration as necessary to ensure that they are up-to-date, complete and accurate. The Client shall keep the personal data up to date and notify the Service Provider of any changes to the data, if necessary for the performance of the service or for the enforcement of other legitimate interests.
3. Order
3.1. Orders may only be placed by a natural person over the age of 18 who is not a ward of a court.
3.2. The essential properties and characteristics of the products to be sold, as well as the instructions for their use, can be found on the information page of the product concerned. The Service Provider shall be deemed to have fulfilled its contractual obligations if the product has more favourable or advantageous characteristics than the information provided in the Webshop. If you have any questions about the product before purchasing, our customer service is at your disposal. The instructions for use of the products we sell are enclosed with the products where required by law. If by chance you do not receive the mandatory instructions for use with the product, please contact our customer service immediately before using the product and we will replace them. If you need more information about the quality, essential characteristics, use or usability of any product on the Webshop than is provided on the Webshop, please contact our customer service, whose details and contact details are set out in section 1.7 of these GTC.
3.3. The purchase price is always the amount indicated next to the selected product, which, unless otherwise indicated, already includes VAT. The purchase price of the product does not include the cost of delivery.
3.4. The Service Provider reserves the right to change the prices of products that can be ordered from the Webshop, provided that the change will take effect at the same time as the change is published on the Webshop. The change will not adversely affect the purchase price of products already ordered. In the event of a price decrease between the date of sending the electronic payment notification and the date of receipt of the product, we are not able to refund any money when you initiate payment by online credit card. The security check of the online payment transaction takes a minimum of 24 (twenty-four) hours, after which the product can only be accepted.
3.5. Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.
3.6. If in spite of its due diligence, an incorrect price is displayed on the Webshop’s interface, in particular with regard to a clearly incorrect price, e.g. a price that differs significantly from the well-known, generally accepted or estimated price of the product, including a conspicuous disproportion in value, or a price of “0” Ft or “1” Ft due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase. The Customer shall have this right of withdrawal without giving any reason.
3.7. After logging in to the Webshop, the Customer will have access to additional options in the “My Account” panel, such as: order history, view the status of the last order, save delivery addresses, send the latest product information.
3.8. The Service Provider will accept orders via its Webshop only from registered Customers and only if the Customer completes all the fields required for the order. If the Customer fills in a field incorrectly or incompletely, an error message will be sent. The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate order data provided by the Customer.
You can place an order in the Webshop by logging in after registration and then using the Shopping Cart. The Customer can add the selected products to the Shopping Cart by clicking on the “Add to Cart” button on the product details page after clicking on each product. The contents of the Shopping Cart can be viewed and modified by clicking on the Shopping Cart icon in the top right-hand corner of the Webshop. Once the Customer has finalised the contents of the Shopping Cart, he/she can enter the billing and delivery details in the interface that appears by clicking on “Proceed to checkout”. Once all the necessary details have been provided, they can click on the “Enter coupon code” button to enter the coupon code that entitles them to the discount. After clicking on the “Submit Order” button, the Customer will be redirected to the order confirmation page; from this page, they can either continue with the purchase or proceed to the order summary page. When paying online through the Barion interface, payment must be made immediately after the order is placed by providing the transaction details required to settle the order total. If the payment is not received by the Service Provider or the legal entities involved in the transaction, the order shall be deemed incorrect, whereupon no contract shall be concluded between the Parties and the order shall not be processed. In this case, the Customer shall initiate a new order.
The order is placed and the offer is sent by clicking on the “Send order” button. The order is therefore placed by clicking on the “Send order” button, which creates a payment obligation for the Customer.
3.9. At any stage of the order process, until payment is made, the Customer may cancel the order by interrupting the order process and leaving the order page. An incomplete order will not be processed.
3.10. After placing an order, the Customer will immediately receive an order confirmation to the e-mail address specified at the time of registration. The e-mail will contain the unique order number, which can be used, for example, to check the status of the order.
3.11. The Service Provider may contact the Customer via the e-mail address or telephone number provided by the Customer in the event of any questions regarding the processing of the order.
3.12. The purchase price of the products displayed on the Webshop is indicated gross of VAT and other public charges. The purchase price shown next to the product does not include the cost of delivery. The price of the product is displayed in Hungarian Forint (HUF) and in Euro (EUR) (the Customer can choose the appropriate currency when setting the currency). The Service Provider will provide detailed information about its occasional special promotions and sales on the Webshop.
4. Correcting data entry errors
4.1. At any stage of the order and until the order is sent to the Service Provider, the Customer has the possibility to correct data entry errors in the ordering interface (e.g. deleting a product from the shopping cart by clicking on the “remove” button).
5. Binding nature of the offer, confirmation
5.1. The receipt of the offer (order) sent by the Customer shall be confirmed by the Service Provider without delay, by means of an automatic confirmation e-mail to the Customer within 48 (forty-eight) hours at the latest, which confirmation e-mail shall contain the data provided by the Customer during the purchase or registration (e.g. billing and shipping information), the order ID, the date of the order, the list of items belonging to the ordered product, the quantity, the price of the product, the shipping cost and the final amount payable. This confirmation e-mail only informs the Customer that his order has been received by the Supplier.
5.2. The offer (order) made by the Customer shall be deemed to be finally accepted by the Service Provider when it sends a delivery notification to the Customer at the e-mail address provided, which shall constitute a valid contract between the Parties.
5.3. The Customer shall be exempted from the obligation to make an offer if he/she does not receive the confirmation e-mail from the Service Provider regarding the order sent without delay, but not later than 48 (forty-eight) hours.
Exceptions to the exemption are if the delay in the confirmation e-mail is caused by a false or incorrect e-mail address provided by the Customer or if the Customer’s e-mail account is unable to receive messages because his/her mailbox is full. In these cases, the Customer is obliged to purchase the product even if the confirmation e-mail was not received within the time limit.
5.4 If the Customer has already sent an order to the Service Provider and notices an error in the data contained in the confirmation e-mail, he/she must notify the Service Provider within 1 (one) day or may do so when the Service Provider contacts him/her by telephone in order to avoid the execution of unwanted orders.
5.5 The order shall be deemed to be a contract concluded by electronic means, which shall be governed by Act V of 2013 on the Civil Code (hereinafter referred to as the Civil Code), the provisions of the Civil Code. The contract is subject to the provisions of the Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
5.6 If the product to be ordered is not available at the time of placing the order, or the product marked as “For Order” is not available within the period indicated on the Webshop, the Service Provider reserves the right not to accept the order of the product, in which case no contract will be concluded, of which the Customer will be notified. Any payments made to the Customer in advance will be refunded by the Supplier without delay.
6. Delivery, payment and billing terms
6.1 The Server shall deliver the ordered and requested goods to the Customer at a delivery charge. The Server shall inform the Customer of the delivery charge during the ordering process. The delivery charge shall be determined taking into account the products in the basket. The Service Provider shall be entitled to apply different delivery charges for different product categories (including but not limited to: large parcels, small parcels). During certain discount periods, the Service Provider will deliver the goods ordered and requested to be delivered free of charge to the customer’s home, using its own means of transport or a carrier, if the gross value of the order in question is equal to the amount of the free delivery as published on the Webshop or in the relevant promotion, or the order otherwise meets the conditions of the promotion. The Supplier is entitled to determine the conditions unilaterally. If the Customer also orders a product that is not covered by the free shipping, the Service Provider shall be entitled to charge a shipping fee in connection with that order. For orders with a delivery charge, the freight charge (delivery charge) shall be borne by the Customer, in such a way that the freight charge is indicated on the order summary screen, on the invoice and in the confirmation e-mail. If the Customer indicates this when placing the second order and the Service Provider’s feedback indicates that this is still possible, the Service Provider may combine the order and the fare will be charged to the Customer’s account.
For information on transport, click here.
6.2. The Customer acknowledges that, unless otherwise agreed by the Parties, the Service Provider shall provide the goods to the Customer without delay after the conclusion of the contract, but no later than 30 (thirty) days. In the event of a delay on the part of the Supplier, the Customer shall be entitled to set a grace period. If the Supplier fails to perform within the grace period, the Customer is entitled to withdraw from the contract. If the contract should have been performed at the time agreed by the Parties or at the time agreed for the performance of the service, and not at any other time, the Customer shall be entitled to withdraw from the contract without notice. The Customer therefore expressly acknowledges that if the Parties have agreed on an expected deadline and the Service Provider fails to perform, the Customer shall be entitled to withdraw from the Contract.
Delivery times may be longer during sales, special campaigns or epidemics.
6.3 Services ordered in the Webshop will be fulfilled by the Service Provider at the location indicated in the order confirmation sent to the Customer by e-mail.
6.4 The Service Provider will issue an electronic invoice to the Customer, after the order has been sent, to the email address provided by the Customer, as proof of payment. Acceptance of these GTC constitutes the electronic invoice recipient’s consent. Upon acceptance of these GTC, the Customer agrees to the issuance of an electronic invoice by the Service Provider.
In accordance with the above, by placing an order, modifying an order and accepting these GTC, the Customer expressly agrees to receive the electronic invoice issued by the Service Provider and in compliance with the legislation in force, and to download it from the “Orders” section of his personal page or from the invoice letter sent by the Service Provider by the date specified therein. The electronic invoice shall be available on the Customer’s personal page for at least the period specified in the specific laws (VAT Act, Accounting Act).
An electronic invoice issued by the Service Provider is an electronically issued accounting document, which is fully compliant with accounting and VAT legislation and is fully identifiable for tax administration purposes. Electronically issued invoices must be stored electronically in accordance with the legislation in force. The original electronic invoice, as an electronically issued accounting document, is a valid proof of the existence of rights and obligations relating to the payment of tax.
The electronic invoice issued in this way complies with the conditions set out in Act CXXVII of 2007 on Value Added Tax, Decree 23/2014 (30.VI.) of the National Ministry of Finance and other legislation on electronic invoices.
7. Right of withdrawal
The provisions of this clause apply only to natural persons acting outside the scope of their profession, occupation or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as the Consumer). The consumer is entitled, in the case of a contract for the sale of goods, toa terméknek,
- when supplying more than one product, the last product supplied,
- in the case of products consisting of several lots or pieces, the last lot or piece supplied,
- if the product is to be supplied regularly within a specified period, to withdraw from the contract without giving any reason within 14 (fourteen) days of the date of the first service, the date of receipt of the product by the Consumer or a third party other than the carrier and indicated by the Consumer.
The consumer is also entitled to exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product. In the case of a contract for the provision of a service, the consumer may exercise his right of withdrawal within fourteen days from the day of conclusion of the contract.
The consumer has no right of withdrawal
- in the case of a contract for the provision of a service, after full performance of the service, but, where the contract imposes a payment obligation on the Consumer, only if performance has begun with the Consumer’s express prior consent and the Consumer’s acknowledgement that he will lose his right of withdrawal once the undertaking has fully performed the contract;
- for a good or service whose price or charge is subject to fluctuations in the financial market which cannot be influenced by the undertaking and which are possible within the time limits laid down by law;
- for non-prefabricated goods which have been produced on the instructions or at the express request of the Consumer or for goods which are clearly personalised for the Consumer;
- goods that are perishable or of short duration;
- sealed goods that cannot be returned after opening after delivery for health or hygiene reasons;
- goods which, by their nature, are inseparably mixed with other goods after delivery;
- for alcoholic beverages whose real value depends on market fluctuations in a way beyond the control of the undertaking and whose price was agreed between the parties at the time of the conclusion of the sales contract, but the contract is performed only after the 30th (thirtieth) day following the conclusion of the contract;
- in the case of a contract for a business where the business visits the Consumer at the Consumer’s express request to carry out urgent repair or maintenance work;
- for the sale of a copy of a sound or video recording or of computer software in sealed packaging, if the Consumer has opened the packaging after delivery;
- newspapers, periodicals and periodicals, with the exception of subscription contracts;
- for contracts concluded by public auction;
- for a contract for the provision of accommodation, transport, car rental, catering or leisure services other than for housing, if the contract has a specific performance date or time limit;
– in respect of digital content provided on a non-tangible medium, if the undertaking has begun performance with the express prior consent of the Consumer and the Consumer has, at the same time as giving such consent, acknowledged that he/she loses his/her statutory rights after the performance has begun and the undertaking has sent the Consumer a confirmation in accordance with the law.
7.1 If the Consumer wishes to exercise the right of withdrawal, he/she must send (by post or electronic mail) a clear declaration of his/her intention to withdraw (Annex 1) to the Service Provider using the contact details indicated at the beginning of these GTC. The consumer shall exercise his/her right of withdrawal within the time limit if he/she sends his/her notice of withdrawal to the Service Provider before the expiry of the time limit indicated above.
7.2 The burden of proof that the consumer has exercised his/her right of withdrawal in accordance with the provisions set out in clause 7 of these GTC.
7.3 In both cases, the Service Provider shall immediately acknowledge the receipt of the Consumer’s withdrawal by e-mail.
7.4 In case of a written withdrawal, it shall be deemed to have been validated in time if the Consumer sends his/her declaration to the Service Provider within 14 (fourteen) days (up to the 14th (fourteenth) calendar day).
7.5 In the case of notification by post, the Service Provider shall take into account the date of posting, in the case of notification by e-mail, the date of sending the e-mail for the purpose of calculating the time limit. The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven.
7.6 In the event of withdrawal, the Consumer shall return the ordered product without undue delay to the address of the collection point indicated below, but no later than 14 (fourteen) days from the date of notification of withdrawal.
Takeover point: 1106 Budapest, Porcelán u. 5.
The Servicer is entitled to unilaterally specify other pick-up points in addition to this pick-up point. The Servicer shall be entitled to unilaterally determine at which collection points (including, but not limited to: large parcels, small parcels) the given product categories can and cannot be delivered. However, this provision does not affect the Customer’s statutory right of withdrawal, i.e. the Service Provider is obliged to maintain at least one collection point to which the products distributed by it and affected by a withdrawal initiated by the Customer may be returned.
7.7 The deadline is deemed to have been met if the Consumer sends (posts or delivers to the courier ordered by the Consumer) the product before the expiry of the 14 (fourteen) day deadline.
7.8 The cost of returning the product to the Service Provider’s address shall be borne by the Consumer, unless the Service Provider has agreed to bear such costs. At the Consumer’s request, the Service Provider shall arrange for the return of the goods, but the cost of the return arranged by the Service Provider shall be borne by the Consumer, in which case the Service Provider shall not assume the cost of the return arranged by the Service Provider from the Consumer, but shall only assist the Consumer in not having to arrange for the return of the goods. The Consumer’s request to this effect shall be dealt with by the Service Provider’s customer service.
7.9 The Service Provider is not able to accept the parcel returned by cash on delivery. The Consumer shall not be charged any costs other than the cost of returning the product.
7.10. If the Consumer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 (fourteen) days from the date of receipt of the Consumer’s notice of withdrawal, except for the additional costs incurred due to the fact that the Consumer chose a transport mode other than the cheapest usual transport mode offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has provided credible proof that it has been returned, whichever is the earlier.
7.11. For the refund, the Service Provider will use the same payment method as the one used for the original transaction, unless the Consumer explicitly agrees to use another payment method; no additional costs will be charged to the Consumer as a result of using this refund method.
7.12. The consumer can only be held liable for depreciation in the value of the product if it is due to use beyond the use necessary to establish the nature and characteristics of the product.
7.13. The Service Provider may claim the reimbursement of depreciation or reasonable costs resulting from the use of the product beyond the use necessary to establish its nature, characteristics and functioning.
7.14. The Service Provider shall, upon receipt of the returned product, subject it to a quality control procedure to determine whether or not the returned product is defective. The Customer will only be entitled to a refund if the Product has not been used. The returned product must include the original labels and packaging. The Customer is responsible for any obsolescence resulting from use of the product. Products returned used or damaged will not be accepted by the Supplier and the refund claim must be rejected.
8. Qualifying period
8.1 The Service Provider has a warranty obligation for its products pursuant to the Civil Code and Government Decree 151/2003 (IX. 22.), which means that during the warranty period, the Service Provider is only exempted from liability if it proves that the defect is due to improper use of the product.
8.2 The duration of the warranty (the warranty period) shall commence upon actual performance, i.e. upon delivery of the product to the Customer.
A defect is not covered by the warranty if the cause of the defect occurred after the delivery of the product to the Customer, for example:
- misuse, failure to observe the instructions for use,
- incorrect storage, incorrect handling, damage,
- damage caused by natural disasters.
For defects covered by the warranty, the Customer:
- in the first place, at its choice, repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for the Service Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in its original condition, the seriousness of the breach of contract and the damage to the Customer’s interests caused by the fulfilment of the warranty claim.
– if the Service Provider has not undertaken to repair or replace the goods, cannot fulfil this obligation within a reasonable period of time, without prejudice to the interests of the Consumer, or if the Customer’s interest in repair or replacement has ceased, the Customer may, at his option, request a proportionate reduction in the purchase price or withdraw from the contract. No cancellation may be made for minor defects.
If the Customer makes a replacement claim due to a defect in the product within 3 (three) working days from the date of purchase (installation), the Service Provider is obliged to replace the product, provided that the defect prevents the proper use of the product.
The repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the product and the intended use expected by the Customer, and without prejudice to the interests of the Customer. The Supplier shall endeavour to carry out the repair or replacement within a maximum of 15 (fifteen) days.
The warranty period does not include the part of the repair period during which the Customer cannot use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period shall start anew for the replaced (repaired) product (part of the product) and for the defect resulting from the repair.
8.3 The costs of fulfilling the warranty obligation shall be borne by the Service Provider.
8.4 The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
8.5 However, the Customer shall not be entitled to assert a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time and in parallel. Notwithstanding these limitations, the Customer’s rights under the warranty shall be independent of the rights set out in Clauses 9.1 and 9.2 of these GTC.
8.6 The warranty shall not affect the Customer’s statutory rights, in particular the right to claim for accessories, product warranty and damages.
9. Warranty
9.1. Warranty for accessories
9.1.1.1 The Customer may assert a warranty claim against the Service Provider in the event of defective performance by the Service Provider. In the case of a consumer contract, the Customer may assert a warranty claim within a limitation period of 2 (two) years from the date of receipt for product defects that existed at the time of delivery of the product. After the 2 (two) year limitation period, the Customer may no longer enforce its warranty rights.
9.1.2 In the case of a contract concluded with a non-consumer, the rightful claimant may enforce his warranty claims within a limitation period of 1 (one) year from the date of receipt.
9.1.3 The Customer may, at his option, request repair or replacement, unless the fulfilment of the Customer’s chosen request is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his other request. If the repair or replacement was not or could not have been requested by the Customer, the Customer may request a proportionate reduction of the consideration or, as a last resort, withdraw from the contract. There shall be no right of withdrawal for minor defects.
9.1.4 The Customer may switch from one warranty right to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
9.1.5 The Customer shall notify the Service Provider of the defect immediately after its discovery, but not later than 2 (two) months after the discovery of the defect.
9.1.6. The Customer may assert a warranty claim directly against the Service Provider.
9.1.7 Within 6 (six) months from the date of performance of the contract, the Customer shall not be entitled to claim for any defects other than the notification of the defect, if the Customer proves that he/she purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice). In such a case, the Service Provider shall be exempted from the warranty only if he/she rebuts this presumption, i.e. proves that the defect of the product occurred after delivery to the Customer. If the Service Provider can prove that the cause of the defect is attributable to the Customer, it is not obliged to accept the Customer’s warranty claim. However, after 6 (six) months from the date of performance, the Customer shall be obliged to prove that the defect which he has discovered existed at the time of performance.
9.1.8 If the Customer asserts a warranty claim in respect of a part of the product that can be separated from the product in respect of the defect indicated, the warranty claim shall not be deemed to be asserted in respect of the other parts of the product.
9.2. Product warranty
9.2.1 In the event of a defect in the product (movable item), the Customer, as a consumer, may, at his/her option, assert the right to claim for a warranty of accessories or a product warranty as set out in clause 9.1 of these GTC.
9.2.2 However, the Customer shall not be entitled to assert a warranty claim and a product warranty claim for the same defect at the same time and in parallel. However, in the event of a successful product warranty claim, the Customer may assert a claim for a replacement product or repaired part against the manufacturer.
9.2.3 As a product warranty claim, the Customer may only request the repair or replacement of the defective product. The Customer must prove that the product is defective in the event of a product warranty claim.
9.2.4 A product is considered defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
9.2.5.The Customer may assert a product warranty claim within 2 (two) years from the date of placing the product on the market by the manufacturer. The Customer shall be obliged to notify the manufacturer of the defect without delay after the defect has been discovered. A defect notified within 2 (two) months of the discovery of the defect shall be deemed to have been notified without delay. The consumer is liable for any damage resulting from the delay in notification.
9.2.6 The Customer may exercise a product warranty claim against the manufacturer or distributor of the movable item.
9.2.7 For the purposes of the Civil Code, the manufacturer and the distributor of the product are deemed to be the manufacturer.
9.2.8 The manufacturer or distributor shall be released from its product warranty obligation only if it can prove that:a terméket nem üzleti tevékenysége körében gyártotta, illetve hozta forgalomba, vagy
- – the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
– the defect in the product results from the application of a legal or regulatory requirement.
9.2.9 The manufacturer or distributor need only prove one ground for exemption.
10. Responsibility
10.1 The information on the Webshop is provided in good faith, however, it is for informational purposes only and the Service Provider is not responsible for the accuracy and completeness of the information.
10.2 The Customer may use the Webshop solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Webshop, in addition to liability for breach of contract caused intentionally, by gross negligence or by a criminal offence, or for damage to life, limb or health.
10.3 The Service Provider excludes all liability for the conduct of the users of the Website. The Customer shall be fully and exclusively responsible for its own conduct, in which case the Service Provider shall cooperate fully with the competent authorities in order to detect any infringements.
10.4 The pages of the service may contain links to the pages of other service providers. The Service Provider is not responsible for the privacy practices or other activities of such service providers.
10.5 The Service Provider is entitled, but not obliged, to check the content that the Customer may make available during the use of the Webshop, and the Service Provider is entitled, but not obliged, to look for signs of illegal activity with regard to the published content.
10.6 Due to the global nature of the Internet, the Customer agrees to act in compliance with the provisions of applicable national laws when using the Website. If any activity related to the use of the Webshop is not permitted under the laws of the Customer’s country, the Customer shall be solely responsible for such use.
10.7 If the Customer notices any objectionable content on the Webshop, he/she shall immediately notify the Service Provider. If the Service Provider, in the course of its good faith conduct, finds the report to be justified, it shall be entitled to delete the information or to amend it without delay.
11. Copyright
11.1 The Webshop is protected by copyright. The Service Provider is the copyright owner or the authorised user of all content displayed on the Webshop and in the course of providing the services available through the Webshop: any copyright works or other intellectual works (including, but not limited to, all graphics and other materials, the layout and design of the Webshop interface, the software and other solutions used, ideas, implementations).
11.2 The saving or printing of the contents of the Webshop, as well as parts thereof, on physical or other data carriers for private use or with the prior written consent of the Service Provider is permitted. Any use other than private use, such as storage in a database, transmission, publication or downloading, commercialisation, is only possible with the prior written consent of the Service Provider.
11.3 In addition to the rights expressly provided for in these GTC, registration, use of the Website or any provision of these GTC does not grant the Customer any right to use or exploit in any way any trade name or trademark displayed on the Website. Apart from the display, temporary reproduction and private copying required for the normal use of the Website, these intellectual works may not be used or exploited in any other form without the prior written consent of the Service Provider.
12. Enforcement options
12.1. Handling complaints
The Customer may submit consumer complaints about the product or the Service Provider’s activities to the following contact details:
Customer service |
|
Mailing address: |
1046 Budapest, Lázár Vilmos utca 2. ép. fszt. |
E-mail address: |
The Customer may submit a consumer complaint about the product or its activities in writing to the contact details set out in clause 12.1 of these GTC.
The complaint must include the reason for the complaint and the information necessary to identify the order.
The Service Provider is obliged to investigate and respond to the written complaint within 30 (thirty) days of receipt and to ensure that the response reaches the Customer. If the Service Provider rejects the complaint, it shall state the reasons for its position in its substantive reply to the rejection.
The Service Provider shall keep the record of the complaint and a copy of the reply for 5 (five) years.
The Service Provider shall accept objections submitted by the Customer at the direct contact details provided in clause 12.1 of these GTC.
The Service Provider gives the Customer the opportunity to return the defective product by courier service at the expense of the Service Provider, and to do so, please contact the Service Provider at the e-mail address specified in Section 12.1 of these GTC.
Please note that the Service Provider is not responsible for:
- for damage caused by natural wear and tear,hibás / gondatlan használatból eredő károkért,
- for damage caused by abnormal consumption or misuse,
- for any damage caused by improper handling of the product as described.
12.2. Other enforcement options
If any consumer dispute between the Service Provider and the Customer is not resolved through negotiations with the Service Provider, the following enforcement options are available to the Customer:
- Entry in the customer’s book: Customers’ book is available in all of the Service Provider’s stores. Service Provider should respond in writing to the entries made within 30 (thirty) days.
- Complain to the consumer authorities. If the Customer detects a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings. A list of the competent government authorities is available at https://www.kormanyhivatal.hu.
- Conciliation Body. For the out-of-court, amicable settlement of consumer disputes relating to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings before the conciliation body competent for the place of residence or stay, or may apply to the conciliation body of the professional chamber competent for the place of establishment of the Service Provider. For the purposes of the rules on the conciliation body, a consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise within the meaning of a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.
Budapest Conciliation Board
contact details:
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: 1253 Budapest, Pf.: 10.
E-mail address: bekelteto.testulet@bkik.hu
Central telephone number: +36 1 488 2131
Fax: +36 1 488 2186
In case of cross-border consumer disputes related to online sales contracts, consumers can settle their cross-border disputes related to online purchases electronically by submitting an electronic complaint through the online platform available at the following link:
https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show
To do this, the consumer simply registers on the online platform available at the link above, fills in a complete application and submits it electronically to the conciliation body via the platform. This makes it easy for consumers to enforce their rights, despite the distances involved.
In Hungary, the Budapest Conciliation Board (BBT) has the right to act in cross-border disputes between consumers and traders related to online sales or service contracts.
- Court proceedings. The Customer shall be entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
13. Other provisions
13.1. The Webshop is a WordPress platform, PHP programming language based information system, the level of security is adequate, the use of the Webshop does not pose any risk, however, we recommend that you take the following precautions: use virus and spyware protection software with an up-to-date database, install security updates of the operating system. Purchasing from the Webshop implies the Customer’s knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology.
13.2 The Service Provider is entitled to unilaterally modify the terms and conditions of these GTC at any time. The Service Provider shall inform the Customer of such amendments via the Webshop interface. Following the modification, the use of the Webshop is subject to the Customer’s express acceptance of the modifications through the Webshop and in the manner provided therein.
Budapest, 2024.01.22.
SolarLuna Kft.
Annex 1
Sample withdrawal / cancellation notice
(fill in and return only if you wish to withdraw from the contract)
Addressee [insert the name, postal address and e-mail address of the company]:
I, the undersigned, declare that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the purchase of the following good(s) or the provision of the following service(s):
Date of contract conclusion/acceptance:
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (for paper declarations only):
Dated