General conditions of contract and usage

(Download/printing of material HERE.)

 

  1. Operator of webshop

The webshop at https://www.vitamed.life/index.php/en/ internet address is operated by

NutriMed Étrendkiegészítõ Korlátolt Felelõsségû Társaság

(NutriMed Étrendkiegészítõ Ltd.)

Short name: NutriMed Étrendkiegészítõ Kft.

Corporate registration number: 09-09-029212 – Debreceni Törvényszék Cégbírósága (Corporate Court of Debrecen Court-House)

Tax number: 26163341-2-09

Headquarters: Hungary, 4026 Debrecen, Simonffy u. 4-6., 1. em. 123. (1rd floor 123.)

Postal address: Hungary, 4220 Hajdúböszörmény, Hadházi u. 5.

Business site: Hungary, 4220 Hajdúböszörmény, Hadházi u. 5.

Site of business activities: Hungary, 4220 Hajdúböszörmény, Hadházi u. 5.

 

(Business Provider hereafter).

 

Business Provider’s bank account data:

 

EUR:

Name of bank: OTP Bank

Cash flow indicator number: 11763385-52563883-00000000

IBAN: HU09 1176 3385 5256 3883 0000 0000

Swift code: OTPVHUHB

 

HUF:

Name of bank: OTP Bank

Cash flow indicator number: 11738008-21459193-00000000

IBAN: HU62 1173 8008 2145 9193

Swift code: OTPVHUHB

 

Its service providing has been registered at:

Commerce registration number: 231/2018. – Debrecen Megyei Jogú Város Jegyzõje (Notary of County Town Debrecen – as Commerce Authority)

 

Chamber registration number:

 

C000000614955 – Nemzeti Agrárgazdasági Kamara (The Hungarian Chamber of Agriculture)

 

 

  1. Customer service

 

Users may contact Service Provider’s customer service:

2.1              Telephone:

Telephone number: +36 70 881 1443 – calls are NOT long priced!

Available on working days between 08.00 and 16.00 CET. Customer service is not available at weekends and national holidays.

2.2              E-mail:

E-mail address: info@vitamed.life

Service Provider answers e-mails within two working days.

 

  1. Hungarian legal restrictions

 

3.1              Website – defined by the internet address above – (website hereafter) operated by Service Provider, offers its services from Hungary. Consequently, Hungarian law applies to offering services, Service Provider and Users, precisely:

–          Law V from 2013 about Civil Code (CC hereafter) – (“2013. évi V. törvény a Polgári Törvénykönyvrõl”),

–          Law CLXIV from 2005 about Commerce – (“2005. évi CLXIV. törvény a kereskedelemrõl”),

–          CLV Law from 1997 about Consumer Protection – (“1997. évi CLV. törvény a fogyasztóvédelemrõl”),

–          45/2014 (II 26) Government Order about rules for contracts between customers and businesses – (“45/2014. (II. 26.) Korm. rendelet a fogyasztó és a vállalkozás közötti szerzõdések részletes szabályairól”),

–          CVIII Law from 2001 about electronical commercial services andservices related to information technology society – (“2001. évi CVIII. törvény az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggõ szolgáltatások egyes kérdéseirõl”).

 

3.2              Times and periods mentioned in present general conditions of contract and usage (terms and conditions or TC hereafer) are meant in CET.

 

3.3              Working days, holidays and special days are meant to be Hungarian working days, holidays and special days.

 

  1. Scope and subjects of General Terms and Conditions

 

4.1              Present general terms and conditions relate to services available at website, use of website and trade of products available in webshop at website.

 

4.2              Parties of contract:

 

4.2.1        Service Provider defined above, as operator of website and seller of products.

 

4.2.2        User, as a person ordering products from webshop and visitor of webpages of website. User can be any natural or legal person, as well as a business without legal personality, including legal subjects from abroad, in case they accept contractual conditions formulated here and accept them as compulsory concerning themselves. Incapable or partly incapable subjects may contract with present contractual conditions according to CC.

4.3       Terms and conditions apply from placement on website till undefinite period.

4.4       Times and periods mentioned in conditions of contract are meant in CET.

 

  1. General acknowledgements about electronical contracting between parties apart

 

5.1       User may get essential information about products available at website before issuing an order at pages of website that describe products.

 

5.2       Language of contracting is English. Present Terms and Conditions and acknowledgements at website are in English and Hungarian. In case of unlikenesses of interpretations as a result of linguistic differences, Hungarian texts are the standards.

 

5.3       Orders placed at website are legal declarations made in the form of indicator behaviour.

 

5.4       Service Provider has to reconfirm the arrival of order withour any delay in an electrical form. If reconfirmation does not arrive at User within 48 hours, User is freed from offer commitments.

 

5.5       A contract is not considered to be a written contract until Service Provier does not file it, and is later not available in a written format.

 

5.6       Service Provider has not undergone codes of conduct, so it is not available at Service Provider.

 

5.7       User is informed about actual delivery prices and delivery limitations if any, as well as about possible payment types. Moreover, they can reach these pieces of information at any time under “Payment and shipping information” at website.

 

5.8       User receives Terms and Conditions and documents necessary for rightful information in an e-mail reconfirming an order with an attached document. Content is actualized to when orders arrive. Furthermore, User may download Terms and Conditions and other pieces of information from the link ”Download/printing of material: HERE” and can save and print them, or can have access to the latest version at website.

 

 

  1. Registration

 

6.1 Registration is free.

 

6.2       Users may registre by clicking on the menu point “Registration”and filling in the form there, accepting the terms of TC and marking the declarations necessary for handling their personal information.

 

6.3       User must provide real information for a valid registration. If it is proven that User has given false information at regisrtration, Service Provider may delete registration. In latter case, Service Provider bears no responsibility whatsoever regarding possible consequences.

 

6.4       Service Provider can delete registration without bearing any responsibility, if User has been using website mala fide, or has violated present contractual conditions.

 

6.5       Deletion done by Service Provider does not affect orders fulfilled by both parties. In case Service Provider has not started fulfilling an accomplishment, may one-sidedly decide to accomplish or not, provided that the reason for deletion does not holds this up. If it does not fulfill an order, but User has already paid, Service Provider pays the money back to User. If User has caused damage to Service Provider through their behaviour – which was the reason of deletion, the latter has the right to withhold the sum for compensation from the refund.

 

6.6       User may initiate deletion of their registration in an e-mail sent to Service Provider, which Service Provider accomplishes without any delay, but in not more than 10 days.

 

6.7       Deletion of registration may become necessary based on any requests about data management issued by User in order to ban any kind of use of personal data. User can read about this in Privacy Policy.

 

6.8       User’s above mentioned requests about deletion does not affect valid orders issued by User previously.

 

 

  1. Defining purchase price

 

7.1       User may get informed about current product prices at the pages of website showing characteristics of products.

 

7.2       Prices shown with products are gross consumer prices, so all prices shown at website are the total price including tax.

 

7.3       Consumer prices are given in Euro (EUR).

 

7.4       Prices do not include carriagecosts.

 

7.5       Service Provider does not charge for packaging of products.

 

7.6       Prices indicated in reconfirmation of orders are gross consumer prices, just like any other costs, they include tax or any other possible costs.

 

7.7       Service Provider reserves the right to change prices of products in webshop. Modification of prices does not affect prices of already ordered goods.

 

7.8       If there is a wrong price in webshop or in reconfirmation of order – especially concerning obviously wrong prices – Service Provider does not have to sell product at wrong price. Service Provider offers User to get product at the correct price. If User rejects purchasing the product, they may desist from their order.

 

 

  1. Methods and steps of placing orders, contracting

 

8.1              Selecting products

 

8.1.1        User can get important information about products at specific pages of website.

 

8.1.2        User can place selected items into a virtual basket by clicking on the “Add to cart” button on the data sheet of selected products.

 

8.1.3        In case User wants to order more than one item, they need to repeat the above described process.

 

8.1.4        If User has questions about products before placing an order, Customer Service of Service Provider is willing to help (contacts above, under ”Customer Service”).

 

 

 

8.2              Placing and reconfirmation of orders, contracting

 

8.2.1        User may place orders online, in webshop the following way.

 

8.2.2        After selecting and putting products into the basket, User clicks on the icon of a basket, then on the button “Proceed to checkout” After this User can look at the contents of basket.

 

8.2.3        At page showing contents of basket, User may modify the number of products by rewriting numbers shown there, or may remove items from basket by clicking on the icon showing a dustbin.

 

8.2.4        After this, by clicking on the “Next”button User needs to provide data about delivery and to choose forms of delivery.

 

8.2.5        By clicking on the button “Next” again, User can see aggregated data of order at next page.

 

8.2.6        By clicking on the “Next”button at the bottom of the aggregative page, User reaches the last page, where they can select mode of payment.

 

8.2.7        The last page shows the aggregated consumer price of complete order and delivery or other gross fees necessary to be paid, so the complete sum User needs to pay.

 

8.2.8    Devices provided for identifying and correcting data input errors before sending contractual declaration:

8.2.8.1 Obvious errors occuring during input of data are notified by cautionary messages throughout the process of ordering.

 

8.2.8.2 Registered Users may modify their personal data related to order during the process of ordering. They can do this by clicking on the “My profile” sign leading to Users’ personal profile page after entering website.

 

8.2.8.3 Contents of basket, data and parameters of order can be checked, modified or even deleted at any time until placing an order, at the pages indicated above, and based on foregoing points of present chapter of TC.

 

8.2.9 User may place a valid order after checking the above mentioned data of order and correcting possible errors occuring in data input, accepting present TC at the last page by marking the related declaration, and clicking onthe button “Finish”.

 

8.2.10 Service Provider reconfirms order in an automatic e-mail immediately after receiving it. This e-mail is sent to the address provided by User at registration or online order. Reconfirmation includes all the costs User must pay. If this reconfirmation does not arrive at User within 48 hours after placing an order, User is freed from commitments of offer. Reconfirmation is considered to be received by User if they have access to it (so it appears among incoming messages at their e-mail account). Contract regarding purchase of product is not created at this point, this reconfirmation is not regarded as acceptance of order yet.

 

8.2.11 Processing of orders is between 08.00 and 16.00 CET on every working day. In case an order arrives at Service Provider beyond this period, processing starts at the beginning of first processing period to follow – if order has been pre-paid, processing starts when sum arrives at Service Provider’s bank account – within 2 working days from arrival of order.

 

8.2.12 After starting to process orders – if order has been accepted – Service Provider informs User about the acceptance of order in an e-mail. Contract about the purchase of product is realized when contract about purchase arrives at User’s e-mail account.

 

8.2.13 Service Provider calls User’s attention to check contents of reconfirmation of arrival of order and reconfirmation of acceptance of order. If any contents of reconfirmation are different from contents of order, and User does not complain about these within 24 hours after receiving reconfirmation, or accomplishes payment after receiving reconfirmation, then contract is based on content of reconfirmation. In case Service Provider has been notified about reconfirmation of a different content, Service Provider examines notification and modifies order if necessary.

 

8.3              User’s request about deletion of their registration does not affect User’s valid orders placed previously.

 

8.4              If User requests deletion of their data necessary to fulfill their order, or protests against using them for such purposes, Service Provider requires a declaration about intention of desistance from ordering.

 

 

  1. Follow-up correction of orders

 

9.1       If User would like to modify an already posted order, or has given incorrect data, they must notify Customs Service as soon as possible through one of the contact routes. It is important to lose no time in doing this, so that Service Provider may correct the order before accomplishment.

 

9.2       In case of correcting an order, Service Provider sends a new reconfirmation to User with a modified content, based on which a new contract is realized, when there has been an incorrect but previously accepted order.

 

 

  1. Terms of payment

10.1     Possible forms of payment:

10.1.1 Pre-payment through bank transfer:

User chooses this form of payment during the process of sending an order. Data necessary for accomplishing transfer are included in a reconfirmation e-mail acknowledging the arrival of order.

10.1.2 Pre-payment online with the use of debit card:

 

Pre-payment by the choice of User during sending an order through an online payment service provider.

 

Online payment service is provided by SimplePay. By drawing on the service, User can pay by debit card.

 

Further details of online payment by debit card are included in the payment service contract conditions, which Users may get acquainted with before payment on the surface of payment service where they are directed at during ordering process.

 

10.1.3 Cash on delivery:

 

User chooses this form of payment during the process of sending an order. Price must be paid in cash to courier at delivery.

 

10.2     In case Service Provider cannot accomplish order because of reasons within its own circle of interest, it refunds the total price of product and delivery fee to User within 14 days after occurance of hindrance.

 

10.3     User may get information about current forms ot payment under the menu point “Payment and shipping information” of website. This description is part of present Terms and Conditions.

 

 

  1. Period of performance and conditions of delivery

 

11.1     Deadline of performance and delivery

 

11.1.1 Service Provider delivers products ordered by the deadline mentioned in reconfirmation of accepting an order to the address given by User during the order.

 

11.1.2 If an ordered product is on stock, Service Provider hands it over to delivery companywithin 2 working days after arrival of order.

 

11.1.3  If an ordered product is out of stock, but can be ordered, Service Provider hands it over to delivery company within 3 working days after Service Provider reconfirms the acceptance of order.

11.1.4 Delivery Company delivers products within 2 working days after Service Provider has posted products.

11.1.5 If Service Provider cannot accomplish orders keeping the deadlines as described above, it informs User about performance hindrance immediately after its occurence.

 

11.2 Delivery Company:

 

11.2.1 DHL Express Magyarország Szállítmányozó és Szolgáltató Kft.

 

(DHL Express Hungary Delivery and Service Provider Ltd.)

 

Short name: DHL Express Magyarország Kft.

Corporate registration number: 01-09-060665

Tax number: 10210798-2-44

Headquarters: Hungary, 1185 Budapest, BUD International Airport

Postal address: Hungary, 1185 Budapest, BUD International Airport

Telephone: +36 1 245 4545

Fax: –

E-mail: ugyfelszolgalat.hu@dhl.com

Website: http://www.dhl.hu

 

delivery company hereafter.

 

Delivery Company delivers ordered products to User within 2 working days after posting. Users may find more details about delivery under the menu point “Payment and shipping information” of website, and in the document ”General delivery conditions” at the website of DHL Express Magyarország Kft. (http://www.dhl.hu/hu/expressz/szallitas/szallitasi_tanacsok/terms_conditions.html).

 

11.2.2 GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

 

(GLS Kft.)

 

 

Short name: GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

Corporate registration number: 13-09-111755

Tax number: 12369410-2-44

Headquarters: Hungary, 2351 Alsónémedi GLS Európa u. 2.

Postal address: Hungary, 2351 Alsónémedi GLS Európa u. 2.

Website: https://gls-group.eu/HU/hu/home

 

delivery company hereafter.

 

Delivery Company delivers ordered products to User within 2 working days after posting. Users may find more details about delivery under the menu point “Payment and shipping information”  of website, and in the document ”General Terms and Conditions of the GLS Hungary pertaining to parcel forwarding and management ” at the website of GLS Futárszolgálat Kft. (https://gls-group.eu/HU/en/gtc).

 

11.3 Cost of carriage

 

11.3.1 User can get information about cost of carriage – gross amount of cost of delivery – during the process of sending an order, or can get informed about it under the menu point “Payment and shipping information” at website. The content of this menu point is an integral part of present conditions.

 

11.4           Receiving products

 

11.4.1  If User does not receive ordered productsat the time of delivery,and there is no reason for that – including when User is not available in spite of Delivery Company’s multiple attempts, and delivery does become impossible -, Service Provider may sell ordered product to a third party. In such a case, if Service Provider gets product back and User has already paid for it, Service Provider refunds purchase price – after deducting transaction fees. Cost of carriage is not included in purchase price, so in cases like this – which is not considered as exercising the right to desist – is not refunded.

 

11.4.2 User checks the amount and intactness of products ordered onthe spot of delivery, together with the necessary documents (invoice, User’s Manual), and informs courier about possible damage, deficiency or other differences from order. If User notices any damage or difference on products at delivery, Delivery Company must hand over products one by one, and register differences and damages on products on the spot. For damages caused during delivery, Delivery Company takes responsibility, however, if no specific person can be identified as responsible, it is Service Provider that is liable for damages or differences until the time of handing over products to User. If User does not check products at delivery, their right to warranty does not change nor does the right to desistance without any explanation, they can practise them as described in Point 12.

 

11.4.3 Service Provider does not guarantee the option that User can get their products at Service Provider.

 

 

  1. Incorrect performance, warranty, warrandice, right to desistance/denouncing

12.1 Incorrect performance

12.1.1 Service provider performs incorrectly if products do not match quality standards of the time of contracting or as it is stated in law.

 

12.1.2 Service Provider does not perform incorrectly if User knew about the fault at the time of contracting, or must have known about the fault at the time of contracting.

 

12.1.3 In case of purchase done by Users considered as Consumers, it must presumed that faults discovered by User within six month after purchase were present at the time of performance, except if this assumption contradicts the nature of matters or the nature of fault. This practically means that in case of faults discovered within six month of purchase, it is the responsibility of Service Provider to prove its case.

 

12.2 Accessory warranty

 

12.2.1    User may initiate a demand of accessory warranty against Service Provider, if latter performs inappropriately, based on the regulations of Civil Code.

 

12.2.2 User – based on their choice – may want to realize the following accessory warraties:

may ask for repair or exchange, except if any of these are impossible to perform of would mean a disproportionately high cost for Service Provider compared to other demands. If User has notor could not ask for repair or exchange, then proportional lowering of counter-service may be asked for, or User might also repair the product or have it repaired financed by Service Provider, or User may desist from contract as well.

 

12.2.3 User may change from the right to accessory warranty to another, however, the cost of this must be paid by User, except if it was necessary, or Service Provider has given a reason for it.

 

12.2.4 User considered as Consumer must communicate faults immediately after noticing them, or two months the most. (In case of contracts between Consumer and business, faults which are communicated within two months after being discovered, must be considered as faults communicated without delay. Might there be a delay in communication, entitled person is held responsible for any damages.) At the same time, Service Provider draws User’s attention to the fact that User may not exercise their right to accessory warranty after two years of fulfilling contract. In case of second-hand products, this deadline is one year.

 

12.2.5 When User considered as Consumer makes a purchase, they can realize their demands related to accessory warranty, and it has no other condition than communicating the fault, if User proves that product or service has been provided by Service Provider. However, six months after accomplishment, User must prove that fault was already existent at the time of delivery.

 

12.3           Product warranty

 

12.3.1 In case of faults with chattels (products), User considered as consumer – based on their choice – may exercise their rights to accessory or product warranty.

12.3.2 According to product warranty demand, they can only ask for repair or exchange of faulty product.

12.3.3 Product is faulty if it does not meet valid quality standards at the time of marketing or does not have the qualities described in the manual released by producer.

 

12.3.4 User may exercise their demand for product warranty within two years after producer marketed the product. After this deadline, they lose this right.

 

12.3.5 User can exercise their product warranty right against producer or distributor of chattels. If User wants to exercise their demand for product warranty, it is their responsibility to prove fault of product.

 

12.3.6 Producer or Service Provider are only freed from commitment to fulfill product warranty demands if they can prove that:

– product has not been made or distributed during their business activities, or

– fault could not be discovered at the time of marketing, taking into consideration scientific and technological developmental phases, or

– fault of product is the result of law or compulsory official regulation.

Proving one reason for producer or Service Provider is enough.

 

12.3.7 User may not lay claim to accessory and product warranty at the same time. However, in case of a succesful claim for product warranty, User may exercise their demand for accessory right concerning exchanged product or repaired part against producer.

 

 

12.4           Warranty

 

12.4.1 Service Provider does not distribute durable consumer goods liable for compulsory warranty.

 

 

12.5           Right to desist

 

12.5.1 User considered as consumer may exercise their right to desist within 14 days without any explanation concerning this contract.

 

12.5.2 Deadline for desistance

 

  1. a) in case of contract about sale and purchase of products: expires 14 days after day when User or third person denoted by User takes over product from delivery company;

 

  1. b) in case of more than one product: expires 14 days after day when User or third person denoted by User takes over the last product from delivery company;

 

  1. c) in case of providing a product consisting of more items or parts: on the day when User or third person denoted by User takes over last item or part of product from delivery company.
  2. d) and in case of points a), b) and c) User may exercise their right to desist between the day of contracting and the day of takeover.

12.5.3 If User wants to exercise their right to desist, they must forward an obvious declaration about desistance to one of Service Provider’s contact channels. Desistance declaration can be made in any form, oral or written.

User may use declaration ensample to exercise right to desistance on the following link:

Desistance declaration

or may copy its content from here:

—-

Desistance declaration ensample

 

(Only fill in and send back if you have an intetntion to waive from contract.)

 

Addressee: NutriMed Étrendkiegészítõ Kft.
Postal address: Hungary, 4220 Hajdúböszörmény, Hadházi u. 5.
E-mail: info@vitamed.life

…………………………. as undersigned I declare that I exercise my right to desist concerning the contract of sale and purchase of the following product(s):

Time of contracting/time of takeover:

Name of consumer:

Address of consumer:

Signature of consumer (exclusively in case of a written declaration):

 

Date:

—-

 

User exercises their right to desist in time if they send a written desistance declaration or gives an oral notice on the day of deadline. It is User’s responsibility to exercise their right to desist in an appropriate form and keep deadlines desribed here.

12.5.4 Opened packaging and usage of product related to diagnosing its character and functioning do not foreclose exercising the right to desist.

12.5.5 Returning products must be organised and covered by User and can be done in person, after having arranged an appointment with customer service.

 

12.5.6 Payoff follows after the acceptance of desistance and takeback of product, within 14 days after accepting desistance. In case of desistance, Service Provider must refund the price of product and cost of carriage to User.

 

12.5.7 User may not exercise their right to desist if:

– product, based on its character, mingles inseparably with other products after handover,

– products that are perishable or have a short expiry period,

– products in closed packaging that after being opened, cannot be returned because of health or sanitary conditions.

 

12.6     Legal effects of desistance

 

12.6.1 If User desists from contract, but Service Provider refunds all counter-services accomplished by User within 14 days after arrival of User’s desistance declaration, including delivery costs (except for extra fees that have arisen because User has chosen a more expensive delivery option than Service Provider usually offers at the lowest price). During refund, Service Provider uses the same form of payment as in original transaction, except when User explicitely consents to using a different form of refund, and User does not have to bear any extra costs as a result. In case of sale and purchase contracts, Service Provider may withhold refund as long as it has not received product, or User has not proven that they sent product back: the earlier date must be attended to.

 

12.6.2 User must return or hand over product without any unreasonable delay to Service Provider, but within 14 days after the arrival of their desistance declaration. Deadline is met if they send product before the 14-day deadline is over. User bears the direct cost of returning product.

 

12.6.3 User can only be taken responsible for devaluation of product if usage has exceeded the level of reasonable use in order to to diagnose the character and functioning of product.

 

 

  1. Excluding responsibility

13.1     Service Provider is not bound by contracting commitment grounded in law. It makes decisions freely about accepting or refusing Users’ orders and registration. Service Provider does not take responsibility for any damage arising from these.

13.2     Service Provider does not take any responsibility for direct and indirect damages that are the results of malicious use of website or inaccessibility of internet service provider. Service Provider cannot be held responsible for technical disturbances, for example power or computer network failure. Considering the fact that the internet is an open, unsafe network, Service Provider is not liable for damages caused by consummation, delayed arrival or other faults of messages and orders that have been forwarded in an electronic form.

 

13.3     Service Provider may abolish the possibility to use website at any time without any explanation for certain – registered – Users, or for all Users by finishing the operation of website. In such cases it fulfills valid and accepted orders and other requests of Users, however, is not liable for other possible consequences.

 

13.4     Images of products and services may differ from reality, in some cases they are illustrations. Service Provider is not liable for possible previously unannounced changes in product manuals because of uninvolved reasons made necessary for example by producer or supplier.

 

13.5     If User has provided data of order erroneously and/or unprecisely, Service Provider is not liable for delays or other problems, faults and damages as result of these.

 

13.6     Contents downloaded by following external references on website are not influenced by Service Provider. Based on authorized party’s request, Service Provider deletes or modifies link. Service Provider does not take any responsibility for contents appearing after using such links or downloading contents.

 

 

  1. Other regulations

14.1     Service Provider reserves the right concerning legal protection related to contents found at website and regulations about using website, enforcement and change of regulations in case of Users who have not registered or ordered anything but are browsing website. Rules and declaration about this can be found continually at website in legal declaration, in present TC and further informative documents.

 

 

  1. Data management, data protection

Information about Service Provider’s data management activities can be found in “Privacy Policy” and “Information about using cookies”.

 

 

  1. Modifying contractual conditions

16.1     Service Provider reserves the right to modify contractual conditions one-sidedly without anyprior notice and notification.

16.2     Final contractual conditions – that create the contract – attached to reconfirmation apply to contracts related to each order.

 

  1. Normative law, legal disputes

17.1     Contractual partners declare that they act based on the requirements of good-will and fairness in co-operation while exercising their rights and fulfilling their requirements sequent to present contractual conditions

17.2     Contractual partners mutually co-operate in order to settle possible affairs out of court in the shortest time and cheapest way possible. If this is not effective, contractual partners restraint jurisdiction of County Court Debrecen and Court of Justice Debrecen to settle matters at court.

 

17.3     In questions not settled in present contract these Hungarian laws and regulations are normative:

–          Law V from 2013 about Civil Code (CC hereafter) – (“2013. évi V. törvény a Polgári Törvénykönyvrõl”),

–          Law CLXIV from 2005 about Commerce – (“2005. évi CLXIV. törvény a kereskedelemrõl”),

–          CLV Law from 1997 about Consumer Protection – (“1997. évi CLV. törvény a fogyasztóvédelemrõl”),

–          45/2014 (II 26) Government Order about rules for contracts between customers and businesses – (“45/2014. (II. 26.) Korm. rendelet a fogyasztó és a vállalkozás közötti szerzõdések részletes szabályairól”),

–          CVIII Law from 2001 about electronical commercial services andservices related to information technology society – (“2001. évi CVIII. törvény az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggõ szolgáltatások egyes kérdéseirõl”).

 

 

  1. Complaint, prosecution of law, supervision of Service Provider

18.1     Complaint

18.1.1 User may complain to Service Provider in letter, on the phone and in e-mail about problems with Service Provider’s service, member, employee or about attitude, activity or default related to distribution and sale of product to User and quality of product using the following channels:

NutriMed Étrendkiegészítõ Kft. (NutriMed Étrendkiegészítõ Ltd.)

Headquarters: Hungary, 4026 Debrecen, Simonffy u. 4-6., 1. em. 123. (1rd floor 123.)

Postal address: Hungary, 4220 Hajdúböszörmény, Hadházi u. 5.

Telephone number: +36 70 881 1443

E-mail: info@vitamed.life

 

Service Provider examines oral complaints immediately, if necessary, acts at once. Should this not be possible, or User does not agree, and written complaints are replied to within thirty days in written form.

 

18.1.2 Possibility of turning to a conciliator body

 

User (consumer) may ask for the proceedings of a conciliator body without any charge regarding the quality, safety of products, applying product responsibility rules, quality of service, furthermore, contracting between parties and accomplishment of contract.

If consumer does not have place of residence or commorancy in Hungary:

In international legal disputes between consumers and merchandisers related to online sale and purchase or service contracts, Chamber of Commerce Budapest and Conciliator Body Budapest are entitled to act in Hungary. Channels to Chamber of Commerce Budapest and Conciliator Body Budapest can be found at the site http://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 or can be read here:


Budapesti Békéltetõ Testület

(Conciliator Body Budapest)

Address: Hungary, 1016 Budapest, Krisztina krt. 99., 3 em. 310. (3rd floor 310).

Telephone: +36 1 488 2186
Fax: +36 1 488 2186
E-mail: bekelteto.testulet@bkik.hu
Website: http://bekeltet.hu

If Consumer has a place of residence or commorancy in Hungary, chamber of commerce and conciliator bodies operating in that county (or in the capital) are entitled to act. Contact information of these conciliator bodies can be found here: http://www.bekeltetes.hu/index.php?id=testuletek.

Service Provider must co-operate in the proceedings of a conciliator body.

Consumer might ask for a different conciliator body than the ones indicated above.

Conciliator body entitled to act based on Service Provider’s headquartes:


Hajdú-Bihar Megyei Kereskedelmi és Iparkamara mellett mûködõ Békéltetõ Testület

(Conciliator Body operating beside Hajdú-Bihar County Chamber of Commerce)

Address: Hungary, 4025 Debrecen, Petõfi tér 10.

Telephone: +36 52 500 745

Fax: –

E-mail: bekelteto@hbkik.hu

Website: http://www.hbkik.hu/hu/hajdu-bihar-megyei-kereskedelmi-es-iparkamara/egyeb- anyagok/bekelteto-testulet-2547

Conciliator bodies operate independently beside county (or metropolitan) chambers of commerce. They are competent to deal with consumers’ legal disputes as described above out of court: they try to reach agreements, and if this is unsuccessful, make decisions in order to provide enforcement of consumer rights in an easy, effective and cost-saving way.

Conciliator bodies give advice to consumers and businesses about rights and obligations of consumers.

18.1.3 If User lives in the European Union, they may draw on the online device of the European Commission to sort out disputes regarding products and services bought on the internet.

 

Online device of the European Commission to sort out disputes

Website: https://webgate.ec.europa.eu/odr

The EU has created this internet-based platform for those consumers who want to make complaints about products or services bought online, and would like to ask a neutral third party (a conciliator body) to handle their complaints.

You can find further details about the online dispute management platform, its use and the way disputes are handled on a website accesible through the link above.

18.1.4 User may ask for the proceedings of a district bureau in the county town in their area of residence, as consumer protection authority, concerning complaints about quality of product, as well as complaints about attitude, activities or faults of Service Provider (its members, employees), quality of service and application of regulations about responsibility. The website http://jarasinfo.gov.hu gives information about channels to competent district bureaus for each district.

User may also communicate their complaint to the authority for consumer protection in the district of Service Provider’s headquarters:

 

Debreceni Járási Hivatal Fogyasztóvédelmi Osztály

(Department of Consumer Protection at District Bureau Debrecen)

Address: Hungary, 4025 Debrecen, Széchenyi u. 46.
Postal address: Hungary, 4025 Debrecen, Széchenyi u. 46.
Telephone: +36 52 533 924
Fax: +36 52 327 753
E-mail: fogyasztovedelem.debrecen.jh@hajdu.gov.hu
Website: http://www.kormanyhivatal.hu/hu/hajdu-bihar/jarasok/debreceni-jarasi-hivatal-fogyasztovedelmi-osztaly

 

18.2 Supervision

 

18.2.1 Registration number of activity registered by commerce authoriy and name of authority:

 

231/2018

 

Channels to authority:

 

Debrecen Megyei Jogú Város Jegyzõje

 

(Notary of County Town Debrecen)

 

Address: Hungary, 4026 Debrecen, Kálvin tér 11.

Telephone: +36 52 517 500

Fax: +36 52 517 832

E-mail: jegyzo@ph.debrecen.hu

Website: https://www.debrecen.hu/hu/debreceni/polgarmesteri-hivatal/

18.2.2    User may exercise their opportunities to enforce their rights based on Law V of Civil Code from 2013 and regulations of GDPR at court, as well as turn to the National Authority for Data Protection and Freedom of Information:


Nemzeti Adatvédelmi és Információszabadság Hatóság

(National Authority for Data Protection and Freedom of Information)

Address: Hungary, 1125 Budapest, Szilágyi Erzsébet fasor 22/c.
Postal address: Hungary, 1530 Budapest, pf.: 5.
Telephone: +36 1 391 1400
Fax: +36 1 391 1410
E-mail: ugyfelszolgalat@naih.hu
Website: http://www.naih.hu/

 

If court procedure has been chosen – according to concerned User’s choice – a lawsuit can be initiated at the court of justice in concerned party’s place of residence or commorancy, as consideration lies in the competence of court of justice.

 

1st December 2018

 

NutriMed Étrendkiegészítő Kft.