TERMS AND CONDITIONS
HEALTH AND YOUTH KFT.
(Last modified 5 April 2018)
These General Terms and Conditions (GTC) contain the rights and obligations of users (hereinafter referred to as Customer, Consumer, Client) resorting to the services of Health and Youth Kft. (hereinafter referred to as Service Provider, Entrepreneur) and the electronic trade services available at www.healthandyouth.hu (hereinafter referred to as Website).
The scope of these GTC covers each legal transaction taking place on the Website of the Service Provider. The GTC are constantly available and downloadable from the following website: www.healthandyouth.hu/aszf
I. GENERAL INFORMATION
- Data of Service Provider:
Company name: Health and Youth Kereskedelmi és Szolgáltató Kft.
Seat and postal address: 1224 Budapest, Diótörő út 108.
Company registration number: 01 09 299000
Tax number: 25966213-2-43
Name of court of registration: Company Registry Court of Budapest Capital Regional Court
Electronic mailing address: email@example.com
- Purchase in the healthandyouth.hu webshop (hereinafter referred to as Webshop) is possible by placing an order electronically as it is set out in these GTC.
- Electronic contracts concluded via the Webshop shall not constitute written contracts, thus they are not available in a registered form. Conclusion of contracts is verified by the electronically saved data of purchases.
- These GTC are effective from 11 April 2018 and shall remain in force until recall. The Service Provide hereby informs the Customer and Customer expressly acknowledges that the Service Provider is entitled to modify the GTC unilaterally. In case the GTC are modified, the Service Provider shall inform the Customer by means of a notification placed on the Website.
- Prices indicated on the Website are gross prices and include the costs of packaging and VAT. When purchasing on the Website, Customers shall pay the purchase price and delivery fee verified before the finalisation of the order and confirmed by us; no additional payment obligation of the Customer arises and no other fee shall be charged.
- The Webshop performs orders arriving from Hungary and to be delivered to Hungary. Should a different request for order occur, please contact us in an electronic mail.
- Provisions of Act V of 2013 (Civil Code) and Government Decree No. 45/2014. (II. 26.) on the detailed rules governing contracts between consumers and companies shall govern our legal relationship.
- Language of the contract shall be Hungarian.
II. SHOPPING AT HEALTHANDYOUTH.HU WEBSTORE
- The displayed products may be ordered online, via the Webshop.
- Products in the Webshop may be found
- either Categorized in the main menu named “Products”
- or by direct search. Products can be searched by name or by keywords.
- Registered and unregistered clients may initiate purchase.
- Photos, features, dosing information, ingredients and active substances of products available in the Webshop are indicated in the product page of the given product. Main characteristics of the products can be found in the product sheet, in the form of information text submitted at the specialised authority of the National Institute of Pharmacy and Nutrition (OGYÉI) in line with the contents of the Decree of Ministry of Health No. 37/2004. (IV. 26.) on food supplements.
- In case more information is required about any products of ours, its quality, basic characteristics, use, usability, please contact us at firstname.lastname@example.org e-mail address.
- Prices of products are provided in Hungarian Forint, with VAT and the costs of packaging, however prices do not contain the delivery fee.
- Some products are available at exceptional price, which is indicated on the main page of the Website. Special offers are available only during the indicated time period, in a set quantity defined at each product or until stocks are exhausted; please note this information when placing the order.
- Even if all due care is taken and a wrong price is indicated on the surface of the Webshop, with special regard to the obviously wrong price significantly deviating from the well-known or generally expected or evaluated price, or if price appears as “0” or “1” HUF due to some errors in the system, the Service Provider is not obliged to deliver the product at the wrong price, but offers delivery at the actual price, in the knowledge of which the Customer may withdraw from purchase.
III. PROCESS OF PLACING AN ORDER
- Registration shall be done under “Registration” menu on the Main Page, by filling in the data sheet. By registering on the Website, the Client declares to have become familiar with the provisions of these GTC. Acceptance of the GTC is essential for the registration. Registration is identified by the e-mail address, i.e. each e-mail address can be registered only once. Registration does not create any kind of obligation.
- The Service Provider shall not be liable for any damage or default arising from the fact that the Client changes the registered data.
- During registration, the Client has the opportunity to subscribe to direct marketing messages (Newsletters) sent by the Service Provider. Subscription to newsletters shall be voluntary.
- If the Client has already registered at the Webshop during his previous visits, he may log in by providing his e-mail address and password and can continue shopping with his previously provided personal data.
- The Client shall be obliged to provide his own, valid data in the course of purchase/registration. The Service Provider excludes its liability if the Customer attempts to use its services by providing untrue data relating to someone else.
- The Service Provider shall not be held liable for any delay, problem or default stemming from data provided erroneously and/or wrongly by the Client. The Service Provider shall not be held liable for damage arising from the Client forgetting his password or from the password becoming available for unauthorised persons by no fault of the Service Provider. The Service provider shall consider each registration as an individual person. Previously provided data can be changed after logging in, by clicking on Personal Settings link then on Modification of Personal data menu. Changing of data may affect the data of active orders as well. Service Provider shall not be held liable for any damage or default arising from the fact that the Client changes the registered data.
- Process of ordering commences by adding the product(s) to be purchased to the shopping cart. Contents of the cart can be checked any time by clicking on “Cart” icon.
- quantity of product(s) to be purchased can be adjusted. By using “delete” icon, the product is removed from the cart.
- after the content of the cart is modified, the data shall be adjusted by clicking on “update cart” button.
- By clicking on “Main page” the Client can return to the webshop and may add new products to the cart.
- Purchase can be initiated by clicking on “Continue to Payment” button.
- Purchase may be made without registration as well. In this case the following data shall be provided to make a purchase: name, e-mail address, invoicing data.
- Orders can be cancelled before delivery, via e-mail sent to email@example.com.
- The following data are required for invoicing:
- Name (company name)
- E-mail address: you will be informed about the status of the order at this contact
- Phone number: we can contact you at this number if it is necessary in order to fulfil the order.
- Address (street, number), town, postal code
- The Client can change forgotten password on the main page.
- In the course of purchase process the Client can choose mode of delivery. The following modes of delivery are available at the Webshop:
- GLS home delivery to the address provided by the Client
- GLS ParcelShop
- GLS ParcelLocker
- Delivery shall be made with the involvement of GLS General Logistics Systems Hungary Kft. as a contributing data controller.
- Conditions of the services of GLS Hungary are set out in its General Terms and Conditions available at:
The Customer shall be informed about the time of delivery in a text message.
Contact information/phone number of the delivery service is +36 1 802 0265.
Address data of any Hungarian settlement may be provided as delivery address.
Clients can gain information about the closest collection points by means of GLS ParcelShop and GLS ParcelLocker finder.
Upon ordering the product, the Client chooses if the parcel shall be delivered to a home address or if the parcel will be collected at a GLS ParcelShop or a GLS ParcelLocker. Home delivery is made on working days between 8 a.m. and 5 p.m. Please provide such a delivery address, where the takeover of the parcel is feasible.
In case GLS ParcelShop or GLS ParcelLocker are opted for, the Client has 5 days to collect the parcel.
When collecting the parcel from a GLS ParcelLocker the Client will need the code received in a text message or in an e-mail message. When collecting the parcel at a GLS ParcelShop the Customer shall verify his identity by a photo ID.
Invoicing data can be provided after the delivery address is recorded. As for delivery address, the Client shall provide such data where he can take over the parcel.
Delivery fees effective at the time of placing the order are indicated on the Website when the order is placed.
Delivery is free of charge if the total amount of the ordered products is beyond 20,000 HUF, gross.
- The Client can opt for the following payment methods in the webshop:
- Direct bank transfer
- Payment on delivery – payment is made to the courier in cash or by bank card upon delivery
- SimplePay online bankcard payment – payment transaction is made via the payment site of OTP, concurrently with placing the order.
- By clicking on “Sending order” when shopping is finished, all important data of the order appear on the summary screen.
- The Client has the opportunity at any phase of the purchase to go back to previous menus or to abort purchase. After the order is placed, the items of the order, way of delivery and payment method cannot be modified.
- If the Client attempts to order something at the Webshop for the first time, aborts the purchase process and does not place an order then the provided data shall be deleted from our database.
- If the Client places an order electronically via the Webshop, the Service Provider shall send a confirmation of acknowledgement of the order and its processing without delay but not later than within 1 hour from the arrival of the order.
- We usually fulfil the confirmed orders to be delivered within the country within 1 working day from the date of confirmation if the order was placed on the given working day until 12 a.m. Insofar as the order is placed after 12 a.m. or on a public holiday, the order will be processed the next working day. If the order cannot be fulfilled due to reasons beyond our control (temporary shortage of supply) then we inform the Client thereof with priority and also about the anticipated time of delivery in an electronic mail and/or by phone. If the Client has no intention to purchase due to the later delivery, he may withdraw from the order and in that case, we repay the full purchase price.
- We send an electronic notification about handing over the ordered products for delivery one day prior to the delivery. GLS Hungary shall inform the Client about the exact delivery date on the day of delivery. We send a notification when the ordered products can be personally collected at the indicated location.
- The amount to be paid includes all the costs in line with the summary of the order and the letter of confirmation. Invoice is included in the parcel. The Client shall be obliged to check the parcel upon delivery in front of the courier and if the product or the package is damaged, the Client may request to draw up a protocol, and if the parcel is damaged, the Client is not obliged to take it over.
IV. RIGHT TO WITHDRAWAL
- Hereby we inform you that right to withdrawal in Government Decree No. 45/2014. (II. 26.) on the detailed rules governing contracts between consumers and companies entitle only those customers who are deemed to be consumers on the basis of Act V of 2013 (Ptk.). In line with Section 8:1 (1) of Ptk., ‘consumer means a natural person acting outside his profession, independent occupation or business activity.’
- If the Client changes his mind for any reason, he may withdraw from the contract, i.e. he may terminate the contract with retroactive effect as from the day of its conclusion. The Client may exercise his right of withdrawal within 14 calendar days from the receipt of the product without giving any reason. The Client exercises his right of withdrawal in due time if he sends the declaration on cancellation before the above period expires.
- Hereby we inform our Clients that the majority of the products in our Webshop qualify as products with sealed packaging, in relation to which the right of withdrawal cannot be exercised – if they are opened after the receipt, due to health protection or sanitary reasons – on the basis of Section 29 (e) of Government Decree No. 45/2014. (II. 26.).
According to the above, the nutritional supplements shall be taken back only if packaging is unopened.
How to exercise the right of withdrawal:
- In case the Client decides to withdraw from the contract, it is enough to notify us about that intention of his in writing via e-mail at firstname.lastname@example.org. Declaration on withdrawal may be sent to the postal address of 1224 Budapest, Diótörő út 108. as well.
- The Consumer may exercise his right of withdrawal between the day of concluding the contract and the day of receiving the product.
- If the Client withdraws from the contract, we reimburse the paid sum immediately but within 14 days following the receipt of the declaration on withdrawal the latest, including also delivery fees. In the course of reimbursement, we apply the same payment method as the one applied in the original transaction, except when the Client gives his explicit consent to the application of a different payment method; however, the Client shall not bear any additional costs resulting from the application of this reimbursement method.
- The Client shall bear the direct costs of returning the product.
- We may withhold reimbursement as long as we get back the product or the Client properly supplies evidence that the product has been sent back, whichever is the earliest.
- The Client shall be liable for any decline in value if it stems from use above and beyond the use required to determine the nature, characteristics and operation of the product.
V. COMPLAINT, COMPLAINT HANDLING
- Handling of complaints: Customer may submit consumer objections, complaints and claims relating to the product or the activity of the Service provider at:
Electronic mail: email@example.com
Mailing address: 1224 Budapest, Diótörő út 108.
- Complaints are investigated within 5 working days from announcement. Warranty claims shall not be enforced in case of defects arising from misuse.
- We draw up a protocol on submitted warranty claims, in which we record the name and address of the Customer and his declaration of consent to processing his data recorded in the protocol in line with the provisions of NGM Decree No. 19/2014. (IV. 29.), the name of the sold product, purchase price, date of performance, description of the defect and date of submission and also the right to be enforced. Beyond these, we record the reply given to the warranty claim. Upon request, a copy of the protocol is provided in a durable medium. Protocols are kept for three years.
- It may occur that the packaging of a product changes before the offer of the Webshop is updated and the Client will get the same product but in different packaging. In this case we cannot remedy the complaint of the Customer, since it does not qualify as defective performance.
- Hereby we inform our Clients, that no Code of Conduct is available at the Service Provider.
- The Client may make a complaint in relation to our activity at the competent inspectorates of the National Consumer Protection Authority at: http://www.nfh.hu/teruleti
After a decision is made on the complaint, the authority shall decide about precluding a consumer protection procedure.
- In order to resolve amicably and out of court any consumer disputes relating to the quality of the products or to the conclusion or the performance of the contract, the Client may turn to the Mediation Body of the National Consumer Protection Agency.
- The Customer shall be entitled to enforce his claims arising from consumer disputes at the court, within a civil procedure.
VI. WARRANTY FOR MATERIAL DEFECTS
- Warranty liability of the webshop shall be governed by the provisions of Act V of 2013 on the Civil Code and that of Decree No. 19/2014. (IV. 29.) NGM of the Minister for National Economy on the procedural rules for administering warranty and guarantee claims on products sold to consumers under a contract between the consumer and enterprise.
Subject to the Client’s choice, the following warranty may be claimed for material defects:
a) The Client may claim repair or replacement, unless the performance of the chosen remedy for breach of warranty for material defects is impossible, or if it would result in disproportionate additional costs to the company compared to satisfying a different claim for warranty for material defects.
b.) If the Client did not or could not claim repair or replacement, he may claim the pro rata reduction of the consideration or may repair the defect himself or have it repaired by somebody else at the company’s expense, or – as a last resort –, may withdraw from the contract.
- The Client may switch from the chosen remedy for breach of warranty for material defects to another remedy, however the Client shall pay the costs caused by the switch, unless the company caused the switch or the switch was otherwise justified.
- Following detection of the defect, the Client shall be required to communicate the defect without delay but not later than within 2 months from detection. At the same time, we hereby declare that the Client’s claim of warranty for material defects shall lapse after two years from the date of performance of the contract.
- Within 6 months from the performance of the contract, there is no other condition of claiming warranty for material defects if the Client verifies that the product has been purchased via our Webshop. However, 6 months after the performance of the contract the Client shall be obliged to verify that the defect detected by the Client existed at the time of performance.
VII. PRODUCT WARRANTY
- If the product ordered by the Client is defective, the Client – subject to his choice –, may claim the above detailed warranty for material defects or product warranty.
- As product warranty, the Client may claim only the repair or replacement of the defective product.
- The product is defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the producer.
- The Client may claim his product warranty within 2 years from placing the product on the market. The expiry of this time limit shall cause the forfeiture of rights.
- Product warranty rights may be enforced only against the producer or distributor of the product. Upon claiming warranty rights, defects of the product shall be verified by the Client.
- The producer (distributor) shall be exempted from the obligation of product warranty if he is able to prove that
a) the product was not manufactured or distributed in the course of its business activity or
b) the defect was not recognisable given the state of scientific or technical knowledge when the product was placed on the market; or
c) the product’s defect was caused by the application of a law or a mandatory authority provision.
To be exempt from liability the manufacturer (distributor) shall prove only one reason.
- The Client shall not claim warranty for material defect and product warranty concurrently, for the same defect. In the event of effective enforcement of claims, the manufacturer shall be subject to an obligation of warranty for material defects with respect to the replaced product, and in the event of repair, with respect to the part of the product affected by the repair.
- Issues not regulated in the GTC and the interpretation of GTC shall be governed by the Hungarian law, with special regard to Act V of 2013 on the Civil Code (“Ptk.”) and Act CVIII of 2001 on certain issues of electronic commerce activities and information society services (Elker tv.) and Government Decree No. 45/2014 (II. 26.) on the detailed provisions of contracts concluded between consumers and companies and the relevant provisions of Government Decree 151/2003 (IX. 22.) on the statutory guarantee for certain durables.
- The Website may contain links leading to the sites of other service providers. For the data protection practices and other activities of these service providers, the Service Provider shall not bear liability.