Terms and Conditions
BB365
Application and Website Terms of Use v1.0 – effective from 1 May 2021.
1. General information
- 1.1 These Terms of Use (hereinafter: “Terms of Use”) govern the BalatonBike365 mobile application (hereinafter: “Application”)
and the related website: https://www.balatonbike365.hu/ (hereinafter: “Website”), including the conditions and rules for its use, on the basis of which the current user of the Application and the Website (hereinafter jointly: “Platform”) (hereinafter: “User” or “You”) may use the services provided by the Platform.
- 1.2 For the purposes of these Terms of Use, any person who downloads the Application and/or visits the Website, and uses them in order to make use of the services available there with and/or without registration, and accepts these Terms of Use, shall qualify as a User.
- 1.3 The Platform provides services that enable cycling-friendly Users to organize cycling tours around Lake Balaton or other leisure activities and to participate in them alone or with others, during which they may visit useful places, interesting points, or service providers marked as preferred service locations available on the Platform (hereinafter jointly: “POI”), and may engage in leisure activities there or use the services made available there by the POIs.
2. Scope and conclusion of contract
2.1 By accepting these Terms of Use, a contract is concluded between You and Magyar Kerékpáros Szövetség (registered office: 1146 Budapest, Szabó J. u. 3.; telephone number: +36 30 799 3932, email: info@bringasport.hu, court of registration: Fővárosi Törvényszék, registration number: 01-07-0000018, tax number: 18160817-2-42; hereinafter: “MKSZ”, “we” or “us”). The contract created by accepting these Terms of Use is concluded with You electronically. Acceptance of these Terms of Use does not constitute a written contract, and You may access the Terms of Use through the Platform at any time, download them and store them on a data carrier or electronic medium, access them and reproduce them. Before making any legally binding
1
statement, we will provide You with the technical means to identify and correct errors that arise during the electronic recording of data.
- 2.2 By accepting these Terms of Use, the contract between You and MKSZ is concluded for an indefinite period and remains in effect until terminated by You or MKSZ in accordance with these Terms of Use.
- 2.3 The Terms of Use become effective when You receive confirmation by email or when You become able to use the functions of the Platform and the services available through it, whichever occurs earlier. Once the Terms of Use become effective, we consider that You have concluded the agreement with us under these Terms of Use.
3. Use of the Platform
- 3.1 The Application may be downloaded and used free of charge through the Apple App Store and Google Play app stores.
These app stores may impose additional conditions regarding the download, installation and use of this Application, so please review them before downloading.- Google Play Store: https://play.google.com/intl/en-GB_hu/about/play-terms/index.html
- Apple App Store: https://www.apple.com/legal/ The User acknowledges that they have read and understood the current general terms and conditions of the Apple App Store and Google Play Store available at the above links, and considers the provisions contained therein, in particular the provisions relating to the use of the Apple App Store and the Google Play Store, binding on themselves. By accepting these Terms of Use, the User accepts that MKSZ has no influence whatsoever over the policies and operation of the Apple App Store or the Google Play Store.
- 3.2 The Website is available through the domain https://www.balatonbike365.hu/.
4. Registration
4.1 In order to use certain functions and services of the Platform (in particular commenting, messaging, rating, saving tours and recommending POIs), You must register through the Application or the Website. By registering, You create a user account. You may use the functions and services of the Platform after duly, accurately and completely filling in the registration form with real data, accepting these Terms of Use, reviewing the relevant privacy notice, and completing the registration process. By deciding to accept the Terms of Use, that is, by ticking the checkbox provided for this purpose, You accept that You will comply with these Terms of Use when using the Platform.
2
- 4.2 Any natural person aged 16 or older who has legal capacity is entitled to register on the Platform.
- 4.3 MKSZ applies reasonable measures to verify the accuracy of the data recorded or provided by the User.
- 4.4 MKSZ reserves the right to reject any registration request and to suspend or delete any registration.
- 4.5 By registering, You acknowledge that it is Your responsibility to keep Your user account information and password confidential. You are responsible for any unauthorized activity taking place in Your account if the unauthorized activity was caused by You, whether through negligence or intentionally. You agree to notify us immediately (by notice sent to our postal address or email address specified in Section 2.1) of any unauthorized use of Your account or password.
- 4.6 The User acknowledges and accepts that the user account is non-transferable, and the User may not permit other persons to access and/or use their user account.
- 4.7 MKSZ reserves the right to supervise and verify whether the user account is used in compliance with these Terms of Use. The User acknowledges and accepts that MKSZ may terminate these Terms of Use at any time and is entitled to permanently ban the user from the Platform in the cases specified in the Terms of Use.
5. System requirements
- 5.1 Use of the Application requires a mobile phone equipped with Android operating system version 5.1 or later, or a mobile phone equipped with iOS operating system version 11 or later, or another similar end-user device, as well as internet access with adequate bandwidth for use (in connection with which a third party, such as the internet service provider, may charge a fee). Access to and use of the Website requires an end-user device equipped with Windows 10 or OS X 10.15 or newer operating system, or a mobile phone equipped with Android operating system version 5.1 or later, or a mobile phone equipped with iOS operating system version 11 or later, or another similar end-user device, as well as internet access with adequate bandwidth for use (in connection with which a third party, such as the internet service provider, may charge a fee). Use of the Platform may drastically reduce the battery life of mobile devices, the extent of which depends on the type of end-user equipment, the condition of the battery, and software running in parallel. The technical conditions necessary for the use of the Application and/or the Website must be provided by the User.
- 5.2 MKSZ is entitled from time to time to determine which devices are considered compatible in accordance with the current state of technological development and standards. MKSZ does not provide its own devices and accepts no responsibility for the performance of any compatible device or for whether it will remain continuously compatible with the services of the Platform and its updates.
3
5.3 To the extent permitted by law, MKSZ excludes liability if the User is unable to use the Platform, or is able to use it only to a limited extent, due to internet congestion or errors relating to computers or other devices, networks, electronics or communications that fall outside MKSZ's sphere of control.
6. Services
- 6.1 Tour route recommendations, route planning
You have the option to plan tour routes through the Platform and to share individual routes with one another, which is complemented by the map service embedded in the Platform. - 6.2 User statistics, recording previous activities
Through the Application, You may save the tours You have completed as You wish and create various statistics from them, which You can display for Yourself both in the Application and on the Website. - 6.3 Creation and management of tour groups
On the Platform, You may create a tour group with acquaintances who are registered Users of the Platform, and You also have the option of joining such groups. - 6.4 Sharing location data
If You are a member of a tour group, You may use this function to share Your own geographical location with those members of the group who also enable location sharing.Through the Platform, You also have the option to share Your current geographical location for up to 60 minutes with a POI specified by You so that, for example, it can plan a route to Your current geographical location for service or transfer purposes. You may stop sharing Your geographical location at any time before the 60-minute period expires by pressing the “stop” button provided for this purpose.
- 6.5 POI rating
With this function, You may provide ratings and feedback concerning individual POIs by filling in the form provided for this purpose on the Platform, thereby enabling us to make these ratings accessible to other Users.MKSZ is entitled to inspect and review the rating published by You on the Platform for compliance with these Terms of Use and applicable laws. If the content contained in the rating published on the Platform conflicts with these Terms of Use or any applicable legal provision, or is, in particular but not exclusively, obscene, vulgar or discriminatory in its manner of expression, or is capable of infringing the reputation, rights or legitimate interests of any person or of MKSZ, then MKSZ is entitled to remove the rating from the Platform.
4
- 6.6 Recommending a POI
You have the option, in the map view of the Platform, to initiate the addition of a POI still missing from the Platform by fully completing the form found under “Recommend a POI”.MKSZ is entitled to inspect and review the information, data and other content uploaded in connection with a POI (in particular photographs) for compliance with these Terms of Use and applicable laws. If MKSZ detects that any content uploaded by You to the Platform in any form in connection with recording a POI (in particular information, data, photos, etc.) conflicts with these Terms of Use or any applicable legal provisions, or infringes or may infringe the reputation, rights or legitimate interests of any third person or of MKSZ, it is entitled to remove the content from the Platform.
- 6.7 Messages and communication
Through the Platform, we provide You with the opportunity to communicate with POIs on the Platform via the Platform’s instant messaging channel or its internal mail system. This gives You the opportunity to interact with POIs and to address questions to POIs. - 6.8 Provision of weather information
Through this function/menu, we strive to provide You with up-to-date information about the expected weather around Lake Balaton during a given period. The purpose of the function is to help ensure that route planning and/or visiting POIs takes place under appropriate weather conditions. - 6.9 Additional functions
If You request it, we provide the possibility of sending You notifications, newsletters and offers regarding the most important new information related to the Platform, as well as in connection with the services available on it.
Through the Platform, in order to achieve the best possible user experience, we provide the possibility for You to track Your activities carried out on the Platform and Your previous activities through the section of Your user account designed for this purpose.
5
7. Termination
- 7.1 You may terminate these Terms of Use at any time and for any reason by using the “DELETE PROFILE” function on the Platform and initiating this by pressing the “Delete profile” button and then confirming it. We will then process Your request and ensure the irreversible deletion of Your data and the termination of Your account.
- 7.2 Without prejudice to Section 7.1, You also have the right to terminate these Terms of Use at any time and for any reason by sending us written notice (including by email) that You wish to terminate Your account. We will then process Your request and ensure the irreversible deletion of Your data and the termination of Your account.
- 7.3 We may terminate these Terms of Use at any time or completely or partially and temporarily suspend Your access to the functions of the Platform by sending You written notice (including notice by email sent to Your currently registered email address or by push message), including, but not limited to, for the following reasons:
- a) You seriously or repeatedly breach any provision of the Terms of Use and do not remedy such breach (if remediable) within 5 days of receiving written notice calling on You to do so;
- b) circumstances arise on the basis of which abuse or manipulation in relation to the Platform may be presumed;
- c) You publish through the Platform content (in particular, but not limited to, images, comments or other textual content) that infringes the rights or legitimate interests of any person, in particular, but not limited to, if it is obscene, vulgar or discriminatory in its manner of expression or
is capable of damaging the reputation of any person or of MKSZ;
- d) if we decide that we will no longer provide services through the Platform at all.
- 7.4 Upon termination of these Terms of Use for any reason, we will terminate Your user account and are entitled to reclaim any user identifier created by You so that it may be used by other Users.
8. Copyright
- 8.1 All content of the Platform and the services is the property of MKSZ or third parties and is protected, with all rights reserved, by the applicable copyright laws. All rights in the Website and/or the Application, the software underlying them, the content and the layout are owned by MKSZ and third parties.
- 8.2 By accepting the Terms of Use, You receive a limited right to use the Platform for personal use and You are entitled with respect to the Platform to
6
- a) download the Application from the appropriate app store and install and run one copy of the Application on Your end-user device operating with Android or iOS, in accordance with these Terms of Use, exclusively for personal use;
- b) make one backup copy;
- c) receive, install and run patches containing free additional software code, fixes or bug fixes for updating the Application,
which we may provide to You as a User;
- d) access the Website through Your end-user device and
use it in accordance with these Terms of Use, exclusively for personal use.
- 8.3 Beyond what is set out in Section 8.2, You may not sell, market, publish, transmit, distribute or otherwise exploit the Platform and the services for commercial purposes in any manner without the express written consent of MKSZ. Without our prior permission, You may not reproduce the Platform (in whole or in part), transmit it (electronically or otherwise), modify it, present it, transfer it, grant any licence for its use, connect it with anything, or otherwise use it for public or commercial purposes.
- 8.4 Nothing in these Terms of Use may be interpreted as granting any licence or right with respect to any content, image, trademark, service mark or logo used on the Platform, all of which are owned by MKSZ or third parties. MKSZ reserves all rights in relation to protected information or materials provided through the Platform and enforces and preserves these rights to the fullest extent provided by the applicable copyright and trademark laws.
- 8.5 Users may post, upload or otherwise create content on the Platform (which may include, in particular but not limited to, images, text content, messages, information; hereinafter collectively: “User Content”). The User represents and warrants that for every item of User Content uploaded to the Platform, (i) they have the right and authorization to publish the relevant User Content, and (ii) the relevant User Content and MKSZ’s proper use of it in accordance with these Terms of Use do not infringe those rights or any other rights specified by applicable laws or by other persons with respect to intellectual property, publicity, personality rights or other legal provisions.
- 8.6 MKSZ has the right, but not the obligation, to inspect and edit User Content. MKSZ always reserves the right to remove any User Content or disable access to it for any reason or no reason, including User Content that in MKSZ’s sole judgment violates these Terms of Use. MKSZ may take these measures without prior notice to You or any other external party. The removal of User Content or the disabling of access to it is carried out at our sole discretion, and we do not promise to remove or disable access to any specific item of User Content.
7
8.7 By accepting these Terms of Use, the User grants MKSZ a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, geographically unrestricted licence to use, copy, make available to the public (e.g. perform or display), publish, translate, modify, and use any part of the User Content uploaded to the Platform to create derivative works, in connection with the services available on the Platform, on any data carrier, either alone or in combination with other content or materials, in any manner and in any form, method or technology, whether already existing or created in the future. The grant of the licence specified above makes it possible for MKSZ to enhance the user experience provided by the Platform and for You to make full use of the services under these Terms of Use. Except for the rights expressly granted in these Terms of Use, all rights relating to the User Content, including intellectual property rights, remain the property of the User.
9. User obligations
- 9.1 In connection with the use of the Platform, the User is obliged to comply with these Terms of Use and the applicable laws, and is also obliged to respect the rights of third persons.
- 9.2 In addition, the User may not abuse the services available on the Platform and must comply with the following obligations:
a) ensure the appropriate physical and logical security of the Application and the end-user device running the Application. The Application shall be used on
10.
an operating system compatible with it, installed with up-to-date security patches and operated without elevated (root) privileges;
- b) beyond ordinary use and backup, not reproduce or copy the Platform, nor stream it to another device;
- c) not translate, connect, alter or modify the Platform, its source code or parts thereof, and not allow the Platform
or its source code to become part of or be used by other services or software;
- d) not reverse engineer, decompile or disassemble the Platform, or reveal the source code of the Platform in whole or in part; not create
derivative works from the Platform or parts thereof;
- e) if You, as the User, permanently transfer the end-user device running the Application to another person, for example by gift or sale,
then You must delete the Application from the transferred end-user device.
Free services
10.1 The Platform and the Services available through it are currently provided free of charge.
11. Privacy
11.1 MKSZ acts as the controller responsible for Your personal data. If You would like information about how we collect and process personal data in connection with the Platform, please read our relevant privacy notice. The privacy notice is available here: https://balatonbike365.hu/pdf/privacypolicy_HU.pdf
8
12. Amendment of the Terms of Use
12.1 We reserve the right to amend the Terms of Use and/or the Services where justified, or to discontinue certain services or introduce new services. We will notify You, as a User, of amendments to the Terms of Use and/or the services and of new services. If the proposed amendments are favorable to You, then if we have notified You of the amendments and You have accepted them or continued to use the Application without objection after the effective date of the amendments, we will consider that You have accepted the amendments.
12.2 If the amended Terms of Use narrow and/or restrict Your rights under these Terms of Use, we will send You prior notice within a reasonable time. We will always notify You of amendments to the Terms of Use either by email sent to Your currently registered email address or by displaying the amended Terms of Use on the Platform. In that notice, we will indicate the date on which the amended Terms of Use will become effective. If the User does not reject the amendments in writing (e.g. by email) within four weeks of receiving the notice, they shall be deemed accepted. If You do not wish to accept the amendment of the Terms of Use, You may terminate these Terms of Use at any time (as described in Section 7).
12.3 If we terminate, You terminate, or You do not accept these Terms of Use or any amendment thereto, You must immediately cease using the Platform and permanently delete the Application from Your end-user device. In this case, we will terminate Your user account and Your access to Your account.
13. Liability and limitation of liability
13.1 To the fullest extent permitted by applicable law, MKSZ’s liability for contractual and non-contractual damage arising in connection with the use of the Platform (whether based on warranty, contract, tort, negligence or other legal grounds, including hidden defects) is, regardless of the legal basis, limited as follows:
- a) MKSZ shall be liable up to the amount of damages typical and foreseeable for this type of contract arising from the breach of essential contractual obligations.
- b) MKSZ shall not be liable for breaches of non-essential contractual obligations or for slight negligence in the breach of any other applicable duty of care.
- c) MKSZ shall not be liable for special, indirect or consequential damages, including, without limitation, loss of use, loss of data, lost profits, lost savings, lost opportunity, damage to reputation, and liability for claims by third parties (even if MKSZ has been informed of the possibility of such damages).
13.2 MKSZ takes all reasonable measures to keep the Platform up to date. However, it provides no express or statutory warranty with respect to the content and information appearing or published on the Platform, including, among other things, the suitability of the content for a particular purpose, its accuracy, completeness and any related legal warranties. The content appearing on the Platform
9
is provided as viewed, with all implied warranties excluded. MKSZ does not represent or warrant the accuracy, completeness, timeliness or reliability of the content of the Platform, nor the uninterrupted or error-free operation of the Platform. Users of the Platform are responsible for verifying the accuracy and timeliness of all information before acting in reliance on it, and visitors bear the risk associated with using the information found on the Platform. The limitations or exclusions set out in this section shall be effective only insofar as and to the extent that their application or enforcement is not excluded by mandatory provisions of law.
13.3 Nothing in these Terms of Use shall be interpreted as limiting or excluding MKSZ’s liability for (i) death or personal injury resulting from the negligence of MKSZ or its employees or agents, (ii) intentional breach of obligations; (iii) breach of obligations arising from rules of public policy; and (iv) compliance with any other requirement where MKSZ’s liability cannot be limited or excluded by law.
14. Miscellaneous provisions
- 14.1 These Terms of Use constitute the entire agreement between the parties regarding use of the Platform and the services available through it, and supersede all prior written or oral agreements between the parties on this subject matter.
- 14.2 The User’s differing, conflicting or supplementary terms may apply only if expressly accepted by MKSZ in writing.
- 14.3 Amendments and supplements to the Terms of Use, as well as notices required for their performance, are valid only in writing (including by email or by displaying and accepting the amended Terms of Use through the Platform), taking into account Section 11. The requirement of written form may be changed only in writing.
- 14.4 MKSZ is entitled, with four weeks’ prior notice to the User, to assign in whole or in part its rights and obligations under the contract concluded under these Terms of Use to another service provider. In that case, however, the User is entitled to terminate the contract in writing within four weeks from the date of receipt of the written notice, with effect from the planned date of transfer of the contract to the service provider replacing MKSZ. In the written notice, we will expressly inform the User of the right of termination. For the sake of clarity, we record that this does not affect Your right to terminate the Terms of Use.
- 14.5 These Terms of Use and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hungary.
15. Consumer protection provisions
This Section 15 applies to You only if You qualify as a consumer within the meaning of Section 8:1 (1) point 3 of the Civil Code. If You qualify as a consumer, the provisions of these Terms of Use may not limit the consumer rights to which You are entitled by law, or those
10
rights from which it is not possible to derogate under a mandatory provision of law. Accordingly, the provisions of this Section 15 take precedence over other differing provisions of the Terms of Use. We provide the information to which You are entitled under Government Decree 45/2014. (II. 26.) (“Government Decree”) as follows:
- a) Name of the service provider:
See Section 2.1 of these Terms of Use
- b) The service provider’s registered office, place of business, postal address, and service provider details:
See Section 2.1 of the Terms of Use
- c) Essential characteristics of the services:
For the essential terms of the Platform and the services available through it, see Sections 3, 4, 5 and 6 of these Terms of Use.
- d) The total amount of consideration for the services under the agreement including taxes, as well as all additional costs that may arise beyond this: Unless expressly provided otherwise in the Terms of Use, the Platform and the services available through it are currently provided without charge and without a subscription fee. This does not affect fees and costs that may be charged by third-party providers (e.g. internet service provider).
- e) In the case of a contract of indefinite duration or a contract containing a subscription:
Under these Terms of Use, You may use the Platform and the services available through it for an indefinite period. Unless expressly provided otherwise in the Terms of Use, we do not use fixed-term contracts.
- f) The fee for using the means of distance communication used for concluding the contract:
As consideration for the internet, mobile or other electronic connection of the end-user device used by You (e.g. mobile phone, etc.), Your electronic communications service provider may charge a fee based on Your individual subscriber or other contract. For further information on usage levels and fees, please contact Your electronic communications service provider.
g) About the conditions of performance, in particular payment and the performance deadline, as well as the company’s complaint handling method:
11
The Application is activated virtually in real time, immediately after installation. Delivery of the Platform and the services available through it is not possible. Performance is automatic and the performance deadline is immediate.
You may submit complaints relating to the Platform and the services available through it through the contact details specified in Section 2.1. In the case of an oral complaint communicated by telephone or by using another electronic communications service, we draw up minutes of the complaint, examine it immediately and, if necessary and possible, remedy it immediately. If this is not possible, we investigate the complaint within 30 days and inform You in writing of the result of the investigation. In the case of a written complaint, we investigate the complaint within 30 days and also send You a substantive written response within this deadline. If we reject the complaint, we are obliged to state the reasons for doing so.
h) About Your right of withdrawal and termination as a consumer:
If You qualify as a consumer under the law, this section of the Terms of Use contains information about the 14-day right of withdrawal and termination without giving reasons to which You are entitled under Section 20 of the Government Decree. With regard to the right of withdrawal and termination, this section applies to You only if You qualify as a consumer under the law.
By accepting these Terms of Use and using the Platform (in particular, but not limited to, by installing the Application), You agree that You lose the right of withdrawal to which You would otherwise be entitled under consumer protection rules. However, You may terminate these Terms of Use at any time and for any reason by sending us written notice to that effect (including by email). In that case, You must remove the Application. We will then process Your request and ensure the termination of Your account.
You may exercise Your right of withdrawal or termination either by using the model form set out in Annex 2 to the Government Decree (see below) or by means of a clear statement to that effect, which You must send to our postal address or email address specified in Section 2.1 of these Terms of Use. The exercise of the right of withdrawal or termination is considered timely if You send it within the deadline set out in the previous paragraph. You bear the burden of proving that You exercised Your right of withdrawal or termination in accordance with this paragraph.
Model withdrawal/termination statement
(complete and return only if You intend to withdraw from/terminate the contract)
Addressee: Magyar Kerékpáros Szövetség 1146 Budapest, Szabó J. u. 3.
E-mail: info@bringasport.hu;
12
I/We the undersigned hereby declare that I/we exercise my/our right of withdrawal/termination in respect of the contract for the sale of the following product(s) or the provision of the following service: *
Date of conclusion of contract / date of receipt: *
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only in the case of a statement made on paper) Date
Since it is not possible to return a product due to the electronic performance of the Application and the Services, no costs relating to the return of the product are incurred. Since we incur no costs in connection with the right of withdrawal or termination exercised after the commencement of performance, You are not obliged to reimburse such reasonable costs either.
i) On the statutory obligation relating to the warranty of conformity and product warranty:
WARRANTY OF CONFORMITY
In what cases may You exercise Your rights under the warranty of conformity?
In the event of defective performance by us, You may assert a warranty of conformity claim against us as a business in accordance with the rules of the Civil Code.
What rights do You have under Your warranty of conformity claim?
At Your choice, You may assert the following warranty of conformity claims:
You may request repair or replacement, unless fulfilling the claim chosen by You from among these would be impossible or would entail disproportionate additional costs for the business compared to fulfilling another claim. If You did not request or could not request repair or replacement, You may request a proportionate reduction of the consideration, or have the defect repaired at the business’s expense Yourself or have it repaired by someone else, or, as a last resort, withdraw from the contract. You may switch from one chosen warranty of conformity right to another, but You bear the cost of switching, unless it was justified or we gave cause for it.
Within what time limit may You assert Your warranty of conformity claim?
You are obliged to notify the defect without delay after discovering it, but no later than within two months from the date of discovery of the defect. You may no longer enforce Your warranty of conformity rights after the two-year limitation period from the performance of the contract.
Against whom may You assert Your warranty of conformity claim?
13
You may assert Your warranty of conformity claim against MKSZ.
What other conditions are there for enforcing Your warranty of conformity rights?
Within six months from performance, there is no condition other than notification of the defect for enforcing Your warranty of conformity claim if You prove that the product or service was provided by MKSZ. However, after six months from performance, You are obliged to prove that the defect recognized by You already existed at the time of performance.
PRODUCT WARRANTY
In what cases may You exercise Your product warranty rights?
In the event of a defect in a movable item (product), You may, at Your choice, assert either a warranty of conformity claim or a product warranty claim.
What rights do You have under Your product warranty claim?
As a product warranty claim, You may request only repair or replacement of the defective product.
When is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the characteristics described by the manufacturer.
Within what time limit may You assert Your product warranty claim?
You may assert Your product warranty claim within two years from the date the product was placed on the market by the manufacturer. After expiry of this period, You lose this entitlement.
Against whom and under what other conditions may You assert Your product warranty claim?
You may exercise Your product warranty claim only against the manufacturer or distributor of the movable item. In the event of enforcing a product warranty claim, You must prove the defect of the product.
In what cases is the manufacturer (distributor) exempt from its product warranty obligation?
The manufacturer (distributor) is exempt from its product warranty obligation only if it can prove that:
- it did not manufacture or place the product on the market within the scope of its business activity; or
- according to the state of science and technology at the time the product was placed on the market, the defect was not recognizable; or
- the defect in the product results from the application of a law or mandatory official regulation.
14
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
You may not simultaneously assert a warranty of conformity claim and a product warranty claim in parallel for the same defect. However, if Your product warranty claim is successfully enforced, You may assert Your warranty of conformity claim against the manufacturer with respect to the replaced product or repaired part.
- j) On the availability of after-sales customer service and other services, as well as the existence and conditions of a guarantee:
In relation to the Platform and the services available through it, You may also request information from us in the relevant subject area at the email address and telephone number provided in Section 2.1 of these Terms of Use. Our contact details are set out in Section 2.1 of these Terms of Use. We do not provide a guarantee for the Platform and the services available through it, and under Government Decree 151/2003. (IX. 22.) and its annex, no guarantee obligation applies to the Platform and the services available through it.
- k) Whether a code of conduct under the Act on the prohibition of unfair commercial practices against consumers is available, and the method of requesting a copy of the code of conduct:
It is not available and no copy can be requested.
- l) In the case of a fixed-term contract, the duration of the contract; in the case of an indefinite-term contract, the conditions for terminating the contract:
The contract is for an indefinite period. However, You may terminate these Terms of Use at any time and for any reason in accordance with Section 7. If we provide a service for a fixed period, its duration corresponds to the duration of the service.
m) In the case of a fixed-term contract that may be converted into a contract of indefinite duration, the conditions of the conversion and the conditions for terminating the contract thus converted into one of indefinite duration:
There is no such case.
n) The minimum duration of the consumer’s obligations under the contract:
15
See Section 6 of the Terms of Use.
- o) On the deposit or other financial security to be paid or provided by the consumer at the request of the business, and its conditions:
There is no such case.
- p) On the operation of digital content, as well as the applicable technical protection measures:
More detailed information on this is contained in Sections 3, 5 and 9 of these Terms of Use.
- q) On the interoperability of digital content with hardware and software to the extent reasonably expected from the business’s knowledge:
More detailed information on this is contained in Section 5 of these Terms of Use.
- r) On the possibility of using an out-of-court complaint handling method and dispute resolution mechanism that is binding on the business by law or by the business’s decision, and on the manner of access thereto: You may contact us with Your complaint through the contact details specified in Section 2.1 of the Terms of Use, and we will do everything within our power to terminate and remedy any possible violations of rights. Any potential disputes with You will primarily be settled out of court through consultation. If consultation does not lead to a result, You may turn to an authority, court or conciliation body in accordance with the applicable laws and these Terms of Use.
- s) On the possibility of turning to the conciliation body, and on the name and postal address of the conciliation body competent according to the Service Provider’s registered office:
The conciliation body has jurisdiction for the out-of-court settlement of disputes between the consumer and the business relating to the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties (hereinafter: consumer dispute): for this purpose, attempting to create a settlement and, if unsuccessful, making a decision in the matter in order to ensure the simple, fast, effective and cost-efficient enforcement of consumer rights. At the request of the consumer or the business, the conciliation body provides advice on the rights to which the consumer is entitled and the obligations incumbent on the consumer. A condition for initiating proceedings before the conciliation body is that the consumer attempt to settle the disputed matter directly with the business concerned. Proceedings before the conciliation body are initiated at the consumer’s request. The request must be submitted in writing to the chair of the conciliation body.
The User (consumer) may also request the free-of-charge procedure of the conciliation body in relation to the quality of the service and the conclusion and performance of the contract between the parties.
16
If the User (consumer) has a residence or place of stay in Hungary, the conciliation body operating alongside the county (capital city) chambers of commerce and industry competent according to that residence or place of stay shall have jurisdiction.
The contact details of the conciliation bodies can be found on the page https://www.bekeltetes.hu/index.php?id=testuletek.
The conciliation body competent according to the Service Provider’s registered office: the Budapest Conciliation Board operated by the Budapest Chamber of Commerce and Industry, postal
address: 1016 Budapest, Krisztina krt. 99.
t) The European Commission’s online dispute resolution platform is available at the following address:
You have the possibility to initiate the out-of-court settlement of Your complaint relating to the Platform and the services provided through it within the framework of an online dispute resolution procedure. You may initiate online dispute resolution on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
You may also obtain detailed information on this page about the possibility and conditions of online dispute resolution. This internet-based platform was created by the EU for consumers who wish to lodge a complaint about products or services they purchased online and would like to ask a neutral third party (dispute resolution body) to handle the complaint. Further information about the online dispute resolution platform and its use, and about the manner of dispute resolution, can be found on the website accessible via the above link.
u) Information on contract conclusion
Information related to this is contained in Section 2 of the Terms of Use.